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2023-02-13 DASSAULT AVIATION: Amendment 39-22320; Docket No. FAA-2022-1411; Project Identifier MCAI-2022-00912-T.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective March 17, 2023.

(b) AFFECTED ADS

(1) This AD replaces AD 2020-21-19,  Amendment 39-21292  (85 FR 69142, No-
    vember 2, 2020) (AD 2020-21-19).

(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, Decem-
    ber 21, 2010) (AD 2010-26-05).

(c) APPLICABILITY

    This AD  applies  to  Dassault Aviation  Model FALCON 900EX airplanes,
    certificated in any category, as identified in European Union Aviation
    Safety Agency (EASA) AD 2022-0144,  dated July 11, 2022 (EASA AD 2022-
    0144).

(d) SUBJECT

    Air Transport Association (ATA) of America Code 05,  Time Limits/Main-
    tenance 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 of the airplane.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) RETAINED REVISION OF THE EXISTING MAINTENANCE  OR  INSPECTION PROGRAM,
    WITH A NEW TERMINATING ACTION

    This paragraph restates the requirements  of paragraph (i) of AD 2020-
    21-19, with a new terminating action. Except as specified in paragraph
    (h) of this AD: Comply with all required actions and compliance  times
    specified in, and in accordance with, EASA AD 2020-0116, dated May 20,
    2020 (EASA AD 2020-0116).  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 2020-0116, WITH NO CHANGES

    This paragraph  restates the exceptions  specified in paragraph (j) of
    AD 2020-21-10, with no changes.

(1) The requirements specified in paragraphs (1) and (2)  of EASA AD 2020-
    0116 do not apply to this AD.

(2) Paragraph (3) of EASA AD 2020-0116  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,
    to incorporate the "limitations,  tasks  and associated thresholds and
    intervals" specified in paragraph (3)  of EASA AD 2020-0116  within 90
    days after December 7, 2020 (the effective date of AD 2020-21-19).

(3) The initial compliance time for doing the tasks specified in paragraph
    (3) of EASA AD 2020-0116 is at the applicable  "associated thresholds"
    specified in paragraph (3) of EASA AD 2020-0116, or within 90 days af-
    ter December 7, 2020 (the effective date of AD 2020-21-19),  whichever
    occurs later.

(4) The provisions  specified  in  paragraphs (4) and (5) of EASA AD 2020-
    0116 do not apply to this AD.

(5) The "Remarks" section of EASA AD 2020-0116 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 (k)  of AD 2020-
    21-19, 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 2020-0116.

(j) NEW REVISION OF THE EXISTING MAINTENANCE OR INSPECTION PROGRAM

    Except as specified in paragraph (k)  of this AD:  Comply with all re-
    quired actions and  compliance times specified  in, and in  accordance
    with, EASA AD  2022-0144. 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 2022-0144

(1) The requirements  specified in paragraphs (1) and (2) of EASA AD 2022-
    0144 do not apply to this AD.

(2) Paragraph (3) of EASA AD 2022-0144  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 2022-0144 is at the applicable "associated  thresholds"
    as incorporated by the requirements  of paragraph (3) of EASA  AD 2022
    -0144,  or  within  90  days after  the  effective  date  of this  AD,
    whichever occurs later.

(4) The provisions  specified  in paragraphs (4) and (5)  of EASA AD 2022-
    0144 do not apply to this AD.

(5) The "Remarks" section of EASA AD 2022-0144 does not apply to this AD.

(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 2022-0144.

(m) TERMINATING ACTION FOR CERTAIN ACTIONS IN AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of this  AD
    terminates the requirements of paragraph (g)(1) of AD 2010-26-05,  for
    Dassault  Aviation  Model  FALCON 900EX  airplanes,  serial  numbers 1
    through  96 inclusive,  and serial  numbers 98  through 119  inclusive
    only.

(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 in-
    spector, or lacking a principal inspector,  the manager of the respon-
    sible 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,  Aerospace
    Engineer, Large Aircraft Section, International Validation Branch, FAA
    2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3226; e-
    mail 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 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 March 17,
    2023.

(i) European Union Aviation Safety Agency (EASA) AD 2022-0144,  dated July
    11, 2022.

(ii) [Reserved]

(4) The following service information was approved  for IBR on December 7,
    2020 (85 FR 69142, November 2, 2020).

(i) European Union Aviation Safety Agency (EASA) AD 2020-0116,  dated  May
    20, 2020.

(ii) [Reserved]

(5) For EASA ADs 2022-0144 and 2020-0116,  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 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  that is incorporated  by reference  at the
    National Archives and Records Administration (NARA).  For  information
    on the availability of this material at NARA, email fr.inspection@nara
    .gov,  or go to:  www.archives.gov/federal-register/cfr/ibr-locations.
    html.

Issued on January 25, 2023.  Christina Underwood, Acting Director, Compli-
ance & Airworthiness Division, Aircraft Certification Service.

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 tom.rodriguez@faa
.gov.
PREAMBLE 

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]
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) 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,
2023.
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).

ADDRESSES:
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
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 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
2022-0144.
The FAA is issuing this AD to address reduced structural integrity
of the airplane.

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.

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-
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 2020-21-19, Amendment 39-21292 (85
FR 69142, November 2, 2020); and

b. Adding the following new airworthiness directive: