DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9500; Product Identifier 2016-NM-140-AD; Amendment
39-19072; AD 2017-21-01]
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 FAN JET FALCON, FAN JET FALCON SERIES C, D, E,
F, and G; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5
airplanes. This AD was prompted by reports of defective fire
extinguisher tubes. This AD requires replacement of the affected fire
extinguisher tubes with improved fire extinguisher tubes. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective November 27, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 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-2016-9500.
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-2016-
9500; 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
FAN JET FALCON, and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5
airplanes. The NPRM published in the Federal Register on December 20,
2016 (81 FR 92747) (``the NPRM''). The NPRM was prompted by reports of
defective fire extinguisher tubes. The NPRM proposed to require
replacement of the affected fire extinguisher tubes with improved fire
extinguisher tubes. We are issuing this AD to prevent fire extinguisher
failure. Such a failure could result in the inability to extinguish a
fire in the rear compartment, and possible damage to the airplane and
injury to the occupants.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0154, dated July 28, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G; and
Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. The MCAI
states:
Several defective extinguisher tubes have been found on certain
Dassault Aviation Fan Jet Falcon aeroplanes. The results of the
investigations concluded that these occurrences were caused by
corrosion.
This condition, if not corrected, could impact the capability to
extinguish a fire in the rear compartment of the aeroplane, possibly
resulting in damage to the aeroplane and injury to the occupants.
For the reason described above, this [EASA] AD requires the
replacement of the affected tubes with improved fire extinguisher
tube. In addition, this [EASA] AD prohibits (re)installation of the
affected fire extinguisher tubes on an aeroplane.
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-2016-
9500.
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 Change Compliance Time From Flight Cycles to Flight Hours
Dassault Aviation noted that paragraph (g) of the proposed AD
specified a compliance time of 450 flight cycles but the MCAI specified
a compliance time of 450 flight hours. Dassault Aviation requested that
we change the compliance time in the proposed AD to specify flight
hours.
We acknowledge the commenter's request and agree that we
inadvertently referred to ``flight cycles'' instead of ``flight hours''
in paragraph (g) of the proposed AD. Using flight cycles gives
operators approximately 3 additional months to comply with the proposed
action based on the average fleet utilization of these airplanes.
However, to reduce the compliance time of the proposed AD would
necessitate (under the provisions of the Administrative Procedure Act)
reissuing the notice, reopening the period for public comment, and
eventually issuing a final rule. Those actions would add even more time
to the rulemaking process and further delay mitigation of the unsafe
condition. We find that delaying issuance of this final rule is
inappropriate in light of the identified unsafe condition. Most ADs,
including this one, permit operators to accomplish the requirements of
an AD at a time earlier than the specified compliance time. To more
closely match the EASA specified compliance time without compromising
safety, we have changed the compliance time in paragraph (g) of this AD
to ``within 450 flight cycles or 450 flight hours, whichever occurs
later after the effective date of this AD.''
Request To Change the Compliance Method
One commenter, Robert Bowers, requested that we change the
compliance method in the proposed AD to match that specified in AD
2015-20-08, Amendment 39-18287 (80 FR 60795, October 8, 2015) (``AD
2015-20-08''). AD 2015-20-08 requires that certain other fire
extinguisher tubes be inspected every 13 months, until they need to be
replaced by a new tube. The commenter added that he has inspected two
Falcon airplanes and finds no reason to replace these fire extinguisher
tubes at this time.
We disagree with the commenter's request. The location of the fire
extinguisher tubes addressed by this AD is more critical from a design
perspective than that of the fire extinguisher tubes addressed by AD
2015-20-08. The applicable fire extinguisher tubes must be replaced
with tubes having an improved design to address the unsafe condition.
We have not changed this AD in this regard.
Explanation of Change to NPRM
In the proposed AD, we stated the applicability included ``Dassault
Aviation Model FAN JET FALCON'' airplanes and inadvertently left out
``SERIES C, D, E, F, and G'' from the description. For clarity, we have
revised the applicability to read ``Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes . . .'' in
this final rule. This change does not expand the scope of the final
rule or add airplanes to the applicability.
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
Dassault Aviation has issued Service Bulletin F20-790, dated
September 14, 2016. This service information describes procedures for
the
replacement of affected fire extinguisher tubes with improved fire extinguisher
tubes. 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 133 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 |
Fire extinguisher tube replacement |
3 work-hours x $85 per hour =
$255 |
$3,100 |
$3,355 |
$446,215 |
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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