[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29217-29220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10459]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and 
Regulations  

[[Page 29217]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0504; Project Identifier MCAI-2022-00531-T; 
Amendment 39-22035; AD 2022-09-15]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. This 
AD was prompted by brake system failures during landing due to a brake 
servo-valve failure resulting from application of an inappropriate oil 
type during production and maintenance. This AD requires 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, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD also limits or prohibits the installation of 
affected brake servo-valves. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective May 31, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 31, 
2022.
    The FAA must receive comments on this AD by June 27, 2022.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0504.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0504; 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 AD, 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, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0504; Project Identifier MCAI-
2022-00531-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Tom 
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3226; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2022-0068-E, dated April 
14, 2022 (EASA Emergency AD 2022-0068-E) (also referred to as the 
MCAI), to correct an unsafe condition for all Model

[[Page 29218]]

FALCON 2000 and FALCON 2000EX airplanes.
    This AD was prompted by brake system failures during landing. 
Subsequent investigation determined the root cause to be a brake servo-
valve failure. A batch of brake servo-valves has been identified during 
airplane production and maintenance with an internal oil type that does 
not meet the manufacturer's cold temperature specifications, which can 
lead to their failure. 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. See the 
MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA Emergency AD 2022-0068-E specifies procedures for, among other 
actions, relocating affected brake servo-valves between the left-hand 
and right-hand brake control systems to ensure that at least one of the 
two independent brake systems has no affected parts. EASA Emergency AD 
2022-0068-E also specifies revising the existing AFM to provide 
temporary information necessary to operate airplanes fitted with at 
least one affected brake servo-valve. EASA Emergency AD 2022-0068-E 
also limits or prohibits the future installation of affected brake 
servo-valves. 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.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA 
Emergency AD 2022-0068-E described previously, except for any 
differences identified as exceptions in the regulatory text of this AD, 
and except as discussed under ``Differences Between this AD and the 
MCAI.''
    EASA Emergency AD 2022-0068-E requires operators to ``inform all 
flight crews'' of revisions to AFM, and thereafter to ``operate the 
aeroplane accordingly.'' However, this AD does not specifically require 
those actions as they are already required by FAA regulations. FAA 
regulations require that operators furnish to pilots any changes to the 
AFM (for example, 14 CFR 135.81(c)), and to ensure that pilots are 
familiar with the AFM (for example, 14 CFR 91.505(a)). FAA regulations 
also require pilots to follow the procedures in the existing AFM 
including all updates. 14 CFR 91.9 requires that any person operating a 
civil aircraft must comply with the operating limitations specified in 
the AFM. Therefore, including a requirement in this AD to operate the 
airplane according to the revised AFM would be redundant and 
unnecessary.

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, 
EASA Emergency AD 2022-0068-E is incorporated by reference in this AD. 
This AD requires compliance with EASA Emergency AD 2022-0068-E in its 
entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA Emergency AD 2022-0068-E 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 Emergency AD 
2022-0068-E. Service information required by EASA Emergency AD 2022-
0068-E for compliance will be available at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0504 after this AD is 
published.

Difference Between This AD and the MCAI

    The MCAI specifies to replace each affected brake servo-valve 
within 12 months. The FAA is considering requiring that action, but the 
planned compliance time would allow enough time to provide notice and 
opportunity for prior public comment on the merits of the replacement. 
The FAA considers that this AD is interim action. The FAA may consider 
additional rulemaking that would require the replacement of affected 
brake servo-valves.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because a brake servo-valve failure due to application of an 
inappropriate oil 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. Given the significance of the 
risk presented by this unsafe condition, it must be immediately 
addressed. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 441 airplanes of U.S. 
registry.

[[Page 29219]]

The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                              Cost per
                Labor cost                   Parts cost        product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour = $850         $11,690         $12,540  Up to $5,530,140.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness 
directive:

2022-09-15 Dassault Aviation: Amendment 39-22035; Docket No. FAA-
2022-0504; Project Identifier MCAI-2022-00531-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 31, 2022.

(b) Affected ADs

    None.

(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 brake system failures during landing due 
to a brake servo-valve failure resulting from application of an 
inappropriate oil type during production and maintenance. 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 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) 
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 EASA Emergency AD 2022-0068-E refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA Emergency AD 2022-0068-E 
requires operators to ``inform all flight crews and, thereafter, 
operate the aeroplane accordingly'' after revision of the existing 
airplane flight manual (AFM), this AD does not require those 
actions.
    (3) Where paragraph (4) of EASA Emergency AD 2022-0068-E 
requires replacement of all affected brake servo-valves within 12 
months, this AD does not require this action; except, for those 
conditions that require replacement, as specified in the relocation 
service information identified in paragraph (1) of EASA Emergency AD 
2022-0068-E, this AD requires replacement, prior to further flight, 
of one or two affected servo-valves as described in the relocation 
service information for cases when 3 or 4 affected servo-valves are 
found, as applicable.
    (4) The ``Remarks'' section of EASA Emergency AD 2022-0068-E 
does not apply to this AD.

(i) No Reporting

    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 AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, 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

[[Page 29220]]

be accomplished using a method approved by the Manager, Large 
Aircraft Section, 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) Related 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 206-231-3226; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Emergency AD 
2022-0068-E, dated April 14, 2022.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2022-0068-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; internet www.easa.europa.eu. You may find 
this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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.
    (5) 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 21, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-10459 Filed 5-11-22; 11:15 am]
BILLING CODE 4910-13-P


