AD 2017-16-09

[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39525-39529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-16579]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0130; Product Identifier 2016-NM-058-AD; Amendment 
39-18986; AD 2017-16-09]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model MYSTERE-FALCON 50 airplanes and FALCON 2000 
airplanes. This AD was prompted by a report indicating that during 
ground maintenance, a Model FALCON 2000 airplane experienced a loss of 
hydraulic pressure affecting both hydraulic systems due to damage to 
both brake hoses on the main landing gear (MLG). This AD requires an 
inspection for certain brake hoses, installation of protective wraps or 
installation of certain brake hoses, and replacement of certain brake 
hoses. We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective September 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 25, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 
2000, South Hackensack, NJ 07606; telephone: 201-440-6700; Internet: 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this material 
at the FAA, call 425-227-1221. It is also available on the Internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2017-0130.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0130; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, 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, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425-
227-1149.

[[Page 39526]]


SUPPLEMENTARY INFORMATION:

Discussion

    We 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 
MYSTERE-FALCON 50 airplanes and FALCON 2000 airplanes. The NPRM 
published in the Federal Register on March 23, 2017 (82 FR 14832) 
(``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2013-0255, dated October 23, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 50 airplanes and FALCON 2000 airplanes. The MCAI states:

    During ground maintenance, a Falcon 2000 aeroplane experienced a 
loss of hydraulic pressure, affecting both hydraulic systems.
    The investigation results revealed that this event was due to 
damage to both brake hoses on the same main landing gear (MLG), 
which chafed against the torque link assembly during MLG extension/
retraction cycle. The Part Numbers (P/N) of the affected brake hoses 
are P/N AE705317-1 and P/N 00-200-1268, which are made of a braided 
stainless steel sleeve.
    This condition, if not detected and corrected, could lead to 
loss of braking during landing or a rejected take-off, possibly 
resulting in a runway excursion. In addition, there is a risk of 
fire if the leaking brake hydraulic fluid reaches hot parts.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the brake hoses to identify the P/N and determine 
the presence of protection against chafing and, depending on 
findings, installation of protective wraps or replacement of the 
brake hoses with serviceable parts that have a Dacron sleeve 
protection.

You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0130.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Clarify the Applicability

    Dassault Aviation requested that the ``Applicability'' paragraph of 
the proposed AD be clarified. Dassault Aviation stated the 
``Applicability'' paragraph should be clarified to state that the 
proposed AD affects Dassault Aviation Model MYSTERE-FALCON 50 airplanes 
(including all commercial variants) and FALCON 2000 airplanes. Dassault 
Aviation stated that all commercial variants include F50EX airplanes.
    We agree to clarify the applicability of this AD. Paragraph (c) of 
this AD specifies all Dassault Aviation Model MYSTERE-FALCON 50 
airplanes and FALCON 2000 airplanes. The applicability of this AD 
identifies model designations as published in the most recent type 
certificate data sheet for the affected models. We have revised this AD 
by adding a new Note 1 to paragraph (c) of this AD to state that Model 
MYSTERE-FALCON 50 airplanes include all commercial variants, including 
F50EX airplanes.

Request To Revise the Compliance Time Threshold

    NetJets requested that we revise the compliance time threshold in 
paragraph (h) of the proposed AD. NetJets commented that paragraph (h) 
of the proposed AD requires that the protective wrap installation be 
performed concurrently with paragraph (g) of the proposed AD. NetJets 
stated that if the compliance time threshold in paragraph (h) of the 
proposed AD was changed to ``within 9 months after the effective date 
of this AD,'' it would allow a records review per paragraph (g) and 
compliance with paragraph (h) without unnecessarily grounding airplanes 
and also maintain the intended compliance threshold of the NPRM. 
NetJets stated that paragraph (g) of the proposed AD may be performed 
by a records inspection, which could be accomplished independently of 
access to the airplane and could possibly ground an airplane due to 
records discrepancies well before the compliance time threshold 
specified in paragraph (g) of the proposed AD.
    We agree with the commenter's request. We have revised paragraph 
(h) of this AD to include a compliance time of 9 months, which 
corresponds with the compliance time in the MCAI.

Request To Use Messier-Dowty Service Information

    NetJets requested that the NPRM be revised to include Messier-Dowty 
service information as an optional method of compliance. NetJets stated 
that paragraph (i) of the proposed AD specifies compliance using 
Dassault Service Bulletin F50-518, dated April 14, 2011, and Dassault 
Service Bulletin F2000-368, dated May 29, 2009, which incorporate 
Messier-Dowty Service Bulletin C23791-32-062, dated February 22, 2011, 
and Messier-Dowty Service Bulletin D23345-32-020, dated May 14, 2009, 
respectively. Net Jets stated that new and overhauled landing gear 
include compliance information with the Messier-Dowty service 
information, but not with the Dassault service information; therefore, 
compliance with the Messier-Dowty service information should be 
included as optional methods of compliance with paragraph (i) of the 
proposed AD in addition to the Dassault service information.
    We agree with the commenter's request. We agree that in the 
Accomplishment Instructions of Dassault Service Bulletin F50-518, dated 
April 14, 2011; and Dassault Service Bulletin F2000-368, dated May 29, 
2009, specifies to replace the MLG brake hose using Messier-Dowty 
Service Bulletin C23791-32-062, dated February 22, 2011, and Messier-
Dowty Service Bulletin D23345-32-020, dated May 14, 2009, as 
applicable. For clarification, we have added Note 2 to paragraphs 
(h)(2) and (i) of this AD to state that Dassault Service Bulletin F50-
518, dated April 14, 2011, refers to Messier-Dowty Service Bulletin 
C23791-32-062, dated February 22, 2011; and Dassault Service Bulletin 
F2000-368, dated May 29, 2009, refers to Messier-Dowty Service Bulletin 
D23345-32-020, dated May 14, 2009; as additional sources of guidance 
for doing the replacement of certain brake hoses.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We have reviewed the following Dassault service information.
    <bullet> Dassault Service Bulletin F50-510, Revision 2, dated 
December 20, 2012; and Dassault Service Bulletin F2000-382, Revision 2, 
dated May 12, 2011. This service information describes procedures for 
an inspection of the brake hoses to identify whether brake hoses having 
certain part numbers are

[[Page 39527]]

installed, and installation of protective wraps on the brake hoses or 
installation of certain brake hoses that are fitted with Dacron 
sleeves. These documents are distinct since they apply to different 
airplane models.
    <bullet> Dassault Service Bulletin F50-518, dated April 14, 2011; 
and Dassault Service Bulletin F2000-368, dated May 29, 2009. This 
service information describes replacement of certain brake hoses. These 
documents are distinct since they apply to different airplane models.
    This service information 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

    We estimate that this AD affects 302 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  1 work-hour x $85 per hour               $0             $85         $25,670
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations 
and replacements that would be required based on the results of the 
inspection. We have no way of determining the number of aircraft that 
might need these installations and replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of brake hose.................  1 work-hour x $85 per hour = $85...            $340            $425
Installation of protective wraps...........  1 work-hour x $85 per hour = $85...             340             425
Replacement................................  1 work-hour x $85 per hour = $85...             340             425
----------------------------------------------------------------------------------------------------------------

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.
    We are 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 is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-16-09 Dassault Aviation: Amendment 39-18986; FAA-2017-0130; 
Product Identifier 2016-NM-058-AD.

(a) Effective Date

    This AD is effective September 25, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 50 
airplanes and FALCON 2000 airplanes, certificated in any category, 
all serial numbers.
    Note 1 to paragraph (c) of this AD: Model MYSTERE-FALCON 50 
airplanes include all commercial variants, including F50EX 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report indicating that during ground 
maintenance, a Model FALCON 2000 airplane experienced a loss of 
hydraulic pressure affecting both hydraulic systems due to damage to 
both

[[Page 39528]]

brake hoses on the main landing gear (MLG). We are issuing this AD 
to detect and correct unprotected brake hoses, which could lead to 
loss of braking during landing or a rejected take-off, and result in 
a runway excursion and a risk of fire if the leaking brake hydraulic 
fluid reaches hot parts.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 9 months after the effective date of this AD, inspect the 
brake hoses to identify whether any brake hose having part number 
(P/N) AE705317-1 or P/N 00-200-1268 is installed. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the brake hose can be conclusively 
determined from that review.

(h) Installation

    If, during the inspection required by paragraph (g) of this AD, 
it is determined that any brake hose having P/N AE705317-1 or P/N 
00-200-1268 is installed, within 9 months after the effective date 
of this AD, do the actions specified in paragraph (h)(1) or (h)(2) 
of this AD.
    (1) Install protective wraps on the brake hoses, in accordance 
with the Accomplishment Instructions of Dassault Service Bulletin 
F50-510, Revision 2, dated December 20, 2012; or Dassault Service 
Bulletin F2000-382, Revision 2, dated May 12, 2011; as applicable.
    (2) Install brake hoses having P/N 00-200-1534 that are fitted 
with Dacron sleeves, in accordance with the Accomplishment 
Instructions of Dassault Service Bulletin F50-518, dated April 14, 
2011; or Dassault Service Bulletin F2000-368, dated May 29, 2009; as 
applicable.
    Note 2 to paragraphs (h)(2) and (i) of this AD: Dassault Service 
Bulletin F50-518, dated April 14, 2011, refers to Messier-Dowty 
Service Bulletin C23791-32-062, dated February 22, 2011; and 
Dassault Service Bulletin F2000-368, dated May 29, 2009, refers to 
Messier-Dowty Service Bulletin D23345-32-020, dated May 14, 2009; as 
additional sources of guidance for doing the replacement.

(i) Replacement

    Within 6,000 flight cycles, or within 149 months, whichever 
occurs first after the effective date of this AD: Replace brake 
hoses having P/N AE705317-1 and P/N 00-200-1268 with brake hoses 
having P/N 00-200-1534 that are fitted with Dacron sleeves, in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin F50-518, dated April 14, 2011; or Dassault Service Bulletin 
F2000-368, dated May 29, 2009; as applicable. Once brake hoses 
having P/N 00-200-1534 are fitted in an MLG leg, no further action 
is required for that MLG leg, as specified in paragraph (j) of this 
AD.

(j) Provisions for Unaffected MLG Leg Assemblies

    If, during the inspection required by paragraph (g) of this AD, 
it is determined that the airplane is equipped with an MLG leg 
assembly with a part number specified in table 1 to paragraph (j) of 
this AD, the requirement of paragraph (h) of this AD is not 
applicable, provided that the MLG leg assembly has not been modified 
in service after its installation on an airplane.

                       Table 1 to Paragraph (j) of This AD--MLG Leg Assembly Not Affected
----------------------------------------------------------------------------------------------------------------
                   Model                          MLG leg position                       Part No.
----------------------------------------------------------------------------------------------------------------
MYSTERE-FALCON 50 airplanes...............  Left Hand (LH).............  C23791-1009 amdt F.
MYSTERE-FALCON 50 airplanes...............  Right Hand (RH)............  C23792-1009 amdt F.
FALCON 2000...............................  LH.........................  D23345000-7 amdt B.
FALCON 2000...............................  RH.........................  D23346000-7 amdt B.
----------------------------------------------------------------------------------------------------------------

    Note 3 to paragraph (j) of this AD: The parts specified in table 
1 to paragraph (j) of this AD are known to be delivered with brake 
hoses having P/N 00-200-1534 that are fitted with Dacron sleeves.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
brake hose having P/N AE705317-1 or P/N 00-200-1268 on any airplane, 
unless the brake hose has been inspected to verify that protective 
wraps are installed on the hose, in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F50-510, 
Revision 2, dated December 20, 2012; or Dassault Service Bulletin 
F2000-382, Revision 2, dated May 12, 2011; as applicable.

(l) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a brake hose having P/N AE705317-1 or P/N 00-200-1268, 
or an MLG leg or shock absorber equipped with a brake hose having P/
N AE705317-1 or P/N 00-200-1268, after the actions in paragraphs 
(h)(2) or (i) of this AD are done.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h)(1) and (k) of this AD, if those actions were 
performed before the effective date of this AD using Dassault 
Service Bulletin F50-510, Revision 1, dated December 15, 2010; or 
Dassault Service Bulletin F2000-382, Revision 1, dated December 15, 
2010.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (o)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#a29b8fe3ecef8f9393948fe3efede18ff0e7f3f7e7f1f6f1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="063f2b47484b2b3737302b474b49452b54435753435552554660676728616970">[email&#160;protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Dassault Aviation's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2013-0255, dated October 23, 2013, for related 
information. This MCAI may be found in the AD docket on the Internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2017-0130.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 
425-227-1137; fax: 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Service Bulletin F50-510, Revision 2, dated 
December 20, 2012.
    (ii) Dassault Service Bulletin F50-518, dated April 14, 2011.
    (iii) Dassault Service Bulletin F2000-368, dated May 29, 2009.
    (iv) Dassault Service Bulletin F2000-382, Revision 2, dated May 
12, 2011.

[[Page 39529]]

    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone: 201-440-6700; Internet: 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-16579 Filed 8-18-17; 8:45 am]
 BILLING CODE 4910-13-P