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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1402; Project Identifier MCAI-2023-00324-T;
Amendment 39-22549; AD 2023-18-08]
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
certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX,
FALCON 2000, and FALCON 2000EX airplanes. This AD was prompted by
reports of the wing anti-icing (WAI) system leaking in the wing leading
edge. This AD requires a one-time inspection of the WAI system, and
corrective actions if necessary, 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 November 7, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 7,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1402; 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 material incorporated by reference in this AD, 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 ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
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 at regulations.gov
under Docket No. FAA-2023-1402.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 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 certain Dassault
Aviation Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and
FALCON 2000EX airplanes. The NPRM published in the Federal Register on
July 10, 2023 (88 FR 43477). The NPRM was prompted by AD 2023-0041,
dated February 21, 2023, issued by EASA, which is the Technical Agent
for the Member States of the European Union (EASA AD 2023-0041) (also
referred to as the MCAI). The MCAI states the WAI system was reported
leaking in the wing leading edge. The leaks were either from an
incorrect installation of the Wiggins coupling on the WAI system, or
detachment of the pressure switch line from the WAI pipe (only found on
the Falcon 2000 and Falcon 2000EX airplanes). This condition, if not
detected and corrected, could lead to a loss of performance of WAI
protection system, possibly resulting in reduced control of the
airplane.
In the NPRM, the FAA proposed to require a one-time inspection of
the WAI system, and corrective actions if necessary, as specified in
EASA AD 2023-0041. The FAA is issuing this AD to address the unsafe
condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1402.
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 Service Information Under 1 CFR Part 51
EASA AD 2023-0041 specifies procedures for a one-time general
visual inspection of the WAI system for discrepancies, including
incorrect installation, deformation, leakage or signs of overheating,
and lack of free rotation of the clamp around the two ferrules, and,
depending on findings, corrective actions. Corrective actions include
replacement or re-installation of the affected WAI Wiggins coupling
with new seals and couplings. For the Falcon 2000 and Falcon 2000EX
airplanes, there is an additional one-time general visual inspection of
the WAI pipes for traces of abnormal leakage, overheating, or
degradation of the thermal lagging, and depending on findings,
corrective actions. Corrective actions are for replacement of the
affected WAI pipes. 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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 820 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
|
| 7 work-hours x $85 per hour =
$595 |
$0
|
$595
|
$487,900
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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
|
Labor cost
|
Parts cost
|
Cost per product
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| Up to 2 work-hours x $85 per
hour = Up to $170 |
$517
|
Up to $687
|
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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