DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1411; Project Identifier MCAI-2022-00912-T;
Amendment 39-22320; AD 2023-02-13]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
19, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2020-21-19 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
the actions in AD 2020-21-19, and also requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional 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 March 17, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 7, 2020 (85 FR 69142, November 2, 2020).
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1411; 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 material incorporated by reference 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 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 in the AD docket at
regulations.gov under Docket No. FAA-2022-1411.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-19, Amendment 39-21292 (85 FR
69142, November 2, 2020) (AD 2020-21-19). AD 2020-21-19 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. AD 2020-21-19
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2020-21-19 to address reduced structural
integrity of the airplane. AD 2020-21-19 specifies that accomplishing
the actions required by paragraph (g) or (i) of that AD terminates the
requirements of paragraph (g)(1) of AD 2010-26-05, Amendment 39-16544
(75 FR 79952, December 21, 2010) for Dassault Aviation Model FALCON
900EX airplanes, serial numbers 1 through 96 inclusive, and serial
numbers 98 through 119 inclusive. This AD therefore continues to allow
that terminating action.
The NPRM published in the Federal Register on November 10, 2022 (87
FR 67849). The NPRM was prompted by AD 2022-0144, dated July 11, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0144) (referred to after this as the
MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1411.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-21-19 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
The FAA is issuing this AD to address reduced structural integrity
of the airplane.
Discussion of Final Airworthiness Directive
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
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
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0144 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2020-0116, dated May 20, 2020, which
the Director of the Federal Register approved for incorporation by
reference as of December 7, 2020 (85 FR 69142, November 2, 2020).
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 88 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 2020-21-19 to be $7,650 (90 work-hours x $85 per work-
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
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.
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
(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
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 2020-21-19, Amendment 39-21292 (85
FR 69142, November 2, 2020); and
b. Adding the following new airworthiness directive: