Airworthiness Directives; Dassault Aviation Airplanes, 41361-41365 [2024-09511]
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Proposed Rules
§ 208.31 Reasonable fear of persecution or
torture determinations involving aliens
ordered removed under section 238(b) of
the Act and aliens whose removal is
reinstated under section 241(a)(5) of the
Act.
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(c) Interview and procedure. The
asylum officer shall conduct the
interview in a non-adversarial manner,
separate and apart from the general
public. At the time of the interview, the
asylum officer shall determine that the
alien has an understanding of the
reasonable fear determination process.
The alien may be represented by
counsel or an accredited representative
at the interview, at no expense to the
Government, and may present evidence,
if available, relevant to the possibility of
persecution or torture. The alien’s
representative may present a statement
at the end of the interview. The asylum
officer, in his or her discretion, may
place reasonable limits on the number
of persons who may be present at the
interview and the length of the
statement. If the alien is unable to
proceed effectively in English, and if the
asylum officer is unable to proceed
competently in a language chosen by the
alien, the asylum officer shall arrange
for the assistance of an interpreter in
conducting the interview. The
interpreter may not be a representative
or employee of the applicant’s country
or nationality, or if the applicant is
stateless, the applicant’s country of last
habitual residence. The asylum officer
shall create a summary of the material
facts as stated by the applicant. At the
conclusion of the interview, the officer
shall review the summary with the alien
and provide the alien with an
opportunity to correct errors therein.
The asylum officer shall create a written
record of his or her determination,
including a summary of the material
facts as stated by the applicant, any
additional facts relied on by the officers,
and the officer’s determination of
whether, in light of such facts, the alien
has established a reasonable fear of
persecution or torture. The alien shall
be determined to have a reasonable fear
of persecution if the alien establishes a
reasonable possibility that he or she
would be persecuted on account of his
or her race, religion, nationality,
membership in a particular social group
or political opinion, unless the alien
appears to be subject to one or more of
the mandatory bars to being granted
withholding of removal under the Act
contained in section 241(b)(3)(B) of the
Act and the alien fails to show that there
is a reasonable possibility that no
mandatory bar applies, if the asylum
officer considers such bars. The alien
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shall be determined to have a reasonable
fear of persecution or torture if the alien
establishes a reasonable possibility that
he or she would be tortured in the
country of removal.
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(g) Review by immigration judge. The
asylum officer’s negative decision
regarding reasonable fear shall be
subject to review by an immigration
judge upon the alien’s request. If the
alien requests such review, the asylum
officer shall serve him or her with a
Notice of Referral to Immigration Judge.
The record of determination, including
copies of the Notice of Referral to
Immigration Judge, the asylum officer’s
notes, the summary of the material facts,
and other materials upon which the
determination was based shall be
provided to the immigration judge with
the negative determination. The
immigration judge’s review shall
proceed under the procedures set forth
in 8 CFR 1208.31(g).
4. Amend § 208.33 by revising
paragraphs (b)(2)(i) through (iii) to read
as follows:
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41361
country or countries of removal, the
Department will issue a Form I–862,
Notice to Appear.
(iii) In cases described in paragraph
(b)(2)(i) of this section, if an alien fails
to establish a reasonable possibility of
persecution with respect to the
identified country or countries of
removal or, to the extent bars are
considered, fails to establish that there
is a reasonable possibility that no
mandatory bar applies, and fails to
establish a reasonable possibility of
torture with respect to the identified
country or countries of removal, the
asylum officer will provide the alien
with a written notice of decision and
inquire whether the alien wishes to
have an immigration judge review the
negative credible fear determinations.
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Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2024–10390 Filed 5–9–24; 4:15 pm]
BILLING CODE 9111–97–P
§ 208.33 Lawful pathways condition on
asylum eligibility.
DEPARTMENT OF TRANSPORTATION
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Federal Aviation Administration
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(b) * * *
(2) * * *
(i) In cases in which the asylum
officer enters a negative credible fear
determination under paragraph (b)(1)(i)
of this section, the asylum officer will
assess whether the alien has established
a reasonable possibility of persecution
(meaning a reasonable possibility of
being persecuted because of their race,
religion, nationality, membership in a
particular social group, or political
opinion) or torture, with respect to the
identified country or countries of
removal identified pursuant to section
241(b) of the Act. As part of this
reasonable possibility determination, if
there is evidence that the alien is subject
to one or more of the mandatory bars to
being granted withholding of removal
under the Act contained in section
241(b)(3)(B) of the Act, the asylum
officer may consider the applicability of
such bar(s).
(ii) In cases described in paragraph
(b)(2)(i) of this section, if the alien
establishes a reasonable possibility of
persecution with respect to the
identified country or countries of
removal and, to the extent bars are
considered, that there is a reasonable
possibility that no mandatory bar
applies, the Department will issue a
Form I–862, Notice to Appear. If the
alien establishes a reasonable possibility
of torture with respect to the identified
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14 CFR Part 39
[Docket No. FAA–2024–1290; Project
Identifier MCAI–2024–00078–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)
2023–22–13, which applies to certain
Dassault Aviation Model FALCON 7X
airplanes. AD 2023–22–13 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2023–22–13, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
continue to require certain actions in
AD 2023–22–13 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
SUMMARY:
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Proposed Rules
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 27, 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–2024–1290; 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 that is proposed for
IBR in this NPRM, 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 at regulations.gov
under Docket No. FAA–2024–1290.
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.
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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–2024–1290; Project Identifier
MCAI–2024–00078–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
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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: 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 2023–22–13,
Amendment 39–22597 (88 FR 82246,
November 24, 2023) (AD 2023–22–13),
for certain Dassault Aviation Model
FALCON 7X airplanes. AD 2023–22–13
was prompted by an MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued AD 2023–0063,
dated March 20, 2023 (EASA AD 2023–
0063) (which corresponds to FAA AD
2023–22–13), to correct an unsafe
condition.
AD 2023–22–13 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA issued AD 2023–
22–13 to address reduced structural
integrity and reduced control of the
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airplane due to the failure of system
components. AD 2023–22–13 specifies
that accomplishing the revision required
by that AD terminates certain
requirements of AD AD 2014–16–23,
Amendment 39–17947 (79 FR 52545,
September 4, 2014) (AD 2014–16–23).
This proposed AD would therefore
continue to allow that terminating
action.
Actions Since AD 2023–22–13 Was
Issued
Since the FAA issued AD 2023–22–
13, EASA superseded AD 2023–0063
and issued EASA AD 2024–0033, dated
January 31, 2024 (EASA AD 2024–0033)
(referred to after this as the MCAI), for
all Dassault Aviation Model FALCON
7X airplanes. The MCAI states that new
or more restrictive airworthiness
limitations have been developed.
Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after September 7, 2022, must
comply with the airworthiness
limitations specified as part of the
approved type design and referenced on
the type certificate data sheet; this
proposed AD therefore does not include
those airplanes in the applicability.
The FAA is proposing this AD to
address reduced structural integrity and
reduced control of the airplane due to
the failure of system components. You
may examine the MCAI in the AD
docket at regulations.gov under Docket
No. FAA–2024–1290.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2024–
0033. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This proposed AD would also require
EASA AD 2023–0063, which the
Director of the Federal Register
approved for incorporation by reference
as of December 29, 2023 (88 FR 82246,
November 24, 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
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Proposed Rules
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
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Proposed AD Requirements in This
NPRM
This proposed AD would retain
certain requirements of AD 2023–22–13.
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–
0033 already described, as proposed for
incorporation by reference. Any
differences with EASA AD 2024–0033
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) and Critical
Design Configuration Control
Limitations (CDCCLs). Compliance with
these actions and CDCCLs 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 (n)(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 2023–0063
and incorporate EASA AD 2024–0033
by reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2024–0033
and EASA AD 2023–0063 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 2024–0033 or EASA AD
2023–0063 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
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the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in EASA AD
2024–0033 or EASA AD 2023–0063.
Service information required by EASA
AD 2024–0033 and EASA AD 2023–
0063 for compliance will be available at
regulations.gov by searching for and
locating Docket No. FAA–2024–1290
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),
intervals, or CDCCLs may be used
unless the actions, intervals, and
CDCCLs 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, Intervals, and
CDCCLs’’ paragraph that does not
specifically refer to AMOCs, but
operators may still request an AMOC to
use an alternative action, interval, or
CDCCL.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 134
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 2023–22–13 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
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41363
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
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,
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Proposed Rules
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) 2023–22–13, Amendment 39–
22597 (88 FR 82246, November 24,
2023); and
■ b. Adding the following new AD:
■
■
Dassault Aviation: Docket No. FAA–2024–
1290; Project Identifier MCAI–2024–
00078–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 27,
2024.
(b) Affected ADs
(1) This AD replaces AD 2023–22–13,
Amendment 39–22597 (88 FR 82246,
November 24, 2023) (AD 2023–22–13).
(2) This AD affects AD 2014–16–23,
Amendment 39–17947 (79 FR 52545,
September 4, 2014) (AD 2014–16–23)
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 7X airplanes, certificated in
any category, with an original airworthiness
certificate or original export certificate of
airworthiness issued on or before September
7, 2023.
Note 1 to paragraph (c): Model FALCON
7X airplanes with modification M1000
incorporated are commonly referred to as
‘‘Model FALCON 8X’’ airplanes as a
marketing designation.
(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 and reduced control of the airplane
due to the failure of system components.
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(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 2023–22–13, with a new
terminating action. For airplanes with an
original airworthiness certificate or original
export certificate of airworthiness issued on
or before September 7, 2022, except as
specified in paragraph (h) of this AD: Comply
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with all required actions and compliance
times specified in, and in accordance with,
European Union Aviation Safety Agency
(EASA) AD 2023–0063, dated March 20, 2023
(EASA AD 2023–0063). 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 2023–
0063, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–22–13,
with no changes.
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0063.
(2) Paragraph (3) of EASA AD 2023–0063
specifies revising ‘‘the approved AMP
[aircraft maintenance program]’’ within 12
months after its effective date, but this AD
requires revising the existing maintenance or
inspection program, as applicable, within 90
days after December 29, 2023 (the effective
date of AD 2023–22–13).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0063 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0063, or
within 90 days after December 29, 2023 (the
effective date of AD 2023–22–13), whichever
occurs later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0063.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0063.
(i) Retained Restrictions on Alternative
Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs),
With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2023–22–13, 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),
intervals, or CDCCLs are allowed unless they
are approved as specified in the provisions
of the ‘‘Ref. Publications’’ section of EASA
AD 2023–0063.
(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 2024–0033,
dated January 31, 2024 (EASA AD 2024–
0033). 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 2024–0033
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2024–0033.
(2) Paragraph (3) of EASA AD 2024–0033
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
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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 2024–0033 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2024–0033, 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 2024–0033.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0033.
(l) New Provisions for Alternative Actions,
Intervals, and CDCCLs
After the existing maintenance or
inspection program has been revised as
required by paragraph (j) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed unless
they are approved as specified in the
provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2024–0033.
(m) Terminating Action for Certain
Requirements in AD 2014–16–23
Accomplishing the actions required by
paragraphs (g) or (j) of this AD terminates the
requirements of paragraph (q) of AD 2014–
16–23.
(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
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
E:\FR\FM\13MYP1.SGM
13MYP1
Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Proposed Rules
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 2024–0033, dated January 31,
2024.
(ii) [Reserved]
(4) The following service information was
approved for IBR on December 29, 2023 (88
FR 82246, November 24, 2023).
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0063, dated March 20,
2023.
(ii) [Reserved]
(5) For EASA ADs 2024–0033 and 2023–
0063, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find these
EASA ADs on the EASA website at
ad.easa.europa.eu.
(6) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(7) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locationsoremailfr.inspection@nara.gov.
Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–09511 Filed 5–10–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1294; Project
Identifier MCAI–2024–00042–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–16–06, which applies to certain
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, and A330–900
series airplanes; and all Model A340–
200 and A340–300 series airplanes. AD
2022–16–06 requires modifying the
Trimmable Horizontal Stabilizer
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
21:32 May 10, 2024
Jkt 262001
Actuator (THSA) installation,
implementing the electrical load sensing
device (ELSD) wiring provisions, and
installing and activating the ELSD.
Since the FAA issued AD 2022–16–06,
it has been determined that the required
actions cannot be accomplished on
certain airplanes, and additional
instructions and corrections have been
developed. This proposed AD would
continue to require the actions in AD
2022–16–06 with certain revised
procedures and would require
additional work for certain airplanes, 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.
The FAA must receive comments
on this proposed AD by June 27, 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–2024–1294; 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–
2024–1294.
• 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.
DATES:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
41365
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 206–231–3229; email
Vladimir.Ulyanov@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–2024–1294; Project Identifier
MCAI–2024–00042–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 Vladimir Ulyanov,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 206–231–3229;
email Vladimir.Ulyanov@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.
E:\FR\FM\13MYP1.SGM
13MYP1
Agencies
[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Proposed Rules]
[Pages 41361-41365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09511]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1290; Project Identifier MCAI-2024-00078-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)
2023-22-13, which applies to certain Dassault Aviation Model FALCON 7X
airplanes. AD 2023-22-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-22-
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 2023-22-13 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
[[Page 41362]]
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 27,
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-2024-1290; 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 that is proposed for IBR 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.
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 at regulations.gov under
Docket No. FAA-2024-1290.
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-2024-1290; Project Identifier
MCAI-2024-00078-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 2023-22-13, Amendment 39-22597 (88 FR 82246,
November 24, 2023) (AD 2023-22-13), for certain Dassault Aviation Model
FALCON 7X airplanes. AD 2023-22-13 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2023-0063, dated March 20, 2023 (EASA AD
2023-0063) (which corresponds to FAA AD 2023-22-13), to correct an
unsafe condition.
AD 2023-22-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2023-22-13 to
address reduced structural integrity and reduced control of the
airplane due to the failure of system components. AD 2023-22-13
specifies that accomplishing the revision required by that AD
terminates certain requirements of AD AD 2014-16-23, Amendment 39-17947
(79 FR 52545, September 4, 2014) (AD 2014-16-23). This proposed AD
would therefore continue to allow that terminating action.
Actions Since AD 2023-22-13 Was Issued
Since the FAA issued AD 2023-22-13, EASA superseded AD 2023-0063
and issued EASA AD 2024-0033, dated January 31, 2024 (EASA AD 2024-
0033) (referred to after this as the MCAI), for all Dassault Aviation
Model FALCON 7X airplanes. The MCAI states that new or more restrictive
airworthiness limitations have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after September 7, 2022,
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
The FAA is proposing this AD to address reduced structural
integrity and reduced control of the airplane due to the failure of
system components. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2024-1290.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0033. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This proposed AD would also require EASA AD 2023-0063, which the
Director of the Federal Register approved for incorporation by
reference as of December 29, 2023 (88 FR 82246, November 24, 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
[[Page 41363]]
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 2023-22-
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 2024-0033 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2024-0033 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) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs 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 (n)(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 2023-0063 and incorporate
EASA AD 2024-0033 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2024-0033 and EASA AD
2023-0063 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 2024-0033 or EASA AD 2023-0063 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 2024-
0033 or EASA AD 2023-0063. Service information required by EASA AD
2024-0033 and EASA AD 2023-0063 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2024-1290
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), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs 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, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action, interval, or CDCCL.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 134 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 2023-22-13 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 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,
[[Page 41364]]
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) 2023-22-13, Amendment 39-22597
(88 FR 82246, November 24, 2023); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2024-1290; Project Identifier
MCAI-2024-00078-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 27, 2024.
(b) Affected ADs
(1) This AD replaces AD 2023-22-13, Amendment 39-22597 (88 FR
82246, November 24, 2023) (AD 2023-22-13).
(2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR
52545, September 4, 2014) (AD 2014-16-23)
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before September 7, 2023.
Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.
(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 and reduced
control of the airplane due to the failure of system components.
(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
2023-22-13, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before September 7, 2022, 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 2023-0063, dated
March 20, 2023 (EASA AD 2023-0063). 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 2023-0063, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-22-13, with no changes.
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0063.
(2) Paragraph (3) of EASA AD 2023-0063 specifies revising ``the
approved AMP [aircraft maintenance program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after December 29, 2023 (the effective date of AD 2023-22-13).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0063 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0063, or within 90
days after December 29, 2023 (the effective date of AD 2023-22-13),
whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0063.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0063.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-22-13, 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), intervals, or CDCCLs are allowed unless
they are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0063.
(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 2024-0033, dated January 31, 2024 (EASA AD
2024-0033). 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 2024-0033
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2024-0033.
(2) Paragraph (3) of EASA AD 2024-0033 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 2024-0033 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2024-0033, 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 2024-0033.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0033.
(l) New Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2024-0033.
(m) Terminating Action for Certain Requirements in AD 2014-16-23
Accomplishing the actions required by paragraphs (g) or (j) of
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.
(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
[[Page 41365]]
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 2024-0033,
dated January 31, 2024.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 29, 2023 (88 FR 82246, November 24, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2023-0063,
dated March 20, 2023.
(ii) [Reserved]
(5) For EASA ADs 2024-0033 and 2023-0063, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
(6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09511 Filed 5-10-24; 8:45 am]
BILLING CODE 4910-13-P