[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80439-80441]
[FR Doc No: 2022-28383]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1238; Project Identifier MCAI-2022-00741-T;
Amendment 39-22290; AD 2022-27-05]
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) 2022-09-
15, which applied to all Dassault Aviation Model FALCON 2000 and FALCON
2000EX airplanes. AD 2022-09-15 required relocating affected servo-
valves and revising the existing airplane flight manual (AFM) to
provide temporary information necessary to operate airplanes fitted
with at least one affected brake servo-valve. AD 2022-09-15 also
limited or prohibited the installation of affected brake servo-valves.
This AD was prompted by a determination that replacing certain brake
servo-valves is necessary to address the unsafe condition. This AD
continues to require the actions in AD 2022-09-15, including the parts
installation limitation or prohibition, and also requires replacing an
affected part with a serviceable part, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference
(IBR). The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective February 3, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31, 2022
(87 FR 29217, May 13, 2022).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1238; 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 EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     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<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1238.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-09-15, Amendment 39-22035 (87 FR
29217, May 13, 2022), (AD 2022-09-15). AD 2022-09-15 applied to all
Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. AD
2022-09-15 required relocating affected servo-valves and revising the
existing AFM to provide temporary information necessary to operate
airplanes fitted with at least one affected brake servo-valve. AD 2022-
09-15 also limited or prohibited the installation of affected brake
servo-valves. The FAA issued AD 2022-09-15 to prevent temporary failure
of the brake servo-valves, which could lead to reduced braking
performance during landing including degraded or dissymmetric braking,
possibly resulting in reduced control of the airplane, lateral
excursion of the runway, and consequent damage to the airplane.
    The NPRM published in the Federal Register on October 20, 2022 (87
FR 63706). The NPRM was prompted by Emergency AD 2022-0068-E, dated
April 14, 2022, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA Emergency AD 2022-0068-E)
(referred to after this as the MCAI). The MCAI states that occurrences
were reported of brake system failure during landing. Subsequent
investigation determined the root cause to be a brake control-valve
failure which was a result of application of inappropriate oiling
during production and maintenance, affecting a specific batch of
affected parts. This condition, if not addressed, could lead to reduced
braking performance during landing, possibly resulting in reduced
control of, and consequent damage to, the airplane. The NPRM was also
prompted by a determination that replacing certain brake servo-valves
is necessary to address the unsafe condition. AD 2022-09-15 did not
require that replacement, because the planned compliance time for that
replacement would have allowed enough time to provide notice and
opportunity for prior public comment on the merits of the action. The
FAA determined that the replacement is needed, and is therefore issuing
this AD to require the replacement.
    In the NPRM, the FAA proposed to retain all of the requirements of
AD 2022-09-15, including the parts installation limitation or
prohibition. The NPRM also proposed to require replacing affected brake
servo-valves, as specified in EASA Emergency AD 2022-0068-E.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1238.

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

    This AD requires EASA Emergency AD 2022-0068-E, which the Director
of the Federal Register approved for incorporation by reference as of
May 31, 2022 (87 FR 29217, May 13, 2022). 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.

Costs of Compliance

    The FAA estimates that this AD affects 441 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Relocation............................  10 work-hours x $85 per               $0            $850        $374,850
                                         hour = $850.
AFM revision..........................  1 work-hour x $85 per                  0              85          37,485
                                         hour = $85.
Replacement...........................  10 work-hours x $85 per           11,690          12,540       5,530,140
                                         hour = $850.
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    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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 has determined that 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

0
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]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2022-09-15, Amendment 39-22035 (87
FR 29217, May 13, 2022); and
0
b. Adding the following new airworthiness directive:

2022-27-05 Dassault Aviation: Amendment 39-22290; Docket No. FAA-
2022-1238; Project Identifier MCAI-2022-00741-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 3, 2023.

(b) Affected ADs

    This AD replaces AD 2022-09-15, Amendment 39-22035 (87 FR 29217,
May 13, 2022) (AD 2022-09-15).

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 2000 and
FALCON 2000EX airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Unsafe Condition

    This AD was prompted by a determination that replacing certain
brake servo-valves is necessary and reports of brake system failures
during landing. The FAA is issuing this AD to prevent temporary
failure of the brake servo-valves, which could lead to reduced
braking performance during landing including degraded or
dissymmetric braking, possibly resulting in reduced control of the
airplane, lateral excursion of the runway, and consequent damage to
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA)
Emergency AD 2022-0068-E, dated April 14, 2022 (EASA Emergency AD
2022-0068-E).

(h) Exceptions to EASA Emergency AD 2022-0068-E

    (1) Where paragraphs (1) and (2) of EASA Emergency AD 2022-0068-
E refer to its effective date, this AD requires using May 31, 2022
(the effective date of AD 2022-09-15).
    (2) Where paragraph (4) of EASA Emergency AD 2022-0068-E refers
to its effective date, this AD requires using the effective date of
this AD.
    (3) Where paragraph (2) of EASA Emergency AD 2022-0068-E
specifies to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations (see 14 CFR 91.9, 91.505, and 121.137).
    (4) This AD does not adopt the ``Remarks'' section of EASA
Emergency AD 2022-0068-E.

(i) No Reporting or Return of Parts

    Although the service information referenced in EASA Emergency AD
2022-0068-E specifies to submit certain information and send removed
parts to the manufacturer, this AD does not include that
requirement.

(j) Additional FAA 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 (k) of this AD. Information may be emailed to: [email protected]. 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
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.

(k) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 31, 2022 (87 FR 29217, May 13, 2022).
    (i) European Union Aviation Safety Agency (EASA) Emergency AD
2022-0068-E, dated April 14, 2022.
    (ii) [Reserved]
    (4) For EASA Emergency AD 2022-0068-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find this
EASA AD on the EASA website at ad.easa.europa.eu.
    (5) 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<PHONE_NUMBER>.
    (6) 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
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28383 Filed 12-29-22; 8:45 am]
BILLING CODE 4910-13-P