DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0130; Product Identifier 2016-NM-058-AD; Amendment
39-18986; AD 2017-16-09]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
all
Dassault Aviation Model MYSTERE-FALCON 50 airplanes and FALCON 2000
airplanes. This AD was prompted by a report indicating that during
ground maintenance, a Model FALCON 2000 airplane experienced a loss of
hydraulic pressure affecting both hydraulic systems due to damage to
both brake hoses on the main landing gear (MLG). This AD requires an
inspection for certain brake hoses, installation of protective wraps or
installation of certain brake hoses, and replacement of certain brake
hoses. We are issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective September 25, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 25,
2017.
ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone: 201-440-6700; Internet:
http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 1601 Lind Avenue
SW., Renton, WA. For information on the availability of this material
at the FAA, call 425-227-1221. It is also available on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2017-0130.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2017-
0130; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, 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, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425-
227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Dassault Aviation Model
MYSTERE-FALCON 50 airplanes and FALCON 2000 airplanes. The NPRM
published in the Federal Register on March 23, 2017 (82 FR 14832)
(``the NPRM'').
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2013-0255, dated October 23, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 50 airplanes and FALCON 2000 airplanes. The MCAI states:
During ground maintenance, a Falcon 2000 aeroplane experienced a
loss of hydraulic pressure, affecting both hydraulic systems.
The investigation results revealed that this event was due to
damage to both brake hoses on the same main landing gear (MLG),
which chafed against the torque link assembly during MLG extension/
retraction cycle. The Part Numbers (P/N) of the affected brake hoses
are P/N AE705317-1 and P/N 00-200-1268, which are made of a braided
stainless steel sleeve.
This condition, if not detected and corrected, could lead to
loss of braking during landing or a rejected take-off, possibly
resulting in a runway excursion. In addition, there is a risk of
fire if the leaking brake hydraulic fluid reaches hot parts.
For the reasons described above, this [EASA] AD requires a one-
time inspection of the brake hoses to identify the P/N and determine
the presence of protection against chafing and, depending on
findings, installation of protective wraps or replacement of the
brake hoses with serviceable parts that have a Dacron sleeve
protection.
You may examine the MCAI in the AD docket on the Internet at http://
www.regulations.gov by searching for and locating Docket No. FAA-2017-
0130.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request To Clarify the Applicability
Dassault Aviation requested that the ``Applicability'' paragraph of
the proposed AD be clarified. Dassault Aviation stated the
``Applicability'' paragraph should be clarified to state that the
proposed AD affects Dassault Aviation Model MYSTERE-FALCON 50 airplanes
(including all commercial variants) and FALCON 2000 airplanes. Dassault
Aviation stated that all commercial variants include F50EX airplanes.
We agree to clarify the applicability of this AD. Paragraph (c) of
this AD specifies all Dassault Aviation Model MYSTERE-FALCON 50
airplanes and FALCON 2000 airplanes. The applicability of this AD
identifies model designations as published in the most recent type
certificate data sheet for the affected models. We have revised this AD
by adding a new Note 1 to paragraph (c) of this AD to state that Model
MYSTERE-FALCON 50 airplanes include all commercial variants, including
F50EX airplanes.
Request To Revise the Compliance Time Threshold
NetJets requested that we revise the compliance time threshold in
paragraph (h) of the proposed AD. NetJets commented that paragraph (h)
of the proposed AD requires that the protective wrap installation be
performed concurrently with paragraph (g) of the proposed AD. NetJets
stated that if the compliance time threshold in paragraph (h) of the
proposed AD was changed to ``within 9 months after the effective date
of this AD,'' it would allow a records review per paragraph (g) and
compliance with paragraph (h) without unnecessarily grounding airplanes
and also maintain the intended compliance threshold of the NPRM.
NetJets stated that paragraph (g) of the proposed AD may be performed
by a records inspection, which could be accomplished independently of
access to the airplane and could possibly ground an airplane due to
records discrepancies well before the compliance time threshold
specified in paragraph (g) of the proposed AD.
We agree with the commenter's request. We have revised paragraph
(h) of this AD to include a compliance time of 9 months, which
corresponds with the compliance time in the MCAI.
Request To Use Messier-Dowty Service Information
NetJets requested that the NPRM be revised to include Messier-Dowty
service information as an optional method of compliance. NetJets stated
that paragraph (i) of the proposed AD specifies compliance using
Dassault Service Bulletin F50-518, dated April 14, 2011, and Dassault
Service Bulletin F2000-368, dated May 29, 2009, which incorporate
Messier-Dowty Service Bulletin C23791-32-062, dated February 22, 2011,
and Messier-Dowty Service Bulletin D23345-32-020, dated May 14, 2009,
respectively. Net Jets stated that new and overhauled landing gear
include compliance information with the Messier-Dowty service
information, but not with the Dassault service information; therefore,
compliance with the Messier-Dowty service information should be
included as optional methods of compliance with paragraph (i) of the
proposed AD in addition to the Dassault service information.
We agree with the commenter's request. We agree that in the
Accomplishment Instructions of Dassault Service Bulletin F50-518, dated
April 14, 2011; and Dassault Service Bulletin F2000-368, dated May 29,
2009, specifies to replace the MLG brake hose using Messier-Dowty
Service Bulletin C23791-32-062, dated February 22, 2011, and Messier-
Dowty Service Bulletin D23345-32-020, dated May 14, 2009, as
applicable. For clarification, we have added Note 2 to paragraphs
(h)(2) and (i) of this AD to state that Dassault Service Bulletin F50-
518, dated April 14, 2011, refers to Messier-Dowty Service Bulletin
C23791-32-062, dated February 22, 2011; and Dassault Service Bulletin
F2000-368, dated May 29, 2009, refers to Messier-Dowty Service Bulletin
D23345-32-020, dated May 14, 2009; as additional sources of guidance
for doing the replacement of certain brake hoses.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We have reviewed the following Dassault service information.
Dassault Service Bulletin F50-510, Revision 2, dated
December 20, 2012; and Dassault Service Bulletin F2000-382, Revision 2,
dated May 12, 2011. This service information describes procedures for
an inspection of the brake hoses to identify whether brake hoses having
certain part numbers are installed, and installation of protective wraps
on
the brake hoses or installation of certain brake hoses that are fitted
with
Dacron sleeves. These documents are distinct since they apply to different
airplane models.
Dassault Service Bulletin F50-518, dated April 14, 2011;
and Dassault Service Bulletin F2000-368, dated May 29, 2009. This
service information describes replacement of certain brake hoses. These
documents are distinct since they apply to different airplane models.
This service information 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
We estimate that this AD affects 302 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
Inspection |
1 work-hour x $85 per hour =
$85 |
$0 |
$85 |
$25,670 |
We estimate the following costs to
do any necessary installations
and replacements that would be required based on the results of the
inspection. We have no way of determining the number of aircraft that
might need these installations and replacements:
On-Condition Costs
Action |
Labor cost |
Parts cost |
Cost per
product |
Installation of brake hose |
1 work-hour x $85 per hour =
$85 |
$340 |
$425 |
Installation of protective wraps |
1 work-hour x $85 per hour =
$85 |
340 |
425 |
Replacement |
1 work-hour x $85 per hour =
$85 |
340 |
425 |
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.
We are 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
Regulatory Findings
We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
Adoption of 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 adding the following new airworthiness
directive (AD):
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