The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on all Dassault Model Falcon 10 series airplanes. The DGAC advises that a flexible hose in the wing anti-icing system collapsed on a Dassault Model Falcon 10 series airplane. The flexible hoses supply hot air for anti-icing of the inboard and outboard slats of the wing. Investigation revealed that the hose collapsed due to delamination of the internal wall, which resulted in the obstruction of airflow through the hose. This condition, if not corrected, could result in insufficient anti-icing capability and, if icing is encountered in this situation, cold result in reduced controllability of the airplane.
Relevant Service Information
Dassault has issued Alert Service Bulletin F10-A312, dated February 25, 2005. The alert service bulletin describes procedures for identifying the part number of the flexible hoses, inspecting the internal walls of the hoses for blistering (delamination), and performing corrective actions. 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 alert service bulletin and issued French emergency airworthiness directive UF-2005-041, issued February 25, 2005, to ensure the continued airworthiness of these airplanes in France.
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 prevent the collapse of flexible hoses in the wing 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.
This 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, this AD allows identifying the part number of each flexible hose in the wing anti-icing system, performing repetitive detailed inspections of each hose for delamination, and performing corrective actions if necessary, by accomplishing the actions specified in the service information described previously. The AD also requires sending the inspection results to the airplane manufacturer. When the unsafe condition addressed by an AD is likely due to a manufacturer's quality control (QC) problem, a reporting requirement is instrumental in ensuring that as much information as possible can be gathered regarding the extent and nature of the QC problem or breakdown, especially in cases where the data may not be available through other established means. This information is necessary to ensure that proper corrective action will be taken.
Difference Between the AD and French Emergency Airworthiness Directive
If an operator chooses to do the AFM revision and placard installation instead of the repetitive inspection of the flexible hoses, the French emergency airworthiness directive mandates performing the AFM revision before the next flight of the airplane. This AD allows operators 14 days after the effective date of this AD to complete the AFM revision. In developing an appropriate compliance time for this AD, we considered the DGAC's recommendation, as well as the degree of urgency associated with the subject unsafe condition. In light of these factors, we find that a 14-day compliance time represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety.
The DGAC is aware of this difference.
Clarification of Life Limits and Repetitive Inspection Intervals
For the flexible hoses, the French emergency airworthiness directive references the existing life limit of 3,000 flight hours, which is in Chapter 5-40 of the Dassault Falcon 10 Airplane Maintenance Manual. The French emergency airworthiness directive requires a revision to Chapter 5-40 to include repetitive inspections of the hoses. This AD is not requiring a change to Chapter 5-40 since these inspections are required by this AD. For operators that choose to do the repetitive inspections, this AD requires repetitive inspections at intervals of 60 flight cycles or 3 months, whichever is first.
Clarification of Type of Inspection
The "inspection'' of the internal walls of the flexible hoses specified in the alert service bulletin is identified as a "detailed inspection'' in this AD. We have included the definition for a detailed inspection in Note 1 of this AD.
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.
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 under ADDRESSES. Include "Docket No. FAA-2005-20884; Directorate Identifier 2005-NM-051-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
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 our docket 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.
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 aircommerce 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. 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 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 airworthiness directive (AD):