2020-19389. Airworthiness Directives; Dassault Aviation Airplanes  

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    AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The FAA is adopting a new airworthiness directive (AD) for all Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a report of hydraulic fluid on the ground near the main landing gear (MLG) brake assembly. The hydraulic leakage started in a cracked hydraulic pipe, with the crack likely due to chafing between two Start Printed Page 54889hydraulic pipes or between hydraulic pipes and structure. This AD requires an inspection for chafing or interference of certain hydraulic pipes and certain rib passage holes, and, depending on findings, modification or repair, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective October 8, 2020.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 8, 2020.

    ADDRESSES:

    For material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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-2020-0448.

    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-2020-0448; 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 final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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    FOR FURTHER INFORMATION CONTACT:

    Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; email tom.rodriguez@faa.gov.

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    SUPPLEMENTARY INFORMATION:

    Discussion

    The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0072, dated March 26, 2020 (“EASA AD 2020-0072”) (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.

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Dassault Aviation Model Falcon 10 airplanes. The NPRM published in the Federal Register on May 7, 2020 (85 FR 27170). The NPRM was prompted by a report of hydraulic fluid on the ground near the MLG brake assembly. The hydraulic leakage started in a cracked System #2 hydraulic pipe, with the crack likely due to chafing between two hydraulic pipes or between hydraulic pipes and structure. The NPRM proposed to require an inspection for chafing or interference of the hydraulic pipes and certain rib passage holes, and, depending on findings, modification or repair, as specified in an EASA AD.

    The FAA is issuing this AD to address chafed or cracked hydraulic pipes, which could lead to hydraulic fluid leakage near an ignition source and possibly result in an uncontained fire. See the MCAI for additional background information.

    Comments

    The FAA gave the public the opportunity to participate in developing this final rule. The FAA has considered the comment received. Hailey Berk indicated support for the NPRM.

    Conclusion

    The FAA reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes:

    • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and
    • Do not add any additional burden upon the public than was already proposed in the NPRM.

    Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0072 describes procedures for an inspection for chafing or interference of the System #2 hydraulic pipes and rib 1 to rib 2a passage holes, and, depending on findings, modification to prevent interference or chafing at rib passage holes or repair. 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.

    Costs of Compliance

    The FAA estimates that this AD affects 85 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

    Estimated Costs for Required Actions

    Labor costParts costCost per productCost on U.S. operators
    2 work-hours × $85 per hour = $170None$170$14,450

    The FAA estimates the following costs to do any necessary on-condition actions 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 actions:

    Estimated Costs of On-Condition Actions

    Labor costParts costCost per product
    Up to 24 work-hours × $85 per hour = $2,040Up to $5,500Up to $7,540.
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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

    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) 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.

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    List of Subjects in 14 CFR Part 39

    • Air transportation
    • Aircraft
    • Aviation safety
    • Incorporation by reference
    • Safety
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    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

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    PART 39—AIRWORTHINESS DIRECTIVES

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    1. The authority citation for part 39 continues to read as follows:

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    Authority: 49 U.S.C. 106(g), 40113, 44701.

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    [Amended]
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    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

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    2020-17-14 Dassault Aviation: Amendment 39-21219; Docket No. FAA-2020-0448; Product Identifier 2020-NM-050-AD.

    (a) Effective Date

    This AD is effective October 8, 2020.

    (b) Affected ADs

    None.

    (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 27, Flight Controls.

    (e) Reason

    This AD was prompted by a report of hydraulic fluid on the ground near the main landing gear brake assembly. The hydraulic leakage started in a cracked System #2 hydraulic pipe, with the crack likely due to chafing between two hydraulic pipes or between hydraulic pipes and structure. The FAA is issuing this AD to address chafed or cracked hydraulic pipes, which could lead to hydraulic fluid leakage near an ignition source and possibly result in an uncontained fire.

    (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 2020-0072, dated March 26, 2020 (“EASA AD 2020-0072”).

    (h) Exceptions to EASA AD 2020-0072

    (1) Where EASA AD 2020-0072 refers to its effective date, this AD requires using the effective date of this AD.

    (2) The “Remarks” section of EASA AD 2020-0072 does not apply to this AD.

    (i) 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 (j) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 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 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.

    (j) Related Information

    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; telephone and fax 206-231-3226; email tom.rodriguez@faa.gov.

    (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) European Union Aviation Safety Agency (EASA) AD 2020-0072, dated March 26, 2020.

    (ii) [Reserved]

    (3) For information about EASA AD 2020-0072, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.

    (4) 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-2020-0448.

    (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

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    Issued on August 13, 2020.

    Lance T. Gant,

    Director, Compliance & Airworthiness Division, Aircraft Certification Service.

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    [FR Doc. 2020-19389 Filed 9-2-20; 8:45 am]

    BILLING CODE 4910-13-P

Document Information

Effective Date:
10/8/2020
Published:
09/03/2020
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-19389
Dates:
This AD is effective October 8, 2020.
Pages:
54888-54890 (3 pages)
Docket Numbers:
Docket No. FAA-2020-0448, Product Identifier 2020-NM-050-AD, Amendment 39-21219, AD 2020-17-14
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
Topics:
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety
PDF File:
2020-19389.Pdf
Supporting Documents:
» Supporting AD Document
» Supporting AD Documents
CFR: (1)
14 CFR 39.13