Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on March 26, 2009 (74 FR 13147). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:
This Airworthiness Directive (AD) is issued following the discovery of hot air leaks when operating the wing anti-icing system. The seals Part Number (P/N) MS29513-325, near the de-icing valves (12H1) and (12H2) in frame 33 area, do not have the proper temperature rating.
The consequences, in the area of the hot air leak, are risks of ignition of potential hydraulic leaks.
The purpose of this AD is to verify that seals with correct temperature rating have been installed on Mystere-Falcon 20-()5 airplanes.
The corrective action includes replacing the left and right seals near de-icing valves (12H1) and (12H2) in frame area 33. You may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comment received.
Request To Refer to Current Revision of the Service Bulletin
Dassault Falcon Jet Corporation (Dassault) requests that we revise the NPRM to refer to Revision 1 of Dassault Mandatory Service Bulletin F20-766, dated June 24, 2008, in this AD. We referred to Dassault Service Bulletin F20-766, dated October 31, 2005, in the NPRM as the appropriate source of service information for doing the proposed requirements.
We agree. Dassault Mandatory Service Bulletin F20-766, Revision 1, dated June 24, 2008, does not specify any additional action for airplanes on which the required actions have been accomplished in accordance with the original issue of Dassault Service Bulletin F20- 766, dated October 31, 2005. Also, paragraph 1.D. of Dassault Mandatory Service Bulletin F20-766, Revision 1, dated June 24, 2008, revises the compliance to correspond with the MCAI. Therefore, we revised paragraphs (f) and (h) of this AD to refer to Dassault Mandatory Service Bulletin F20-766, Revision 1, dated June 24, 2008. We have also revised paragraph (f) of this AD to give credit for actions done before the effective date of this AD in accordance with Dassault Service Bulletin F20-766, dated October 31, 2005.
Conclusion
We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 187 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $14,960, or $80 per product.
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 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); 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD: