[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55366-55371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19484]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8843; Directorate Identifier 2016-NM-113-AD; 
Amendment 39-18615; AD 2016-17-02]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. This 
AD requires revising the airplane flight manual (AFM) to include 
procedures to follow when an airplane is operating in icing conditions. 
This AD also provides optional terminating action for the AFM revision. 
This AD was prompted by a design review of in-production airplanes that 
identified a deficiency in certain wing anti-ice system ducting. A 
deficiency in the wing anti-ice system ducting could lead to 
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 of the airplane. We 
are issuing this AD to ensure the flight crew has procedures for 
operating an airplane in icing conditions.

DATES: This AD becomes effective September 6, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 6, 
2016.
    We must receive comments on this AD by October 3, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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 Airplane Directorate, 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-2016-8843.

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-
8843; or in person at the Docket Operations office 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 Operations office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

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

[[Page 55367]]


SUPPLEMENTARY INFORMATION: 

Discussion

    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 inspection of the wing anti-ice system 
ducting and, depending on findings, re-identification or replacement 
of the wing anti-ice system ducting.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-8843.

Interim Action

    We consider this AD interim action. We are currently considering 
requiring a detailed inspection of the wing anti-icing system ducting 
for the presence of a diaphragm and, as applicable, re-identification 
or replacement of the wing anti-icing system ducting (these actions are 
required by the MCAI). That inspection and applicable corrective 
actions would terminate the AFM revision required by this AD action. 
However, the planned compliance time for the detailed inspection would 
allow enough time to provide notice and opportunity for prior public 
comment on the merits of the inspection.

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. The 
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. 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.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because a 
design review of in-production airplanes identified a deficiency in 
certain wing anti-ice system ducting that could lead to 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 of the airplane. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2016-8843; Directorate 
Identifier 2016-NM-113-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 52 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour 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 $4,420, or $85 per product.

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 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);

[[Page 55368]]

    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):

2016-17-02 Dassault Aviation: Amendment 39-18615; Docket No. FAA-
2016-8843; Directorate Identifier 2016-NM-113-AD.

(a) Effective Date

    This AD becomes effective September 6, 2016.

(b) Affected ADs

    None.

(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. A deficiency in the wing anti-ice system ducting 
could lead to 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 of the airplane. We are issuing this AD to ensure 
the flight crew has procedures for operating an airplane in icing 
conditions.

(f) Compliance

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

(g) Revision to Airplane Flight Manual (AFM)

    (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 the effective date of 
this AD, 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.

[[Page 55369]]

[GRAPHIC] [TIFF OMITTED] TR19AU16.004

    (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 the effective date of 
this AD, 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 55370]]

[GRAPHIC] [TIFF OMITTED] TR19AU16.005

(h) Optional Action(s)

    A detailed inspection of the wing anti-ice system ducting for 
the presence of a diaphragm and, as applicable, a check of the part 
number, and re-identification of the wing anti-ice system ducting or 
replacement of the wing anti-ice system ducting, 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; terminates the requirements of 
paragraph (g) of this AD for that airplane only. After the 
applicable actions in the service information have been completed, 
the AFM revision required by paragraph (g) of this AD may be removed 
from the AFM for that airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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

[[Page 55371]]

request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the International Branch, send it to ATTN: Tom Rodriguez, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1137; fax 425-227-1149. Information may be emailed 
to: [email protected]. 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 
Branch, ANM-116, Transport Airplane Directorate, 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

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Emergency Airworthiness Directive 2016-0130-E, dated July 5, 2016, 
for related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2016-8843.

(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 F900EX-464, dated June 20, 2016.
    (ii) Dassault 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 
Airplane Directorate, 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 August 5, 2016.
Chris L. Spangenberg,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-19484 Filed 8-18-16; 8:45 am]
 BILLING CODE 4910-13-P