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 Generale 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 serviceinformation 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 AD2005-07-23. 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 Frenchemergency 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 andopportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
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 thecriteria 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
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
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 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: