82 FR 48912 - Airworthiness Directives; Dassault Aviation Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 203 (October 23, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 203 (October 23, 2017)
| Page Range | 48912-48915 | |
| FR Document | 2017-22564 |
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)] [Rules and Regulations] [Pages 48912-48915] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22564] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9500; Product Identifier 2016-NM-140-AD; Amendment 39-19072; AD 2017-21-01] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by reports of defective fire extinguisher tubes. This AD requires replacement of the affected fire extinguisher tubes with improved fire extinguisher tubes. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 27, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 27, 2017. ADDRESSES: 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 Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability [[Page 48913]] 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-2016-9500. 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- 9500; 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227- 1149. SUPPLEMENTARY INFORMATION: Discussion We 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 FAN JET FALCON, and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. The NPRM published in the Federal Register on December 20, 2016 (81 FR 92747) (``the NPRM''). The NPRM was prompted by reports of defective fire extinguisher tubes. The NPRM proposed to require replacement of the affected fire extinguisher tubes with improved fire extinguisher tubes. We are issuing this AD to prevent fire extinguisher failure. Such a failure could result in the inability to extinguish a fire in the rear compartment, and possible damage to the airplane and injury to the occupants. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0154, dated July 28, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. The MCAI states: Several defective extinguisher tubes have been found on certain Dassault Aviation Fan Jet Falcon aeroplanes. The results of the investigations concluded that these occurrences were caused by corrosion. This condition, if not corrected, could impact the capability to extinguish a fire in the rear compartment of the aeroplane, possibly resulting in damage to the aeroplane and injury to the occupants. For the reason described above, this [EASA] AD requires the replacement of the affected tubes with improved fire extinguisher tube. In addition, this [EASA] AD prohibits (re)installation of the affected fire extinguisher tubes on an aeroplane. 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-2016- 9500. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Change Compliance Time From Flight Cycles to Flight Hours Dassault Aviation noted that paragraph (g) of the proposed AD specified a compliance time of 450 flight cycles but the MCAI specified a compliance time of 450 flight hours. Dassault Aviation requested that we change the compliance time in the proposed AD to specify flight hours. We acknowledge the commenter's request and agree that we inadvertently referred to ``flight cycles'' instead of ``flight hours'' in paragraph (g) of the proposed AD. Using flight cycles gives operators approximately 3 additional months to comply with the proposed action based on the average fleet utilization of these airplanes. However, to reduce the compliance time of the proposed AD would necessitate (under the provisions of the Administrative Procedure Act) reissuing the notice, reopening the period for public comment, and eventually issuing a final rule. Those actions would add even more time to the rulemaking process and further delay mitigation of the unsafe condition. We find that delaying issuance of this final rule is inappropriate in light of the identified unsafe condition. Most ADs, including this one, permit operators to accomplish the requirements of an AD at a time earlier than the specified compliance time. To more closely match the EASA specified compliance time without compromising safety, we have changed the compliance time in paragraph (g) of this AD to ``within 450 flight cycles or 450 flight hours, whichever occurs later after the effective date of this AD.'' Request To Change the Compliance Method One commenter, Robert Bowers, requested that we change the compliance method in the proposed AD to match that specified in AD 2015-20-08, Amendment 39-18287 (80 FR 60795, October 8, 2015) (``AD 2015-20-08''). AD 2015-20-08 requires that certain other fire extinguisher tubes be inspected every 13 months, until they need to be replaced by a new tube. The commenter added that he has inspected two Falcon airplanes and finds no reason to replace these fire extinguisher tubes at this time. We disagree with the commenter's request. The location of the fire extinguisher tubes addressed by this AD is more critical from a design perspective than that of the fire extinguisher tubes addressed by AD 2015-20-08. The applicable fire extinguisher tubes must be replaced with tubes having an improved design to address the unsafe condition. We have not changed this AD in this regard. Explanation of Change to NPRM In the proposed AD, we stated the applicability included ``Dassault Aviation Model FAN JET FALCON'' airplanes and inadvertently left out ``SERIES C, D, E, F, and G'' from the description. For clarity, we have revised the applicability to read ``Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes . . .'' in this final rule. This change does not expand the scope of the final rule or add airplanes to the applicability. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 Dassault Aviation has issued Service Bulletin F20-790, dated September 14, [[Page 48914]] 2016. This service information describes procedures for the replacement of affected fire extinguisher tubes with improved fire extinguisher tubes. 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. Costs of Compliance We estimate that this AD affects 133 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Fire extinguisher tube replacement.... 3 work-hours x $85 per $3,100 $3,355 $446,215 hour = $255. ---------------------------------------------------------------------------------------------------------------- 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. 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); 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): 2017-21-01 Dassault Aviation: Amendment 39-19072; Docket No. FAA- 2016-9500; Product Identifier 2016-NM-140-AD. (a) Effective Date This AD is effective November 27, 2017. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. (1) Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes, all manufacturer serial numbers. (2) Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes, all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 26, Fire protection. (e) Reason This AD was prompted by reports of defective fire extinguisher tubes. We are issuing this AD to prevent fire extinguisher failure. Such a failure could result in the inability to extinguish a fire in the rear compartment, and possible damage to the airplane and injury to the occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Fire Extinguisher Tubes Replacement Within 450 flight cycles or 450 flight hours, whichever occurs later after the effective date of this AD, replace each affected fire extinguisher tube, part number (P/N) MY20791-121 and P/N MY20791-122, with a serviceable fire extinguisher tube, P/N MY20791- 121-1 or P/N MY20791-122-1, as applicable, in accordance with the Accomplishment Instructions of Dassault Service Bulletin F20-790, dated September 14, 2016. (h) Parts Installation Prohibition No person may install a fire extinguisher tube, P/N MY20791-121 or P/N MY20791-122, on any airplane, as of the applicable time specified in paragraph (h)(1) or (h)(2) of this AD. (1) For an airplane equipped with an affected fire extinguisher tube as of the effective date of this AD: After modification of that airplane as required by paragraph (g) of this AD. (2) For an airplane that is not equipped with an affected fire extinguisher tube as of the effective date of this AD: As of the effective date of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards 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 International Section, 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 [[Page 48915]] 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 Section, Transport Standards Branch, 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) EASA Airworthiness Directive 2016-0154, dated July 28, 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-2016-9500. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. (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 F20-790, dated September 14, 2016. (ii) Reserved. (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 Standards Branch, 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 October 11, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-22564 Filed 10-20-17; 8:45 am] BILLING CODE 4910-13-P
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TABLE 1 TO PARAGRAPH (g) OF THIS AD—INITIAL INSPECTION
Airplane configuration Compliance time
Repaired (date known), post-Airbus Modification 10319 lock fittings installed using Airbus Struc- Before exceeding 25,800 flight cycles since the
tural Repair Manual (SRM) Task 51–72–00. lock fitting replacement.
Repaired (no record, date unknown), post-Airbus Modification 10319 lock fittings installed using Before exceeding 25,800 flight cycles from No-
Airbus SRM Task 51–72–00. vember 1, 1996.
Non-repaired airplane, or airplane repaired with pre-Airbus Modification 10319 lock fittings No inspection required.
using Airbus SRM Task 51–72–00.
(h) Corrective Action any service information contains procedures Issued in Renton, Washington, on October
If any crack is found during any inspection or tests that are identified as RC, those 11, 2017.
required by paragraph (g) of this AD: Before procedures and tests must be done to comply Dionne Palermo,
further flight, repair in accordance with the with this AD; any procedures or tests that are
Acting Director, System Oversight Division,
Accomplishment Instructions of Airbus not identified as RC are recommended. Those
Aircraft Certification Service.
Service Bulletin A300–53–6185, dated procedures and tests that are not identified
as RC may be deviated from using accepted [FR Doc. 2017–22563 Filed 10–20–17; 8:45 am]
February 11, 2016; or Service Bulletin A310–
53–2143, dated February 11, 2016; as methods in accordance with the operator’s BILLING CODE 4910–13–P
applicable; except, where Airbus Service maintenance or inspection program without
Bulletin A300–53–6185, dated February 11, obtaining approval of an AMOC, provided
2016; or Service Bulletin A310–53–2143, the procedures and tests identified as RC can DEPARTMENT OF TRANSPORTATION
dated February 11, 2016; specifies to contact be done and the airplane can be put back in
Airbus for appropriate action, and specifies an airworthy condition. Any substitutions or Federal Aviation Administration
that action as ‘‘RC’’ (Required for changes to procedures or tests identified as
Compliance), before further flight, RC require approval of an AMOC.
14 CFR Part 39
accomplish corrective actions in accordance (k) Related Information
with the procedures specified in paragraph [Docket No. FAA–2016–9500; Product
(j)(2) of this AD. (1) Refer to Mandatory Continuing Identifier 2016–NM–140–AD; Amendment
Airworthiness Information (MCAI) EASA AD 39–19072; AD 2017–21–01]
(i) Terminating Action 2016–0241, dated December 6, 2016, for
Repair of a lock fitting as required by related information. This MCAI may be RIN 2120–AA64
paragraph (h) of this AD constitutes found in the AD docket on the Internet at
terminating action for the repetitive http://www.regulations.gov by searching for Airworthiness Directives; Dassault
inspections required by paragraph (g) of this and locating Docket No. FAA–2017–0480. Aviation Airplanes
AD for the repaired fitting location only. All (2) For more information about this AD,
other post-Airbus Modification 10319 contact Dan Rodina, Aerospace Engineer, AGENCY: Federal Aviation
installed fittings are to be inspected as International Section, Transport Standards Administration (FAA), Department of
required by paragraph (g) of this AD. Branch, FAA, 1601 Lind Avenue SW., Transportation (DOT).
Renton, WA 98057–3356; telephone 425– ACTION: Final rule.
(j) Other FAA AD Provisions 227–2125; fax 425–227–1149.
The following provisions also apply to this
(l) Material Incorporated by Reference SUMMARY: We are adopting a new
AD: airworthiness directive (AD) for all
(1) Alternative Methods of Compliance (1) The Director of the Federal Register
Dassault Aviation Model FAN JET
(AMOCs): The Manager, International approved the incorporation by reference
(IBR) of the service information listed in this FALCON, FAN JET FALCON SERIES C,
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this paragraph under 5 U.S.C. 552(a) and 1 CFR D, E, F, and G; and Model MYSTERE–
AD, if requested using the procedures found part 51. FALCON 20–C5, 20–D5, 20–E5, and 20–
in 14 CFR 39.19. In accordance with 14 CFR (2) You must use this service information F5 airplanes. This AD was prompted by
39.19, send your request to your principal as applicable to do the actions required by reports of defective fire extinguisher
inspector or local Flight Standards District this AD, unless this AD specifies otherwise. tubes. This AD requires replacement of
Office, as appropriate. If sending information (i) Airbus Service Bulletin A300–53–6185, the affected fire extinguisher tubes with
directly to the manager of the International dated February 11, 2016.
improved fire extinguisher tubes. We
Section, send it to the attention of the person (ii) Airbus Service Bulletin A310–53–2143,
identified in paragraph (k)(2) of this AD. dated February 11, 2016. are issuing this AD to address the unsafe
Information may be emailed to: 9-ANM-116- (3) For service information identified in condition on these products.
AMOC-REQUESTS@faa.gov. Before using this AD, contact Airbus SAS, Airworthiness DATES: This AD is effective November
any approved AMOC, notify your appropriate Office—EAW, 1 Rond Point Maurice 27, 2017.
principal inspector, or lacking a principal Bellonte, 31707 Blagnac Cedex, France; The Director of the Federal Register
inspector, the manager of the local flight telephone +33 5 61 93 36 96; fax +33 5 61 approved the incorporation by reference
standards district office/certificate holding 93 44 51; email account.airworth-eas@ of a certain publication listed in this AD
district office. airbus.com; Internet http://www.airbus.com.
(2) Contacting the Manufacturer: For any (4) You may view this service information
as of November 27, 2017.
requirement in this AD to obtain corrective at the FAA, Transport Standards Branch, ADDRESSES: For service information
actions from a manufacturer, the action must 1601 Lind Avenue SW., Renton, WA. For identified in this final rule, contact
be accomplished using a method approved information on the availability of this Dassault Falcon Jet Corporation,
by the Manager, International Section, material at the FAA, call 425–227–1221. Teterboro Airport, P.O. Box 2000, South
jstallworth on DSKBBY8HB2PROD with RULES
Transport Standards Branch, FAA; or the (5) You may view this service information Hackensack, NJ 07606; telephone 201–
European Aviation Safety Agency (EASA); or that is incorporated by reference at the 440–6700; Internet http://
Airbus’s EASA Design Organization National Archives and Records
Approval (DOA). If approved by the DOA, Administration (NARA). For information on
www.dassaultfalcon.com. You may
the approval must include the DOA- the availability of this material at NARA, call view this referenced service information
authorized signature. 202–741–6030, or go to: http:// at the FAA, Transport Standards
(3) Required for Compliance (RC): Except www.archives.gov/federal-register/cfr/ibr- Branch, 1601 Lind Avenue SW., Renton,
as required by paragraph (h) of this AD: If locations.html. WA. For information on the availability
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of this material at the FAA, call 425– Several defective extinguisher tubes have 450 flight hours, whichever occurs later
227–1221. It is also available on the been found on certain Dassault Aviation Fan after the effective date of this AD.’’
Internet at http://www.regulations.gov Jet Falcon aeroplanes. The results of the
investigations concluded that these Request To Change the Compliance
by searching for and locating Docket No.
occurrences were caused by corrosion. Method
FAA–2016–9500. This condition, if not corrected, could
One commenter, Robert Bowers,
Examining the AD Docket impact the capability to extinguish a fire in
the rear compartment of the aeroplane, requested that we change the
You may examine the AD docket on possibly resulting in damage to the aeroplane compliance method in the proposed AD
the Internet at http:// and injury to the occupants. to match that specified in AD 2015–20–
www.regulations.gov by searching for For the reason described above, this 08, Amendment 39–18287 (80 FR
and locating Docket No. FAA–2016– [EASA] AD requires the replacement of the 60795, October 8, 2015) (‘‘AD 2015–20–
9500; or in person at the Docket affected tubes with improved fire 08’’). AD 2015–20–08 requires that
Management Facility between 9 a.m. extinguisher tube. In addition, this [EASA] certain other fire extinguisher tubes be
and 5 p.m., Monday through Friday, AD prohibits (re)installation of the affected inspected every 13 months, until they
except Federal holidays. The AD docket fire extinguisher tubes on an aeroplane.
need to be replaced by a new tube. The
contains this AD, the regulatory You may examine the MCAI in the commenter added that he has inspected
evaluation, any comments received, and AD docket on the Internet at http:// two Falcon airplanes and finds no
other information. The street address for www.regulations.gov by searching for reason to replace these fire extinguisher
the Docket Office (telephone 800–647– and locating Docket No. FAA–2016– tubes at this time.
5527) is Docket Management Facility, 9500. We disagree with the commenter’s
U.S. Department of Transportation, request. The location of the fire
Docket Operations, M–30, West Comments extinguisher tubes addressed by this AD
Building Ground Floor, Room W12–140, We gave the public the opportunity to is more critical from a design
1200 New Jersey Avenue SE., participate in developing this AD. The perspective than that of the fire
Washington, DC 20590. following presents the comments extinguisher tubes addressed by AD
FOR FURTHER INFORMATION CONTACT: Tom received on the NPRM and the FAA’s 2015–20–08. The applicable fire
Rodriguez, Aerospace Engineer, response to each comment. extinguisher tubes must be replaced
International Section, Transport with tubes having an improved design
Standards Branch, FAA, 1601 Lind Request To Change Compliance Time to address the unsafe condition. We
Avenue SW., Renton, WA 98057–3356; From Flight Cycles to Flight Hours have not changed this AD in this regard.
telephone 425–227–1137; fax 425–227– Dassault Aviation noted that
1149. Explanation of Change to NPRM
paragraph (g) of the proposed AD
SUPPLEMENTARY INFORMATION: specified a compliance time of 450 In the proposed AD, we stated the
flight cycles but the MCAI specified a applicability included ‘‘Dassault
Discussion Aviation Model FAN JET FALCON’’
compliance time of 450 flight hours.
We issued a notice of proposed airplanes and inadvertently left out
Dassault Aviation requested that we
rulemaking (NPRM) to amend 14 CFR ‘‘SERIES C, D, E, F, and G’’ from the
change the compliance time in the
part 39 by adding an AD that would description. For clarity, we have revised
proposed AD to specify flight hours.
apply to all Dassault Aviation Model the applicability to read ‘‘Dassault
FAN JET FALCON, and Model We acknowledge the commenter’s Aviation Model FAN JET FALCON,
MYSTERE–FALCON 20–C5, 20–D5, 20– request and agree that we inadvertently FAN JET FALCON SERIES C, D, E, F,
E5, and 20–F5 airplanes. The NPRM referred to ‘‘flight cycles’’ instead of and G airplanes . . .’’ in this final rule.
published in the Federal Register on ‘‘flight hours’’ in paragraph (g) of the This change does not expand the scope
December 20, 2016 (81 FR 92747) (‘‘the proposed AD. Using flight cycles gives of the final rule or add airplanes to the
NPRM’’). The NPRM was prompted by operators approximately 3 additional applicability.
reports of defective fire extinguisher months to comply with the proposed
tubes. The NPRM proposed to require action based on the average fleet Conclusion
replacement of the affected fire utilization of these airplanes. However, We reviewed the relevant data,
extinguisher tubes with improved fire to reduce the compliance time of the considered the comments received, and
extinguisher tubes. We are issuing this proposed AD would necessitate (under determined that air safety and the
AD to prevent fire extinguisher failure. the provisions of the Administrative public interest require adopting this AD
Such a failure could result in the Procedure Act) reissuing the notice, with the changes described previously
inability to extinguish a fire in the rear reopening the period for public and minor editorial changes. We have
compartment, and possible damage to comment, and eventually issuing a final determined that these minor changes:
the airplane and injury to the occupants. rule. Those actions would add even • Are consistent with the intent that
The European Aviation Safety Agency more time to the rulemaking process was proposed in the NPRM for
(EASA), which is the Technical Agent and further delay mitigation of the correcting the unsafe condition; and
for the Member States of the European unsafe condition. We find that delaying • Do not add any additional burden
Union, has issued EASA Airworthiness issuance of this final rule is upon the public than was already
Directive 2016–0154, dated July 28, inappropriate in light of the identified proposed in the NPRM.
2016 (referred to after this as the unsafe condition. Most ADs, including We also determined that these
Mandatory Continuing Airworthiness this one, permit operators to accomplish changes will not increase the economic
jstallworth on DSKBBY8HB2PROD with RULES
Information, or ‘‘the MCAI’’), to correct the requirements of an AD at a time burden on any operator or increase the
an unsafe condition for all Dassault earlier than the specified compliance scope of this AD.
Aviation Model FAN JET FALCON, time. To more closely match the EASA
FAN JET FALCON SERIES C, D, E, F, specified compliance time without Related Service Information Under 1
and G; and Model MYSTERE–FALCON compromising safety, we have changed CFR Part 51
20–C5, 20–D5, 20–E5, and 20–F5 the compliance time in paragraph (g) of Dassault Aviation has issued Service
airplanes. The MCAI states: this AD to ‘‘within 450 flight cycles or Bulletin F20–790, dated September 14,
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2016. This service information describes available because the interested parties Costs of Compliance
procedures for the replacement of have access to it through their normal We estimate that this AD affects 133
affected fire extinguisher tubes with course of business or by the means airplanes of U.S. registry.
improved fire extinguisher tubes. This identified in the ADDRESSES section. We estimate the following costs to
service information is reasonably comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Fire extinguisher tube replacement ................ 3 work-hours × $85 per hour = $255 ............. $3,100 $3,355 $446,215
Authority for This Rulemaking 3. Will not affect intrastate aviation in (e) Reason
Title 49 of the United States Code Alaska; and This AD was prompted by reports of
specifies the FAA’s authority to issue 4. Will not have a significant defective fire extinguisher tubes. We are
economic impact, positive or negative, issuing this AD to prevent fire extinguisher
rules on aviation safety. Subtitle I,
failure. Such a failure could result in the
section 106, describes the authority of on a substantial number of small entities inability to extinguish a fire in the rear
the FAA Administrator. ‘‘Subtitle VII: under the criteria of the Regulatory compartment, and possible damage to the
Aviation Programs,’’ describes in more Flexibility Act. airplane and injury to the occupants.
detail the scope of the Agency’s
List of Subjects in 14 CFR Part 39 (f) Compliance
authority.
We are issuing this rulemaking under Air transportation, Aircraft, Aviation Comply with this AD within the
the authority described in ‘‘Subtitle VII, compliance times specified, unless already
safety, Incorporation by reference, done.
Part A, Subpart III, Section 44701: Safety.
General requirements.’’ Under that (g) Fire Extinguisher Tubes Replacement
section, Congress charges the FAA with Adoption of the Amendment
Within 450 flight cycles or 450 flight
promoting safe flight of civil aircraft in Accordingly, under the authority hours, whichever occurs later after the
air commerce by prescribing regulations delegated to me by the Administrator, effective date of this AD, replace each
for practices, methods, and procedures the FAA amends 14 CFR part 39 as
affected fire extinguisher tube, part number
the Administrator finds necessary for (P/N) MY20791–121 and P/N MY20791–122,
follows: with a serviceable fire extinguisher tube,
safety in air commerce. This regulation
is within the scope of that authority P/N MY20791–121–1 or P/N MY20791–122–
PART 39—AIRWORTHINESS 1, as applicable, in accordance with the
because it addresses an unsafe condition DIRECTIVES Accomplishment Instructions of Dassault
that is likely to exist or develop on Service Bulletin F20–790, dated September
products identified in this rulemaking ■ 1. The authority citation for part 39 14, 2016.
action. continues to read as follows:
This AD is issued in accordance with (h) Parts Installation Prohibition
authority delegated by the Executive Authority: 49 U.S.C. 106(g), 40113, 44701. No person may install a fire extinguisher
Director, Aircraft Certification Service, tube, P/N MY20791–121 or P/N MY20791–
§ 39.13 [Amended] 122, on any airplane, as of the applicable
as authorized by FAA Order 8000.51C.
2. The FAA amends § 39.13 by adding time specified in paragraph (h)(1) or (h)(2) of
In accordance with that order, issuance ■
this AD.
of ADs is normally a function of the the following new airworthiness (1) For an airplane equipped with an
Compliance and Airworthiness directive (AD): affected fire extinguisher tube as of the
Division, but during this transition 2017–21–01 Dassault Aviation: effective date of this AD: After modification
period, the Executive Director has Amendment 39–19072; Docket No. of that airplane as required by paragraph (g)
delegated the authority to issue ADs FAA–2016–9500; Product Identifier of this AD.
applicable to transport category 2016–NM–140–AD. (2) For an airplane that is not equipped
airplanes to the Director of the System with an affected fire extinguisher tube as of
(a) Effective Date the effective date of this AD: As of the
Oversight Division.
This AD is effective November 27, 2017. effective date of this AD.
Regulatory Findings
(b) Affected ADs (i) Other FAA AD Provisions
We determined that this AD will not The following provisions also apply to this
None.
have federalism implications under AD:
Executive Order 13132. This AD will (c) Applicability (1) Alternative Methods of Compliance
not have a substantial direct effect on This AD applies to the airplanes identified (AMOCs): The Manager, International
the States, on the relationship between in paragraphs (c)(1) and (c)(2) of this AD, Section, Transport Standards Branch, FAA,
the national government and the States, certificated in any category. has the authority to approve AMOCs for this
or on the distribution of power and (1) Dassault Aviation Model FAN JET AD, if requested using the procedures found
responsibilities among the various FALCON, FAN JET FALCON SERIES C, D, E, in 14 CFR 39.19. In accordance with 14 CFR
F, and G airplanes, all manufacturer serial 39.19, send your request to your principal
levels of government.
jstallworth on DSKBBY8HB2PROD with RULES
numbers. inspector or local Flight Standards District
For the reasons discussed above, I Office, as appropriate. If sending information
(2) Dassault Aviation Model MYSTERE–
certify that this AD: FALCON 20–C5, 20–D5, 20–E5, and 20–F5 directly to the International Section, send it
1. Is not a ‘‘significant regulatory airplanes, all manufacturer serial numbers. to the attention of the person identified in
action’’ under Executive Order 12866; paragraph (j)(2) of this AD. Information may
2. Is not a ‘‘significant rule’’ under the (d) Subject be emailed to: 9-ANM-116-AMOC-
DOT Regulatory Policies and Procedures Air Transport Association (ATA) of REQUESTS@faa.gov. Before using any
(44 FR 11034, February 26, 1979); America Code 26, Fire protection. approved AMOC, notify your appropriate
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![Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations 48915
principal inspector, or lacking a principal DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m.
inspector, the manager of the local flight and 5 p.m., Monday through Friday,
standards district office/certificate holding Federal Aviation Administration except Federal holidays. The AD docket
district office. contains this AD, the regulatory
(2) Contacting the Manufacturer: For any 14 CFR Part 39 evaluation, any comments received, and
requirement in this AD to obtain corrective other information. The street address for
actions from a manufacturer, the action must [Docket No. FAA–2017–0692; Product
Identifier 2017–NM–043–AD; Amendment the Docket Office (telephone 800–647–
be accomplished using a method approved 5527) is Docket Management Facility,
39–19075; AD 2017–21–04]
by the Manager, International Section, U.S. Department of Transportation,
Transport Standards Branch, FAA; or the RIN 2120–AA64
Docket Operations, M–30, West
European Aviation Safety Agency (EASA); or
Airworthiness Directives; Gulfstream Building Ground Floor, Room W12–140,
Dassault Aviation’s EASA Design
Aerospace LP (Type Certificate 1200 New Jersey Avenue SE.,
Organization Approval (DOA). If approved by
Previously Held by Israel Aircraft Washington, DC 20590.
the DOA, the approval must include the
DOA-authorized signature. Industries, Ltd.) Airplanes FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
(j) Related Information AGENCY: Federal Aviation
International Section, Transport
(1) Refer to Mandatory Continuing Administration (FAA), Department of
Standards Branch, FAA, 1601 Lind
Airworthiness Information (MCAI) EASA Transportation (DOT).
Avenue SW., Renton, WA 98057–3356;
Airworthiness Directive 2016–0154, dated ACTION: Final rule. telephone 425–227–1137; fax 425–227–
July 28, 2016, for related information. This 1149.
MCAI may be found in the AD docket on the SUMMARY: We are adopting a new
Internet at http://www.regulations.gov by airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION:
searching for and locating Docket No. FAA– Gulfstream Aerospace LP Model
Gulfstream G150 airplanes. This AD was Discussion
2016–9500.
(2) For more information about this AD, prompted by a report indicating that the We issued a notice of proposed
contact Tom Rodriguez, Aerospace Engineer, main entrance door (MED) opened rulemaking (NPRM) to amend 14 CFR
International Section, Transport Standards during flight, and by the determination part 39 by adding an AD that would
Branch, FAA, 1601 Lind Avenue SW., that the ‘‘CABIN DOOR UNLOCK’’ crew apply to certain Gulfstream Aerospace
Renton, WA 98057–3356; telephone 425– alerting system (CAS) message may LP Model Gulfstream G150 airplanes.
227–1137; fax 425–227–1149. extinguish before the handle latch pin is The NPRM published in the Federal
(k) Material Incorporated by Reference fully engaged. This AD requires Register on July 17, 2017 (82 FR 32656)
accomplishing an updated rigging (‘‘the NPRM’’).
(1) The Director of the Federal Register procedure for the adjustment of the
approved the incorporation by reference The Civil Aviation Authority of Israel
MED microswitch. We are issuing this
(IBR) of the service information listed in this (CAAI), which is the aviation authority
AD to address the unsafe condition on
paragraph under 5 U.S.C. 552(a) and 1 CFR for Israel, has issued Israeli
these products.
part 51. Airworthiness Directive ISR–I–52–
(2) You must use this service information DATES: This AD is effective November 2017–03–28, dated January 3, 2017
as applicable to do the actions required by 27, 2017. (referred to after this as the Mandatory
this AD, unless this AD specifies otherwise. The Director of the Federal Register Continuing Airworthiness Information,
(i) Dassault Service Bulletin F20–790, approved the incorporation by reference or ‘‘the MCAI’’), to correct an unsafe
dated September 14, 2016. of a certain publication listed in this AD condition for certain Gulfstream
(ii) Reserved. as of November 27, 2017. Aerospace LP Model Gulfstream G150
(3) For service information identified in ADDRESSES: For service information airplanes. The MCAI states:
this AD, contact Dassault Falcon Jet identified in this final rule, contact
Corporation, Teterboro Airport, P.O. Box [The purpose of the Israeli AD is] to
Gulfstream Aerospace Corporation, P.O. improve the Main Entrance Door (MED)
2000, South Hackensack, NJ 07606; Box 2206, Mail Station D–25, Savannah, microswitch adjustment procedure so that
telephone 201–440–6700; Internet http:// GA 31402–2206; telephone 800–810– the locking indication will be extinguished
www.dassaultfalcon.com. 4853; fax 912–965–3520; email pubs@ when the door handle is locked.
(4) You may view this service information
gulfstream.com; Internet http://
at the FAA, Transport Standards Branch, The required actions include
www.gulfstream.com/product_support/
1601 Lind Avenue SW., Renton, WA. For accomplishing an updated rigging
information on the availability of this
technical_pubs/pubs/index.htm. You
may view this referenced service procedure for the adjustment of the
material at the FAA, call 425–227–1221. MED microswitch. The unsafe condition
(5) You may view this service information information at the FAA, Transport
Standards Branch, 1601 Lind Avenue is the in-flight opening of the MED,
that is incorporated by reference at the which could lead to structural damage
National Archives and Records SW., Renton, WA. For information on
the availability of this material at the and loss of control of the airplane. You
Administration (NARA). For information on
FAA, call 425–227–1221. It is also may examine the MCAI in the AD
the availability of this material at NARA, call
202–741–6030, or go to: http:// available on the Internet at http:// docket on the Internet at http://
www.archives.gov/federal-register/cfr/ibr- www.regulations.gov by searching for www.regulations.gov by searching for
locations.html. and locating Docket No. FAA–2017– and locating Docket No. FAA–2017–
0692. 0692.
jstallworth on DSKBBY8HB2PROD with RULES
Issued in Renton, Washington, on October
11, 2017. Examining the AD Docket Comments
Dionne Palermo, You may examine the AD docket on We gave the public the opportunity to
Acting Director, System Oversight Division, the Internet at http:// participate in developing this AD. We
Aircraft Certification Service. www.regulations.gov by searching for received no comments on the NPRM or
[FR Doc. 2017–22564 Filed 10–20–17; 8:45 am] and locating Docket No. FAA–2017– on the determination of the cost to the
BILLING CODE 4910–13–P 0692; or in person at the Docket public.
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Document Created: 2017-10-21 02:36:02
Document Modified: 2017-10-21 02:36:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective November 27, 2017. | |
| Contact | Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227- 1149. | |
| FR Citation | 82 FR 48912 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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