Airworthiness Directives; Dassault Aviation Airplanes, 30289-30292 [2024-08598]
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Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules
Consignesdenavigabilite.TC@tc.gc.ca. You
may find this Transport Canada AD on the
Transport Canada website at tc.canada.ca/
en/aviation.
(4) 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.
(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 April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–08552 Filed 4–22–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1008; Project
Identifier MCAI–2024–00080–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)
2023–02–13, which applies to certain
Dassault Aviation Model FALCON
900EX airplanes. AD 2023–02–13
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
Since the FAA issued AD 2023–02–13,
the FAA has determined that new or
more restrictive airworthiness
limitations are necessary. This proposed
AD would continue to require certain
actions in AD 2023–02–13 and would
require 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
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
The FAA must receive comments
on this proposed AD by June 7, 2024.
DATES:
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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–2024–1008; 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 material, 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 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. It is also available at
regulations.gov under Docket No. FAA–
2024–1008.
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:
ADDRESSES:
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–2024–1008; Project Identifier
MCAI–2024–00080–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.
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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: tom.rodriguez@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2023–02–13,
Amendment 39–22320 (88 FR 8740,
February 10, 2023) (AD 2023–02–13),
for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2023–
02–13 was prompted by an MCAI
originated by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA issued
AD 2022–0144, dated July 11, 2022
(EASA AD 2022–0144) (which
corresponds to FAA AD 2023–02–13), to
correct an unsafe condition.
AD 2023–02–13 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA issued AD 2023–
02–13 to address reduced structural
integrity of the airplane.
Actions Since AD 2023–02–13 Was
Issued
Since the FAA issued AD 2023–02–
13, EASA superseded AD 2022–0144
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and issued EASA AD 2024–0035, dated
January 31, 2024 (EASA AD 2024–0035)
(referred to after this as the MCAI), for
certain Dassault Aviation Model
FALCON 900EX airplanes. The MCAI
states that new or more restrictive
airworthiness limitations have been
developed.
The FAA is proposing 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–
2024–1008.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2024–
0035, which specifies new or more
restrictive airworthiness limitations for
airplane structures and safe life limits.
This proposed AD would also require
EASA AD 2022–0144, which the
Director of the Federal Register
approved for incorporation by reference
as of March 17, 2023 (88 FR 8740,
February 10, 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 ADDRESSES.
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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 2023–02–13.
This proposed AD would also require
revising the existing maintenance or
inspection program, as applicable, to
incorporate additional new or more
restrictive airworthiness limitations,
which are specified in EASA AD 2024–
0035 already described, as proposed for
incorporation by reference. Any
differences with EASA AD 2024–0035
are identified as exceptions in the
regulatory text of this AD.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
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previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance (AMOC)
according to paragraph (m)(1) 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
retain the IBR of EASA AD 2022–0144
and incorporate EASA AD 2024–0035
by reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0144
and EASA AD 2024–0035 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 2022–0144 or EASA AD
2024–0035 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
2022–0144 or EASA AD 2024–0035.
Service information required by EASA
AD2022–0144 and EASA AD 2024–0035
for compliance will be available at
regulations.gov by searching for and
locating Docket No. FAA–2024–1008
after the FAA final rule is published.
Airworthiness Limitation ADs Using
the New Process
The FAA’s process of incorporating
by reference MCAI ADs as the primary
source of information for compliance
with corresponding FAA ADs has been
limited to certain MCAI ADs (primarily
those with service bulletins as the
primary source of information for
accomplishing the actions required by
the FAA AD). However, the FAA is now
expanding the process to include MCAI
ADs that require a change to
airworthiness limitation documents,
such as airworthiness limitation
sections.
For these ADs that incorporate by
reference an MCAI AD that changes
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airworthiness limitations, the FAA
requirements are unchanged. Operators
must revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
the new airworthiness limitation
document. The airworthiness
limitations must be followed according
to 14 CFR 91.403(c) and 91.409(e).
The previous format of the
airworthiness limitation ADs included a
paragraph that specified that no
alternative actions (e.g., inspections) or
intervals may be used unless the actions
and intervals are approved as an AMOC
in accordance with the procedures
specified in the AMOCs paragraph
under ‘‘Additional AD Provisions.’’ This
new format includes a ‘‘New Provisions
for Alternative Actions and Intervals’’
paragraph that does not specifically
refer to AMOCs, but operators may still
request an AMOC to use an alternative
action or interval.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 88
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2023–02–13 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 proposed actions to
be $7,650 (90 work-hours × $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
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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.
(c) Applicability
Regulatory Findings
(d) Subject
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
(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.
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
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
2023–02–13, Amendment 39–22320 (88
FR 8740, February 10, 2023); and
■ b. Adding the following new
airworthiness directive:
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■
Dassault Aviation: Docket No. FAA–2024–
1008; Project Identifier MCAI–2024–
00080–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 7, 2024.
(b) Affected ADs
This AD replaces AD 2023–02–13,
Amendment 39–22320 (88 FR 8740, February
10, 2023) (AD 2023–02–13).
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This AD applies to Dassault Aviation
Model FALCON 900EX airplanes, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2024–0035, dated January 31, 2024 (EASA
AD 2024–0035).
(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 a
New Terminating Action
This paragraph restates the requirements of
paragraph (j) of AD 2023–02–13, 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 2022–0144, dated July 11, 2022 (EASA
AD 2022–0144). 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 2022–0144,
With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–02–13,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0144 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0144
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 2022–0144 within 90 days after March
17, 2023 (the effective date of AD 2023–02–
13).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2022–0144 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2022–0144, or
within 90 days after March 17, 2023 (the
effective date of AD 2023–02–13), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2022–0144 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0144 does not apply to this AD.
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30291
(i) Retained Restrictions on Alternative
Actions and Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2023–02–13, 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) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2022–0144.
(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 2024–0035.
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 2024–0035
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2024–0035.
(2) Paragraph (3) of EASA AD 2024–0035
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 2024–0035 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2024–0035, 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 2024–0035.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0035.
(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
2024–0035.
(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 manager of the International Validation
Branch, mail it to the address identified in
paragraph (n) of this AD. Information may be
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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.
(n) 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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(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 [DATE 35 DAYS AFTER
PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0035, dated January 31,
2024.
(ii) [Reserved]
(4) The following service information was
approved for IBR on March 17, 2023 (88 FR
8740, February 10, 2023).
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0144, dated July 11, 2022.
(ii) [Reserved]
(5) For EASA AD 2024–0035 and EASA AD
2022–0144, 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 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 Street, 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.
Issued on April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–08598 Filed 4–22–24; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2024–0948; Airspace
Docket No. 24–ASW–9]
RIN 2120–AA66
Amendment of Class E Airspace;
Dallas-Fort Worth, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Class E airspace at DallasFort Worth, TX. The FAA is proposing
this action as the result of an airspace
review conducted due to the
amendment of the instrument
procedures at Bourland Field, Fort
Worth, TX—contained within the
Dallas-Fort Worth, TX, Class E airspace
legal description. This action will bring
the airspace into compliance with FAA
orders to support instrument flight rule
(IFR) procedures.
DATES: Comments must be received on
or before June 7, 2024.
ADDRESSES: Send comments identified
by FAA Docket No. FAA–2024–0948
and Airspace Docket No. 24–ASW–9
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instruction for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
SUMMARY:
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online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend the Class E airspace extending
upward from 700 feet above the surface
at Bourland Field, Fort Worth, TX—
contained within the Dallas-Fort Worth,
TX, airspace legal description—to
support IFR operations at these airports.
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. Comments are specifically
invited on the overall regulatory,
aeronautical, economic, environmental,
and energy-related aspects of the
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
time if comments are filed
electronically, or commenters should
send only one copy of written
comments if comments are filed in
writing.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it received on or before
the closing date for comments. The FAA
E:\FR\FM\23APP1.SGM
23APP1
]]>Agencies
[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30289-30292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08598]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1008; Project Identifier MCAI-2024-00080-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2023-02-13, which applies to certain Dassault Aviation Model FALCON
900EX airplanes. AD 2023-02-13 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2023-02-13, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require certain actions in AD 2023-02-13 and would require
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 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 June 7,
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-2024-1008; 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 material, 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 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. It is also available at
regulations.gov under Docket No. FAA-2024-1008.
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-2024-1008; Project Identifier
MCAI-2024-00080-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 that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued AD 2023-02-13, Amendment 39-22320 (88 FR 8740,
February 10, 2023) (AD 2023-02-13), for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2023-02-13 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2022-0144, dated July 11, 2022
(EASA AD 2022-0144) (which corresponds to FAA AD 2023-02-13), to
correct an unsafe condition.
AD 2023-02-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2023-02-13 to
address reduced structural integrity of the airplane.
Actions Since AD 2023-02-13 Was Issued
Since the FAA issued AD 2023-02-13, EASA superseded AD 2022-0144
[[Page 30290]]
and issued EASA AD 2024-0035, dated January 31, 2024 (EASA AD 2024-
0035) (referred to after this as the MCAI), for certain Dassault
Aviation Model FALCON 900EX airplanes. The MCAI states that new or more
restrictive airworthiness limitations have been developed.
The FAA is proposing 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-2024-1008.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0035, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits.
This proposed AD would also require EASA AD 2022-0144, which the
Director of the Federal Register approved for incorporation by
reference as of March 17, 2023 (88 FR 8740, February 10, 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 ADDRESSES.
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 2023-02-
13. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which are
specified in EASA AD 2024-0035 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2024-0035 are
identified as exceptions in the regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (m)(1) 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 retain the IBR of EASA AD 2022-0144 and incorporate
EASA AD 2024-0035 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2022-0144 and EASA AD
2024-0035 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 2022-0144 or EASA AD 2024-0035 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 2022-
0144 or EASA AD 2024-0035. Service information required by EASA AD2022-
0144 and EASA AD 2024-0035 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2024-1008
after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 88 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2023-02-13 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 proposed
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
[[Page 30291]]
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
(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 2023-02-13, Amendment 39-22320 (88
FR 8740, February 10, 2023); and
0
b. Adding the following new airworthiness directive:
Dassault Aviation: Docket No. FAA-2024-1008; Project Identifier
MCAI-2024-00080-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 7, 2024.
(b) Affected ADs
This AD replaces AD 2023-02-13, Amendment 39-22320 (88 FR 8740,
February 10, 2023) (AD 2023-02-13).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2024-0035, dated January 31,
2024 (EASA AD 2024-0035).
(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 a New Terminating Action
This paragraph restates the requirements of paragraph (j) of AD
2023-02-13, 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 2022-
0144, dated July 11, 2022 (EASA AD 2022-0144). 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 2022-0144, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-02-13, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0144 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0144 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 2022-0144 within 90 days after March 17, 2023 (the effective
date of AD 2023-02-13).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0144 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2022-0144, or
within 90 days after March 17, 2023 (the effective date of AD 2023-
02-13), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0144 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0144 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 (l) of AD
2023-02-13, 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) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0144.
(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 2024-0035. 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 2024-0035
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2024-0035.
(2) Paragraph (3) of EASA AD 2024-0035 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 2024-0035 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2024-0035, 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 2024-0035.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0035.
(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 2024-0035.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (n) of this AD. Information may be
[[Page 30292]]
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, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2024-0035,
dated January 31, 2024.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 17, 2023 (88 FR 8740, February 10, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2022-0144,
dated July 11, 2022.
(ii) [Reserved]
(5) For EASA AD 2024-0035 and EASA AD 2022-0144, 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
Street, 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 April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-08598 Filed 4-22-24; 8:45 am]
BILLING CODE 4910-13-P
