DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-1023; Product Identifier 2017-NM-144-AD; Amendment
39-19104; AD 2017-23-10]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are superseding Airworthiness Directive (AD) 2017-19-17,
which applied to certain Dassault Aviation Model FALCON 900EX and
FALCON 2000EX airplanes. AD 2017-19-17 required revising the airplane
flight manual (AFM) to include procedures to follow when an airplane is
operating in icing conditions. AD 2017-19-17 also required a detailed
inspection of the wing anti-ice system ducting for the presence of a
diaphragm, and follow-on actions (replacement of ducting or re-
identification of the ducting part marking). This new AD retains the
actions required by AD 2017-19-17, and corrects the follow-on actions
for certain airplanes. This AD was prompted by a determination that the
follow-on actions specified in AD 2017-19-17 were incorrect for certain
airplanes. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective December 1, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 27,
2017 (82 FR 44305, September 22, 2017).
We must receive comments on this AD by January 2, 2018.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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-2017-1023.
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-
1023; 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 AD 2017-19-17, Amendment 39-19047 (82 FR 44305, September
22, 2017) (``AD 2017-19-17''), which applied to certain Dassault
Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2017-19-17
superseded AD 2016-17-02, Amendment 39-18615 (81 FR 55366, August 19,
2016). AD 2017-19-17 was prompted by a design review of in-production
airplanes that identified a deficiency in certain wing anti-ice system
ducting. AD 2017-19-17 required revision of the AFM to include
procedures to follow when an airplane is operating in icing conditions,
the detailed inspection of the wing anti-ice system ducting for the
presence of a diaphragm, and replacement of ducting or re-
identification of the ducting part marking. We issued AD 2017-19-17 to
detect and correct a deficiency in the wing anti-ice system ducting,
which could result in reduced performance of the wing anti-ice system
with potential ice accretion and ingestion, and could result in
degraded engine power and degraded handling characteristics.
Since we issued AD 2017-19-17, we found that the follow-on actions
specified in paragraphs (h)(1) and (h)(2) of AD 2017-19-17 are correct
for Model FALCON 900EX airplanes. However, for Model FALCON 2000EX
airplanes, the follow-on actions specified in paragraphs (h)(1) and
(h)(2) of AD 2017-19-17 would be dependent on different conditions than
those specified for Model FALCON 900EX airplanes. This AD corrects
those actions for Model FALCON 2000EX airplanes.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Emergency AD 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 on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-1023.
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.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
FAA's Justification and Determination of the Effective Date
We determined that AD 2017-19-17 contains an error in the
description of follow-on actions that could allow the identified unsafe
condition to continue for Model FALCON 2000EX airplanes. This AD
corrects the follow-on actions for the Model FALCON 2000EX airplanes.
No other changes have been made to AD 2017-19-17. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are unnecessary and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-1023; Product
Identifier 2017-NM-144-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD affects 52 airplanes of U.S. registry.
The action required by AD 2017-19-17, and retained in this AD,
takes about 5 work-hours 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 2017-19-17 is $425 per product. This AD adds no
new economic burden to AD 2017-19-17.
We also 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)
2017-19-17, Amendment 39-19047 (82 FR 44305, September 22, 2017), and
adding the following new AD:
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