DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1651; Project Identifier MCAI-2023-00481-T;
Amendment 39-22589; AD 2023-22-05]
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) 2020-23-
10, which applied to certain Dassault Aviation Model FAN JET FALCON and
FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2020-23-10
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 2020-23-10 and 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 December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 23, 2020 (85 FR 73404, November 18, 2020).

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1651; 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-2023-1651.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, 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 2020-23-10, Amendment 39-21326 (85 FR
73404, November 18, 2020) (AD 2020-23-10). AD 2020-23-10 applied to
certain Dassault Aviation Model FAN JET FALCON and FAN JET FALCON
SERIES C, D, E, F, and G airplanes. AD 2020-23-10 required revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
issued AD 2020-23-10 to address, among other things, fatigue cracking
and damage in principle structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.
The NPRM published in the Federal Register on August 14, 2023 (88
FR 54935). The NPRM was prompted by AD 2023-0060, dated March 16, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0060) (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 the actions in
AD 2020-23-10 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
2023-0060. The FAA is issuing 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-2023-1651.

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 2023-0060 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2019-0141, dated June 17, 2019, which
the Director of the Federal Register approved for incorporation by
reference as of December 23, 2020 (85 FR 73404, November 18, 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 168 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 2020-23-10 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 (AD) 2020-23-10, Amendment 39-21326
(85 FR 73404, November 18, 2020); and

b. Adding the following new AD: