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.
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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:
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