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PROPOSED AD DASSAULT AVIATION: Docket No. FAA-2023-1705; Project Identifier MCAI-2023-00480-T.
(a) COMMENTS DUE DATE

    The FAA must receive comments on this airworthiness directive  (AD) by
    September 25, 2023.

(b) AFFECTED ADS

    This AD replaces AD 2020-02-13, Amendment 39-19827 (85 FR 6744, Febru-
    ary 6, 2020) (AD 2020-02-13).

(c) APPLICABILITY

    This AD  applies to  Dassault Aviation  Model FAN  JET FALCON, FAN JET
    FALCON  SERIES  C, D,  E,  F, and  G  airplanes, certificated  in  any
    category,  as  identified  in European  Union  Aviation  Safety Agency
    (EASA) AD 2023-0059, dated March 16, 2023 (EASA AD 2023-0059).

(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, 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 al-
    ready done.

(g) RETAINED REVISION OF THE EXISTING MAINTENANCE  OR  INSPECTION PROGRAM,
    WITH NO CHANGES

    This paragraph restates the requirements of paragraph (i)  of AD 2020-
    02-13,  with no  changes. Within  90 days  after March  12, 2020  (the
    effective date of AD  2020-02-13), revise the existing  maintenance or
    inspection  program,  as applicable,  to  incorporate the  information
    specified in Chapter 5-40-01, Airworthiness Limitations, Revision  10,
    dated January 1, 2019, of the Dassault Aviation Falcon 20  Maintenance
    Manual. The initial compliance time for doing the tasks is at the time
    specified in Chapter 5-40-01, Airworthiness Limitations,  Revision 10,
    dated January 1, 2019, of the Dassault Aviation Falcon 20  Maintenance
    Manual, or within 90 days after March 12, 2020 (the effective date  of
    AD 2020-02-13), whichever occurs later. Where the threshold column  in
    the table in paragraph B, Mandatory Maintenance Operations, of Chapter
    5-40-01,  Airworthiness  Limitations,  Revision  10,  dated January 1,
    2019, of the Dassault Aviation Falcon 20 Maintenance Manual  specifies
    a compliance time in years, those compliance times start from the date
    of  issuance  of the  original  airworthiness certificate  or  date of
    issuance of the original export certificate of airworthiness.

(h) RETAINED RESTRICTIONS  ON ALTERNATIVE ACTIONS  AND  INTERVALS  WITH NO
    CHANGE

    This paragraph restates the requirements of paragraph (j)  of AD 2020-
    02-13, with no  changes. Except as  required by paragraph  (i) of this
    AD,  after the  existing maintenance  or inspection  program has  been
    revised  as  required by  paragraph  (g) of  this  AD, no  alternative
    actions  (e.g.,  inspections)  or intervals  may  be  used unless  the
    actions or intervals  are approved as  an AMOC in  accordance with the
    procedures specified in paragraph (l)(1) of this AD.

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

    Except as specified in paragraph (j)  of this AD:  Comply with all re-
    quired actions and  compliance times specified  in, and in  accordance
    with, EASA AD  2023-0059. Accomplishing the  revision of the  existing
    maintenance  or   inspection  program   required  by   this  paragraph
    terminates the requirements of paragraph (g) of this AD.

(j) EXCEPTIONS TO EASA AD 2023-0059

(1) This AD does not adopt  the  requirements  specified in paragraphs (1)
    and (2) of EASA AD 2023-0059.

(2) Paragraph (3) of EASA AD 2023-0059  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 2023-0059 is at the applicable "limitations" and "asso-
    ciated thresholds"  as incorporated  by the requirements  of paragraph
    (3) of EASA AD 2023-0059,  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 2023-0059.

(5) This AD does not adopt the "Remarks" section of EASA AD 2023-0059.

(k) NEW PROVISIONS FOR ALTERNATIVE ACTIONS AND INTERVALS

    After the existing maintenance  or inspection program has been revised
    as required by paragraph (i) 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 2023-0059.

(l) 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 (m) of this AD.
    Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov.

(i) 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  accom-
    plished  using  a  method  approved  by  the  Manager,   International
    Validation Branch, FAA;  or EASA; or  Dassault Aviationís EASA  Design
    Organization Approval (DOA). If approved by the DOA, the approval must
    include the DOA-authorized signature.

(m) ADDITIONAL INFORMATION

    For more information about this AD,  contact  Tom Rodriguez,  Aviation
    Safety Engineer,  FAA,  1600 Stewart Avenue,  Suite 410,  Westbury, NY
    11590; phone: 206-231-3226; email: tom.rodriguez@faa.gov.

(n) 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.

(i) European Union Aviation Safety Agency (EASA) AD 2023-0059, dated March
    16, 2023.

(ii) [Reserved]

(3) The following service information  was  approved  for IBR on March 12,
    2020 (85 FR 6744, February 6, 2020).

(i) Chapter  5-40-01,  Airworthiness Limitations,  Revision 10,  effective
    January 1, 2019 of the Dassault Aviation Falcon 20 Maintenance Manual.

(ii) [Reserved]

(4) For EASA AD 2023-0059,  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 EASA AD on the EASA website
    at ad.easa.europa.eu.

(5) For Dassault  service  information  identified  in  this  AD,  contact
    Dassault Falcon Jet Corporation, Teterboro Airport, PO Box 2000, South
    Hackensack, NJ 07606;  telephone 201-440-6700; website dassaultfalcon.
    com.

(6) You may view this service information at the FAA,  Airworthiness Prod-
    ucts 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 service information  that is incorporated by refer-
    ence 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 August 1, 2023.  Victor Wicklund,  Deputy Director, Compliance &
Airworthiness Division, Aircraft Certification Service.

DATES: The FAA must receive comments  on this proposed AD by September 25,
2023.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1705; Project Identifier MCAI-2023-00480-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-02-13, which applies to certain Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2020-02-
13 requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2020-02-13, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would continue to require certain actions in AD 2020-
02-13 and would require 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 proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
25, 2023.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1705; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material that is proposed for IBR in this NPRM,
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. It is
also available at regulations.gov under Docket No. FAA-2023-1705.
For Dassault service information identified in this NPRM,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone 201-440-6700; website
dassaultfalcon.com.
You may view this service information 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.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1705; Project Identifier
MCAI-2023-00480-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 206-231-3226; email:
tom.rodriguez@faa.gov. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

The FAA issued AD 2020-02-13, Amendment 39-19827 (85 FR 6744,
February 6, 2020) (AD 2020-02-13), for certain Dassault Aviation Model
FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD
2020-02-13 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2019-0142, dated June 17, 2019 (EASA AD 2019-0142) (which
corresponds to FAA AD 2020-02-13), to correct an unsafe condition.
AD 2020-02-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new maintenance
requirements and airworthiness limitations. The FAA issued AD 2020-02-
13 to address, among other things, fatigue cracking and damage in
principal structural elements; such fatigue cracking and damage could
result in reduced structural integrity of the airplane.

Actions Since AD 2020-02-13 Was Issued

Since the FAA issued AD 2020-02-13, EASA superseded AD 2019-0142
and issued EASA AD 2023-0059, dated March 16, 2023 (EASA AD 2023-0059)
(referred to after this as the MCAI), for certain Dassault Aviation
Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G
airplanes. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1705.

Related Service Information Under 1 CFR Part 51

The FAA reviewed EASA AD 2023-0059. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This proposed AD would also require Chapter 5-40-01, Airworthiness
Limitations, Revision 10, effective January 1, 2019, of the Dassault
Aviation Falcon 20 Maintenance Manual, which the Director of the
Federal Register approved for incorporation by reference as of March
12, 2020 (85 FR 6744, February 6, 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 ADDRESSES.

FAA's Determination

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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would retain certain requirements of AD 2020-02-
13. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which
would terminate the retained requirements. These actions are specified
in EASA AD 2023-0059 already described, as proposed for incorporation
by reference. Any differences with EASA AD 2023-0059 are identified as
exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (l)(1) of this proposed AD.

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, the
FAA proposes to incorporate EASA AD 2023-0059 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0059 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0059 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 AD 2023-
0059. Service information required by EASA AD 2023-0059 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-1705 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 61 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2020-02-13 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 proposed
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

The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 (AD) 2020-02-13, Amendment 39-19827
(85 FR 6744, February 6, 2020); and

b. Adding the following new AD: