DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to supersede Airworthiness Directive
2019-03-27, which applies to all Dassault Aviation Model Falcon 10
airplanes. AD 2019-03-27 requires repetitive detailed inspections of
certain wing anti-ice outboard flexible hoses, and replacement of
certain wing anti-ice outboard flexible hoses. Since the FAA issued AD
2019-03-27, an improved wing anti-ice flexible hose has been developed.
This proposed AD would continue to require the actions in AD 2019-03-
27, and would add a new life limit for the improved wing anti-ice
flexible hose, 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 December
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 https://www.regulations.gov. Follow
instructions 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: 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
50668 Cologne, Germany; phone: +49 221 8999 000; 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-2020-0977.
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-2020-0977;
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; phone and fax: 206-231-3226;
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
"Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T" at
the beginning of your comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3226; email: email@example.com. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
The FAA issued AD 2019-03-27, Amendment 39-19579 (84 FR 7801, March
5, 2019) ("AD 2019-03-27"), which applies to all Dassault Aviation
Model Falcon 10 airplanes. AD 2019-03-27 requires repetitive detailed
inspections of certain wing anti-ice outboard flexible hoses, and
replacement of certain wing anti-ice outboard flexible hoses. The FAA
issued AD 2019-03-27 to address damaged wing anti-ice outboard flexible
hoses, which 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.
Actions Since AD 2019-03-27 Was Issued
Since the FAA issued AD 2019-03-27, an improved wing anti-ice
flexible hose has been developed which has the same life limit as other
wing anti-ice outboard flexible hoses. The FAA has determined that the
improved wing anti-ice flexible hose may be installed on airplanes and
that a life limit for the improved wing anti-ice flexible hose must be
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0127, dated June 4, 2020
("EASA AD 2020-0127") (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. EASA AD
2020-0127 supersedes EASA AD 2019-0040-E, dated February 21, 2019
(which corresponds to AD 2019-03-27).
This proposed AD was prompted by a report indicating that certain
wing anti-ice outboard flexible hoses were found damaged, likely
resulting from the installation process, and the development of an
improved wing anti-ice flexible hose. The FAA is proposing this AD to
address damaged wing anti-ice outboard flexible hoses, which 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. See the MCAI for additional background information.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2019-03-27, this proposed AD would retain all of the
requirements of AD 2019-03-27. Those requirements are referenced in
EASA AD 2020-0127, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0127 describes procedures for repetitive detailed
inspections of certain wing anti-ice outboard flexible hoses,
replacement of certain wing anti-ice outboard flexible hoses, a new
life limit for certain wing anti-ice outboard flexible hoses, and
optional terminating actions for the repetitive inspections
(replacement of all damaged affected wing anti-ice outboard flexible
hoses or accomplishing and passing an inspection on an affected wing
anti-ice outboard flexible hose after it has accumulated 100 flight
cycles since installation on an airplane). 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
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 the FAA's 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 pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0127 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 2020-0127
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0127 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 2020-0127 that is required for compliance with EASA AD 2020-
0127 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0977 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 54 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
|Retained actions from AD 2019-03-27.
||9 work-hours x $85 per hour =
|New proposed actions
||9 work-hours x $85 per hour =
The FAA estimates the following costs
to do any necessary on-
condition replacements 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 replacements:
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.
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.
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
(1) Is not a "significant regulatory action" under Executive
(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
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:
a. Removing Airworthiness Directive (AD) 2019-03-27, Amendment 39-19579
(84 FR 7801, March 5, 2019), and
b. Adding the following new AD: