AD 2017-23-10

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Rules and Regulations]
[Pages 55032-55037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-24810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1023; Product Identifier 2017-NM-144-AD; Amendment 
39-19104; AD 2017-23-10]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2017-19-17, 
which applied to certain Dassault Aviation Model FALCON 900EX and 
FALCON 2000EX airplanes. AD 2017-19-17 required revising the airplane 
flight manual (AFM) to include procedures to follow when an airplane is 
operating in icing conditions. AD 2017-19-17 also required a detailed 
inspection of the wing anti-ice system ducting for the presence of a 
diaphragm, and follow-on actions (replacement of ducting or re-
identification of the ducting part marking). This new AD retains the 
actions required by AD 2017-19-17, and corrects the follow-on actions 
for certain airplanes. This AD was prompted by a determination that the 
follow-on actions specified in AD 2017-19-17 were incorrect for certain 
airplanes. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective December 1, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 27, 
2017 (82 FR 44305, September 22, 2017).
    We must receive comments on this AD by January 2, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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-2017-1023.

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-
1023; 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.

SUPPLEMENTARY INFORMATION: 

[[Page 55033]]

Discussion

    We issued AD 2017-19-17, Amendment 39-19047 (82 FR 44305, September 
22, 2017) (``AD 2017-19-17''), which applied to certain Dassault 
Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2017-19-17 
superseded AD 2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 
2016). AD 2017-19-17 was prompted by a design review of in-production 
airplanes that identified a deficiency in certain wing anti-ice system 
ducting. AD 2017-19-17 required revision of the AFM to include 
procedures to follow when an airplane is operating in icing conditions, 
the detailed inspection of the wing anti-ice system ducting for the 
presence of a diaphragm, and replacement of ducting or re-
identification of the ducting part marking. We issued AD 2017-19-17 to 
detect and correct a deficiency in the wing anti-ice system ducting, 
which could result in reduced performance of the wing anti-ice system 
with potential ice accretion and ingestion, and could result in 
degraded engine power and degraded handling characteristics.
    Since we issued AD 2017-19-17, we found that the follow-on actions 
specified in paragraphs (h)(1) and (h)(2) of AD 2017-19-17 are correct 
for Model FALCON 900EX airplanes. However, for Model FALCON 2000EX 
airplanes, the follow-on actions specified in paragraphs (h)(1) and 
(h)(2) of AD 2017-19-17 would be dependent on different conditions than 
those specified for Model FALCON 900EX airplanes. This AD corrects 
those actions for Model FALCON 2000EX airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency AD 2016-0130-E, dated July 5, 2016 (referred to after this as 
the Mandatory Continuing Airworthiness Information, or ``the MCAI''), 
to correct an unsafe condition for certain Dassault Aviation Model 
FALCON 900EX and FALCON 2000EX airplanes. The MCAI states:

    A design review of in production aeroplanes identified a 
manufacturing deficiency of some wing anti-ice system ducting.
    This condition, if not detected and corrected, could lead to an 
undetected reduced performance of the wing anti-ice system, with 
potential ice accretion and ingestion, possibly resulting in 
degraded engine power and degraded handling characteristics.
    The Falcon 900EX EASY and Falcon * * * [2000EX] Aircraft Flight 
Manuals (AFM) contain a normal procedure 4-200-05A, ``Operations in 
Icing Conditions'', addressing minimum fan speed rotation (N1) 
during combined operation of wing anti-ice and engine anti-ice 
systems. The subsequent investigation demonstrated that the wing 
anti-ice system performance for aeroplanes equipped with ducting 
affected by the manufacturing deficiency can be restored increasing 
N1 value. In addition, Dassault Aviation published Service Bulletin 
(SB) F900EX-464 (for Falcon 900EX aeroplanes) and SB F2000EX-393 
(for Falcon 2000EX aeroplanes), providing instructions for wing 
anti-ice system ducting inspection.
    For the reasons described above, this [EASA] AD requires an AFM 
amendment and a one-time [detailed] inspection of the wing anti-ice 
system ducting [and, as applicable, a check of the part number,] 
and, depending on findings, re-identification or replacement of the 
wing anti-ice system ducting.

    You may examine the MCAI on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
1023.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Service Bulletin F900EX-464, dated June 20, 
2016; and Service Bulletin F2000EX-393, dated June 20, 2016. This 
service information describes procedures for an inspection of the wing 
anti-ice system ducting and re-identification or replacement of the 
wing anti-ice system ducting. 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.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

FAA's Justification and Determination of the Effective Date

    We determined that AD 2017-19-17 contains an error in the 
description of follow-on actions that could allow the identified unsafe 
condition to continue for Model FALCON 2000EX airplanes. This AD 
corrects the follow-on actions for the Model FALCON 2000EX airplanes. 
No other changes have been made to AD 2017-19-17. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are unnecessary and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-1023; Product 
Identifier 2017-NM-144-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 52 airplanes of U.S. registry.
    The action required by AD 2017-19-17, and retained in this AD, 
takes about 5 work-hours per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the action 
that is required by AD 2017-19-17 is $425 per product. This AD adds no 
new economic burden to AD 2017-19-17.
    We also estimate that any necessary follow-on actions will take 
about 19 work-hours and require parts costing $24,000, for a cost of 
$25,615 per product. We have no way of determining the number of 
aircraft that might need these actions.

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

[[Page 55034]]

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 removing airworthiness directive (AD) 
2017-19-17, Amendment 39-19047 (82 FR 44305, September 22, 2017), and 
adding the following new AD:

2017-23-10 Dassault Aviation: Amendment 39-19104; Docket No. FAA-
2017-1023; Product Identifier 2017-NM-144-AD.

(a) Effective Date

    This AD is effective December 1, 2017.

(b) Affected ADs

    This AD replaces AD 2017-19-17, Amendment 39-19047 (82 FR 44305, 
September 22, 2017) (``AD 2017-19-17'').

(c) Applicability

    This AD applies to the Dassault Aviation airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model FALCON 900EX airplanes, serial numbers (S/Ns) 270 
through 291 inclusive and 294.
    (2) Model FALCON 2000EX airplanes, S/Ns 263 through 305 
inclusive, 307 through 313 inclusive, 315, 320, and 701 through 734 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by a design review of in-production 
airplanes that identified a deficiency in certain wing anti-ice 
system ducting. We are issuing this AD to detect and correct a 
deficiency in the wing anti-ice system ducting, which could result 
in reduced performance of the wing anti-ice system with potential 
ice accretion and ingestion, and could result in degraded engine 
power and degraded handling characteristics.

(f) Compliance

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

(g) Retained Revision to the Airplane Flight Manual (AFM), With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2017-19-17, with no changes.
    (1) For Model FALCON 900EX airplanes on which the actions 
specified in Dassault Service Bulletin F900EX-464 have not been 
accomplished: Within 10 flight cycles after September 6, 2016 (the 
effective date of AD 2016-17-02, Amendment 39-18615 (81 FR 55366, 
August 19, 2016) (``AD 2016-17-02'')), revise Section 4-200-05A, 
``OPERATION IN ICING CONDITIONS,'' of the Model FALCON 900EX AFM to 
include the information in figure 1 to paragraph (g)(1) of this AD, 
and thereafter operate the airplane accordingly. The AFM revision 
may be done by inserting a copy of this AD into the AFM.
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[[Page 55035]]

[GRAPHIC] [TIFF OMITTED] TR20NO17.000

    (2) For Model FALCON 2000EX airplanes on which the actions 
specified in Dassault Service Bulletin F2000EX-393 have not been 
accomplished: Within 10 flight cycles after September 6, 2016 (the 
effective date of AD 2016-17-02), revise Section 4-200-05A, 
``OPERATION IN ICING CONDITIONS,'' of the Model FALCON 2000EX AFM to 
include the information in figure 2 to paragraph (g)(2) of this AD, 
and thereafter operate the airplane accordingly. The AFM revision 
may be done by inserting a copy of this AD into the AFM.

[[Page 55036]]

[GRAPHIC] [TIFF OMITTED] TR20NO17.001

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(h) Retained Inspection, Part Replacement, Part Re-identification, With 
Revised Affected Airplanes

    This paragraph restates the requirements of paragraph (h) of AD 
2017-19-17, with revised affected airplanes. For Model FALCON 900EX 
airplanes: Within 9 months after October 27, 2017 (the effective 
date of AD 2017-19-17), do a detailed inspection of the wing anti-
ice system ducting (anti-ice pipe) for the presence of a diaphragm, 
and do

[[Page 55037]]

all applicable actions specified in paragraph (h)(1) or (h)(2) of 
this AD, in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F900EX-464, dated June 20, 2016. After the 
applicable actions specified in paragraph (h)(1) or (h)(2) of this 
AD have been completed, the AFM revision required by paragraph (g) 
of this AD may be removed from the AFM for that airplane.
    (1) If during the inspection required by the introductory text 
to paragraph (h) of this AD it is determined that a diaphragm is 
present: Before further flight, replace the wing anti-ice system 
ducting.
    (2) If during the inspection required by the introductory text 
to paragraph (h) of this AD it is determined that a diaphragm is not 
present: Before further flight, do a check of the anti-ice pipe part 
number and re-identify the wing anti-ice system ducting.

(i) New Actions: Inspection, Part Replacement, Part Re-identification

    For Model FALCON 2000EX airplanes: Within 9 months after the 
effective date of this AD, do a detailed inspection of the wing 
anti-ice system ducting (anti-ice pipe) for the presence of a 
diaphragm, and do all applicable actions specified in paragraph 
(i)(1) or (i)(2) of this AD, in accordance with the Accomplishment 
Instructions of Dassault Service Bulletin F2000EX-393, dated June 
20, 2016. After the applicable actions specified in paragraph (i)(1) 
or (i)(2) of this AD have been completed, the AFM revision required 
by paragraph (g) of this AD may be removed from the AFM for that 
airplane.
    (1) If during the inspection required by the introductory text 
to paragraph (i) of this AD it is determined that a diaphragm is not 
present: Before further flight, replace the wing anti-ice system 
ducting.
    (2) If during the inspection required by the introductory text 
to paragraph (i) of this AD it is determined that a diaphragm is 
present: Before further flight, do a check of the anti-ice pipe part 
number and re-identify the wing anti-ice system ducting.

(j) 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 (k)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#d6effb97989bfbe7e7e0fb979b9995fb849387839385828596b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="d2ebff939c9fffe3e3e4ff939f9d91ff809783879781868192b4b3b3fcb5bda4">[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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Emergency AD 2016-0130-E, dated July 5, 2016, 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-2017-1023.
    (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.

(l) 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.
    (3) The following service information was approved for IBR on 
October 27, 2017 (82 FR 44305, September 22, 2017).
    (i) Dassault Aviation Service Bulletin F900EX-464, dated June 
20, 2016.
    (ii) Dassault Aviation Service Bulletin F2000EX-393, dated June 
20, 2016.
    (4) 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>.
    (5) 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.
    (6) 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 November 7, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-24810 Filed 11-17-17; 8:45 am]
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