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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0999; Project Identifier MCAI-2023-01262-T;
Amendment 39-22780; AD 2024-13-06]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for all
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
determination that certain left-hand (LH) and right-hand (RH) pylon
bleed air leak detectors (BALDs) might be defective, due to incorrect
manufacturing processes and incomplete acceptance test procedures. This
AD requires a one-time operational check of affected parts and,
depending on findings, accomplishment of applicable corrective action,
and limits the installation of affected parts under certain conditions,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective September 24, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
24, 2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0999; 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 mandatory continuing airworthiness
information (MCAI), 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.
Material Incorporated by Reference:
For EASA material, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
ADs@easa.europa.eu; website easa.europa.eu. You may find this material
on the EASA website at ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA-2024-0999.
You may view this 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.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3226; email: tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
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 7X airplanes. The NPRM published in the Federal Register
on April 10, 2024 (89 FR 25189). The NPRM was prompted by AD 2023-0216,
dated December 18, 2023, issued by EASA, which is the Technical Agent
for the Member States of the European Union (EASA AD 2023-0216) (also
referred to as the MCAI). The MCAI states that certain pylon BALDs
might be defective, due to incorrect manufacturing processes and
incomplete acceptance test procedures. The presence of defective LH and
RH pylon BALDs could lead to undetected pylon overheat, possibly
resulting in structural degradation or uncontrolled fire.
In the NPRM, the FAA proposed to require a one-time operational
check of affected parts and, depending on findings, accomplishment of
applicable corrective action, and to limit the installation of affected
parts under certain conditions, as specified in EASA AD 2023-0216. The
FAA is issuing this AD to address the possible presence of defective LH
and RH pylon BALDs. The unsafe condition, if not addressed, could
result in undetected pylon overheat, possibly resulting in structural
degradation or uncontrolled fire.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0999.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
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 this State of Design Authority, it
has
notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Material Under 1 CFR Part 51
EASA AD 2023-0216 specifies procedures for a one-time operational
check of affected parts, including an inspection of the routing of the
rear and front BALD loops for interference with the aircraft structure
between two grommets, an inspection of the BALD loops for overheating
and burn marks, an inspection of the area surrounding each test point
for possible interference between the hot air gun and the temperature-
sensitive piping and harnesses, a test of the BALD loops with a wide
blower nozzle for a certain crew alerting system (CAS) message, and a
test of the BALD loops with a narrow blower nozzle for a certain CAS
message; and, depending on findings, accomplishment of applicable
corrective action including replacing defective BALD loops. EASA AD
2023-0216 also provides conditions for installation of affected RH and
LH pylon BALDs.
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 150 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| 10 work-hours x $85 per hour
= $850 |
$602
|
$1,452
|
$217,800
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The FAA estimates the following costs
to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
| 10 work-hours x $85 per hour
= $850 |
$1,661
|
$2,511
|
The FAA has included all known costs
in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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.
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:
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