DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T;
Amendment 39-21415; AD 2021-03-12]
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 superseding Airworthiness Directive (AD) 2019-03-
27, which applied to all Dassault Aviation Model Falcon 10 airplanes.
AD 2019-03-27 required repetitive detailed inspections of certain wing
anti-ice outboard flexible hoses, and replacement of certain wing anti-
ice outboard flexible hoses. This AD continues to require the actions
in AD 2019-03-27, and also adds a new life limit for the improved wing
anti-ice flexible hose; as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This 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 issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 31, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2021.
ADDRESSES: For material incorporated by reference (IBR) in this
AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 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 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; phone and fax: 206-231-3226;
email: tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-03-27, Amendment 39-19579 (84 FR 7801,
March 5, 2019) (AD 2019-03-27). AD 2019-03-27 applied to all Dassault
Aviation Model Falcon 10 airplanes. The NPRM published in the Federal
Register on November 2, 2020 (85 FR 69269). The NPRM 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 NPRM
proposed to continue to require the actions in AD 2019-03-27, as
specified in an EASA AD. The NPRM also proposed to require adding a new
life limit for the improved wing anti-ice flexible hose, as specified
in EASA AD 2020-0127.
The FAA is issuing 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.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data 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 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
ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 54 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
Retained actions from AD 2019-03-27 |
9 work-hours x $85 per hour =
$765 |
$0
|
$765
|
$41,310
|
New proposed actions |
9 work-hours x $85 per hour =
$765 |
316
|
1,081
|
58,374
|
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
Labor cost
|
Parts cost
|
Cost per
product
|
9 work-hours x $85 per hour =
$765 |
$316
|
$1,081
|
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
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:
a. Removing Airworthiness Directive (AD) 2019-03-27, Amendment 39-19579
(84 FR 7801, March 5, 2019), and
b. Adding the following new airworthiness directive:
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