Airworthiness Directives; Avions Marcel Dassault-Breguet Model Falcon 10 Airplanes, 53540-53543 [05-17598]
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53540
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
PART 966—TOMATOES GROWN IN
FLORIDA
definition for Pickling to read as
follows:
1. The authority citation for 7 CFR
part 966 continues to read as follows:
§ 966.323
I
Authority: 7 U.S.C. 601–674.
2. In part 966, a new § 966.124 is
added to read as follows:
I
§ 966.124
Approved receiver.
(a) Approved receiver. Any person
who desires to acquire, as an approved
receiver, tomatoes for purposes as set
forth in § 966.120(a), shall annually,
prior thereto, file an application with
the committee on a form approved by it,
which shall contain, but not be limited
to, the following information:
(1) Name, address, contact person,
telephone number, and e-mail address
of applicant;
(2) Purpose of shipment;
(3) Physical address of where
manufacturing or other specified
purpose is to occur;
(4) Whether or not the receiver packs,
repacks or sells fresh tomatoes;
(5) A statement that the tomatoes
obtained exempt from the fresh tomato
regulations will not be resold or
transferred for resale, directly or
indirectly, but will be used only for the
purpose specified in the corresponding
certificate of privilege;
(6) A statement agreeing to undergo
random inspection by the committee;
(7) A statement agreeing to submit
such reports as is required by the
committee.
(b) The committee, or its duly
authorized agents, shall give prompt
consideration to each application for an
approved receiver and shall determine
whether the application is approved or
disapproved and notify the applicant
accordingly.
(c) The committee, or its duly
authorized agents, may rescind a
person’s approved receiver status upon
proof satisfactory that such a receiver
has handled tomatoes contrary to the
provisions established under the
Certificate of Privilege. Such action
rescinding approved receiver status
shall apply to and not exceed a
reasonable period of time as determined
by the committee or its duly authorized
agents. Any person who has been
denied as an approved receiver or who
has had their approved receiver status
rescinded, may appeal to the committee
for reconsideration. Such an appeal
shall be made in writing.
I 3. In § 966.323, a new paragraph (5) is
added to paragraph (c), and paragraph
(g) is amended by revising the
definitions of Processing and U.S.
tomato Standards, and by adding a
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Handling regulations.
*
*
*
*
*
(c) * * *
(5) Make shipments only to those who
have qualified with the committee as
approved receivers.
*
*
*
*
*
(g) * * *Processing as used in
§§ 966.120 and 966.323 means the
manufacture of any tomato product
which has been converted into juice, or
preserved by any commercial process,
including canning, dehydrating, drying,
and the addition of chemical
substances. Further, all processing
procedures must result in a product that
does not require refrigeration until
opened. Pickling as used in §§ 966.120
and 966.323 means to preserve tomatoes
in a brine or vinegar solution. U.S.
tomato standards means the revised
United States Standards for Fresh
Tomatoes (7 CFR 51.1855 through
51.1877), effective October 1, 1991, as
amended, or variations thereof specified
in this section. Other terms in this
section shall have the same meaning as
when used in Marketing Agreement No.
125, as amended, and this part, and the
U.S. tomato standards.
Dated: September 2, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–17860 Filed 9–8–05; 8:45 am]
BILLING CODE 3410–02–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
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
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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.
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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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,
DATES:
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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
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 https://
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
´ ´
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
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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 antiicing 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.
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53541
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.
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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
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 https://
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
https://dms.dot.gov.
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.
Examining the Docket
You may examine the AD docket on
the Internet at https://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.
List of Subjects in 14 CFR Part 39
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
I
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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:
I
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.
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§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14048 (70
FR 18282, April 11, 2005) and adding
the following new AD:
I
2005–18–14 Avions Marcel DassaultBreguet 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
(c) This AD applies to all Avions Marcel
Dassault-Breguet Model Falcon 10 airplanes,
certificated in any category.
Unsafe Condition
(d) This AD results from a report of inservice 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
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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.
‘‘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.
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.
Optional Replacement
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.
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(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.
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53543
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 https://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 https://
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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19955; Directorate
Identifier 2004–NE–17–AD; Amendment 39–
14252; AD 2005–18–12]
RIN 2120–AA64
Airworthiness Directives; Hartzell
Propeller Inc. Propellers
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53540-53543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17598]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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
https://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 https://
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
https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
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
(c) This AD applies to all Avions Marcel Dassault-Breguet Model
Falcon 10 airplanes, certificated in any category.
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 https://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 https://
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]
BILLING CODE 4910-13-P