Airworthiness Directives; Dassault Aviation Airplanes, 15965-15967 [2024-04563]
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15965
Proposed Rules
Federal Register
Vol. 89, No. 45
Wednesday, March 6, 2024
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0457; Project
Identifier MCAI–2023–01207–T]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–02–10, which applies to certain
Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX
airplanes. AD 2022–02–10 requires
replacement of certain titanium screws.
Since the FAA issued AD 2022–02–10,
affected parts have been found in other
areas of certain Falcon 7X airplanes as
well as in additional Falcon 7X
airplanes. This proposed AD would
continue to require the actions in AD
2022–02–10, add other locations for
screw replacement, and revise the
applicability, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation
by reference (IBR). The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by April 22, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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16:07 Mar 05, 2024
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• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0457; 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 NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For the EASA AD identified in this
NPRM, contact EASA, KonradAdenauer-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. It is also available at
regulations.gov under Docket No. FAA–
2024–0457.
• 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.
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:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–0457; Project Identifier
MCAI–2023–01207–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
PO 00000
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Fmt 4702
Sfmt 4702
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 206–231–3226;
email: tom.rodriguez@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2022–02–10,
Amendment 39–21907 (87 FR 7025,
February 8, 2022) (AD 2022–02–10), for
certain Dassault Aviation Model
FALCON 7X, FALCON 900EX, and
FALCON 2000EX airplanes. AD 2022–
02–10 was prompted by MCAI
originated by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA issued
AD 2021–0047, dated February 16,
2021, to correct an unsafe condition.
AD 2022–02–10 requires replacement
of certain titanium screws. The FAA
issued AD 2022–02–10 to address
failure of an affected screw installed in
a critical location, possibly resulting in
reduced structural integrity of the
airplane. See the MCAI for additional
background information.
Actions Since AD 2022–02–10 Was
Issued
Since the FAA issued AD 2022–02–
10, EASA superseded EASA AD 2021–
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Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Proposed Rules
Dassault Service Bulletin 7X–467,
Revision 2, dated March 20, 2023,
specifies procedures for additional
work.
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.
0047, dated February 16, 2021, and
issued EASA AD 2023–0207, dated
November 21, 2023 (also referred to as
the MCAI), to correct an unsafe
condition for certain Dassault Aviation
Model FALCON 7X, FALCON 900EX,
and FALCON 2000EX airplanes. The
MCAI states that since EASA issued AD
2021–0047, it was determined that
affected parts have been installed in
production in additional areas of certain
Model FALCON 7X airplanes already
included in the applicability of EASA
AD 2021–0047. Additionally, it was
determined that additional Model
FALCON 7X airplanes were not
included in the applicability of EASA
AD 2021–0047.
The FAA is proposing 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–2024–0457.
FAA’s Determination
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
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2022–02–10, this proposed AD would
retain all of the requirements of AD
2022–02–10. Those requirements are
referenced in EASA AD 2023–0207,
which, in turn, is referenced in
paragraph (g) of this proposed AD.
Related Service Information Under 1
CFR Part 51
Proposed AD Requirements in This
NPRM
This proposed AD would retain
certain requirements of AD 2022–02–10.
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0207 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
EASA AD 2023–0207 specifies
procedures for replacing titanium
screws.
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2023–0207 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0207
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2023–0207 does not mean
that operators need comply only with
that section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0207.
Service information required by EASA
AD 2023–0207 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–0457 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 44
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
ddrumheller on DSK120RN23PROD with PROPOSALS1
Retained actions from AD
2022–02–10.
New proposed requirements ..
Labor cost
Up to
per
Up to
per
90 work-hours × $85
hour = $7,650.
110 work-hours × $85
hour = $9,350.
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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
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16:07 Mar 05, 2024
Parts cost
Jkt 262001
Cost per product
$0
Up to $7,650 ..........................
Up to $336,600.
0
Up to $9,350 ..........................
Up to $411,400.
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.
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Fmt 4702
Cost on U.S. operators
Sfmt 4702
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
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Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Proposed Rules
(3) Would 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 Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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) 2022–02–10, Amendment 39–
21907 (87 FR 7025, February 8, 2022);
and
■ b. Adding the following new AD:
■
■
Dassault Aviation: Docket No. FAA–2024–
0457; Project Identifier MCAI–2023–
01207–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 22,
2024.
(b) Affected ADs
This AD replaces AD 2022–02–10,
Amendment 39–21907 (87 FR 7025, February
8, 2022) (AD 2022–02–10).
(c) Applicability
This AD applies to Dassault Aviation
airplanes identified in paragraphs (c)(1)
through (3) of this AD, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023–
0207, dated November 21, 2023 (EASA AD
2023–0207).
(1) Model FALCON 7X airplanes.
(2) Model FALCON 900EX airplanes.
(3) Model FALCON 2000EX airplanes.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(d) Subject
Air Transport Association (ATA) of
America Code 51, Standard Practices/
Structures.
(e) Unsafe Condition
This AD was prompted by a report of an
improper heat treatment process applied
during the manufacturing of certain
Decomatic titanium screws, and by the
determination that affected parts in
additional areas on certain airplanes, as well
as additional airplanes, are subject to the
unsafe condition. The FAA is issuing this AD
to address failure of an affected screw
installed in a critical location, possibly
VerDate Sep<11>2014
16:07 Mar 05, 2024
Jkt 262001
resulting in reduced structural integrity of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
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 2023–0207.
(h) Exceptions to EASA AD 2023–0207
(1) Where EASA AD 2023–0207 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0207.
(3) Where Ref Publications specifies
‘‘Dassault SB 7X–467 original issue dated 16
November 2020, Rev. 1 dated 12 December
2022 or Rev. 2 dated 20 March 2023,’’ this
AD requires replacing those words with
‘‘Dassault Service Bulletin 7X–467, Revision
2, dated March 20, 2023.’’
(i) Credit for Previous Actions
For Model FALCON 7X airplanes: This
paragraph provides credit for the actions
specified in paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Dassault Service
Bulletin 7X–467, dated November 16, 2020,
provided the additional work specified in
Dassault Service Bulletin 7X–467, Revision 2,
dated March 20, 2023, is accomplished
within the applicable compliance time
specified in EASA AD 2023–0207.
(j) 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 manager of the International Validation
Branch, mail it to the address identified in
paragraph (k) 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.
(k) 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.
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Fmt 4702
Sfmt 4702
15967
(l) 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.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0207, dated November 21,
2023.
(ii) Dassault Service Bulletin 7X–467,
Revision 2, dated March 20, 2023.
(3) For EASA AD 2023–0207, 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 EASA AD
on the EASA website at ad.easa.europa.eu.
(4) 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.
(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-locations, or email fr.inspection@
nara.gov.
Issued on February 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–04563 Filed 3–5–24; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, and 270
[EPA–HQ–OLEM–2023–0085; FRL 9247–03–
OLEM]
RIN 2050–AH27
Definition of Hazardous Waste
Applicable to Corrective Action for
Releases From Solid Waste
Management Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending, until March
26, 2024, the comment period for the
proposed rule published in the Federal
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definition of hazardous waste applicable
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from solid waste management units at
RCRA-permitted treatment, storage, and
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conforming amendments, thereby
SUMMARY:
E:\FR\FM\06MRP1.SGM
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Agencies
[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Proposed Rules]
[Pages 15965-15967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04563]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 /
Proposed Rules
[[Page 15965]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0457; Project Identifier MCAI-2023-01207-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-02-10, which applies to certain Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 requires
replacement of certain titanium screws. Since the FAA issued AD 2022-
02-10, affected parts have been found in other areas of certain Falcon
7X airplanes as well as in additional Falcon 7X airplanes. This
proposed AD would continue to require the actions in AD 2022-02-10, add
other locations for screw replacement, and revise the applicability, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 22,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0457; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For the EASA AD identified in this NPRM, 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. It is also
available at regulations.gov under Docket No. FAA-2024-0457.
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.
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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0457; Project Identifier
MCAI-2023-01207-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206-231-3226; email:
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2022-02-10, Amendment 39-21907 (87 FR 7025,
February 8, 2022) (AD 2022-02-10), for certain Dassault Aviation Model
FALCON 7X, FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 was
prompted by MCAI originated by EASA, which is the Technical Agent for
the Member States of the European Union. EASA issued AD 2021-0047,
dated February 16, 2021, to correct an unsafe condition.
AD 2022-02-10 requires replacement of certain titanium screws. The
FAA issued AD 2022-02-10 to address failure of an affected screw
installed in a critical location, possibly resulting in reduced
structural integrity of the airplane. See the MCAI for additional
background information.
Actions Since AD 2022-02-10 Was Issued
Since the FAA issued AD 2022-02-10, EASA superseded EASA AD 2021-
[[Page 15966]]
0047, dated February 16, 2021, and issued EASA AD 2023-0207, dated
November 21, 2023 (also referred to as the MCAI), to correct an unsafe
condition for certain Dassault Aviation Model FALCON 7X, FALCON 900EX,
and FALCON 2000EX airplanes. The MCAI states that since EASA issued AD
2021-0047, it was determined that affected parts have been installed in
production in additional areas of certain Model FALCON 7X airplanes
already included in the applicability of EASA AD 2021-0047.
Additionally, it was determined that additional Model FALCON 7X
airplanes were not included in the applicability of EASA AD 2021-0047.
The FAA is proposing 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-2024-0457.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-02-10, this proposed AD would retain all of the
requirements of AD 2022-02-10. Those requirements are referenced in
EASA AD 2023-0207, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0207 specifies procedures for replacing titanium
screws.
Dassault Service Bulletin 7X-467, Revision 2, dated March 20, 2023,
specifies procedures for additional work.
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.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2022-02-
10. This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0207 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0207 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0207 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0207 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0207. Service information required by EASA AD 2023-0207 for compliance
will be available at regulations.gov under Docket No. FAA-2024-0457
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 44 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-02- Up to 90 work-hours $0 Up to $7,650....... Up to $336,600.
10. x $85 per hour =
$7,650.
New proposed requirements........ Up to 110 work- 0 Up to $9,350....... Up to $411,400.
hours x $85 per
hour = $9,350.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
[[Page 15967]]
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2022-02-10, Amendment 39-21907
(87 FR 7025, February 8, 2022); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2024-0457; Project Identifier
MCAI-2023-01207-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 22, 2024.
(b) Affected ADs
This AD replaces AD 2022-02-10, Amendment 39-21907 (87 FR 7025,
February 8, 2022) (AD 2022-02-10).
(c) Applicability
This AD applies to Dassault Aviation airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2023-0207, dated November 21, 2023 (EASA AD 2023-0207).
(1) Model FALCON 7X airplanes.
(2) Model FALCON 900EX airplanes.
(3) Model FALCON 2000EX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 51, Standard
Practices/Structures.
(e) Unsafe Condition
This AD was prompted by a report of an improper heat treatment
process applied during the manufacturing of certain Decomatic
titanium screws, and by the determination that affected parts in
additional areas on certain airplanes, as well as additional
airplanes, are subject to the unsafe condition. The FAA is issuing
this AD to address failure of an affected screw installed in a
critical location, possibly resulting in reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
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 2023-0207.
(h) Exceptions to EASA AD 2023-0207
(1) Where EASA AD 2023-0207 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0207.
(3) Where Ref Publications specifies ``Dassault SB 7X-467
original issue dated 16 November 2020, Rev. 1 dated 12 December 2022
or Rev. 2 dated 20 March 2023,'' this AD requires replacing those
words with ``Dassault Service Bulletin 7X-467, Revision 2, dated
March 20, 2023.''
(i) Credit for Previous Actions
For Model FALCON 7X airplanes: This paragraph provides credit
for the actions specified in paragraph (g) of this AD, if those
actions were performed before the effective date of this AD using
Dassault Service Bulletin 7X-467, dated November 16, 2020, provided
the additional work specified in Dassault Service Bulletin 7X-467,
Revision 2, dated March 20, 2023, is accomplished within the
applicable compliance time specified in EASA AD 2023-0207.
(j) 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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) 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.
(k) 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].
(l) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0207,
dated November 21, 2023.
(ii) Dassault Service Bulletin 7X-467, Revision 2, dated March
20, 2023.
(3) For EASA AD 2023-0207, 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 EASA
AD on the EASA website at ad.easa.europa.eu.
(4) 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.
(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-locations, or email [email protected].
Issued on February 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-04563 Filed 3-5-24; 8:45 am]
BILLING CODE 4910-13-P