[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48912-48915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22564]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9500; Product Identifier 2016-NM-140-AD; Amendment 
39-19072; AD 2017-21-01]
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 adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, 
F, and G; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes. This AD was prompted by reports of defective fire 
extinguisher tubes. This AD requires replacement of the affected fire 
extinguisher tubes with improved fire extinguisher tubes. We are 
issuing this AD to address the unsafe condition on these products.

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

[[Page 48913]]

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-2016-9500.

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-2016-
9500; 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 street 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 by adding an AD that would apply to all Dassault Aviation Model 
FAN JET FALCON, and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes. The NPRM published in the Federal Register on December 20, 
2016 (81 FR 92747) (``the NPRM''). The NPRM was prompted by reports of 
defective fire extinguisher tubes. The NPRM proposed to require 
replacement of the affected fire extinguisher tubes with improved fire 
extinguisher tubes. We are issuing this AD to prevent fire extinguisher 
failure. Such a failure could result in the inability to extinguish a 
fire in the rear compartment, and possible damage to the airplane and 
injury to the occupants.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0154, dated July 28, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G; and 
Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. The MCAI 
states:

    Several defective extinguisher tubes have been found on certain 
Dassault Aviation Fan Jet Falcon aeroplanes. The results of the 
investigations concluded that these occurrences were caused by 
corrosion.
    This condition, if not corrected, could impact the capability to 
extinguish a fire in the rear compartment of the aeroplane, possibly 
resulting in damage to the aeroplane and injury to the occupants.
    For the reason described above, this [EASA] AD requires the 
replacement of the affected tubes with improved fire extinguisher 
tube. In addition, this [EASA] AD prohibits (re)installation of the 
affected fire extinguisher tubes on an aeroplane.

    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-2016-
9500.

Comments

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

Request To Change Compliance Time From Flight Cycles to Flight Hours

    Dassault Aviation noted that paragraph (g) of the proposed AD 
specified a compliance time of 450 flight cycles but the MCAI specified 
a compliance time of 450 flight hours. Dassault Aviation requested that 
we change the compliance time in the proposed AD to specify flight 
hours.
    We acknowledge the commenter's request and agree that we 
inadvertently referred to ``flight cycles'' instead of ``flight hours'' 
in paragraph (g) of the proposed AD. Using flight cycles gives 
operators approximately 3 additional months to comply with the proposed 
action based on the average fleet utilization of these airplanes. 
However, to reduce the compliance time of the proposed AD would 
necessitate (under the provisions of the Administrative Procedure Act) 
reissuing the notice, reopening the period for public comment, and 
eventually issuing a final rule. Those actions would add even more time 
to the rulemaking process and further delay mitigation of the unsafe 
condition. We find that delaying issuance of this final rule is 
inappropriate in light of the identified unsafe condition. Most ADs, 
including this one, permit operators to accomplish the requirements of 
an AD at a time earlier than the specified compliance time. To more 
closely match the EASA specified compliance time without compromising 
safety, we have changed the compliance time in paragraph (g) of this AD 
to ``within 450 flight cycles or 450 flight hours, whichever occurs 
later after the effective date of this AD.''

Request To Change the Compliance Method

    One commenter, Robert Bowers, requested that we change the 
compliance method in the proposed AD to match that specified in AD 
2015-20-08, Amendment 39-18287 (80 FR 60795, October 8, 2015) (``AD 
2015-20-08''). AD 2015-20-08 requires that certain other fire 
extinguisher tubes be inspected every 13 months, until they need to be 
replaced by a new tube. The commenter added that he has inspected two 
Falcon airplanes and finds no reason to replace these fire extinguisher 
tubes at this time.
    We disagree with the commenter's request. The location of the fire 
extinguisher tubes addressed by this AD is more critical from a design 
perspective than that of the fire extinguisher tubes addressed by AD 
2015-20-08. The applicable fire extinguisher tubes must be replaced 
with tubes having an improved design to address the unsafe condition. 
We have not changed this AD in this regard.

Explanation of Change to NPRM

    In the proposed AD, we stated the applicability included ``Dassault 
Aviation Model FAN JET FALCON'' airplanes and inadvertently left out 
``SERIES C, D, E, F, and G'' from the description. For clarity, we have 
revised the applicability to read ``Dassault Aviation Model FAN JET 
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes . . .'' in 
this final rule. This change does not expand the scope of the final 
rule or add airplanes to the applicability.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and 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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Service Bulletin F20-790, dated 
September 14,

[[Page 48914]]

2016. This service information describes procedures for the replacement 
of affected fire extinguisher tubes with improved fire extinguisher 
tubes. 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 133 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Fire extinguisher tube replacement....  3 work-hours x $85 per            $3,100          $3,355        $446,215
                                         hour = $255.
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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 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):

2017-21-01 Dassault Aviation: Amendment 39-19072; Docket No. FAA-
2016-9500; Product Identifier 2016-NM-140-AD.

(a) Effective Date

    This AD is effective November 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) Dassault Aviation Model FAN JET FALCON, FAN JET FALCON 
SERIES C, D, E, F, and G airplanes, all manufacturer serial numbers.
    (2) Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, 
and 20-F5 airplanes, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of defective fire extinguisher 
tubes. We are issuing this AD to prevent fire extinguisher failure. 
Such a failure could result in the inability to extinguish a fire in 
the rear compartment, and possible damage to the airplane and injury 
to the occupants.

(f) Compliance

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

(g) Fire Extinguisher Tubes Replacement

    Within 450 flight cycles or 450 flight hours, whichever occurs 
later after the effective date of this AD, replace each affected 
fire extinguisher tube, part number (P/N) MY20791-121 and P/N 
MY20791-122, with a serviceable fire extinguisher tube, P/N MY20791-
121-1 or P/N MY20791-122-1, as applicable, in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F20-790, 
dated September 14, 2016.

(h) Parts Installation Prohibition

    No person may install a fire extinguisher tube, P/N MY20791-121 
or P/N MY20791-122, on any airplane, as of the applicable time 
specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For an airplane equipped with an affected fire extinguisher 
tube as of the effective date of this AD: After modification of that 
airplane as required by paragraph (g) of this AD.
    (2) For an airplane that is not equipped with an affected fire 
extinguisher tube as of the effective date of this AD: As of the 
effective date of this AD.

(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#aa9387ebe4e7879b9b9c87ebe7e5e987f8effbffeff9fef9eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="271e0a66696a0a1616110a666a68640a75627672627473746741464609404851">[email protected]</span></a>. Before using any 
approved AMOC, notify your appropriate

[[Page 48915]]

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) EASA Airworthiness Directive 2016-0154, dated July 28, 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-2016-9500.
    (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 Service Bulletin F20-790, dated September 14, 2016.
    (ii) Reserved.
    (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 October 11, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-22564 Filed 10-20-17; 8:45 am]
 BILLING CODE 4910-13-P


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