FR Doc 05-17598

[Federal Register: September 9, 2005 (Volume 70, Number 174)]
[Rules and Regulations]
[Page 53540-53543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se05-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22309; Directorate Identifier 2005-NM-159-AD;
Amendment 39-14254; AD 2005-18-14]
RIN 2120-AA64

Airworthiness Directives; Avions Marcel Dassault-Breguet Model
Falcon 10 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to all Dassault Model Falcon 10 series airplanes. The
existing AD currently requires revising the airplane flight manual
(AFM) and installing a placard in the flight deck to prohibit flight
into known or forecasted icing conditions. In lieu of the AFM revision
and placard installation, that AD allows identifying the part number of
each flexible hose in the wing (slat) anti-icing system, performing
repetitive inspections of each hose for delamination, and performing
corrective actions if necessary. This AD adds the following actions
(also in lieu of the AFM revision and placard installation): New
repetitive inspections for delamination at reduced intervals,
corrective actions if necessary, and an additional AFM revision to
include a statement to track flight cycles when the slat anti-icing
system is activated. This AD also provides an option to repetitively
replace the existing flexible hoses with improved flexible hoses, which
terminates the repetitive inspection requirements. This AD results from
a report of in-service delamination of a flexible hose in the slat
anti-icing system at a time earlier than previously reported. We are
issuing this AD to prevent collapse of the flexible hoses in the slat
anti-icing system, which could lead to insufficient anti-icing
capability and, if icing is encountered in this situation, could result
in reduced controllability of the airplane.

DATES: This AD becomes effective September 26, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 26,
2005.
On April 26, 2005 (70 FR 18282, April 11, 2005), the Director of
the Federal Register approved the incorporation by reference of
Dassault Alert Service Bulletin F10-A312, dated February 25, 2005,
including the Service Bulletins Compliance Card.
We must receive any comments on this AD by November 8, 2005.

ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington,

[[Page 53541]]

DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606, for service information identified in this AD.
You may examine the contents of the AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,

U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This
docket number is FAA-2005-22309; the directorate identifier for this
docket is 2005-NM-159-AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

On March 31, 2005, the FAA issued AD 2005-07-23, amendment 39-14048
(70 FR 18282, April 11, 2005). That AD applies to all Dassault Model
Falcon 10 series airplanes. That AD requires revising the Limitations
section of the airplane flight manual (AFM) to include a statement
prohibiting flight into known or forecasted icing conditions, and
installing a placard in the flight deck. In lieu of the AFM revision
and placard installation, that AD allows identifying the part number of
each flexible hose in the wing (slat) anti-icing system, performing
repetitive detailed inspections of each hose for delamination, and
performing corrective actions if necessary. That AD resulted from a
report of delamination of the internal wall of a flexible hose in the
slat anti-icing system. The actions specified in that AD are intended
to prevent collapse of the flexible hoses in the slat anti-icing
system, which could lead to insufficient anti-icing capability and, if
icing is encountered in this situation, could result in reduced
controllability of the airplane.

Actions Since AD Was Issued

Since we issued that AD the Direction G[eacute]n[eacute]rale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, informed us of an in-service delamination of a flexible hose in
the slat anti-icing system at a time earlier than previously reported.
In addition, the preamble to AD 2005-07-23 explains that we
consider the requirements ``interim action'' and were considering
further rulemaking. We now have determined that further rulemaking is
indeed necessary, and, although a final action has not yet been
developed, this AD follows from that determination.

Relevant Service Information

Avions Marcel Dassault-Breguet has issued Dassault Alert Service
Bulletin F10-A312, Revision 1, dated June 27, 2005. The existing AD
refers to Dassault Alert Service Bulletin F10-A312, dated February 25,
2005, as the appropriate source of service information for
accomplishing the required actions of that AD. Dassault Alert Service
Bulletin F10-A312, Revision 1, describes procedures for a visual check
and an improved boroscope inspection of the internal walls of each
flexible hose in the slat anti-icing system for blistering
(delamination), and performing corrective actions if necessary. The
corrective actions include replacing any hose that doesn't have a
certain part number with a hose having the part number specified in the
service bulletin, and replacing any damaged hose with a new hose having
the part number specified in the service bulletin. The DGAC mandated
the service bulletin and issued French emergency airworthiness
directive EASA.A.AD.01001, dated June 29, 2005, to ensure the continued
airworthiness of these airplanes in France.
Avions Marcel Dassault-Breguet has also issued Dassault Service
Bulletin F10-313, dated August 10, 2005. This service bulletin
describes procedures for replacing the existing flexible hoses with
improved flexible hoses, having a new part number. These new flexible
hoses have a temporary life limit of 90 flight cycles during which the
slat anti-icing system is in use.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This AD

This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to supersede AD 2005-07-23. This
new AD retains the requirements of the existing AD. This AD also:
Provides an improved inspection method and reduces the
intervals for the inspections;
Provides an option to repetitively replace the existing
flexible hoses with improved flexible hoses, which terminates the
repetitive inspection requirements;
Requires revising the Limitations section of the AFM to
provide a mechanism for tracking flight cycles in which the slat anti-
icing system is activated; and
Requires sending the inspection results to the
manufacturer.

Differences Between the AD and the French Emergency Airworthiness
Directive

This AD differs from the French emergency airworthiness directive
in that it includes the option to install improved flexible hoses. The
airplane manufacturer is requesting that the DGAC approve this option
as an alternative method of complying with French emergency
airworthiness directive EASA.A.AD.01001.
This AD also differs from the French emergency airworthiness
directive by requiring an AFM revision to enable the tracking of flight
cycles in which the slat anti-icing system is activated. The French
emergency airworthiness directive contains instructions to the
flightcrew to record in the flight log any time the anti-icing system
switch is on during flight, but does not specify an AFM revision.
These differences have been coordinated with the DGAC.

Interim Action

This AD is considered to be interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the delamination
of the internal walls of a flexible hose, and eventually to develop
final action to address the unsafe condition. Once final action has
been identified, we may consider further rulemaking.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.

[[Page 53542]]

Explanation of Change to Applicability

We have revised the applicability of the AD to identify the model
designation as published in the most recent type certificate data sheet
for the affected model.

Clarification of Inspection Terminology

In this AD, the ``visual check'' specified in Dassault Alert
Service Bulletin F10-A312, Revision 1, is referred to as a ``detailed
inspection.'' We have included the definition for a detailed inspection
in a note in this AD.

Comments Invited

This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22309; Directorate Identifier 2005-NM-159-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of that Web
site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You can review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you can visit
http://dms.dot.gov.

Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.

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 have 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 the 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); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14048 (70 FR 18282, April 11, 2005) and adding
the following new AD:

2005-18-14 Avions Marcel Dassault-Breguet Aviation (AMD/BA): Docket
No. FAA-2005-22309; Directorate Identifier 2005-NM-159-AD; Amendment
39-14254.

Effective Date

(a) This AD becomes effective September 26, 2005.

Affected ADs

(b) This AD supersedes AD 2005-07-23.

Applicability

Unsafe Condition

(d) This AD results from a report of in-service delamination of
a flexible hose in the slat anti-icing system at a time earlier than
previously reported. We are issuing this AD to prevent collapse of
the flexible hoses in the slat anti-icing system, which could lead
to insufficient anti-icing capability and, if icing is encountered
in this situation, could result in reduced controllability of the
airplane.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of the Requirements of AD 2005-07-23

Repetitive Inspections, or Airplane Flight Manual (AFM) Revision
and Placard Installation

(f) Within 14 days after April 26, 2005 (the effective date of
AD 2005-07-23), perform the actions specified in either paragraph
(f)(1) or (f)(2) of this AD:
(1) Revise the Limitations section of the Dassault Aviation
Falcon 10 AFM, and install a placard in the flight deck, to include
the following information.

``Flights into known or forecasted icing conditions are
prohibited.''

The AFM revision may be done by inserting a copy of this AD into
the AFM. Install the placard on the pedestal in clear view of the
pilot.
(2) Determine the part number of each flexible hose installed in
the slat anti-icing system, perform a detailed inspection of the
internal walls of the hoses for delamination, and perform any
applicable corrective action, by accomplishing all of the applicable
actions specified in the Accomplishment Instructions of Dassault
Alert Service Bulletin F10-A312, dated February 25, 2005. If the
part number for any hose cannot be determined, before further
flight, replace that hose with a hose having part number (P/N)
FAL1005D. Any corrective action must be

[[Page 53543]]

done before further flight. Repeat the detailed inspection
thereafter at intervals not to exceed 60 flight cycles or 3 months,
whichever is first, until the actions required by paragraph (i) of
this AD are accomplished.

Note 1: When a statement identical to that in paragraph (f)(1)
of this AD has been included in the general revision of the AFM, the
general revision may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

(g) For airplanes on which the actions described in paragraph
(f)(1) of this AD are performed, doing the actions described in
paragraph (f)(2) of this AD is terminating action for the
requirements of paragraph (f)(1) of this AD. Once the initial
detailed inspection specified in paragraph (f)(2) of this AD is
performed, the AFM limitation and placard required by paragraph
(f)(1) of this AD may be removed.

New Requirements of This AD

New Inspections and Intervals

(h) For airplanes not operated under the limitation in paragraph
(f)(1) of this AD, before the next 10 flight cycles in which the
slat anti-icing system is activated after the effective date of this
AD: Do a boroscope inspection of each flexible hose installed in the
slat anti-icing system. Do all the inspections and any applicable
corrective action (including replacing the hose with a new hose
having P/N FAL1005D), by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of Dassault Alert
Service Bulletin F10-A312, Revision 1, dated June 27, 2005. Any
corrective action must be done before further flight. Repeat the
inspection thereafter at intervals not to exceed 10 flight cycles in
which the slat anti-icing system is activated. Doing this inspection
terminates the repetitive inspection requirements of paragraph
(f)(2) of this AD.
(i) For airplanes on which the actions described in paragraph
(f)(1) of this AD are performed, doing the actions described in
paragraph (h) of this AD is terminating action for the requirements
of paragraph (f)(1) of this AD. Once the initial boroscope
inspection specified in paragraph (h) of this AD is performed, the
AFM limitation and placard required by paragraph (f)(1) of this AD
may be removed.

AFM Revision

(j) For airplanes not operated under the limitation in paragraph
(f)(1) of this AD, before further flight after the effective date of
this AD: Revise the Limitations section of the Dassault Aviation
Falcon 10 AFM, to include the following information.

``After each flight in which the slat anti-ice system is
activated, inform maintenance.''

The AFM revision may be done by inserting a copy of this AD into
the AFM.

Note 3: When a statement identical to that in paragraph (j)(1)
of this AD has been included in the general revision of the AFM, the
general revision may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

Optional Replacement

(k) For airplanes not operated under the limitation in paragraph
(f)(1) of this AD: Replacing the flexible hose installed in the slat
anti-icing system with a new hose having P/N FAL1007, in accordance
with the Accomplishment Instructions of Dassault Service Bulletin
F10-313, dated August 10, 2005, terminates the repetitive inspection
intervals of paragraph (h) and (f)(2) of this AD. Repeat the
replacement thereafter at intervals not to exceed 90 flight cycles
in which the slat anti-icing system is activated.

Reporting Requirement

(l) At the applicable time specified in paragraph (l)(1) or
(l)(2) of this AD: After performing any inspection required by this
AD, submit a report of the findings (positive and negative) of the
inspection to: Dassault Falcon Jet, Attn: Service Engineering/Falcon
10, fax: (201) 541-4700. The report must include the airplane serial
number, the location of the hose (inboard or outboard), the number
of flight hours since hose installation, the number of cycles in
icing conditions, and the manufacturing date and batch number of the
hose. Submission of the Service Bulletins Compliance card, which is
attached to Dassault Alert Service Bulletin F10-A312, is an
acceptable method of complying with this requirement. Under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.), the Office of Management and Budget (OMB) has approved the
information collection requirements contained in this AD and has
assigned OMB Control Number 2120-0056.
(1) If the inspection is done after the effective date of this
AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

Actions Accomplished in Accordance With Previous Issue of Service
Bulletin

(m) Actions accomplished before the effective date of this AD in
accordance with the Accomplishment Instructions of Dassault Alert
Service Bulletin F10-A312, dated February 25, 2005, are acceptable
for compliance with the corresponding action in this AD.

Alternative Methods of Compliance (AMOCs)

(n) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.

Related Information

(o) French emergency airworthiness directive EASA.A.AD.01001,
dated June 29, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

(p) You must use Dassault Alert Service Bulletin F10-A312, dated
February 25, 2005, including the Service Bulletins Compliance Card;
and Dassault Alert Service Bulletin F10-A312, Revision 1, dated June
27, 2005, including the Service Bulletins Compliance Card; as
applicable; to perform the actions that are required by this AD,
unless the AD specifies otherwise. If accomplished, you must used
Dassault Service Bulletin F10-313, dated August 10, 2005, to perform
the optional replacement specified by this AD.
(1) The Director of the Federal Register approved the
incorporation by reference of Dassault Alert Service Bulletin F10-
A312, Revision 1, dated June 27, 2005, including the Service
Bulletins Compliance Card; and Dassault Service Bulletin F10-313,
dated August 10, 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) On April 26, 2005 (70 FR 18282, April 11, 2005), the
Director of the Federal Register approved the incorporation by
reference of Dassault Alert Service Bulletin F10-A312, dated
February 25, 2005, including the Service Bulletins Compliance Card.
(3) Contact Dassault Falcon Jet, P.O. Box 2000, South
Hackensack, New Jersey 07606, for a copy of this service
information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at http://dms.dot.gov; or at the National Archives and Records

Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

Issued in Renton, Washington, on August 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-17598 Filed 9-8-05; 8:45 am]

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