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2023-25-07 DASSAULT AVIATION: ( c o r r e c t i o n ) Amendment 39-22634; Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T.
TDATA NOTE: As published by the FAA,  the  Effective  Date  was  listed as
            February 16, 2023 but should have been February 7, 2024. Tdata
            made the correction  on  the  initial  release so no change is
            necessary.

(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective February 7, 2024.

(b) AFFECTED ADS

(1) This AD replaces AD 2023-04-10, Amendment 39-22357 (88 FR 20743, April
    7, 2023) (AD 2023-04-10).

(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 all Dassault Aviation Model MYSTERE-FALCON 900 air-
    planes, certificated in any category.

(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 NO CHANGES

    This paragraph restates  the requirements of paragraph (j) of AD 2023-
    04-10, with no changes.  Except as specified in paragraph (h)  of this
    AD: Comply with all required actions  and  compliance times  specified
    in,  and  in  accordance  with,  European Union Aviation Safety Agency
    (EASA) AD 2022-0137,  dated  July 6, 2022  (EASA AD 2022-0137). Accom-
    plishing the revision of the existing maintenance  or  inspection pro-
    gram required by paragraph (j) of this AD terminates  the requirements
    of this paragraph.

(h) RETAINED EXCEPTIONS TO EASA AD 2022-0137, WITH NO CHANGES

    This paragraph  restates the exceptions  specified in paragraph (k) of
    AD 2023-04-10, with no changes.

(1) This AD does not adopt  the  requirements  specified in paragraphs (1)
    and (2) of EASA AD 2022-0137.

(2) Paragraph (3) of EASA AD 2022-0137  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 May 12, 2023  (the effective date of AD 2023-04-
    10).

(3) The initial compliance time for doing the tasks specified in paragraph
    (3) of EASA AD 2022-0137 is at the applicable "limitations" and "asso-
    ciated thresholds"  as  incorporated  by the requirements of paragraph
    (3) of EASA AD 2022-0137,  or  within 90 days  after May 12, 2023 (the
    effective date of AD 2023-04-10), whichever occurs later.

(4) This AD does not adopt the provisions  specified in paragraphs (4) and
    (5) of EASA AD 2022-0137.

(5) This AD does not adopt the "Remarks" section of EASA AD 2022-0137

(i) RETAINED RESTRICTIONS ON ALTERNATIVE ACTIONS OR INTERVALS,  WITH A NEW
    EXCEPTION

    This paragraph restates the requirements of paragraph (l)  of AD 2023-
    04-10, 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)  or  intervals are allowed  unless  they  are approved as
    specified in the provisions of the "Ref. Publications" section of EASA
    AD 2022-0137.

(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 2023-0046,  dated  March 2, 2023  (EASA AD 2023-0046).
    Accomplishing the revision of the existing maintenance  or  inspection
    program required by this paragraph terminates the requirements of par-
    agraph (g) of this AD.

(k) EXCEPTIONS TO EASA AD 2023-0046

(1) This AD does not adopt the requirements  specified  in  paragraphs (1)
    and (2) of EASA AD 2023-0046.

(2) Paragraph (3) of EASA AD 2023-0046  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 2023-0046 is at the applicable "limitations" and "asso-
    ciated thresholds"  as  incorporated  by the requirements of paragraph
    (3) of EASA AD 2023-0046,  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 2023-0046.

(5) This AD does not adopt the "Remarks" section of EASA AD 2023-0046.

(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 2023-0046.

(m) TERMINATING ACTION FOR 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 MYSTERE-FALCON 900 airplanes 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 infor-
    mation directly to the International Validation Branch, send it to the
    attention of the person identified in paragraph (o) of this AD. Infor-
    mation may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any
    approved AMOC, notify your appropriate principal inspector, or lacking
    a principal inspector, the manager of the responsible 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 Valida-
    tion Branch, FAA; or EASA;  or Dassault Aviation's EASA Design Organi-
    zation Approval (DOA).  If approved by the DOA,  the approval must in-
    clude the DOA-authorized signature.

(o) ADDITIONAL INFORMATION

    For more information about this AD,  contact  Tom Rodriguez,  Aviation
    Safety Engineer,  FAA,  1600 Stewart Avenue,  Suite 410,  Westbury, NY
    11590; telephone: 206-231-3226; email 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 February 7,
    2023.

(i) European Union Aviation Safety Agency (EASA) AD 2023-0046, dated March
    2, 2023.

(ii) [Reserved]

(4) The following service information was approved for IBR on May 12, 2023
    (88 FR 20743, April 7, 2023).

(i) European Union Aviation Safety Agency (EASA) AD 2022-0137,  dated July
    6, 2022.

(ii) [Reserved]

(5) For EASA ADs 2023-0046 and 2022-0137,  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 at the National Archives and Records Admin-
    istration (NARA). For information on the availability of this material
    at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations/ or
    email fr.inspection@nara.gov.

Issued on December 14, 2023.  Victor Wicklund, Deputy Director, Compliance
& Airworthiness Division, Aircraft Certification Service.

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.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T;
Amendment 39-22634; AD 2023-25-07]
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) 2023-04-
10, which applied to all Dassault Aviation Model MYSTERE-FALCON 900
airplanes. AD 2023-04-10 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 2023-04-
10, and requires 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 incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
2024.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
12, 2023 (88 FR 20743, April 7, 2023).

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1502; 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-2023-1502.

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:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10). AD 2023-04-10 applied to all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2023-04-10
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2023-04-10 to address reduced structural
integrity of the airplane. AD 2023-04-10 specifies that accomplishing
the revision required by that AD terminates the requirements of
paragraph (g)(1) of AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (AD 2010-26-05) for Dassault Aviation Model MYSTERE-
FALCON 900 airplanes only. This AD therefore continues to allow that
terminating action.
The NPRM published in the Federal Register on July 21, 2023 (88 FR
47086); corrected August 14, 2023 (88 FR 54933). The NPRM was prompted
by AD 2023-0046, dated March 2, 2023, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2023-0046) (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 2023-04-10 and to require revising the existing maintenance or
inspection program, as specified in EASA AD 2023-0046. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.

You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1502.

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

The FAA reviewed EASA AD 2023-0046. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0137, dated July 6, 2022, which
the Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20743, April 7, 2023).
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 151 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 2023-04-10 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) 2023-04-10, Amendment 39-22357
(88 FR 20743, April 7, 2023); and

b. Adding the following new AD: