[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69269-69272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24042]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-03-27, which applies to all Dassault Aviation Model Falcon 10 
airplanes. AD 2019-03-27 requires repetitive detailed inspections of 
certain wing anti-ice outboard flexible hoses, and replacement of 
certain wing anti-ice outboard flexible hoses. Since the FAA issued AD 
2019-03-27, an improved wing anti-ice flexible hose has been developed. 
This proposed AD would continue to require the actions in AD 2019-03-
27, and would add a new life limit for the improved wing anti-ice 
flexible hose, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
17, 2020.

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 https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated

[[Page 69270]]

by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; phone: +49 221 8999 000; email: [email protected]; 
internet: www.easa.europa.eu. You may find this IBR material on the 
EASA website at https://ad.easa.europa.eu. You may view this IBR 
material at the FAA, Airworthiness Products Section, Operational Safety 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0977.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0977; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3226; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time. Send your 
comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T'' at 
the beginning of your comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Tom 
Rodriguez, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3226; email: [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2019-03-27, Amendment 39-19579 (84 FR 7801, March 
5, 2019) (``AD 2019-03-27''), which applies to all Dassault Aviation 
Model Falcon 10 airplanes. AD 2019-03-27 requires repetitive detailed 
inspections of certain wing anti-ice outboard flexible hoses, and 
replacement of certain wing anti-ice outboard flexible hoses. The FAA 
issued AD 2019-03-27 to address damaged wing anti-ice outboard flexible 
hoses, which could lead to a loss of performance of the wing anti-ice 
protection system that is not annunciated to the pilot, and could 
result in reduced control of the airplane.

Actions Since AD 2019-03-27 Was Issued

    Since the FAA issued AD 2019-03-27, an improved wing anti-ice 
flexible hose has been developed which has the same life limit as other 
wing anti-ice outboard flexible hoses. The FAA has determined that the 
improved wing anti-ice flexible hose may be installed on airplanes and 
that a life limit for the improved wing anti-ice flexible hose must be 
implemented.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0127, dated June 4, 2020 
(``EASA AD 2020-0127'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Dassault Aviation Model Falcon 10 airplanes. EASA AD 
2020-0127 supersedes EASA AD 2019-0040-E, dated February 21, 2019 
(which corresponds to AD 2019-03-27).
    This proposed AD was prompted by a report indicating that certain 
wing anti-ice outboard flexible hoses were found damaged, likely 
resulting from the installation process, and the development of an 
improved wing anti-ice flexible hose. The FAA is proposing this AD to 
address damaged wing anti-ice outboard flexible hoses, which could lead 
to a loss of performance of the wing anti-ice protection system that is 
not annunciated to the pilot, and could result in reduced control of 
the airplane. See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-03-27, this proposed AD would retain all of the 
requirements of AD 2019-03-27. Those requirements are referenced in 
EASA AD 2020-0127, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0127 describes procedures for repetitive detailed 
inspections of certain wing anti-ice outboard flexible hoses, 
replacement of certain wing anti-ice outboard flexible hoses, a new 
life limit for certain wing anti-ice outboard flexible hoses, and 
optional terminating actions for the repetitive inspections 
(replacement of all damaged affected wing anti-ice outboard flexible 
hoses or accomplishing and passing an inspection on an affected wing 
anti-ice outboard flexible hose after it has accumulated 100 flight 
cycles since installation on an airplane). This material 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.

[[Page 69271]]

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0127 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0127 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0127 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2020-0127 that is required for compliance with EASA AD 2020-
0127 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0977 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 54 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD                9 work-hours x $85 per                $0            $765         $41,310
 2019[dash]03[dash]27.                   hour = $765.
New proposed actions..................  9 work-hours x $85 per               316           1,081          58,374
                                         hour = $765.
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    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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9 work-hours x $85 per hour = $765....            $316           $1,081
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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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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:

[[Page 69272]]

0
a. Removing Airworthiness Directive (AD) 2019-03-27, Amendment 39-19579 
(84 FR 7801, March 5, 2019), and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2020-0977; Project Identifier 
MCAI-2020-01106-T.

(a) Comments Due Date

    The FAA must receive comments by December 17, 2020.

(b) Affected AD

    This AD replaces AD 2019-03-27, Amendment 39-19579 (84 FR 7801, 
March 5, 2019) (``AD 2019-03-27'').

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by a report indicating that certain wing 
anti-ice outboard flexible hoses were found damaged, likely 
resulting from the installation process, and the development of an 
improved wing anti-ice flexible hose. The FAA is issuing this AD to 
address damaged wing anti-ice outboard flexible hoses, which could 
lead to a loss of performance of the wing anti-ice protection system 
that is not annunciated to the pilot, and could result in reduced 
control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0127, dated June 4, 2020 (``EASA AD 2020-0127'').

(h) Exceptions to EASA AD 2020-0127

    (1) Where EASA AD 2020-0127 refers to February 25, 2019 (the 
effective date of EASA AD 2019-0040-E, dated February 21, 2019), 
this AD requires using March 8, 2019 (the effective date of AD 2019-
03-27).
    (2) Where EASA AD 2020-0127 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2020-0127 does not apply 
to this AD.
    (4) Where EASA AD 2020-0127 refers to paragraph (4) of EASA AD 
2017-0108 for applicable life limits, for this AD refer to FAA AD 
2016-19-07, Amendment 39-18656 (81 FR 63688, September 16, 2016).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0127 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (k)(2) of this AD. Information may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2019-03-27 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0127 that are 
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Dassault 
Aviation's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    (1) For information about EASA AD 2020-0127, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; internet: www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0977.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3226; email: [email protected].

    Issued on October 26, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24042 Filed 10-30-20; 8:45 am]
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