DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0115; Product Identifier 2019-NM-024-AD; Amendment
39-19579; AD 2019-03-27]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a
report indicating that certain wing anti-ice outboard flexible hoses
were found damaged, likely resulting from the installation process.
This AD requires repetitive detailed inspections of certain wing anti-
ice outboard flexible hoses, and replacement of certain wing anti-ice
outboard flexible hoses, as specified in an European Aviation Safety
Agency (EASA) Emergency AD, which is incorporated by reference. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective March 8, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 8,
We must receive comments on this AD by April 19, 2019.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
for submitting comments.
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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the incorporation by reference (IBR) material described in the
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available in the AD docket on the
internet at http://www.regulations.gov.
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-2019-0115; or in person at
Operations 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 Docket
Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2019-0040-E, dated
February 21, 2019 (``EASA Emergency AD 2019-0040-E'') (also referred to
as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for all Dassault Aviation Model
Falcon 10 airplanes. The MCAI states:
Occurrences were reported, involving Falcon 10 aeroplanes, where
wing anti-ice outboard flexible hoses P/N [part number] 115S018A315
were found damaged. Investigation shows that those damages are most
likely due to the installation process.
This condition, if not corrected, could lead to a loss of
performance of the wing anti-ice protection system not annunciated
to the pilot, possibly resulting in reduced control of the
To address this potential unsafe condition, Dassault published
the SB [Alert Service Bulletin F10-338] to provide inspection
For the reason described above, this [EASA] AD requires a one-
time inspection of the wing anti-ice outboard flexible hoses and,
depending on findings, further inspection(s) or replacement. This
[EASA] AD also provides instructions for installation of an affected
part on an aeroplane.
Related IBR Material Under 1 CFR Part 51
EASA Emergency AD 2019-0040-E describes procedures for repetitive
detailed inspections for damage of wing anti-ice outboard flexible
hoses having P/N 115S018A315, and replacement of affected wing anti-ice
outboard flexible hoses. This material 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, and it is
publicly available through the EASA website.
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 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 the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA
Emergency AD 2019-0040-E described previously, except for any
differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with EASA to develop a process to use certain
EASA ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. As a result, EASA Emergency AD
2019-0040-E is incorporated by reference in the FAA final rule. This
AD, therefore, requires compliance with the provisions specified in
EASA Emergency AD 2019-0040-E, except for any differences identified as
exceptions in the regulatory text of this AD. Service information
specified in EASA Emergency AD 2019-0040-E that is required for
compliance with EASA Emergency AD 2019-0040-E is available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0115.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because damaged wing anti-ice outboard flexible hoses could lead to a
loss of performance of the wing anti-ice protection system that is not
annunciated to the pilot, and could result in reduced control of the
airplane. Therefore, we find good cause that notice and opportunity for
prior public comment are impracticable. In addition, for the reasons
stated above, we find that good cause exists for making this amendment
effective in less than 30 days.
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-2019-0115; Product
Identifier 2019-NM-024-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 based on
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 54 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
|9 work-hours x $85 per hour =
We estimate the following costs to
do any necessary on-condition
action that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need this on-condition action:
Estimated Costs of On-Condition Actions
|9 work-hours x $85 per hour =
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
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 and
associated appliances to the Director of the System Oversight Division.
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
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
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