DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1719; Project Identifier 2008-NM-202-AD; Amendment
39-22621; AD 2010-26-05R1]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2010-26-05,
which applied to certain Dassault Aviation Model Falcon 10 airplanes;
Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G
airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5
airplanes; and all Model MYSTERE-FALCON 200 airplanes; Model FALCON
2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 50 and MYSTERE-
FALCON 900 airplanes; and Model FALCON 900EX airplanes. AD 2010-26-05
required repetitive inspections for overpressure tightness on the
pressurization control regulating valves and, if necessary, replacing
the affected valve with a serviceable unit. The FAA issued AD 2010-26-
05 to address failure of the pressurization control regulating valve
(overpressure capsule), which will affect the aircraft's overpressure
protection. Since the FAA issued AD 2010-26-05, the FAA issued ADs
2021-04-20, 2020-02-13, 2020-03-24, 2020-03-19, 2020-01-13, 2023-05-15,
2023-04-10, 2023-02-13, 2023-04-18, and 2023-04-13 to address the
unsafe condition. Therefore, the FAA has determined that AD 2010-26-05
is no longer necessary. Accordingly, AD 2010-26-05 is removed.

DATES: This AD becomes effective December 6, 2023.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1719; 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.

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 by removing AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (AD 2010-26-05). The NPRM was published in the
Federal Register on August 29, 2023 (88 FR 59471). AD 2010-26-05
applied to certain Dassault Aviation Model Falcon 10 airplanes; Model
FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes;
Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; and all
Model FALCON 2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 200
airplanes; Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900 airplanes,
and Model FALCON 900EX airplanes. AD 2010-26-05 was prompted by AD
2008-0072, dated April 18, 2008, issued by the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Union (EASA AD 2008-0072) (also referred to as
the MCAI). The NPRM was prompted by a determination that AD 2010-26-05
is no longer necessary, because the actions specified in the MCAI have
been included in the airworthiness limitations section of the existing
maintenance manual. EASA issued AD 2008-0072-CN, dated October 5, 2020,
which cancels EASA AD 2008-0072. Additionally, the FAA has issued the
following ADs to address the unsafe condition by revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations, including the actions specified in AD 2010-26-05.
AD 2021-04-20, Amendment 39-21442 (86 FR 12802, March 5,
2021), which addresses the unsafe condition for Model Falcon 10
airplanes.
AD 2020-02-13, Amendment 39-19827 (85 FR 6744, February 6,
2020), which addresses the unsafe condition for Model FAN JET FALCON,
FAN JET FALCON SERIES C, D, E, F, and G airplanes on which the
supplemental structural inspection program (SSIP) has been incorporated
into the airplane's maintenance program.
AD 2020-03-24, Amendment 39-19848 (85 FR 11289, February
27, 2020), which addresses the unsafe condition for Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the SSIP
(Dassault Service Bulletin 730) has been embodied into the airplane's
existing maintenance or inspection program.
AD 2020-03-19, Amendment 39-19843 (85 FR 11280, February
27, 2020), which address the unsafe condition for Model MYSTERE-FALCON
20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which the
SSIP (Dassault Service Bulletin 730) has been embodied into the
airplane's existing maintenance or inspection program.
AD 2020-01-13, Amendment 39-19819 (85 FR 5313, January 30,
2020), which addresses the unsafe condition for Model MYSTERE-FALCON
200 airplanes.
AD 2023-05-15, Amendment 39-22384 (88 FR 22374, April 13,
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 50
airplanes.
AD 2023-04-10, Amendment 39-22357 (88 FR 20743, April 7,
2023), which addresses the unsafe condition for Model MYSTERE-FALCON
900 airplanes.
AD 2023-02-13, Amendment 39-22320 (88 FR 8740, February
10, 2023), which addresses the unsafe condition for Model FALCON 900EX
airplanes.
AD 2023-04-18, Amendment 39-22365 (88 FR 15607, March 14,
2023), which addresses the unsafe condition for Model FALCON 2000
airplanes.
AD 2023-04-13, Amendment 39-22360 (88 FR 20741, April 7,
2023), which addresses the unsafe condition for Model FALCON 2000EX
airplanes.
The NPRM proposed to remove AD 2010-26-05. The FAA is issuing this
AD to remove AD 2010-26-05.

Discussion of Final Airworthiness Directive

Comments

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

Justification for Immediate Adoption 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 30 days, upon
a finding of good cause. Since the FAA issued AD 2010-26-05, the
actions specified in the MCAI have been included in the airworthiness
limitations section of the existing maintenance manual, and the FAA has
issued ADs to require the incorporation of those airworthiness
limitations. Therefore, the FAA is issuing this AD to remove AD 2010-
26-05, and the FAA did not receive any adverse comments or useful
information about this AD from U.S. operators that necessitates waiting
30 days for relief from this requirement. Accordingly, 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.

Conclusion

The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. 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 removes all actions of AD 2010-26-05. Therefore, the
requirements of AD 2010-26-05 are terminated.

Related Costs of Compliance

This AD adds no costs. This AD removes AD 2010-26-05 from 14 CFR
part 39; therefore, operators are no longer required to show compliance
with that AD.

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.

Regulatory Findings

The FAA 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.

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.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by:

a. Removing Airworthiness Directive (AD) 2010-26-05, Amendment 39-16544
(75 FR 79952, December 21, 2010), and

b. Adding the following new AD: