[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44305-44309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19766]



[[Page 44305]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0494; Product Identifier 2016-NM-126-AD; Amendment 
39-19047; AD 2017-19-17]
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: We are superseding Airworthiness Directive (AD) 2016-17-02, 
which applied to certain Dassault Aviation Model FALCON 900EX and 
FALCON 2000EX airplanes. AD 2016-17-02 required revising the airplane 
flight manual (AFM) to include procedures to follow when an airplane is 
operating in icing conditions. AD 2016-17-02 also provided optional 
actions after which the AFM revision may be removed from the AFM. Since 
we issued AD 2016-17-02, we have determined additional actions are 
necessary to address the identified unsafe condition. This new AD 
retains the requirement of AD 2016-17-02, and also requires a detailed 
inspection of the wing anti-ice system ducting (anti-ice pipes) for the 
presence of a diaphragm, and replacement of ducting or re-
identification of the ducting part marking. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective October 27, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 27, 
2017.

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 
http://www.dassaultfalcon.com. 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 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0494.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0494; 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 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2016-17-02, Amendment 39-18615 (81 FR 55366, 
August 19, 2016) (``AD 2016-17-02''). AD 2016-17-02 applied to certain 
Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. The 
NPRM published in the Federal Register on May 30, 2017 (82 FR 24606).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency Airworthiness Directive 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 in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0494.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting 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

    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.

Costs of Compliance

    We estimate that this AD affects 52 airplanes of U.S. registry.
    The action required by AD 2016-17-02, and retained in this AD, 
takes about 1 work-hour per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of

[[Page 44306]]

the action that is required by AD 2016-17-02 is $85 per product.
    We also estimate that it will take about 4 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators to be $17,680, or $340 per product.
    In addition, we 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 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) 
2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 2016), and 
adding the following new AD:

2017-19-17 Dassault Aviation: Amendment 39-19047; Docket No. FAA-
2017-0494; Product Identifier 2016-NM-126-AD.

(a) Effective Date

    This AD is effective October 27, 2017.

(b) Affected ADs

    This AD replaces AD 2016-17-02, Amendment 39-18615 (81 FR 55366, 
August 19, 2016) (``AD 2016-17-02'').

(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 
2016-17-02, 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), 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.
BILLING CODE 4910-13-P

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[GRAPHIC] [TIFF OMITTED] TR22SE17.000

    (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 44308]]

[GRAPHIC] [TIFF OMITTED] TR22SE17.001

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(h) New Actions: Inspection, Part Replacement, Part Re-Identification

    Within 9 months after the effective date of this AD: Do a 
detailed inspection of the wing anti-ice system ducting (anti-ice 
pipes) for the presence of a diaphragm, and do 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; or Service Bulletin 
F2000EX-393, dated June 20, 2016; as applicable. After the 
applicable actions specified in paragraph (h)(1) or (h)(2) of this 
AD have been completed, the AFM revision required by

[[Page 44309]]

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) 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 (j)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#a99084e8e7e48498989f84e8e4e6ea84fbecf8fcecfafdfae9cfc8c887cec6df"><span class="__cf_email__" data-cfemail="f9c0d4b8b7b4d4c8c8cfd4b8b4b6bad4abbca8acbcaaadaab99f9898d79e968f">[email 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) 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 http://www.regulations.gov by searching for and locating Docket 
No. FAA-2017-0494.
    (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.

(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) Dassault Aviation Service Bulletin F900EX-464, dated June 
20, 2016.
    (ii) Dassault Aviation Service Bulletin F2000EX-393, dated June 
20, 2016.
    (3) 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 http://www.dassaultfalcon.com.
    (4) 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.
    (5) 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 7, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19766 Filed 9-21-17; 8:45 am]
 BILLING CODE 4910-13-P


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