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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0604; Product Identifier 2019-NM-072-AD; Amendment
39-19812; AD 2019-23-18]
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: The FAA is adopting 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 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 AD
requires replacing the fire extinguisher percussion cartridges with
serviceable parts. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 17, 2020.
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 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. It is also available on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2019-0604.
Examining the AD Docket
You may examine the AD docket on the internet at https://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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is 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, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
SUPPLEMENTARY INFORMATION:
Discussion
The European Union 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 (``EASA AD 2019-0084'') (also
referred to 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. You may
examine the MCAI in the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2019-0604.
The FAA 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 MYSTERE FALCON 50, MYSTERE FALCON 900, and FALCON 900EX
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes. The NPRM
published in the Federal Register on August 13, 2019 (84 FR 39991). The
NPRM was prompted by a report that the Dassault MPD of the related
Dassault 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. The NPRM proposed to
require replacing the fire extinguisher percussion cartridges with
serviceable parts. The FAA is issuing this AD to address the total life
limit of the fire extinguisher percussion cartridges, which if not
corrected, could prevent extinguishing a fire and possibly result in
damage to the airplane and injury to occupants. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.
Request To Add Certain Language to the Proposed AD
NetJets, Inc., requested that certain language be added to the
proposed AD that allows using a logbook entry to determine the
manufacturer date of the fire extinguisher percussion cartridge.
The FAA agrees to clarify. The FAA agrees that a review of the
logbook entry is one acceptable method to verify the manufacturer date
of the fire extinguisher percussion cartridge, provided that the
manufacture date can be conclusively determined from that review.
However, the FAA notes that this AD does not require using a specific
method to determine the manufacturer date of the fire extinguisher
percussion cartridge. Therefore, the FAA has not revised this AD in
this regard.
Change to Figure 1 to Paragraph (i) of This AD
In the proposed AD, the FAA inadvertently omitted one AMM task in
figure 1 to paragraph (i) of this AD, which specifies AMM tasks that
provide guidance for the replacement required by paragraph (h) of this
AD. The FAA has revised figure 1 to paragraph (i) of this AD to include
the omitted AMM task for the auxiliary power unit (APU) on Model FALCON
2000 and FALCON 2000EX airplanes.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Costs of Compliance
The FAA estimates that this AD affects 1,013 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
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| 6 work-hours x $85 per hour =
$510 |
$1,145
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$1,655
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$1,676,515
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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 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
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) 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.
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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