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2024-15-01 DASSAULT AVIATION: Amendment 39-22792; Docket No. FAA-2024-1010; Project Identifier MCAI-2024-00079-T.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective October 15, 2024.

(b) AFFECTED ADS

    This  AD  replaces AD  2023-18-09,  Amendment 39-22550  (88  FR 66683,
    September 28, 2023) (AD 2023-18-09).

(c) APPLICABILITY

    This AD  applies to  Dassault Aviation  Model FALCON  900EX airplanes,
    serial number (S/N)  97 and S/Ns  120 and higher,  certificated in any
    category,  with  an  original  airworthiness  certificate  or original
    export certificate of airworthiness  issued on or before  November 15,
    2023.

(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 among other things,  fatigue cracking and damage  in principal
    structural elements.  The unsafe  condition, if  not addressed,  could
    result in 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
    -18-09, with a new terminating action. For airplanes with an  original
    airworthiness   certificate   or   original   export   certificate  of
    airworthiness  issued  on  or  before  November  15,  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 2023-0047, dated March
    2,  2023  (EASA  AD  2023-0047).  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 2023-0047, WITH NO CHANGES

    This paragraph restates the  exceptions specified in paragraph  (k) of
    AD 2023-18-09, with no changes.

(1) The requirements specified in paragraphs  (1) and (2) of EASA AD 2023-
    0047 do not apply to this AD.

(2) Paragraph (3)  of EASA AD  2023-0047 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 November 2, 2023 (the effective  date
    of AD 2023-18-09).

(3) The initial compliance time for doing the tasks specified in paragraph
    (3)  of  EASA AD  2023-0047  is at  the  applicable "limitations"  and
    "associated  thresholds"  as  incorporated  by  the  requirements   of
    paragraph (3) of EASA AD  2023-0047, or within 90 days  after November
    2, 2023 (the effective date of AD 2023-18-09), whichever occurs later.

(4) The provisions  specified in paragraphs  (4) and (5)  of EASA AD 2023-
    0047 do not apply to this AD.

(5) The "Remarks" section of EASA AD 2023-0047  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-
    18-09, 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 2023-0047.

(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 2024-0034, dated  January 31, 2024 (EASA AD  2024-0034).
    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 2024-0034

(1) This AD  does not adopt  the requirements specified  in paragraphs (1)
    and (2) of EASA AD 2024-0034.

(2) Paragraph (3)  of EASA AD  2024-0034 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  2024-0034  is at  the  applicable "limitations"  and
    "associated  thresholds"  as  incorporated  by  the  requirements   of
    paragraph  (3) of  EASA  AD  2024-0034, 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 2024-0034.

(5) This AD does not adopt the "Remarks" section of EASA AD 2024-0034.

(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 2024-0034.

(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 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 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 tom.rodriguez@faa.gov.

(o) MATERIAL INCORPORATED BY REFERENCE

(1) The  Director of  the Federal  Register approved  the incorporation by
    reference  (IBR) of  the material  listed in  this  paragraph  under 5
    U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this material as applicable to do the actions required by
    this AD, unless this AD specifies otherwise.

(3) The following material was approved for IBR on October 15, 2024.

(i) European  Union  Aviation  Safety  Agency (EASA)  AD  2024-0034, dated
    January 31, 2024.

(ii) [Reserved]

(4) The following material was approved for IBR on November 2, 2023 (88 FR
    66683, September 28, 2023).

(i) EASA AD 2023-0047, dated March 2, 2023.

(ii) [Reserved]

(5) For EASA AD 2024-0034 and AD 2023-0047, contact EASA, Konrad-Adenauer-
    Ufer 3,  50668 Cologne,  Germany;  telephone  +49 221  8999 000; email
    ADs@easa.europa.eu; website  easa.europa.eu. You  may find  these EASA
    ADs on the EASA website at ad.easa.europa.eu.

(6) You may view this material at the FAA, Airworthiness Products Section,
    Operational Safety Branch,  2200 South 216th  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 Admin-
    istration (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  July 16,  2024. James  D. Foltz,  Deputy Director, Compliance &
Airworthiness Division, Aircraft Certification Service.

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.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1010; Project Identifier MCAI-2024-00079-T;
Amendment 39-22792; AD 2024-15-01]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-18-
09, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2023-18-09 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-18-
09, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD continues to require certain actions
in AD 2023-18-09 and requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations; as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 15, 2024.

The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 15, 2024.

The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 2, 2023 (88 FR 66683, September 28, 2023).

ADDRESSES:

AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1010; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference:

For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website easa.europa.eu. You may find
this material on the EASA website ad.easa.europa.eu.

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. It is also available at regulations.gov
under Docket No. FAA-2024-1010.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3226; email tom.rodriguez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-18-09, Amendment 39-22550 (88 FR
66683, September 28, 2023) (AD 2023-18-09). AD 2023-18-09 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. AD 2023-18-09
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2023-18-09 to address among other
things, fatigue cracking and damage in principal structural elements.

The NPRM published in the Federal Register on April 25, 2024 (89 FR
31663). The NPRM was prompted by AD 2024-0034, dated January 31, 2024,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2024-0034) (also referred to as the MCAI).
The MCAI states that new or more restrictive airworthiness limitations
have been developed.

In the NPRM, the FAA proposed to continue to require certain
actions in AD 2023-18-09 and to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2024-0034. The FAA is issuing this AD to address among other things,
fatigue cracking and damage in principal structural elements. The
unsafe condition, if not addressed, could result in reduced structural
integrity of the airplane.

You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1010.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Material Incorporated by Reference Under 1 CFR Part 51

EASA AD 2024-0034 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.

This AD also requires EASA AD 2023-0047, dated March 2, 2023, which
the Director of the Federal Register approved for incorporation by
reference as of November 2, 2023 (88 FR 66683, September 28, 2023).

This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance


The FAA estimates that this AD affects 158 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

The FAA estimates the total cost per operator for the retained
actions from AD 2023-18-09 to be $7,650 (90 work-hours x $85 per work-
hour).

The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.

The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking


Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.

The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings


This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a "significant regulatory action" under Executive
Order 12866,

(2) Will not affect intrastate aviation in Alaska, and

(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39


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

The Amendment


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

PART 39--AIRWORTHINESS DIRECTIVES


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:

a. Removing Airworthiness Directive 2023-18-09, Amendment 39-22550 (88
FR 66683, September 28, 2023); and

b. Adding the following new airworthiness directive: