Airworthiness Directives; Dassault Aviation Airplanes, 80570-80572 [2023-25496]
Download as PDF
80570
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
Issued on November 13, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–25497 Filed 11–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1651; Project
Identifier MCAI–2023–00481–T; Amendment
39–22589; AD 2023–22–05]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2020–23–
10, which applied to certain Dassault
Aviation Model FAN JET FALCON and
FAN JET FALCON SERIES C, D, E, F,
and G airplanes. AD 2020–23–10
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD continues to require
the actions in AD 2020–23–10 and
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate additional
new or more restrictive airworthiness
limitations, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective December
26, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 26, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of December 23, 2020 (85 FR
73404, November 18, 2020).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1651; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:15 Nov 17, 2023
Jkt 262001
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–1651.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone: 206–231–3226;
email: tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2020–23–10,
Amendment 39–21326 (85 FR 73404,
November 18, 2020) (AD 2020–23–10).
AD 2020–23–10 applied to certain
Dassault Aviation Model FAN JET
FALCON and FAN JET FALCON
SERIES C, D, E, F, and G airplanes. AD
2020–23–10 required revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA issued AD 2020–
23–10 to address, among other things,
fatigue cracking and damage in
principle structural elements; such
fatigue cracking and damage could
result in reduced structural integrity of
the airplane.
The NPRM published in the Federal
Register on August 14, 2023 (88 FR
54935). The NPRM was prompted by
AD 2023–0060, dated March 16, 2023,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2023–0060)
(also referred to as the MCAI). The
MCAI states that new or more restrictive
airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to
continue to require the actions in AD
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
2020–23–10 and to require revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations, as specified
in EASA AD 2023–0060. The FAA is
issuing this AD to address the unsafe
condition on these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1651.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on this
product. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0060 specifies new or
more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2019–0141, dated June 17, 2019, which
the Director of the Federal Register
approved for incorporation by reference
as of December 23, 2020 (85 FR 73404,
November 18, 2020).
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 168 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2020–23–10 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 work-
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
hours per operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per
operator for the new actions to be
$7,650 (90 work-hours × $85 per workhour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
ddrumheller on DSK120RN23PROD with RULES1
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
VerDate Sep<11>2014
16:15 Nov 17, 2023
Jkt 262001
the FAA amends 14 CFR part 39 as
follows:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2020–23–10, Amendment 39–
21326 (85 FR 73404, November 18,
2020); and
■ b. Adding the following new AD:
■
■
2023–22–05 Dassault Aviation:
Amendment 39–22589; Docket No.
FAA–2023–1651; Project Identifier
MCAI–2023–00481–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 26, 2023.
(b) Affected ADs
This AD replaces AD 2020–23–10,
Amendment 39–21326 (85 FR 73404,
November 18, 2020) (AD 2020–23–10).
(c) Applicability
This AD applies to Dassault Aviation
airplanes specified in paragraphs (c)(1) and
(2) of this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2023–0060, dated March
16, 2023 (EASA AD 2023–0060).
(1) Model FAN JET FALCON airplanes.
(2) Model FAN JET FALCON SERIES C, D,
E, F, and G airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address, among other things,
fatigue cracking and damage in principle
structural elements; such fatigue cracking
and damage could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Revision of the Existing
Maintenance or Inspection Program, With a
New Terminating Action
This paragraph restates the requirements of
paragraph (i) of AD 2020–23–10, with a new
terminating action. Except as specified in
paragraph (h) of this AD: Comply with all
required actions and compliance times
specified in, and in accordance with, EASA
AD 2019–0141, dated June 17, 2019 (EASA
AD 2019–0141). Accomplishing the revision
of the existing maintenance or inspection
program required by paragraph (j) of this AD
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
terminates the requirements of this
paragraph.
(h) Retained Exceptions to EASA AD 2019–
0141, With No Changes
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
80571
This paragraph restates the exceptions
specified in paragraph (j) of AD 2020–23–10,
with no changes.
(1) The requirements specified in
paragraphs (1), (2), (4), and (5) of EASA AD
2019–0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2019–0141
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
maintenance or inspection program, as
applicable, to incorporate the ‘‘limitations,
tasks and associated thresholds and
intervals’’ specified in paragraph (3) of EASA
AD 2019–0141 within 90 days after
December 23, 2020 (the effective date of AD
2020–23–10).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2019–0141 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2019–0141, or
within 90 days after December 23, 2020 (the
effective date of AD 2020–23–10), whichever
occurs later.
(4) The ‘‘Remarks’’ section of EASA AD
2019–0141 does not apply to this AD.
(i) Retained Restrictions on Alternative
Actions and Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (k) of AD 2020–23–10, with a new
exception. Except as required by paragraph
(j) of this AD, after the maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals are allowed except as specified in
the provisions of the ‘‘Ref. Publications’’
section of EASA AD 2019–0141.
(j) New Revision of the Existing Maintenance
or Inspection Program
Except as specified in paragraph (k) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2023–0060.
Accomplishing the revision of the existing
maintenance or inspection program required
by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2023–0060
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0060.
(2) Paragraph (3) of EASA AD 2023–0060
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
maintenance or inspection program, as
applicable, within 90 days after the effective
date of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0060 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0060, or
within 90 days after the effective date of this
AD, whichever occurs later.
E:\FR\FM\20NOR1.SGM
20NOR1
80572
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0060.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0060.
(l) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (j) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0060.
(m) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (n) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Dassault
Aviation’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
ddrumheller on DSK120RN23PROD with RULES1
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on December 26, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0060, dated March 16,
2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on December 23, 2020 (85
FR 73404, November 18, 2020).
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0141, dated June 17, 2019.
(ii) [Reserved]
16:15 Nov 17, 2023
Jkt 262001
Issued on October 27, 2023.
Caitlin Locke, Director,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–25496 Filed 11–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1638; Project
Identifier AD–2022–00466–E; Amendment
39–22586; AD 2023–22–02]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Division Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2018–02–
10, which applied to certain Pratt &
Whitney Division (PW) Model PW4074,
PW4074D, PW4077, PW4077D,
PW4084D, PW4090, and PW4090–3
engines. AD 2018–02–10 required
performing repetitive fluorescent
penetrant inspections (FPIs) to detect
cracks in the outer diffuser case (ODC),
removal of any ODC that fails
inspection, and updating the mandatory
inspections in the Airworthiness
Limitations Section (ALS) of the
Instructions for Continued
Airworthiness (ICA). Since the FAA
issued AD 2018–02–10, PW developed a
modification to reduce the susceptibility
of ODC cracking. This AD retains the
ALS update requirement from AD 2018–
02–10, requires replacing certain ODC
part numbers with parts eligible for
installation, expands the applicability to
all ODC part numbers, and adjusts the
compliance threshold of the FPIs of the
ODC. The FAA is issuing this AD to
SUMMARY:
(n) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone: 206–231–
3226; email: tom.rodriguez@faa.gov.
VerDate Sep<11>2014
(5) For EASA ADs 2023–0060 and 2019–
0141, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find these
EASA ADs on the EASA website at
ad.easa.europa.eu.
(6) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(7) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
address the unsafe condition on these
products.
This AD is effective December
26, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 26, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1638; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Pratt &
Whitney Division, 400 Main Street, East
Hartford, CT 06118; phone: (800) 565–
0140; email: help24@prattwhitney.com;
website: connect.prattwhitney.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
on the availability of this material at the
FAA, call (817) 222–5110. It is also
available at regulations.gov under
Docket No. FAA–2023–1638.
FOR FURTHER INFORMATION CONTACT:
Carol Nguyen, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–
7655; email: carol.nguyen@faa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2018–02–10,
Amendment 39–19163 (FR 83 2896,
January 22, 2018), (‘‘AD 2018–02–10’’).
AD 2018–02–10 applied to PW Model
PW4074, PW4074D, PW4077,
PW4077D, PW4084D, PW4090, and
PW4090–3 engines with ODC part
number (P/N) 50J775 or P/N 50J930,
installed. The NPRM published in the
Federal Register on August 8, 2023 (88
FR 53406). The NPRM was prompted by
an updated analysis by the engine
manufacturer, which determined that
cracks on the ODC originated due to
high stress in the area between Tt3 boss
and thermocouple bracket boss. PW
developed a modification to improve
the surface area between Tt3 boss and
E:\FR\FM\20NOR1.SGM
20NOR1
Agencies
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80570-80572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25496]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1651; Project Identifier MCAI-2023-00481-T;
Amendment 39-22589; AD 2023-22-05]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-23-
10, which applied to certain Dassault Aviation Model FAN JET FALCON and
FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2020-23-10
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This AD continues
to require the actions in AD 2020-23-10 and requires revising the
existing maintenance or inspection program, as applicable, to
incorporate additional new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 23, 2020 (85 FR 73404, November 18, 2020).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1651; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1651.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone:
206-231-3226; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-23-10, Amendment 39-21326 (85 FR
73404, November 18, 2020) (AD 2020-23-10). AD 2020-23-10 applied to
certain Dassault Aviation Model FAN JET FALCON and FAN JET FALCON
SERIES C, D, E, F, and G airplanes. AD 2020-23-10 required revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
issued AD 2020-23-10 to address, among other things, fatigue cracking
and damage in principle structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.
The NPRM published in the Federal Register on August 14, 2023 (88
FR 54935). The NPRM was prompted by AD 2023-0060, dated March 16, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0060) (also referred to as the MCAI).
The MCAI states that new or more restrictive airworthiness limitations
have been developed.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-23-10 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
2023-0060. The FAA is issuing this AD to address the unsafe condition
on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1651.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0060 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2019-0141, dated June 17, 2019, which
the Director of the Federal Register approved for incorporation by
reference as of December 23, 2020 (85 FR 73404, November 18, 2020).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 168 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2020-23-10 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-
[[Page 80571]]
hours per operator, although the agency recognizes that this number may
vary from operator to operator. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-23-10, Amendment 39-21326
(85 FR 73404, November 18, 2020); and
0
b. Adding the following new AD:
2023-22-05 Dassault Aviation: Amendment 39-22589; Docket No. FAA-
2023-1651; Project Identifier MCAI-2023-00481-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 26,
2023.
(b) Affected ADs
This AD replaces AD 2020-23-10, Amendment 39-21326 (85 FR 73404,
November 18, 2020) (AD 2020-23-10).
(c) Applicability
This AD applies to Dassault Aviation airplanes specified in
paragraphs (c)(1) and (2) of this AD, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2023-0060, dated March 16, 2023 (EASA AD 2023-0060).
(1) Model FAN JET FALCON airplanes.
(2) Model FAN JET FALCON SERIES C, D, E, F, and G airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address, among other things, fatigue cracking and
damage in principle structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action
This paragraph restates the requirements of paragraph (i) of AD
2020-23-10, with a new terminating action. Except as specified in
paragraph (h) of this AD: Comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2019-
0141, dated June 17, 2019 (EASA AD 2019-0141). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (j) of this AD terminates the requirements of this
paragraph.
(h) Retained Exceptions to EASA AD 2019-0141, With No Changes
This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-23-10, with no changes.
(1) The requirements specified in paragraphs (1), (2), (4), and
(5) of EASA AD 2019-0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2019-0141 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2019-0141 within 90 days after December 23, 2020 (the
effective date of AD 2020-23-10).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2019-0141 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2019-0141, or
within 90 days after December 23, 2020 (the effective date of AD
2020-23-10), whichever occurs later.
(4) The ``Remarks'' section of EASA AD 2019-0141 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (k) of AD
2020-23-10, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed except as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2019-0141.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0060. Accomplishing the revision of
the existing maintenance or inspection program required by this
paragraph terminates the requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2023-0060
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0060.
(2) Paragraph (3) of EASA AD 2023-0060 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0060 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0060, or within 90
days after the effective date of this AD, whichever occurs later.
[[Page 80572]]
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0060.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0060.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0060.
(m) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (n) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(n) Additional Information
For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone: 206-231-3226; email: [email protected].
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
December 26, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0060,
dated March 16, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 23, 2020 (85 FR 73404, November 18, 2020).
(i) European Union Aviation Safety Agency (EASA) AD 2019-0141,
dated June 17, 2019.
(ii) [Reserved]
(5) For EASA ADs 2023-0060 and 2019-0141, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
(6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on October 27, 2023.
Caitlin Locke, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2023-25496 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P