DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0504; Project Identifier MCAI-2022-00531-T;
Amendment 39-22035; AD 2022-09-15]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. This
AD was prompted by brake system failures during landing due to a brake
servo-valve failure resulting from application of an inappropriate oil
type during production and maintenance. This AD requires relocating
affected servo-valves and revising the existing airplane flight manual
(AFM) to provide temporary information necessary to operate airplanes
fitted with at least one affected brake servo-valve, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD also limits or prohibits the installation of
affected brake servo-valves. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective May 31, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31,
2022.
The FAA must receive comments on this AD by June 27, 2022.

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 https://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0504.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0504; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email
Tom.Rodriguez@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0504; Project Identifier MCAI-
2022-00531-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3226; email Tom.Rodriguez@faa.gov. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2022-0068-E, dated April
14, 2022 (EASA Emergency AD 2022-0068-E) (also referred to as the
MCAI), to correct an unsafe condition for all Model
FALCON 2000 and FALCON 2000EX airplanes.
This AD was prompted by brake system failures during landing.
Subsequent investigation determined the root cause to be a brake servo-
valve failure. A batch of brake servo-valves has been identified during
airplane production and maintenance with an internal oil type that does
not meet the manufacturer's cold temperature specifications, which can
lead to their failure. The FAA is issuing this AD to prevent temporary
failure of the brake servo-valves, which could lead to reduced braking
performance during landing including degraded or dissymmetric braking,
possibly resulting in reduced control of the airplane, lateral
excursion of the runway, and consequent damage to the airplane. See the
MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

EASA Emergency AD 2022-0068-E specifies procedures for, among other
actions, relocating affected brake servo-valves between the left-hand
and right-hand brake control systems to ensure that at least one of the
two independent brake systems has no affected parts. EASA Emergency AD
2022-0068-E also specifies revising the existing AFM to provide
temporary information necessary to operate airplanes fitted with at
least one affected brake servo-valve. EASA Emergency AD 2022-0068-E
also limits or prohibits the future installation of affected brake
servo-valves. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

These products have been approved by the aviation authority of
another country and are 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 described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.

Requirements of This AD

This AD requires accomplishing the actions specified in EASA
Emergency AD 2022-0068-E described previously, except for any
differences identified as exceptions in the regulatory text of this AD,
and except as discussed under ``Differences Between this AD and the
MCAI.''
EASA Emergency AD 2022-0068-E requires operators to ``inform all
flight crews'' of revisions to AFM, and thereafter to ``operate the
aeroplane accordingly.'' However, this AD does not specifically require
those actions as they are already required by FAA regulations. FAA
regulations require that operators furnish to pilots any changes to the
AFM (for example, 14 CFR 135.81(c)), and to ensure that pilots are
familiar with the AFM (for example, 14 CFR 91.505(a)). FAA regulations
also require pilots to follow the procedures in the existing AFM
including all updates. 14 CFR 91.9 requires that any person operating a
civil aircraft must comply with the operating limitations specified in
the AFM. Therefore, including a requirement in this AD to operate the
airplane according to the revised AFM would be redundant and
unnecessary.

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,
EASA Emergency AD 2022-0068-E is incorporated by reference in this AD.
This AD requires compliance with EASA Emergency AD 2022-0068-E in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA Emergency AD 2022-0068-E 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 Emergency AD
2022-0068-E. Service information required by EASA Emergency AD 2022-
0068-E for compliance will be available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0504 after this AD is
published.

Difference Between This AD and the MCAI

The MCAI specifies to replace each affected brake servo-valve
within 12 months. The FAA is considering requiring that action, but the
planned compliance time would allow enough time to provide notice and
opportunity for prior public comment on the merits of the replacement.
The FAA considers that this AD is interim action. The FAA may consider
additional rulemaking that would require the replacement of affected
brake servo-valves.

FAA's Justification and Determination of the Effective Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a brake servo-valve failure due to application of an
inappropriate oil could lead to reduced braking performance during
landing including degraded or dissymmetric braking, possibly resulting
in reduced control of the airplane, lateral excursion of the runway,
and consequent damage to the airplane. Given the significance of the
risk presented by this unsafe condition, it must be immediately
addressed. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 441 airplanes of U.S. registry.

The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: