[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11111-11113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T; 
Amendment 39-21415; AD 2021-03-12]
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 superseding Airworthiness Directive (AD) 2019-03-
27, which applied to all Dassault Aviation Model Falcon 10 airplanes. 
AD 2019-03-27 required repetitive detailed inspections of certain wing 
anti-ice outboard flexible hoses, and replacement of certain wing anti-
ice outboard flexible hoses. This AD continues to require the actions 
in AD 2019-03-27, and also adds a new life limit for the improved wing 
anti-ice flexible hose; as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. 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, and the development of an improved wing anti-ice 
flexible hose. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective March 31, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 31, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#91d0d5e2d1f4f0e2f0bff4e4e3fee1f0bff4e4"><span class="__cf_email__" data-cfemail="b3f2f7c0f3d6d2c0d29dd6c6c1dcc3d29dd6c6">[email protected]</span></a>; internet: 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0977.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0977; 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; phone and fax: 206-231-3226; 
email: <a href="/cdn-cgi/l/email-protection#0f7b6062217d606b7d66687a6a754f696e6e21686079"><span class="__cf_email__" data-cfemail="41352e2c6f332e2533282634243b012720206f262e37">[email 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 2020-0127, dated June 4, 2020 (EASA 
AD 2020-0127) (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 to supersede AD 2019-03-27, Amendment 39-19579 (84 FR 7801, 
March 5, 2019) (AD 2019-03-27). AD 2019-03-27 applied to all Dassault 
Aviation Model Falcon 10 airplanes. The NPRM published in the Federal 
Register on November 2, 2020 (85 FR 69269). The NPRM was prompted by a 
report indicating that certain wing anti-ice outboard flexible hoses 
were found damaged, likely resulting from the installation process, and 
the development of an improved wing anti-ice flexible hose. The NPRM 
proposed to continue to require the actions in AD 2019-03-27, as 
specified in an EASA AD. The NPRM also proposed to require adding a new 
life limit for the improved wing anti-ice flexible hose, as specified 
in EASA AD 2020-0127.
    The FAA is 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. See the 
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data 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 Service Information Under 1 CFR Part 51

    EASA AD 2020-0127 describes procedures for repetitive detailed 
inspections of certain wing anti-ice outboard flexible hoses, 
replacement of certain wing anti-ice outboard flexible hoses, a new 
life limit for certain wing anti-ice outboard flexible hoses, and 
optional terminating actions for the repetitive inspections 
(replacement of all damaged affected wing anti-ice outboard flexible 
hoses or accomplishing and passing an inspection on an affected wing 
anti-ice outboard flexible hose after it has accumulated 100 flight 
cycles since installation on an airplane). 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 54 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 11112]]



                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD                9 work-hours x $85 per                $0            $765         $41,310
 2019[dash]03[dash]27.                   hour = $765.
New proposed actions..................  9 work-hours x $85 per               316           1,081          58,374
                                         hour = $765.
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    The FAA estimates the following costs to do any necessary on-
condition replacements 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 replacements:

                 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......            $316          $1,081
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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.
    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:
0
a. Removing Airworthiness Directive (AD) 2019-03-27, Amendment 39-19579 
(84 FR 7801, March 5, 2019), and
0
b. Adding the following new airworthiness directive:

2021-03-12 Dassault Aviation: Amendment 39-21415; Docket No. FAA-
2020-0977; Project Identifier MCAI-2020-01106-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 31, 2021.

(b) Affected AD

    This AD replaces AD 2019-03-27, Amendment 39-19579 (84 FR 7801, 
March 5, 2019) (AD 2019-03-27).

(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, and the development of an 
improved wing anti-ice flexible hose. The FAA is 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 Union Aviation Safety Agency (EASA) AD 
2020-0127, dated June 4, 2020 (EASA AD 2020-0127).

(h) Exceptions to EASA AD 2020-0127

    (1) Where EASA AD 2020-0127 refers to February 25, 2019 (the 
effective date of EASA AD 2019-0040-E, dated February 21, 2019), 
this AD requires using March 8, 2019 (the effective date of AD 2019-
03-27).
    (2) Where EASA AD 2020-0127 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2020-0127 does not apply 
to this AD.
    (4) Where EASA AD 2020-0127 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 AD 2020-0127 
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, 
Large Aircraft Section, International Validation Branch,

[[Page 11113]]

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 
responsible Flight Standards 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 (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#596074180f0a7418100b746e6a69741814161a193f3838773e362f"><span class="__cf_email__" data-cfemail="fac3d7bbaca9d7bbb3a8d7cdc9cad7bbb7b5b9ba9c9b9bd49d958c">[email protected]</span></a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards 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.

(k) 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; phone and 
fax: 206-231-3226; email: <a href="/cdn-cgi/l/email-protection#582c3735762a373c2a313f2d3d22183e3939763f372e"><span class="__cf_email__" data-cfemail="daaeb5b7f4a8b5bea8b3bdafbfa09abcbbbbf4bdb5ac">[email protected]</span></a>.

(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 
March 31, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0127, 
dated June 4, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0127, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#3c7d784f7c595d4f5d1259494e534c5d125949"><span class="__cf_email__" data-cfemail="7130350231141002105f1404031e01105f1404">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0977.
    (6) 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#b9dfdcddcbdcde97d5dcded8d5f9d7d8cbd897ded6cf"><span class="__cf_email__" data-cfemail="8aecefeef8efeda4e6efedebe6cae4ebf8eba4ede5fc">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03601 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P


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