AD 2022-27-05

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).

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 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 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. It is also available at regulations.gov under Docket No. FAA-2022-1238.

Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone: 206-231-3226; email: Tom.Rodriguez@faa.gov.

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.

The FAA received no comments on the NPRM or on the determination of the cost to the public.

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.

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.

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

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.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive 2022-09-15, Amendment 39-22035 (87 FR 29217, May 13, 2022); and

b. Adding the following new airworthiness directive: