Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2013-0262, dated October 30, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
Cracks were found on two Falcon 10 aeroplanes on the inboard end plate (rib) of the Right Hand (RH) inboard flap. On both aeroplanes the crack had initiated in the same area of the rib.
This condition, if not detected and corrected, could lead to complete fracture of the rib and loss of integrity of the flap structure.
To address this potential unsafe condition, Dassault Aviation published Service Bulletin (SB) F10-318, which provides instructions for inspection of the affected area.
For reasons described above, this [EASA] AD requires a one-time [detailed] inspection of the RH and Left Hand (LH) inboard flaps and, depending on findings, replacement of the cracked part.
You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA- 2013-0979.
Relevant Service Information
Dassault Aviation has issued Mandatory Service Bulletin F10-318, dated October 30, 2013. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because cracking of the inboard end plate (rib) of the inboard flap could lead to complete fracture of the rib and loss of integrity of the flap structure, resulting in loss of control of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.
[[Page 73688]]
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0979; Directorate Identifier 2013-NM-223-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
We estimate that this AD affects 81 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 costParts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspection.................. 1 work-hour x $85 per hour = $0 $85 $6,885
$85. ----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacement that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this replacement:
On-Condition Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement.......................... 2 work-hours x $85 per hour = $170..... $41,600 $41,770 ----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We determined that this 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.