DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0448; Product Identifier 2020-NM-050-AD; Amendment
39-21219; AD 2020-17-14]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
Dassault Aviation Model Falcon 10 airplanes. This 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 AD
requires 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), which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective October 8, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 8,
ADDRESSES: For material incorporated by reference (IBR) in this
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +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-2020-0448.
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 final rule, 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,
Large Aircraft Section, International Validation 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 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.
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 Falcon 10 airplanes. The NPRM published in the Federal Register
on May 7, 2020 (85 FR 27170). The NPRM 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 NPRM proposed to require an
inspection for chafing or interference of the hydraulic pipes and
certain rib passage holes, and, depending on findings, modification or
repair, as specified in an EASA AD.
The FAA is issuing 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.
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. Hailey Berk indicated support for the NPRM.
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for 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.
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.
Costs of Compliance
The FAA estimates that this AD affects 85 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|2 work-hours x $85 per hour =
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
|Up to 24
work-hours x $85 per hour = $2,040
Up to $5,500
Up to $7,540
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 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
(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
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