DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0448; Product Identifier 2020-NM-050-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 Falcon 10 airplanes. This proposed AD
was prompted by a report of hydraulic fluid on the ground near the main
landing gear (MLG) brake assembly. The hydraulic leakage started in a
cracked hydraulic pipe, with the crack likely due to chafing between
two hydraulic pipes or between hydraulic pipes and structure. This
proposed AD would require an inspection for chafing or interference of
certain hydraulic pipes and certain rib passage holes, and, depending
on findings, modification or repair, as specified in a European Union
Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. 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 June 22, 2020.

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 https://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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the 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, Airworthiness Products Section,
Operational Safety 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
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0448.

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-2020-0448;
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, 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,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226;
email tom.rodriguez@faa.gov.

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-2020-0448;
Product Identifier 2020-NM-050-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 based on those comments.

The FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Discussion

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0072, dated March 26, 2020
("EASA AD 2020-0072") (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.

This proposed AD was prompted by a report of hydraulic fluid on the
ground near the MLG brake assembly. The hydraulic leakage started in a
cracked System #2 hydraulic pipe, with the crack likely due to chafing
between two hydraulic pipes or between hydraulic pipes and structure.
The FAA is proposing this AD to address chafed or cracked hydraulic
pipes, which could lead to hydraulic fluid leakage near an ignition
source and possibly result in an uncontained fire. See the MCAI for
additional background information.

Related IBR Material Under 1 CFR Part 51

EASA AD 2020-0072 describes procedures for an inspection for
chafing or interference of the System #2 hydraulic pipes and rib 1 to
rib 2a passage holes, and, depending on findings, modification to
prevent interference or chafing at rib passage holes or repair. 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.

FAA's Determination and Requirements of This Proposed 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, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0072 described previously, as incorporated by
reference, 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 initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0072
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0072 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
"all required actions and compliance times," compliance with this AD
requirement is not limited to the section titled "Required Action(s)
and Compliance Time(s)" in the EASA AD. Service information specified
in EASA AD 2020-0072 that is required for compliance with EASA AD 2020-
0072 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0448 after the FAA
final rule is published.

Costs of Compliance

The FAA estimates that this proposed AD affects 85 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

Estimated Costs for Required Actions

The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

Estimated Costs of On-Condition 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.

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.

Regulatory Findings

The FAA has 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):