Airworthiness Directives; Dassault Aviation Airplanes, 3342-3344 [R1-2023-28853]
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3342
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
(i) Bombardier Service Bulletin 604–35–
008, Revision 02, dated January 13, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Bombardier, Inc., Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email:
ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) 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-locationsoremailfr.inspection@nara.gov.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. R1–2023–28849 Filed 1–17–24; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1502; Project
Identifier MCAI–2023–00380–T; Amendment
39–22634; AD 2023–25–07]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
Editorial Note: Rule document 2023–28853
originally published on pages 244–246 in the
issue of Wednesday, January 3, 2024. In that
publication, on page 244, in the second
column, in the DATES section, on the first,
second, and sixth lines, on page 245, in the
third column, in paragraph ‘‘(a) Effective
Date,’’ on the second line, and on page 246,
in the second column, in paragraph ‘‘(p)
Material Incorporated by Reference,’’ in sub
paragraph ‘‘(3),’’ ‘‘February 7, 2023’’ should
read ‘‘February 7, 2024’’. The rule is
republished here corrected and in its
entirety.
The FAA is superseding
Airworthiness Directive (AD) 2023–04–
10, which applied to all Dassault
Aviation Model MYSTERE–FALCON
900 airplanes. AD 2023–04–10 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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
or more restrictive airworthiness
limitations are necessary. This AD
continues to require the actions in AD
2023–04–10, and requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
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 February 7,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 7, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of May 12, 2023 (88 FR
20743, April 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1502; 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 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–
2023–1502.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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 2023–04–10,
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Amendment 39–22357 (88 FR 20743,
April 7, 2023) (AD 2023–04–10). AD
2023–04–10 applied to all Dassault
Aviation Model MYSTERE-FALCON
900 airplanes. AD 2023–04–10 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA
issued AD 2023–04–10 to address
reduced structural integrity of the
airplane. AD 2023–04–10 specifies that
accomplishing the revision required by
that AD terminates the requirements of
paragraph (g)(1) of AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (AD 2010–26–05)
for Dassault Aviation Model MYSTEREFALCON 900 airplanes only. This AD
therefore continues to allow that
terminating action.
The NPRM published in the Federal
Register on July 21, 2023 (88 FR 47086);
corrected August 14, 2023 (88 FR
54933). The NPRM was prompted by
AD 2023–0046, dated March 2, 2023,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2023–0046)
(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
2023–04–10 and to require revising the
existing maintenance or inspection
program, as specified in EASA AD
2023–0046. The FAA is issuing this AD
to address reduced structural integrity
of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1502.
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
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
in the NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2023–
0046. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2022–0137, dated July 6, 2022, which
the Director of the Federal Register
approved for incorporation by reference
as of May 12, 2023 (88 FR 20743, April
7, 2023).
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.
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Costs of Compliance
The FAA estimates that this AD
affects 151 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 2023–04–10 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 workhours 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
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16:09 Jan 17, 2024
Jkt 262001
3343
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
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.
(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 reduced structural
integrity of the airplane.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2023–04–10, Amendment 39–
22357 (88 FR 20743, April 7, 2023); and
■ b. Adding the following new AD:
■
■
2023–25–07 Dassault Aviation:
Amendment 39–22634; Docket No. FAA–
2023–1502; Project Identifier MCAI–2023–
00380–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 16, 2024.
(b) Affected ADs
(1) This AD replaces AD 2023–04–10,
Amendment 39–22357 (88 FR 20743, April 7,
2023) (AD 2023–04–10).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (AD 2010–26–05).
(c) Applicability
This AD applies to all Dassault Aviation
Model MYSTERE–FALCON 900 airplanes,
certificated in any category.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
(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
No Changes
This paragraph restates the requirements of
paragraph (j) of AD 2023–04–10, with no
changes. Except as specified in paragraph (h)
of this AD: Comply with all required actions
and compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2022–0137, dated
July 6, 2022 (EASA AD 2022- 0137).
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 2022–
0137, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–04- 10,
with no changes.
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2022–0137.
(2) Paragraph (3) of EASA AD 2022–0137
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 May 12, 2023
(the effective date of AD 2023–04–10).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2022–0137 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2022–0137, or
within 90 days after May 12, 2023 (the
effective date of AD 2023–04–10), whichever
occurs later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2022–0137.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0137
(i) Retained Restrictions on Alternative
Actions or Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2023–04–10, 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 unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2022–0137.
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
(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 2023–0046,
dated March 2, 2023 (EASA AD 2023–0046).
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 2023–0046
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0046.
(2) Paragraph (3) of EASA AD 2023–0046
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 2023–0046 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0046, or
within 90 days after the effective date of this
AD, whichever occurs later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0046.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0046.
(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
2023–0046.
khammond on DSKJM1Z7X2PROD with RULES
(m) Terminating Action for AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (j) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model
MYSTERE–FALCON 900 airplanes only.
(n) 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 (o) 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
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
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.
(o) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206–
231–3226; email tom.rodriguez@faa.gov.
(p) 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 February 7, 2024.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0046, dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on May 12, 2023 (88 FR
20743, April 7, 2023).
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0137, dated July 6, 2022.
(ii) [Reserved]
(5) For EASA ADs 2023–0046 and 2022–
0137, 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 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.
(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-locationsoremailfr.inspection@nara.gov.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. R1–2023–28853 Filed 1–17–24; 8:45 am]
BILLING CODE 0099–10–D
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1250
[Docket No. CPSC–2017–0010]
Safety Standard Mandating ASTM F963
for Toys
Consumer Product Safety
Commission.
AGENCY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
ACTION:
Direct final rule.
Section 106 of the Consumer
Product Safety Improvement Act
(CPSIA) made ASTM F963–07e1,
Standard Consumer Safety
Specification for Toy Safety, a
mandatory consumer product safety
standard. Section 106 also provides
procedures for revisions to the ASTM
F963 standard. In accordance with those
procedures, the Consumer Product
Safety Commission (CPSC or
Commission) has allowed the revised
standard, ASTM F963–23, to become
the mandatory toy standard. This direct
final rule incorporates by reference
ASTM F963–23 and updates the
existing notice of requirements (NOR)
that provide the criteria and processes
for Commission acceptance of
accreditation of third-party conformity
assessment bodies for testing to ASTM
F963.
DATES: The rule is effective on April 20,
2024, unless CPSC receives a significant
adverse comment by February 20, 2024.
If CPSC receives such a significant
adverse comment, it will publish a
document in the Federal Register
withdrawing this direct final rule before
its effective date. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of April 20, 2024.
ADDRESSES: You can submit comments,
identified by Docket No. CPSC–2017–
0010, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at:
www.regulations.gov. Follow the
instructions for submitting comments.
Do not submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. CPSC
typically does not accept comments
submitted by email except as described
below.
Mail/Hand Delivery/Courier/
Confidential Written Submissions: CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal. You may, however,
submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7479.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
www.regulations.gov. If you wish to
SUMMARY:
E:\FR\FM\18JAR1.SGM
18JAR1
Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3342-3344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2023-28853]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T;
Amendment 39-22634; AD 2023-25-07]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
Editorial Note: Rule document 2023-28853 originally published on
pages 244-246 in the issue of Wednesday, January 3, 2024. In that
publication, on page 244, in the second column, in the DATES
section, on the first, second, and sixth lines, on page 245, in the
third column, in paragraph ``(a) Effective Date,'' on the second
line, and on page 246, in the second column, in paragraph ``(p)
Material Incorporated by Reference,'' in sub paragraph ``(3),''
``February 7, 2023'' should read ``February 7, 2024''. The rule is
republished here corrected and in its entirety.
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
10, which applied to all Dassault Aviation Model MYSTERE-FALCON 900
airplanes. AD 2023-04-10 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 2023-04-
10, and requires revising the existing maintenance or inspection
program, as applicable, to incorporate 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 February 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
12, 2023 (88 FR 20743, April 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1502; 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-2023-1502.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
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 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10). AD 2023-04-10 applied to all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2023-04-10
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2023-04-10 to address reduced structural
integrity of the airplane. AD 2023-04-10 specifies that accomplishing
the revision required by that AD terminates the requirements of
paragraph (g)(1) of AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (AD 2010-26-05) for Dassault Aviation Model MYSTERE-
FALCON 900 airplanes only. This AD therefore continues to allow that
terminating action.
The NPRM published in the Federal Register on July 21, 2023 (88 FR
47086); corrected August 14, 2023 (88 FR 54933). The NPRM was prompted
by AD 2023-0046, dated March 2, 2023, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2023-0046) (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 2023-04-10 and to require revising the existing maintenance or
inspection program, as specified in EASA AD 2023-0046. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1502.
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
[[Page 3343]]
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0046. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0137, dated July 6, 2022, which
the Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20743, April 7, 2023).
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 151 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 2023-04-10 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-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) 2023-04-10, Amendment 39-22357
(88 FR 20743, April 7, 2023); and
0
b. Adding the following new AD:
2023-25-07 Dassault Aviation: Amendment 39-22634; Docket No. FAA-
2023-1502; Project Identifier MCAI-2023-00380-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 16,
2024.
(b) Affected ADs
(1) This AD replaces AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10).
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).
(c) Applicability
This AD applies to all Dassault Aviation Model MYSTERE-FALCON
900 airplanes, certificated in any category.
(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 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 No Changes
This paragraph restates the requirements of paragraph (j) of AD
2023-04-10, with no changes. Except as specified in paragraph (h) of
this AD: Comply with all required actions and compliance times
specified in, and in accordance with, European Union Aviation Safety
Agency (EASA) AD 2022-0137, dated July 6, 2022 (EASA AD 2022- 0137).
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 2022-0137, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04- 10, with no changes.
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2022-0137.
(2) Paragraph (3) of EASA AD 2022-0137 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 May 12, 2023 (the effective date
of AD 2023-04-10).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0137 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0137, or within 90
days after May 12, 2023 (the effective date of AD 2023-04-10),
whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2022-0137.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0137
(i) Retained Restrictions on Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-04-10, 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 unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2022-0137.
[[Page 3344]]
(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 2023-0046, dated March 2, 2023 (EASA AD
2023-0046). 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 2023-0046
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0046.
(2) Paragraph (3) of EASA AD 2023-0046 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 2023-0046 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0046, or within 90
days after the effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0046.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0046.
(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 2023-0046.
(m) Terminating Action for AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model MYSTERE-FALCON 900 airplanes
only.
(n) 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 (o) 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.
(o) Additional Information
For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3226; email
[email protected].
(p) 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
February 7, 2024.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0046,
dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20743, April 7, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2022-0137,
dated July 6, 2022.
(ii) [Reserved]
(5) For EASA ADs 2023-0046 and 2022-0137, 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 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.
(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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. R1-2023-28853 Filed 1-17-24; 8:45 am]
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