DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1719; Project Identifier 2008-NM-202-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to remove Airworthiness Directive (AD)
2010-
26-05, which applies to certain Dassault Aviation Model Falcon 10
airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and
G airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5
airplanes; and all Model MYSTERE-FALCON 200 airplanes; Model FALCON
2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 50 and MYSTERE-
FALCON 900 airplanes; and Model FALCON 900EX airplanes. AD 2010-26-05
requires repetitive inspections for overpressure tightness on the
pressurization control regulating valves and, if necessary, replacing
the affected valve with a serviceable unit. AD 2010-26-05 is no longer
necessary because the FAA has since issued ADs 2021-04-20, 2020-02-13,
2020-03-24, 2020-03-19, 2020-01-13, 2023-05-15, 2023-04-10, 2023-02-13,
2023-04-18, and 2023-04-13 to address the unsafe condition.
Accordingly, the FAA proposes to remove AD 2010-26-05.
DATES: The FAA must receive comments on this proposed AD by October
13,
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-2023-1719; 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.
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:
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-2023-1719; Project Identifier
2008-NM-202-AD'' 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
the 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 proposed AD.
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; telephone: 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 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (AD 2010-26-05), for certain Dassault Aviation Model
Falcon 10 airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D,
E, F, and G airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and
20-F5 airplanes; and all Model FALCON 2000 and FALCON 2000EX
airplanes; Model MYSTERE-FALCON 200 airplanes; Model MYSTERE-FALCON 50
and MYSTERE-FALCON 900 airplanes, and Model FALCON 900EX airplanes. AD
2010-26-05 was prompted by an MCAI originated by the European Union
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union. EASA issued AD 2008-0072, dated
April 18, 2008 (EASA AD 2008-0072) (also referred to as the MCAI), to
identify and correct an unsafe condition.
AD 2010-26-05 requires repetitive inspections for overpressure
tightness on the pressurization control regulating valves and, if
necessary, replacing the affected valve with a serviceable unit. The
FAA issued AD 2010-26-05 to address failure of the pressurization
control regulating valve (overpressure capsule), which will affect the
aircraft's overpressure protection. Overpressurization can result in
injury to the occupants and possible structural failure leading to loss
of control of the airplane.
Actions Since AD 2010-26-05 Was Issued
Since the FAA issued AD 2010-26-05, the actions specified in the
MCAI have been included in the airworthiness limitations section of the
existing maintenance manual. EASA issued EASA AD 2008-0072-CN, dated
October 5, 2020, which cancels EASA AD 2008-0072. The FAA issued the
following ADs to address the unsafe condition by revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations, including the actions specified in AD 2010-26-05:
AD 2021-04-20, Amendment 39-21442 (86 FR 12802, March 5,
2021), which addresses the unsafe condition for Model Falcon 10
airplanes.
AD 2020-02-13, Amendment 39-19827 (85 FR 6744, February 6,
2020), which addresses the unsafe condition for Model FAN JET FALCON,
FAN JET FALCON SERIES C, D, E, F, and G airplanes on which the
supplemental structural inspection program (SSIP) has been incorporated
into the airplane's maintenance program.
AD 2020-03-24, Amendment 39-19848 (85 FR 11289, February
27, 2020), which addresses the unsafe condition for Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the SSIP
(Dassault Service Bulletin 730) has been embodied into the airplane's
existing maintenance or inspection program.
AD 2020-03-19, Amendment 39-19843 (85 FR 11280, February
27, 2020), which address the unsafe condition for Model MYSTERE-FALCON
20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which the
SSIP (Dassault Service Bulletin 730) has been embodied into the
airplane's existing maintenance or inspection program.
AD 2020-01-13, Amendment 39-19819 (85 FR 5313, January 30,
2020), which addresses the unsafe condition for Model MYSTERE-FALCON
200 airplanes.
AD 2023-05-15, Amendment 39-22384 (88 FR 22374, April 13,
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 50
airplanes.
AD 2023-04-10, Amendment 39-22357 (88 FR 20743, April 7,
2023), which addresses the unsafe condition for Model MYSTERE-FALCON
900 airplanes.
AD 2023-02-13, Amendment 39-22320 (88 FR 8740, February
10, 2023), which addresses the unsafe condition for Model FALCON 900EX
airplanes.
AD 2023-04-18, Amendment 39-22365 (88 FR 15607, March 14,
2023), which addresses the unsafe condition for Model FALCON 2000
airplanes.
AD 2023-04-13, Amendment 39-22360 (88 FR 20741, April 7,
2023), which addresses the unsafe condition for Model FALCON 2000EX
airplanes.
FAA's Conclusions
Upon further consideration, the FAA has determined that AD 2010-26-
05 is no longer necessary. Accordingly, this proposed AD would remove
AD 2010-26-05. Removal of AD 2010-26-05 would not preclude the FAA from
issuing another related action or commit the FAA to any course of
action in the future. This proposed AD would remove all actions of AD
2010-26-05. Therefore, this proposed AD would terminate all
requirements of AD 2010-26-05.
Related Costs of Compliance
This proposed AD would add no cost. This proposed AD would remove
AD 2010-26-05 from 14 CFR part 39; therefore, operators would no longer
be required to show compliance with that AD.
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.
Regulatory Findings
The FAA has 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 that the 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) 2010-26-05, Amendment 39-16544
(75 FR 79952, December 21, 2010), and
b. Adding the following new AD:
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