DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0604; Product Identifier 2019-NM-072-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)
for all Dassault Aviation Model MYSTERE FALCON 50, MYSTERE FALCON 900,
and FALCON 900EX airplanes; and Model FALCON 2000 and FALCON 2000EX
airplanes. This proposed AD was prompted by a report that the Dassault
maintenance planning document (MPD) of the related Dassault aircraft
maintenance manual (AMM) states that the "combined service/storage
life" of the fire extinguisher percussion cartridges is longer than it
should be, and could have a safety impact in case of fire. This
proposed AD would require replacing the fire extinguisher percussion
cartridges with serviceable parts. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
27,
2019.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 service information 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.
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-2019-0604;
or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
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.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2019-0604;
Product Identifier 2019-NM-072-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, without change, to http://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0084, dated April 17, 2019 (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, MYSTERE FALCON 900, and FALCON 900EX airplanes; and Model
FALCON 2000 and FALCON 2000EX airplanes. The MCAI states:
It was identified that the Dassault Maintenance Planning
Document (MPD) of the related Dassault Aircraft Maintenance Manual
(AMM) for affected aeroplanes mentions that "combined service/
storage life" of the affected parts is 12 years, whereas it should
be 10 years. The related technical investigation confirmed that this
could have a safety impact in case of fire. It is expected that
Dassault will update the MPD with the correct value.
This condition, if not corrected, could prevent extinguishing a
fire, possibly resulting in damage to the aeroplane and injury to
the occupants.
For the reasons described above, this [EASA] AD requires
replacement of affected parts with serviceable parts.
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-2019-0604.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require replacing the fire extinguisher
percussion cartridges with serviceable parts.
Costs of Compliance
The FAA estimates that this proposed AD affects 1,013 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
6 work-hours x $85 per hour =
$510 |
$1,145
|
$1,655
|
$1,676,515
|
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.
The FAA is 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 proposed 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.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
1. Is not a "significant regulatory action" under Executive Order
12866;
2. Will not affect intrastate aviation in Alaska; and
3. 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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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