[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Pages 51161-51164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27983; Directorate Identifier 2006-NM-192-AD; 
Amendment 39-15188; AD 2007-18-08]
RIN 2120-AA64


Airworthiness Directives; Avions Marcel Dassault-Breguet Model 
Falcon 10 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Avions Marcel Dassault-Breguet Model Falcon 
10 airplanes. That AD currently requires either revising the airplane 
flight manual (AFM) and installing a placard in the flight deck to 
prohibit flight into known or forecasted icing conditions, or 
repetitively inspecting for delamination of the flexible hoses in the 
wing (slat) anti-icing system and performing corrective actions if 
necessary. That AD also provides optional terminating action for the 
repetitive inspections. This new AD mandates the previously optional 
terminating action. This AD results from a report of in-service 
delamination of a flexible hose in the slat anti-icing system at a time 
earlier than previously reported. We are issuing this AD to prevent 
collapse of the flexible hoses in the slat 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: This AD becomes effective October 11, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of Dassault Service Bulletin F10-313, Revision 1, dated May 
10, 2006, as of October 11, 2007.
    On September 26, 2005 (70 FR 53540, September 9, 2005), the 
Director of the Federal Register approved the

[[Page 51162]]

incorporation by reference of Dassault Alert Service Bulletin F10-A312, 
Revision 1, dated June 27, 2005, including the Service Bulletins 
Compliance Card.
    On April 26, 2005 (70 FR 18282, April 11, 2005), the Director of 
the Federal Register approved the incorporation by reference of 
Dassault Alert Service Bulletin F10-A312, dated February 25, 2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located on the ground floor of the West Building at the DOT street 
address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-18-14, amendment 
39-14254 (70 FR 53540, September 9, 2005). The existing AD applies to 
all Avions Marcel Dassault-Breguet Model Falcon 10 airplanes. That NPRM 
was published in the Federal Register on April 24, 2007 (72 FR 20293). 
That NPRM proposed to retain the existing requirements: Either revising 
the airplane flight manual (AFM) and installing a placard in the flight 
deck to prohibit flight into known or forecasted icing conditions, or 
repetitively inspecting for delamination of certain flexible hoses in 
the wing (slat) anti-icing system and doing corrective actions if 
necessary. That NPRM also proposed to mandate the previously optional 
terminating action for the repetitive inspection requirements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
received on the NPRM.

Request To Revise Paragraph (l) of the NPRM

    The commenter, Dassault, notes an error in paragraph (l) of the 
NPRM. As proposed, paragraph (l) referred to credit allowed for a hose 
replaced before the effective date ``of this service bulletin,'' but 
should have referred to the effective date ``of this AD.'' We agree and 
have corrected this inadvertent error in this final rule.

Additional Changes to Final Rule

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved 
alternative method of compliance (AMOC) on any airplane to which the 
AMOC applies.
    In retaining the language from the existing AD, we inadvertently 
also restated an error in Note 3, which referred to ``paragraph 
(j)(1).'' There is no subparagraph in paragraph (j). We have revised 
Note 3 in this final rule to refer to ``paragraph (j).''
    The NPRM restated paragraphs (h) and (j) from AD 2005-18-14. 
References to the effective date of this AD should be the effective 
date of AD 2005-18-14. These references have been clarified in the 
final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been received, and determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD, at an average hourly labor rate of $80.

                                                 Estimated Costs
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                                                                              Number of U.S.-
            Action               Work hours     Parts     Cost per airplane      registered        Fleet cost
                                                                                 airplanes
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AFM revision and placard                  1           $0  $80..............  Up to 146........  Up to $11,680.
 installation (an option in AD
 2005-18-14).
Detailed inspection (an option            1            0  $80, per           Up to 146........  Up to $11,680,
 in AD 2005-18-14).                                        inspection cycle.                     per inspection
                                                                                                 cycle.
Borescope inspection (an                  3            0  $240, per          Up to 146........  Up to $35,040,
 option in AD 2005-18-14).                                 inspection cycle.                     per inspection
                                                                                                 cycle.
Hose replacement (new action).            8          880  $1,520...........  Up to 146........  Up to $221,920.
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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.

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 this AD:

[[Page 51163]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14254 (70 FR 53540, September 9, 2005) and by 
adding the following new airworthiness directive (AD):

2007-18-08 Avions Marcel Dassault-Breguet Aviation (AMD/BA): 
Amendment 39-15188. Docket No. FAA-2007-27983; Directorate 
Identifier 2006-NM-192-AD.

Effective Date

    (a) This AD becomes effective October 11, 2007.

Affected ADs

    (b) This AD supersedes AD 2005-18-14.

Applicability

    (c) This AD applies to all Avions Marcel Dassault-Breguet Model 
Falcon 10 airplanes.

Unsafe Condition

    (d) This AD results from a report of in-service delamination of 
a flexible hose in the slat anti-icing system at a time earlier than 
previously reported. We are issuing this AD to prevent collapse of 
the flexible hoses in the slat 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.

Restatement of the Requirements of AD 2005-18-14

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

    (f) Within 14 days after April 26, 2005 (the effective date of 
AD 2005-07-23, which was superseded by AD 2005-18-14), 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 slat 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, until the actions 
required by paragraph (i) of this AD are accomplished.

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

Borescope Inspections

    (h) For airplanes not operated under the limitation in paragraph 
(f)(1) of this AD: Before the next 10 flight cycles in which the 
slat anti-icing system is activated after September 26, 2005 (the 
effective date of AD 2005-18-14), do a borescope inspection of each 
flexible hose installed in the slat anti-icing system. Do all the 
inspections and any applicable corrective action (including 
replacing the hose with a new hose having P/N FAL1005D), by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Dassault Alert Service Bulletin F10-
A312, Revision 1, dated June 27, 2005. Any corrective action must be 
done before further flight. Repeat the inspection thereafter at 
intervals not to exceed 10 flight cycles in which the slat anti-
icing system is activated. Doing this inspection terminates the 
repetitive inspection requirements of paragraph (f)(2) of this AD.
    (i) For airplanes on which the actions described in paragraph 
(f)(1) of this AD are performed, doing the actions described in 
paragraph (h) of this AD is terminating action for the requirements 
of paragraph (f)(1) of this AD. Once the initial borescope 
inspection specified in paragraph (h) of this AD is performed, the 
AFM limitation and placard required by paragraph (f)(1) of this AD 
may be removed.

AFM Revision

    (j) For airplanes not operated under the limitation in paragraph 
(f)(1) of this AD: Before further flight after September 26, 2005, 
revise the Limitations section of the Dassault Aviation Falcon 10 
AFM, to include the following information.

    ``After each flight in which the slat anti-ice system is 
activated, inform maintenance.''

The AFM revision may be done by inserting a copy of this AD into the 
AFM.

    Note 3: When a statement identical to that in paragraph (j) 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.

New Requirements of This AD

Hose Replacement

    (k) Within 330 flight hours or 7 months after the effective date 
of this AD, whichever occurs first: Replace the flexible hoses 
installed in the slat anti-icing system with new hoses having P/N 
FAL1007, in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F10-313, Revision 1, dated May 10, 2006. 
This replacement terminates the requirements of paragraphs (f) 
through (j) of this AD. For airplanes previously operated under the 
limitation in paragraph (f)(1) of this AD: When the hoses have been 
replaced, the AFM limitation and placard required by paragraph 
(f)(1) of this AD may be removed. Repeat the hose replacement at 
intervals not to exceed 700 flight cycles.
    (l) Replacement of a hose before the effective date of this AD 
in accordance with Dassault Service Bulletin F10-313, dated August 
10, 2005, is acceptable for compliance with the requirements of 
paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, International Branch, ANM-116, FAA, has the 
authority to approve

[[Page 51164]]

AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) To request a different method of compliance or different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) An AMOC approved previously in accordance with AD 2005-18-14 
is approved as an AMOC for the corresponding provisions of this AD.

Related Information

    (n) European Aviation Safety Agency airworthiness directive 
2006-0114, dated May 10, 2006, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (o) You must use the service bulletins identified in Table 1 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Dassault Service Bulletin F10-313, 
Revision 1, dated May 10, 2006, in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) On September 26, 2005 (70 FR 53540, September 9, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of Dassault Alert Service Bulletin F10-A312, Revision 1, 
dated June 27, 2005, including the Service Bulletins Compliance 
Card.
    (3) On April 26, 2005 (70 FR 18282, April 11, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of Dassault Alert Service Bulletin F10-A312, dated 
February 25, 2005, including the Service Bulletins Compliance Card.
    (4) Contact Dassault Falcon Jet, P.O. Box 2000, South 
Hackensack, New Jersey 07606, for a copy of this service 
information. You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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.

                             Table 1.--Service Information Incorporated by Reference
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            Service Bulletin                        Revision level                           Date
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Dassault Alert Service Bulletin F10-     Original...........................  February 25, 2005.
 A312, including the Service Bulletins
 Compliance Card.
Dassault Alert Service Bulletin F10-     Revision 1.........................  June 27, 2005.
 A312, including the Service Bulletins
 Compliance Card.
Dassault Service Bulletin F10-313......  Revision 1.........................  May 10, 2006.
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    Issued in Renton, Washington, on August 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-17288 Filed 9-5-07; 8:45 am]
BILLING CODE 4910-13-P