59476 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0063, 

dated March 20, 2023 (EASA AD 2023–0063). 

Accomplishing the revision of the existing 

maintenance or inspection program required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0063 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0063. 

(2) Paragraph (3) of EASA AD 2023–0063 

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 2023–0063 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0063, 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 2023–0063. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0063. 

(l) New Provisions for Alternative Actions, 

Intervals, and CDCCLs 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2023–0063. 

(m) Terminating Action for Certain 

Requirements in AD 2014–16–23 

Accomplishing the actions required by 

paragraphs (g) or (j) of this AD terminates the 

requirements of paragraph (q) of AD 2014– 

16–23. 

(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 information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (o) of this AD. Information 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 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 DOAauthorized 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 [DATE 35 DAYS AFTER 

PUBLICATION OF THE FINAL RULE]. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0063, dated March 20, 

2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on May 10, 2023 (88 FR 

20062, April 5, 2023.) 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0142, dated July 7, 2022. 

(ii) [Reserved] 

(5) For EASA ADs 2023–0063 and 2022– 

0142, 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 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. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 23, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18568 Filed 8–28–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1721; Project 

Identifier MCAI–2023–00676–T] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2023–04–13, which applies to certain 

Dassault Aviation Model FALCON 

2000EX airplanes. AD 2023–04–13 

requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations. 

Since the FAA issued AD 2023–04–13, 

the FAA has determined that new or 

more restrictive airworthiness 

limitations are necessary. This proposed 

AD would continue to require the 

actions in AD 2023–04–13 and would 

require 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 

proposed for incorporation by reference 

(IBR). 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 October 13, 

2023. 

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. 

• 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–2023–1721; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59477 

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 material that is proposed for 

IBR in this NPRM, 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: 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1721. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. 

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: 

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–2023–1721; Project Identifier 

MCAI–2023–00676–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, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 206–231–3226; 

email Tom.Rodriguez@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Background 

The FAA issued AD 2023–04–13, 

Amendment 39–22360 (88 FR 20741, 

April 7, 2023) (AD 2023–04–13), for 

certain Dassault Aviation Model 

FALCON 2000EX airplanes. AD 2023– 

04–13 was prompted by an MCAI 

originated by EASA, which is the 

Technical Agent for the Member States 

of the European Union. EASA issued 

AD 2022–0136, dated July 6, 2022 

(EASA 2022–0136) (which corresponds 

to FAA AD 2023–04–13), to correct an 

unsafe condition. 

AD 2023–04–13 requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. The FAA issued AD 2023– 

04–13 to address reduced structural 

integrity of the airplane. AD 2023–04– 

13 specifies that accomplishing the 

revision required by paragraph (g) or (j) 

of that AD terminates the requirements 

of paragraph (g)(1) of AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010), for Dassault 

Aviation Model FALCON 2000EX 

airplanes. This proposed AD would, 

therefore, continue to allow that 

terminating action. 

Actions Since AD 2023–04–13 Was 

Issued 

Since the FAA issued AD 2023–04– 

13, EASA superseded AD 2022–0136 

and issued EASA AD 2023–0100, dated 

May 11, 2023 (EASA AD 2023–0100) 

(also referred to after this as the MCAI), 

for all Dassault Aviation Model 

FALCON 2000EX airplanes. The MCAI 

states that new or more restrictive 

airworthiness limitations have been 

developed. 

Airplanes with an original 

airworthiness certificate or original 

export certificate of airworthiness 

issued after January 15, 2023, must 

comply with the airworthiness 

limitations specified as part of the 

approved type design and referenced on 

the type certificate data sheet for those 

airplanes; this AD therefore does not 

include these airplanes in the 

applicability. 

The FAA is proposing 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– 

2023–1721. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed EASA AD 2023– 

0100. This service information specifies 

new or more restrictive airworthiness 

limitations for airplane structures and 

safe life limits. 

This proposed AD would also require 

EASA AD 2022–0136, which the 

Director of the Federal Register 

approved for incorporation by reference 

as of May 12, 2023 (88 FR 20741, 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 ADDRESSES section. 

FAA’s Determination 

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 the State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI described 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 the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would retain the 

requirements of AD 2023–04–13. This 

proposed AD would also require 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate additional new or more 

restrictive airworthiness limitations, 

which are specified in EASA AD 2023– 

0100 already described, as proposed for 

incorporation by reference. Any 

differences with EASA AD 2023–0100 

are identified as exceptions in the 

regulatory text of this AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections). Compliance 

with these actions is required by 14 CFR 


ddrumheller on DSK120RN23PROD with PROPOSALS1
59478 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired 

in the areas addressed by this proposed 

AD, the operator may not be able to 

accomplish the actions described in the 

revisions. In this situation, to comply 

with 14 CFR 91.403(c), the operator 

must request approval for an alternative 

method of compliance (AMOC) 

according to paragraph (n)(1) of this 

proposed AD. 

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 IBR of EASA AD 2022–0136 

and incorporate EASA AD 2023–0100 

by reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0100 

and EASA AD 2022–0136 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 AD 2022–0136 or EASA AD 

2023–0100 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 AD 

2022–0136 or EASA AD 2023–0100. 

Service information required by EASA 

AD 2022–0136 and EASA AD 2023– 

0100 for compliance will be available at 

regulations.gov by searching for and 

locating Docket No. FAA–2023–1721 

after the FAA final rule is published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions 

and intervals are approved as an AMOC 

in accordance with the procedures 

specified in the AMOCs paragraph 

under ‘‘Additional AD Provisions.’’ This 

new format includes a ‘‘New Provisions 

for Alternative Actions and Intervals’’ 

paragraph that does not specifically 

refer to AMOCs, but operators may still 

request an AMOC to use an alternative 

action or interval. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 245 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2023–04–13 to be $7,650 (90 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. In the past, 

the agency has estimated that this action 

takes 1 work-hour per airplane. 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 proposed actions to 

be $7,650 (90 work-hours × $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 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

2023–04–13, Amendment 39–22360 (88 

FR 20741, April 7, 2023); and 

■ b. Adding the following new 

Airworthiness Directive: 

Dassault Aviation: Docket No. FAA–2023– 

1721; Project Identifier MCAI–2023– 

00676–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 13, 

2023. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59479 

(b) Affected ADs 

(1) This AD replaces AD 2023–04–13, 

Amendment 39–22360 (88 FR 20741, April 7, 

2023) (AD 2023–04–13). 

(2) This AD affects AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010) (AD 2010–26–05). 

(c) Applicability 

This AD applies to Dassault Aviation 

Model FALCON 2000EX airplanes, 

certificated in any category, with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before January 15, 2023. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 05, Time Limits/Maintenance 

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 already 

done. 

(g) Retained Maintenance or Inspection 

Program Revision, With No Changes 

This paragraph restates the requirements of 

paragraph (j) of AD 2023–04–13, with no 

changes. For airplanes with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before January 15, 2022, 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 2022–0136, dated July 6, 2022 

(EASA AD 2022–0136). Accomplishing the 

revision of the existing maintenance or 

inspection program required by paragraph (j) 

of this AD terminates the requirements of this 

paragraph. 

(h) Retained Exceptions to EASA AD 2022– 

0136, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (k) of AD 2023–04–13, 

with no changes. 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2022– 

0136 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2022–0136 

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 2023–04–13). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2022–0136 is at the applicable 

‘‘limitation’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2022–0136, or 

within 90 days after the May 12, 2023 (the 

effective date of AD 2023–04–13), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2022–0136 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2022–0136 does not apply to this AD. 

(i) Retained Provisions for Alternative 

Actions or Intervals, With a New Exception 

This paragraph restates the requirements of 

paragraph (l) of AD 2023–04–13, with a new 

exception. Except as required by paragraph 

(j) of this AD, after the existing maintenance 

or inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals may be used unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2022–0136. 

(j) New Maintenance or Inspection Program 

Revision 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0100, 

dated May 11, 2023 (EASA AD 2023–0100). 

Accomplishing the revision of the existing 

maintenance or inspection program required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0100 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0100. 

(2) Paragraph (3) of EASA AD 2023–0100 

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 2023–0100 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0100, 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 2023–0100. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0100. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the 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– 

0100. 

(m) Terminating Action for Certain Actions 

in 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 FALCON 

2000EX 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 information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (o) of this AD. Information 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 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 DOAauthorized 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 [DATE 35 DAYS AFTER 

PUBLICATION OF THE FINAL RULE]. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0100, dated May 11, 2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on May 12, 2023 (88 FR 

20741, April 7, 2023). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0136, dated July 6, 2022. 

(ii) [Reserved] 

(5) For EASA ADs 2022–0136 and 2023– 

0100, 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: 

ad.easa.europa.eu. 

(6) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

Street, Des Moines, WA. For information on 

the availability of this material at the FAA, 

call 206–231–3195. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 


ddrumheller on DSK120RN23PROD with PROPOSALS1
59480 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 23, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18567 Filed 8–28–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 110 

[Docket No. FAA–2023–1857] 

RIN 2120–ZA32 

Revisions to the Regulatory Definitions 

of ‘‘On-Demand Operation’’, 

‘‘Supplemental Operation’’ and 

‘‘Scheduled Operation’’ 

AGENCY: Department of Transportation 

(DOT), Federal Aviation Administration 

(FAA). 

ACTION: Request for comments. 

SUMMARY: This document alerts the 

public that the FAA intends to initiate 

a rulemaking to address the exception 

from FAA’s domestic, flag, and 

supplemental operations regulations for 

public charter operators. To inform this 

effort, the FAA seeks public comment, 

data, and other information regarding 

current and planned public charter 

flights operated under on-demand rules 

that appear indistinguishable from 

flights conducted by air carriers as 

supplemental or domestic operations. 

The FAA will review comments 

received in response to this document to 

evaluate the need for and, if necessary, 

scope of any rulemaking. 

DATES: Send comments on or before 

October 13, 2023. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1857 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jackie Clow, Aviation Safety Inspector, 

Air Transportation Division, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8166; email: 

jackie.a.clow@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

provide comments, written data, views, 

or arguments relating to this document. 

Send your comments to an address 

listed under the ADDRESSES section. The 

FAA will consider comments received 

on or before the closing date. All 

comments received will be available in 

the docket for examination by interested 

persons. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000, see 65 FR 19477, or you 

may visit https://www.regulations.gov. 

Background 

Title 14 CFR part 380 is an economic 

regulation administered by the 

Department of Transportation. 

Currently, under 14 CFR 110.2 of FAA’s 

safety regulations, public charters 

operated under the terms of 14 CFR part 

380 may be conducted as ‘‘on-demand 

operations’’ if the aircraft operator is 

using airplanes, including turbo-jet 

powered airplanes, with 30 or fewer 

passenger seats. On-demand operations 

must be conducted under the operating 

rules in 14 CFR part 135. See, 14 CFR 

119.21(a)(5) and 135.1(a)(1). Similarly, 

public charter operations are excepted 

from the § 110.2 definition of 

‘‘scheduled operation’’ and are included 

in the definition of ‘‘supplemental 

operation’’ regardless of whether such 

operator offers in advance to the public 

the departure location, departure time, 

and arrival location of the flight. But for 

the part 380 exceptions in § 110.2, 

public charter operators would be 

required to comply with the operating 

rules applicable to their operations 

based on the same criteria as all other 

air carriers and commercial operators, 

i.e., 14 CFR part 121. 

The FAA intends to initiate a 

rulemaking to amend title 14, Code of 

Federal Regulations (14 CFR), part 110 

to address these public charter 

operations that, in light of recent highvolume operations, appear to be offered 

to the public as essentially 

indistinguishable from flights 

conducted by air carriers as 

supplemental or domestic operations 

under 14 CFR part 121. Specifically, the 

size, scope, frequency, and complexity 

of charter operations conducted as ‘‘ondemand’’ operations under the part 135 

operating rules has grown significantly 

over the past 10 years. While the FAA 

has adjusted its oversight of these 

increased operations, the FAA is 

considering whether a regulatory change 

may be appropriate to ensure the 

management of the level of safety 

necessary for those operations. 

The FAA is considering issuing a 

notice of proposed rulemaking that will 

seek comment on removing the 

exceptions for part 380 public charter 

operators from the definitions in 14 CFR 

110.2 and delink FAA’s safety 

regulations from DOT’s economic 

regulations. If the FAA were to remove 

the exceptions, operators would then 

conduct public charter flights under the 

operating part applicable to their 

operation based on the same criteria that 

apply to all other non-part 380 

operators, including the size and 

complexity of aircraft they operate and 

the frequency of flights. 

Were FAA to amend its regulatory 

framework, some operators conducting 

public charter operations would need to 

transition from operating under part 135 

to part 121. This transition may require 

affected operators to adjust their service 

models. As such, this document solicits 

comment, data, and other information 

regarding: the effects of any removal of 

the part 380 exception (including any 

effect on service to small and 

underserved communities); potential 

impacts on competition, innovation, 

and emerging technologies; alternative 

regulatory structures that could apply to 

the provision of commercial passenger 

services under a regime other than part 

121 or part 135; if FAA were to adopt 

a rule, the reasonable period of time 

needed to allow affected operators to 

obtain appropriate certificates and 


ddrumheller on DSK120RN23PROD with PROPOSALS1