DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0494; Product Identifier 2016-NM-126-AD; Amendment
39-19047; AD 2017-19-17]
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 superseding Airworthiness Directive (AD) 2016-17-02,
which applied to certain Dassault Aviation Model FALCON 900EX and
FALCON 2000EX airplanes. AD 2016-17-02 required revising the airplane
flight manual (AFM) to include procedures to follow when an airplane is
operating in icing conditions. AD 2016-17-02 also provided optional
actions after which the AFM revision may be removed from the AFM. Since
we issued AD 2016-17-02, we have determined additional actions are
necessary to address the identified unsafe condition. This new AD
retains the requirement of AD 2016-17-02, and also requires a detailed
inspection of the wing anti-ice system ducting (anti-ice pipes) for the
presence of a diaphragm, and replacement of ducting or re-
identification of the ducting part marking. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective October 27, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 27,
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-2017-0494.
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-
0494; 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 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 to supersede AD 2016-17-02, Amendment 39-18615 (81 FR 55366,
August 19, 2016) (``AD 2016-17-02''). AD 2016-17-02 applied to certain
Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. The
NPRM published in the Federal Register on May 30, 2017 (82 FR 24606).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Emergency Airworthiness Directive 2016-0130-E, dated July 5, 2016
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX
airplanes. The MCAI states:
A design review of in production aeroplanes identified a
manufacturing deficiency of some wing anti-ice system ducting.
This condition, if not detected and corrected, could lead to an
undetected reduced performance of the wing anti-ice system, with
potential ice accretion and ingestion, possibly resulting in
degraded engine power and degraded handling characteristics.
The Falcon 900EX EASY and Falcon * * * [2000EX] Aircraft Flight
Manuals (AFM) contain a normal procedure 4-200-05A, ``Operations in
Icing Conditions'', addressing minimum fan speed rotation (N1)
during combined operation of wing anti-ice and engine anti-ice
systems. The subsequent investigation demonstrated that the wing
anti-ice system performance for aeroplanes equipped with ducting
affected by the manufacturing deficiency can be restored increasing
N1 value. In addition, Dassault Aviation published Service Bulletin
(SB) F900EX-464 (for Falcon 900EX aeroplanes) and SB F2000EX-393
(for Falcon 2000EX aeroplanes), providing instructions for wing
anti-ice system ducting inspection.
For the reasons described above, this [EASA] AD requires an AFM
amendment and a one-time [detailed] inspection of the wing anti-ice
system ducting [and, as applicable, a check of the part number,]
and, depending on findings, re-identification or replacement of the
wing anti-ice system ducting.
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-
0494.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
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.
Related Service Information Under 1 CFR Part 51
Dassault has issued Service Bulletin F900EX-464, dated June 20,
2016; and Service Bulletin F2000EX-393, dated June 20, 2016. This
service information describes procedures for an inspection of the wing
anti-ice system ducting and re-identification or replacement of the
wing anti-ice system ducting. 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 52 airplanes of U.S. registry.
The action required by AD 2016-17-02, and retained in this AD,
takes about 1 work-hour per product, at an average labor rate of $85
per work-hour. Based on these figures, the estimated cost of
the action that is required by AD 2016-17-02 is $85 per product.
We also estimate that it will take about 4 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $17,680, or $340 per product.
In addition, we estimate that any necessary follow-on actions will
take about 19 work-hours and require parts costing $24,000, for a cost
of $25,615 per product. We have no way of determining the number of
aircraft that might need these actions.
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 removing Airworthiness Directive (AD)
2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 2016), and
adding the following new AD:
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