[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63706-63709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20982]


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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]
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 supersede Airworthiness Directive (AD) 
2022-09-15, which applies to all Dassault Aviation Model FALCON 2000 
and FALCON 2000EX airplanes. AD 2022-09-15 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. This AD was prompted by a 
determination that replacing certain brake servo-valves is necessary to 
address the unsafe condition. This proposed AD would continue to 
require the actions in AD 2022-09-15 and would require replacing an 
affected part with a serviceable part, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). This proposed AD would also limit or prohibit the 
installation of affected brake servo-valves. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 5, 
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 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.

[[Page 63707]]

     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-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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For the EASA AD identified in this NPRM, you may 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. It is also 
available at regulations.gov under Docket No. FAA-2022-1238. Or,
     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 206-231-3195.

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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1238; Project Identifier 
MCAI-2022-00741-T'' 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 
this 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 NPRM.

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, 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, 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 Dassault Aviation Model FALCON 2000 
and FALCON 2000EX airplanes. The FAA issued corresponding AD 2022-09-
15, Amendment 39-22035 (87 FR 29217, May 13, 2022) (AD 2022-09-15), for 
all Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. AD 
2022-09-15 requires 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. 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.

Actions Since AD 2022-09-15 Was Issued

    EASA Emergency AD 2022-0068-E requires the replacement of all 
affected brake servo-valves within 12 months. The preamble to FAA AD 
2022-09-15 explained that 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. 
Therefore, AD 2022-09-15 did not require the replacement, and was 
considered to be interim action pending the FAA's consideration of 
further rulemaking to mandate the replacement of all affected brake 
servo-valves.
    This proposed AD was prompted by a determination that replacing 
certain brake servo-valves is necessary and reports of 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 
proposing 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-09-15, this proposed AD would retain all of the 
requirements of AD 2022-09-15. Those requirements are referenced in 
EASA Emergency AD 2022-0068-E, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require EASA Emergency AD 2022-0068-E, which 
was 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 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 the State of Design 
Authority, it has notified the FAA of the unsafe condition described

[[Page 63708]]

in the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.

Proposed AD Requirements in this NPRM

    This proposed AD would retain all of the requirements of AD 2022-
09-15. This proposed AD would also require replacing affected brake 
servo-valves.
    EASA Emergency AD 2022-0068-E requires operators to ``inform all 
flight crews'' of revisions to the AFM, and thereafter to ``operate the 
aeroplane accordingly.'' However, this proposed AD would not 
specifically require those actions as those actions are already 
required by FAA regulations. FAA regulations require operators furnish 
to pilots any changes to the AFM (for example, 14 CFR 121.137), and to 
ensure the pilots are familiar with the AFM (for example, 14 CFR 
91.505). As with any other flightcrew training requirement, training on 
the updated AFM content is tracked by the operators and recorded in 
each pilot's training record, which is available for the FAA to review. 
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 proposed 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, the 
FAA proposes to retain the incorporation by reference of EASA Emergency 
AD 2022-0068-E by reference in the FAA final rule. This proposed AD 
would, therefore, require 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 proposed 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 regulations.gov by searching 
for and locating Docket No. FAA-2022-1238 after the FAA final rule is 
published.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed 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

    The FAA 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 this 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

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 (AD) 2022-09-15, Amendment 39-22035 
(87 FR 29217, May 13, 2022); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2022-1238; Project Identifier 
MCAI-2022-00741-T.

[[Page 63709]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 5, 2022.

(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) 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 FAA 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)(2) 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, 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

    (1) 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. 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. 
This material may be found in the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2022-1238.
    (2) 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].

    Issued on September 22, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20982 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P


