AD 2020-17-14

[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54888-54890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-19389]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0448; Product Identifier 2020-NM-050-AD; Amendment 
39-21219; AD 2020-17-14]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a 
report of hydraulic fluid on the ground near the main landing gear 
(MLG) brake assembly. The hydraulic leakage started in a cracked 
hydraulic pipe, with the crack likely due to chafing between two

[[Page 54889]]

hydraulic pipes or between hydraulic pipes and structure. This AD 
requires an inspection for chafing or interference of certain hydraulic 
pipes and certain rib passage holes, and, depending on findings, 
modification or repair, as specified in a European Union Aviation 
Safety Agency (EASA), which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 8, 
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#3e7f7a4d7e5b5f4d5f105b4b4c514e5f105b4b"><span class="__cf_email__" data-cfemail="36777245765357455718534344594657185343">[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, Airworthiness Products Section, Operational Safety 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="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0448.

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-2020-
0448; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; 
email <a href="/cdn-cgi/l/email-protection#9eeaf1f3b0ecf1faecf7f9ebfbe4def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="51253e3c7f233e3523383624342b113730307f363e27">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0072, dated March 26, 2020 
(``EASA AD 2020-0072'') (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 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 Falcon 10 airplanes. The NPRM published in the Federal Register 
on May 7, 2020 (85 FR 27170). The NPRM was prompted by a report of 
hydraulic fluid on the ground near the MLG brake assembly. The 
hydraulic leakage started in a cracked System #2 hydraulic pipe, with 
the crack likely due to chafing between two hydraulic pipes or between 
hydraulic pipes and structure. The NPRM proposed to require an 
inspection for chafing or interference of the hydraulic pipes and 
certain rib passage holes, and, depending on findings, modification or 
repair, as specified in an EASA AD.
    The FAA is issuing this AD to address chafed or cracked hydraulic 
pipes, which could lead to hydraulic fluid leakage near an ignition 
source and possibly result in an uncontained fire. See the MCAI for 
additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. Hailey Berk indicated support for the NPRM.

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 as proposed, except for 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0072 describes procedures for an inspection for 
chafing or interference of the System #2 hydraulic pipes and rib 1 to 
rib 2a passage holes, and, depending on findings, modification to 
prevent interference or chafing at rib passage holes or repair. 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.

Costs of Compliance

    The FAA estimates that this AD affects 85 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                 Labor cost                               Parts cost                  product        operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170..........  None..............................            $170         $14,450
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
Up to 24 work-hours x $85 per     Up to $5,500......  Up to $7,540.
 hour = $2,040.
------------------------------------------------------------------------


[[Page 54890]]

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.

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):

2020-17-14 Dassault Aviation: Amendment 39-21219; Docket No. FAA-
2020-0448; Product Identifier 2020-NM-050-AD.

(a) Effective Date

    This AD is effective October 8, 2020.

(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 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a report of hydraulic fluid on the 
ground near the main landing gear brake assembly. The hydraulic 
leakage started in a cracked System #2 hydraulic pipe, with the 
crack likely due to chafing between two hydraulic pipes or between 
hydraulic pipes and structure. The FAA is issuing this AD to address 
chafed or cracked hydraulic pipes, which could lead to hydraulic 
fluid leakage near an ignition source and possibly result in an 
uncontained fire.

(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 Union Aviation Safety Agency (EASA) AD 
2020-0072, dated March 26, 2020 (``EASA AD 2020-0072'').

(h) Exceptions to EASA AD 2020-0072

    (1) Where EASA AD 2020-0072 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0072 does not apply 
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#536a7e1205007e121a017e6460637e121e1c10133532327d343c25"><span class="__cf_email__" data-cfemail="c4fde9859297e9858d96e9f3f7f4e985898b8784a2a5a5eaa3abb2">[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, Large Aircraft 
Section, International Validation 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.

(j) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226; email <a href="/cdn-cgi/l/email-protection#3743585a19455853455e5042524d7751565619505841"><span class="__cf_email__" data-cfemail="12667d7f3c607d76607b75677768527473733c757d64">[email&#160;protected]</span></a>.

(k) 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 Union Aviation Safety Agency (EASA) AD 2020-0072, 
dated March 26, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0072, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="e0a1a493a085819381ce8595928f9081ce8595">[email&#160;protected]</span></a>; Internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material 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-2020-0448.
    (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, email 
<a href="/cdn-cgi/l/email-protection#1a7c7f7e687f7d34767f7d7b765a747b687b347d756c"><span class="__cf_email__" data-cfemail="0d6b68697f686a2361686a6c614d636c7f6c236a627b">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on August 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-19389 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P