[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Rules and Regulations]
[Pages 18282-18285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6911]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20884; Directorate Identifier 2005-NM-051-AD; 
Amendment 39-14048; AD 2005-07-23]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 Series 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dassault Model Falcon 10 series airplanes. This AD requires revising 
the Limitations section of the airplane flight manual (AFM) to include 
a statement prohibiting flight into known or forecasted icing 
conditions, and installing a placard in the flight deck. In lieu of the 
AFM revision and placard installation, this AD allows identifying the 
part number of each flexible hose in the wing anti-icing system, 
performing repetitive detailed inspections of each hose for 
delamination, and performing corrective actions if necessary. This AD 
is prompted by a report of delamination of the internal wall of a 
flexible hose in the wing anti-icing system. We are issuing this AD to 
prevent collapse of the flexible hoses in the wing anti-icing system, 
which could lead to insufficient anti-icing capability and, if icing is 
encountered in this situation, could result in reduced controllability 
of the airplane.

DATES: Effective April 26, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of April 
26, 2005.
    We must receive comments on this AD by June 10, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Dassault 
Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20884; the directorate identifier for this docket is 
2005-NM-051-AD.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, notified the FAA that an unsafe condition may exist on all 
Dassault Model Falcon 10 series

[[Page 18283]]

airplanes. The DGAC advises that a flexible hose in the wing anti-icing 
system collapsed on a Dassault Model Falcon 10 series airplane. The 
flexible hoses supply hot air for anti-icing of the inboard and 
outboard slats of the wing. Investigation revealed that the hose 
collapsed due to delamination of the internal wall, which resulted in 
the obstruction of airflow through the hose. This condition, if not 
corrected, could result in insufficient anti-icing capability and, if 
icing is encountered in this situation, cold result in reduced 
controllability of the airplane.

Relevant Service Information

    Dassault has issued Alert Service Bulletin F10-A312, dated February 
25, 2005. The alert service bulletin describes procedures for 
identifying the part number of the flexible hoses, inspecting the 
internal walls of the hoses for blistering (delamination), and 
performing corrective actions. The corrective actions include replacing 
any hose that doesn't have a certain part number with a hose having the 
part number specified in the service bulletin, and replacing any 
damaged hose with a new hose having the part number specified in the 
service bulletin. The DGAC mandated the alert service bulletin and 
issued French emergency airworthiness directive UF-2005-041, issued 
February 25, 2005, to ensure the continued airworthiness of these 
airplanes in France.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States. Therefore, we are issuing this AD to 
prevent the collapse of flexible hoses in the wing anti-icing system, 
which could lead to insufficient anti-icing capability and, if icing is 
encountered in this situation, could result in reduced controllability 
of the airplane.
    This AD requires revising the Limitations section of the airplane 
flight manual (AFM) to include a statement prohibiting flight into 
known or forecasted icing conditions, and installing a placard in the 
flight deck. In lieu of the AFM revision and placard installation, this 
AD allows identifying the part number of each flexible hose in the wing 
anti-icing system, performing repetitive detailed inspections of each 
hose for delamination, and performing corrective actions if necessary, 
by accomplishing the actions specified in the service information 
described previously. The AD also requires sending the inspection 
results to the airplane manufacturer. When the unsafe condition 
addressed by an AD is likely due to a manufacturer's quality control 
(QC) problem, a reporting requirement is instrumental in ensuring that 
as much information as possible can be gathered regarding the extent 
and nature of the QC problem or breakdown, especially in cases where 
the data may not be available through other established means. This 
information is necessary to ensure that proper corrective action will 
be taken.

Difference Between the AD and French Emergency Airworthiness Directive

    If an operator chooses to do the AFM revision and placard 
installation instead of the repetitive inspection of the flexible 
hoses, the French emergency airworthiness directive mandates performing 
the AFM revision before the next flight of the airplane. This AD allows 
operators 14 days after the effective date of this AD to complete the 
AFM revision. In developing an appropriate compliance time for this AD, 
we considered the DGAC's recommendation, as well as the degree of 
urgency associated with the subject unsafe condition. In light of these 
factors, we find that a 14-day compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety.
    The DGAC is aware of this difference.

Clarification of Life Limits and Repetitive Inspection Intervals

    For the flexible hoses, the French emergency airworthiness 
directive references the existing life limit of 3,000 flight hours, 
which is in Chapter 5-40 of the Dassault Falcon 10 Airplane Maintenance 
Manual. The French emergency airworthiness directive requires a 
revision to Chapter 5-40 to include repetitive inspections of the 
hoses. This AD is not requiring a change to Chapter 5-40 since these 
inspections are required by this AD. For operators that choose to do 
the repetitive inspections, this AD requires repetitive inspections at 
intervals of 60 flight cycles or 3 months, whichever is first.

Clarification of Type of Inspection

    The ``inspection'' of the internal walls of the flexible hoses 
specified in the alert service bulletin is identified as a ``detailed 
inspection'' in this AD. We have included the definition for a detailed 
inspection in Note 1 of this AD.

Interim Action

    This AD is considered to be interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the delamination 
of the internal walls of a flexible hose, and eventually to develop 
final action to address the unsafe condition. Once final action has 
been identified, we may consider further rulemaking.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20884; 
Directorate Identifier 2005-NM-051-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

[[Page 18284]]

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.

Regulatory Findings

    We have 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 the regulation:
    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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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):

2005-07-23 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-14048. Docket No. FAA-2005-
20884; Directorate Identifier 2005-NM-051-AD.

Effective Date

    (a) This AD becomes effective April 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Falcon 10 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of delamination of the 
internal wall of a flexible hose in the wing anti-icing system. The 
FAA is issuing this AD to prevent the collapse of flexible hoses in 
the wing anti-icing system, which could lead to insufficient anti-
icing capability and, if icing is encountered in this situation, 
could result in reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections, or Airplane Flight Manual (AFM) Revision and 
Placard Installation

    (f) Within 14 days after the effective date of this AD, perform 
the actions specified in either paragraph (f)(1) or (f)(2) of this 
AD:
    (1) Revise the Limitations section of the Dassault Aviation 
Falcon 10 AFM, and install a placard in the flight deck, to include 
the following information.
    ``Flights into known or forecasted icing conditions are 
prohibited.''

The AFM revision may be done by inserting a copy of this AD into the 
AFM. Install the placard on the pedestal in clear view of the pilot.
    (2) Determine the part number of each flexible hose installed in 
the wing anti-icing system, perform a detailed inspection of the 
internal walls of the hoses for delamination, and perform any 
applicable corrective action, by accomplishing all of the applicable 
actions specified in the Accomplishment Instructions of Dassault 
Alert Service Bulletin F10-A312, dated February 25, 2005. If the 
part number for any hose cannot be determined, before further 
flight, replace that hose with a hose having part number (P/N) 
FAL1005D. Any corrective action must be done before further flight. 
Repeat the detailed inspection thereafter at intervals not to exceed 
60 flight cycles or 3 months, whichever is first.

    Note 1: When a statement identical to that in paragraph (f)(1) 
of this AD has been included in the general revision of the AFM, the 
general revision may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.


    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (g) For airplanes on which the actions described in paragraph 
(f)(1) are performed, doing the actions described in paragraph 
(f)(2) is terminating action for the requirements of paragraph 
(f)(1). Once the initial detailed inspection specified in paragraph 
(f)(2) is performed, the AFM limitation and placard required by 
paragraph (f)(1) may be removed.

Reporting Requirement

    (h) At the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD: After performing any detailed inspection required 
by paragraph (f)(2) of this AD, submit a report of the findings 
(positive and negative) of the detailed to: Dassault Falcon Jet, 
Attn: Service Engineering/Falcon 10, fax: (201) 541-4700. The report 
must include the airplane serial number, the location of the hose 
(inboard or outboard), the number of flight hours since hose 
installation, the number of cycles in icing conditions, and the 
manufacturing date and batch number of the hose. Submission of the 
Service Bulletins Compliance form, which is attached to the alert 
service bulletin, is an acceptable method of complying with this 
requirement. Under the provisions of the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.), the Office of Management and Budget 
(OMB) has approved the information collection requirements contained 
in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the detailed inspection was done after the effective date 
of this AD: Submit the report within 30 days after the inspection.
    (2) If the detailed inspection was done prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) French emergency airworthiness directive UF-2005-041, issued 
February 25, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Dassault Alert Service Bulletin F10-A312, dated 
February 25, 2005, including the Service Bulletins Compliance Card, 
to perform the actions that are required by this AD, unless the AD 
specifies

[[Page 18285]]

otherwise. The Director of the Federal Register approves the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To get copies of the service 
information, go to Dassault Falcon Jet, P.O. Box 2000, South 
Hackensack, New Jersey 07606. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, go to 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6911 Filed 4-8-05; 8:45 am]
BILLING CODE 4910-13-P