AD 2019-23-18

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68034-68037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-26676]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0604; Product Identifier 2019-NM-072-AD; Amendment 
39-19812; AD 2019-23-18]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model MYSTERE FALCON 50, MYSTERE FALCON 900, and 
FALCON 900EX airplanes; and Model FALCON 2000 and FALCON 2000EX 
airplanes. This AD was prompted by a report that the Dassault 
maintenance planning document (MPD) of the related Dassault aircraft 
maintenance manual (AMM) states that the ``combined service/storage 
life'' of the fire extinguisher percussion cartridges is longer than it 
should be, and could have a safety impact in case of fire. This AD 
requires replacing the fire extinguisher percussion cartridges with 
serviceable parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 17, 2020.

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 service information 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0604.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0604; 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 regulatory evaluation, 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.

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 European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0084, dated April 17, 2019 (``EASA AD 2019-0084'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model MYSTERE FALCON 50, MYSTERE FALCON 900, and FALCON 900EX 
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes. You may 
examine the MCAI in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0604.
    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 MYSTERE FALCON 50, MYSTERE FALCON 900, and FALCON 900EX 
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes. The NPRM 
published in the Federal Register on August 13, 2019 (84 FR 39991). The 
NPRM was prompted by a report that the Dassault MPD of the related 
Dassault AMM states that the ``combined service/storage life'' of the 
fire extinguisher percussion cartridges is longer than it should be, 
and could have a safety impact in case of fire. The NPRM proposed to 
require replacing the fire extinguisher percussion cartridges with 
serviceable parts. The FAA is issuing this AD to address the total life 
limit of the fire extinguisher percussion cartridges, which if not 
corrected, could prevent extinguishing a fire and possibly result in 
damage to the airplane

[[Page 68035]]

and injury to occupants. See the MCAI for additional background 
information.

Comments

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

Request To Add Certain Language to the Proposed AD

    NetJets, Inc., requested that certain language be added to the 
proposed AD that allows using a logbook entry to determine the 
manufacturer date of the fire extinguisher percussion cartridge.
    The FAA agrees to clarify. The FAA agrees that a review of the 
logbook entry is one acceptable method to verify the manufacturer date 
of the fire extinguisher percussion cartridge, provided that the 
manufacture date can be conclusively determined from that review. 
However, the FAA notes that this AD does not require using a specific 
method to determine the manufacturer date of the fire extinguisher 
percussion cartridge. Therefore, the FAA has not revised this AD in 
this regard.

Change to Figure 1 to Paragraph (i) of This AD

    In the proposed AD, the FAA inadvertently omitted one AMM task in 
figure 1 to paragraph (i) of this AD, which specifies AMM tasks that 
provide guidance for the replacement required by paragraph (h) of this 
AD. The FAA has revised figure 1 to paragraph (i) of this AD to include 
the omitted AMM task for the auxiliary power unit (APU) on Model FALCON 
2000 and FALCON 2000EX airplanes.

Conclusion

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

Costs of Compliance

    The FAA estimates that this AD affects 1,013 airplanes of U.S. 
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................          $1,145           $1,655       $1,676,515
----------------------------------------------------------------------------------------------------------------

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.
    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

    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.

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):

2019-23-18 Dassault Aviation: Amendment 39-19812; Docket No. FAA-
2019-0604; Product Identifier 2019-NM-072-AD.

(a) Effective Date

    This AD is effective January 17, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model MYSTERE FALCON 
50, MYSTERE FALCON 900, and FALCON 900EX airplanes; and Model FALCON 
2000 and FALCON 2000EX airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by a report that the Dassault maintenance 
planning document (MPD) of the related Dassault aircraft maintenance 
manual (AMM) mentions that

[[Page 68036]]

the ``combined service/storage life'' of the fire extinguisher 
percussion cartridges is 12 years, whereas it should be 10 years, 
and could have a safety impact in case of fire. The FAA is issuing 
this AD to address the total life limit of the fire extinguisher 
percussion cartridges, which if not corrected, could prevent 
extinguishing a fire and possibly result in damage to the airplane 
and injury to occupants.

(f) Compliance

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

(g) Definitions

    For the purpose of this AD, the definitions specified in 
paragraphs (g)(1) through (4) apply to this AD.
    (1) An affected part is a fire extinguisher percussion cartridge 
having part number (P/N) 862700-00 or P/N 862710-00.
    (2) Total life is time since the manufacturing date, which 
includes both the time installed on an airplane and time in storage.
    (3) A serviceable part is an affected part that has not exceeded 
10 years of total life, or a fire extinguisher percussion cartridge 
that is not an affected part.
    (4) Group 1 airplanes are those that have an affected part 
installed. Group 2 airplanes are those that do not have an affected 
part installed.

(h) Total Life Limit Implementation

    For Group 1 airplanes, except as specified in paragraph (j) of 
this AD: Before a fire extinguisher percussion cartridge exceeds 10 
years of total life, remove the affected part and replace it with a 
serviceable part in accordance with the procedures specified in 
paragraph (l)(2) of this AD.

(i) Guidance for Replacement Required by Paragraph (h) of This AD

    Guidance for the replacement required by paragraph (h) of this 
AD can be found in the applicable Dassault AMM task specified in 
figure 1 to paragraph (i) of this AD.

                                      Figure 1 to Paragraph (i)--AMM Tasks
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                 Airplane model                                   Location                        AMM task
----------------------------------------------------------------------------------------------------------------
MYSTERE FALCON 50 airplanes.....................  Engine 1 first shoot...................    26-20-13-960-801-01
                                                  Engine 2 first shoot...................    26-20-13-960-801-02
                                                  Engine 3 first shoot...................    26-20-13-960-801-03
                                                  Engine 1 second shoot..................    26-20-13-960-801-04
                                                  Engine 2 second shoot..................    26-20-13-960-801-05
                                                  Engine 3 second shoot..................    26-20-13-960-801-06
FALCON 2000 and FALCON 2000EX airplanes.........  Engine 1 first shoot...................    26-20-13-960-801-01
                                                  Engine 1 second shoot..................    26-20-13-960-801-02
                                                  Engine 2 second shoot..................    26-20-13-960-801-03
                                                  Engine 2 first shoot...................    26-20-13-960-801-04
                                                  Auxiliary Power Unit (APU).............    26-20-13-960-801-05
MYSTERE FALCON 900 and FALCON 900EX airplanes...  Engine 1 first shoot...................    26-20-13-960-801-01
                                                  Engine 3 first shoot...................    26-20-13-960-801-02
                                                  Engine 2 second shoot left-hand side...    26-20-13-960-801-03
                                                  Engine 2 second shoot right-hand side..    26-20-13-960-801-04
                                                  Engine 1 second shoot..................    26-20-13-960-801-05
                                                  Engine 3 second shoot..................    26-20-13-960-801-06
                                                  Engine 2 first shoot left-hand side....    26-20-13-960-801-07
                                                  Engine 2 first shoot right-hand side...    26-20-13-960-801-08
                                                  APU....................................    26-20-13-960-801-09
                                                  Baggage compartment....................    26-20-13-960-801-10
                                                  Mechanic's Servicing Compartment.......    26-20-13-960-801-11
----------------------------------------------------------------------------------------------------------------

(j) Grace Period for Initial Replacement

    For Group 1 airplanes: For a fire extinguisher percussion 
cartridge that, on the effective date of this AD, has a total life 
of 9 years 6 months or more, the replacement required by paragraph 
(h) of this AD can be deferred up to 6 months after the effective 
date of this AD.

(k) Parts Installation Limitations

    For Group 1 and Group 2 airplanes: As of the effective date of 
this AD, no person may install, on any airplane, a fire extinguisher 
percussion cartridge, unless the part is a serviceable part as 
specified in this AD, and that, following installation, the affected 
part is replaced as required by paragraph (h) of this AD.

(l) 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 (m)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#90a9bdd1deddbda1a1a6bdd1dddfd3bdc2d5c1c5d5c3c4c3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="11283c505f5c3c2020273c505c5e523c4354404454424542517770703f767e67">[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 Union 
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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0084, dated April 17, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2019-0604.
    (2) 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.
    (3) For service information identified in this AD that is not 
incorporated by reference, 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 service information 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.

(n) Material Incorporated by Reference

    None.


[[Page 68037]]


    Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26676 Filed 12-12-19; 8:45 am]
 BILLING CODE 4910-13-P