[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24606-24611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10545]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0494; Directorate Identifier 2016-NM-126-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-17-
02 for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX 
airplanes. AD 2016-17-02 currently requires revising the airplane 
flight manual (AFM) to include procedures to follow when an airplane is 
operating in icing conditions. AD 2016-17-02 also provides 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 proposed AD 
would retain the requirement of AD 2016-17-02 and, in addition, require 
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 proposing this AD 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 14, 2017.

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 NPRM, 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.

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 proposed 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.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0494; 
Directorate Identifier 2016-NM-126-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

[[Page 24607]]

Discussion

    On August 5, 2016, we issued AD 2016-17-02, Amendment 39-18615 (81 
FR 55366, August 19, 2016) (``AD 2016-17-02''), for certain Dassault 
Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2016-17-02 
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. AD 
2016-17-02 requires revising the AFM to include procedures to follow 
when an airplane is operating in icing conditions. AD 2016-17-02 also 
provides optional actions after which the AFM revision may be removed 
from the AFM. We issued AD-2016-17-02 to ensure the flight crew has 
procedures for operating an airplane in icing conditions.
    When we issued AD 2016-17-02, we stated that it was an interim 
action and we were considering additional rulemaking to require 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). We have determined that requiring those 
additional actions are necessary to address the identified unsafe 
condition.
    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.

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. 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.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 52 airplanes of U.S. 
registry.
    The action required by AD 2016-17-02, and retained in this proposed 
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 the action 
that is required by AD 2016-17-02 is $85 per product.
    We also estimate that it would take about 4 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $17,680, or $340 
per product.
    In addition, we estimate that any necessary follow-on actions would 
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.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
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);
    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.

[[Page 24608]]

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Dassault Aviation: Docket No. FAA-2017-0494; Directorate Identifier 
2016-NM-126-AD.

(a) Comments Due Date

    We must receive comments by July 14, 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

[[Page 24609]]

[GRAPHIC] [TIFF OMITTED] TP30MY17.007

BILLING CODE 4910-13-C
    (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.
BILLING CODE 4910-13-P

[[Page 24610]]

[GRAPHIC] [TIFF OMITTED] TP30MY17.008

BILLING CODE 4910-13-C

(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 24611]]

paragraph (g) of this AD may be removed from the AFM for that 
airplane.
    (1) If during the inspection required by 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 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 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 request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Emergency Airworthiness Directive 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 Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1137; fax 425-227-1149.
    (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. 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.

    Issued in Renton, Washington, on May 15, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10545 Filed 5-26-17; 8:45 am]
 BILLING CODE 4910-13-P