81342 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

statutory scheme and the requirements 

contained in regulations promulgated by 

OPM, codified in 5 CFR part 550, 

subpart K. Accordingly, no notice of 

proposed rulemaking was required 

pursuant to 5 U.S.C. 553(b)(A). In 

addition, because this rule related to 

agency management and personnel, no 

notice of proposed rulemaking was 

required pursuant to 5 U.S.C. 553(a)(2). 

The Board, however, noted that it would 

consider any public comments, but no 

comments were received. This is 

confirmation that the interim rule 

published September 19, 2023, at 88 FR 

64353, is adopted as final without 

change. 

Dated: November 13, 2023. 

Joyce Connery, 

Chair. 

[FR Doc. 2023–25536 Filed 11–21–23; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1804; Project 

Identifier MCAI–2023–00675–T; Amendment 

39–22596; AD 2023–22–12] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2023–04– 

18, which applied to all Dassault 

Aviation Model FALCON 2000 

airplanes. AD 2023–04–18 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. This AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This AD 

continues to require certain actions in 

AD 2023–04–18 and requires 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 incorporated by reference. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD is effective December 

27, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 27, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of April 18, 2023 (88 FR 

15607, March 14, 2023). 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1804; 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 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 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 

regulations.gov under Docket No. FAA– 

2023–1804. 

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: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2023–04–18, 

Amendment 39–22365 (88 FR 15607, 

March 14, 2023) (AD 2023–04–18). AD 

2023–04–18 applied to all Dassault 

Aviation Model FALCON 2000 

airplanes. AD 2023–04–18 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. The FAA 

issued AD 2023–04–18 to address 

reduced controllability of the airplane. 

AD 2023–04–18 specified that 

accomplishing the revision required by 

that AD terminates certain requirements 

of AD 2010–26–05, Amendment 39– 

16544 (75 FR 79952, December 21, 

2010) (AD 2010–26–05) for Model 

FALCON 2000 airplanes only. This AD 

therefore continues to allow that 

terminating action. 

The NPRM published in the Federal 

Register on August 30, 2023 (88 FR 

59815). The NPRM was prompted by 

AD 2023–0099, dated May 11, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0099) 

(also referred to as the MCAI). The 

MCAI states that new or more restrictive 

airworthiness limitations have been 

developed. 

In the NPRM, the FAA proposed to 

continue to require certain actions in 

AD 2023–04–18 and to require revising 

the existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, as specified in EASA AD 

2023–0099. The FAA is issuing this AD 

to address reduced controllability of the 

airplane. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1804. 

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 

EASA AD 2023–0099 specifies new or 

more restrictive airworthiness 

limitations for airplane structures and 

safe life limits. 

This AD also requires EASA AD 

2022–0135, dated July 6, 2022, which 

the Director of the Federal Register 

approved for incorporation by reference 

as of April 18, 2023 (88 FR 15607, 

March 14, 2023). 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81343 

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. 

Costs of Compliance 

The FAA estimates that this AD 

affects 168 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2021–03–11 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. 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 actions to be 

$7,650 (90 work-hours × $85 per workhour). 

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, 

(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 

■ 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 

(AD) 2023–04–18, Amendment 39– 

22365 (88 FR 15607, March 14, 2023); 

and 

■ b. Adding the following new AD: 

2023–22–12 Dassault Aviation: 

Amendment 39–22596; Docket No. 

FAA–2023–1804; Project Identifier 

MCAI–2023–00675–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective December 27, 2023. 

(b) Affected ADs 

(1) This AD replaces AD 2023–04–18, 

Amendment 39–22365 (88 FR 15607, March 

14, 2023) (AD 2023–04–18). 

(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 all Dassault Aviation 

Model FALCON 2000 airplanes, certificated 

in any category. 

(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 controllability of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With 

No Changes 

This paragraph restates the requirements of 

paragraph (j) of AD 2023–04–18, with no 

changes. 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 2022–0135, dated 

July 6, 2022 (EASA AD 2022–0135). 

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– 

0135, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (k) of AD 2023–04–18, 

with no changes. 

(1) The requirements specified in 

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

0135 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2022–0135 

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 April 18, 

2023 (the effective date of AD 2023–04–18). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2022–0135 is at the applicable 

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

incorporated by the requirements of 

paragraph (3) of EASA AD 2022–0135, or 

within 90 days after April 18, 2023 (the 

effective date of AD 2023–04–18), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2022–0135 do not 

apply to this AD. 

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

2022–0135 does not apply to this AD. 

(i) Retained No Alternative Actions or 

Intervals With a New Exception 

This paragraph restates the requirements of 

paragraph (l) of AD 2023–04–18, 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 

2022–0135. 

(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 2023–0099, 

dated May 11, 2023 (EASA AD 2023–0099). 

Accomplishing the maintenance or 

inspection program revision required by this 

paragraph terminates the requirements of 

paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0099 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0099. 


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81344 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

(2) Paragraph (3) of EASA AD 2023–0099 

specifies revising ‘‘the approved AMP 

[aircraft maintenance program]’’ 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 2023–0099 is at the applicable 

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

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0099, 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 2023–0099. 

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

section of EASA AD 2023–0099. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the existing 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 

2023–0099. 

(m) Terminating Action for Certain 

Requirements in AD 2010–26–05 

Accomplishing the actions required by 

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

requirements of paragraph (g) of AD 2010– 

26–05 for Model FALCON 2000 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 December 27, 2023. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0099, dated May 11, 2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on April 18, 2023 (88 FR 

15607, March 14, 2023). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0135, dated July 6, 2022. 

(ii) [Reserved] 

(5) For EASA ADs 2023–0099 and 2022– 

0135, 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 material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on November 16, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–25832 Filed 11–21–23; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 103 

RIN 3142–AA21 

Standard for Determining Joint 

Employer Status 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On October 27, 2023, the 

National Labor Relations Board (Board) 

published a final rule rescinding and 

replacing its rule regarding the standard 

for determining joint employer status 

under the National Labor Relations Act. 

The Board hereby amends that rule to 

change the effective date from December 

26, 2023, to February 26, 2024. The 

purpose of this amendment is to 

facilitate the resolution of the legal 

challenges with respect to the rule. 

DATES: The effective date of the final 

rule amending 29 CFR part 103 

published at 88 FR 73946, October 27, 

2023, is delayed from December 26, 

2023, to February 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Roxanne L. Rothschild, Executive 

Secretary, National Labor Relations 

Board, 1015 Half St. SE, Washington, 

DC 20570–0001, (202) 273–1940 (this is 

not a toll-free number) or 1–844–762– 

NLRB (6572) (this is a toll-free number). 

Hearing impaired callers who wish to 

speak to an NLRB representative should 

contact T-Mobile Relay Conference 

Captioning by visiting its website at 

https://www.tmobileaccess.com/federal 

and submitting a form asking its 

Communications Assistant to call our 

toll free number at 1–844–762–NLRB 

(6572). 

SUPPLEMENTARY INFORMATION: On 

October 27, 2023, the National Labor 

Relations Board published a final rule 

rescinding and replacing the final rule 

entitled ‘‘Joint Employer Status Under 

the National Labor Relations Act,’’ 

which was published on February 26, 

2020, and took effect on April 27, 2020. 

The final rule establishes a new 

standard for determining whether two 

employers, as defined in the Act, are 

joint employers of particular employees 

within the meaning of the Act. The 

Board believes that this rule will more 

explicitly ground the joint-employer 

standard in established common-law 

agency principles and provide guidance 

to parties covered by the Act regarding 

their rights and responsibilities when 

more than one statutory employer 

possesses the authority to control or 

exercises the power to control particular 

employees’ essential terms and 

conditions of employment. Under the 

final rule, an entity may be considered 

a joint employer of another employer’s 

employees if the two share or 

codetermine the employees’ essential 

terms and conditions of employment. 

On November 6, 2023, a petition for 

review of the final rule was filed in the 

United States Court of Appeals for the 

District of Columbia Circuit. Service 

Employees International Union v. 

NLRB, No. 23–1309 (D.C. Cir.). Then, on 

November 19, 2023, a challenge to the 

final rule was filed in the U.S. District 

Court for the Eastern District of Texas. 

Chamber of Commerce of the United 

States of America, et. al v. NLRB, No. 

6:23–cv–00553 (E.D. Tex.). The Board 

has determined that postponing the 

effective date of the rule would facilitate 

the resolution of the legal challenges 

that have been filed with respect to the 


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