AD 2019-03-27

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7801-7804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-03723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0115; Product Identifier 2019-NM-024-AD; Amendment 
39-19579; AD 2019-03-27]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model Falcon 10 airplanes. 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. 
This AD requires repetitive detailed inspections of certain wing anti-
ice outboard flexible hoses, and replacement of certain wing anti-ice 
outboard flexible hoses, as specified in an European Aviation Safety 
Agency (EASA) Emergency AD, which is incorporated by reference. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective March 8, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 8, 
2019.
    We must receive comments on this AD by April 19, 2019.

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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the incorporation by reference (IBR) material described in the 
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#38797c4b785d594b59165d4d4a574859165d4d"><span class="__cf_email__" data-cfemail="cf8e8bbc8faaaebcaee1aababda0bfaee1aaba">[email&#160;protected]</span></a>; 
internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR material at 
the FAA, Transport Standards 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

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-2019-

[[Page 7802]]

0115; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2019-0040-E, dated 
February 21, 2019 (``EASA Emergency AD 2019-0040-E'') (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 MCAI states:

    Occurrences were reported, involving Falcon 10 aeroplanes, where 
wing anti-ice outboard flexible hoses P/N [part number] 115S018A315 
were found damaged. Investigation shows that those damages are most 
likely due to the installation process.
    This condition, if not corrected, could lead to a loss of 
performance of the wing anti-ice protection system not annunciated 
to the pilot, possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, Dassault published 
the SB [Alert Service Bulletin F10-338] to provide inspection 
instructions.
    For the reason described above, this [EASA] AD requires a one-
time inspection of the wing anti-ice outboard flexible hoses and, 
depending on findings, further inspection(s) or replacement. This 
[EASA] AD also provides instructions for installation of an affected 
part on an aeroplane.

Related IBR Material Under 1 CFR Part 51

    EASA Emergency AD 2019-0040-E describes procedures for repetitive 
detailed inspections for damage of wing anti-ice outboard flexible 
hoses having P/N 115S018A315, and replacement of affected wing anti-ice 
outboard flexible hoses. 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, and it is 
publicly available through the EASA website.

FAA's Determination

    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 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 the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA 
Emergency AD 2019-0040-E described previously, except for any 
differences identified as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with EASA to develop a process to use certain 
EASA ADs as the primary source of information for compliance with 
requirements for corresponding FAA ADs. As a result, EASA Emergency AD 
2019-0040-E is incorporated by reference in the FAA final rule. This 
AD, therefore, requires compliance with the provisions specified in 
EASA Emergency AD 2019-0040-E, except for any differences identified as 
exceptions in the regulatory text of this AD. Service information 
specified in EASA Emergency AD 2019-0040-E that is required for 
compliance with EASA Emergency AD 2019-0040-E is available on the 
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2019-0115.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because damaged wing anti-ice outboard flexible hoses 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. Therefore, we find good cause that notice and opportunity for 
prior public comment are impracticable. In addition, for the reasons 
stated above, we find that good cause exists for making this amendment 
effective in less 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-2019-0115; Product 
Identifier 2019-NM-024-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 based on 
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 54 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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9 work-hours x $85 per hour = $765...........................              $0             $765          $41,310
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[[Page 7803]]

    We estimate the following costs to do any necessary on-condition 
action that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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9 work-hours x $85 per hour = $765....            $317           $1,082
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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 and 
associated appliances 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):

2019-03-27 Dassault Aviation: Amendment 39-19579; Docket No. FAA-
2019-0115; Product Identifier 2019-NM-024-AD.

(a) Effective Date

    This AD becomes effective March 8, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10 
airplanes, certificated in any category.

(d) Subject

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

(e) Reason

    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. We are 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.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Aviation Safety Agency (EASA) Emergency AD 
2019-0040-E, dated February 21, 2019 (``EASA Emergency AD 2019-0040-
E'').

(h) Exceptions to EASA Emergency AD 2019-0040-E

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA Emergency AD 2019-0040-E refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (2) The ``Remarks'' section of EASA Emergency AD 2019-0040-E 
does not apply to this AD.
    (3) Where EASA Emergency AD 2019-0040-E refers to paragraph (4) 
of EASA AD 2017-0108 for applicable life limits, for this AD refer 
to FAA AD 2016-19-07, Amendment 39-18656 (81 FR 63688, September 16, 
2016).

(i) No Reporting Requirement

    Although the service information referenced in EASA Emergency AD 
2019-0040-E specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(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) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#82bbafc3cccfafb3b3b4afc3cfcdc1afd0c7d3d7c7d1d6d1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="566f7b17181b7b6767607b171b19157b04130703130502051630373778313920">[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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section,

[[Page 7804]]

Transport Standards Branch, FAA; or EASA; or Dassault Aviation's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA Emergency AD 2019-0040-E that contains RC 
procedures and tests: Except as required by paragraph (j)(2) of this 
AD, RC procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.

(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.
    (i) European Aviation Safety Agency (EASA) Emergency AD 2019-
0040-E, dated February 21, 2019.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2019-0040-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 
6017; email <a href="/cdn-cgi/l/email-protection#2b6a6f586b4e4a584a054e5e59445b4a054e5e"><span class="__cf_email__" data-cfemail="f8b9bc8bb89d998b99d69d8d8a978899d69d8d">[email&#160;protected]</span></a>; Internet www.easa.europa.eu. You may 
find this EASA Emergency AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this EASA Emergency AD at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. EASA Emergency AD 2019-0040-E 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-2019-0115.
    (5) You may view this material 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 Des Moines, Washington, on February 25, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-03723 Filed 3-4-19; 8:45 am]
 BILLING CODE 4910-13-P