[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Proposed Rules]
[Pages 64636-64638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27792]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-291-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 900 and 
Falcon 900EX Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 900 and Falcon 900EX series airplanes. This proposal would 
require replacement of the protective screens of the underfloor 
structure boxes at frame 25. This action is necessary to prevent water 
from collecting and freezing in the structure boxes at frame 25, which 
could result in jamming of the flight controls and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by November 29, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-291-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    Comments may be submitted via fax to (425) 227-1232. Comments may 
also be sent via the Internet using the following address: [email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2000-NM-291-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.

[[Page 64637]]

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-291-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-291-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direccion Generale de l'Aviacion Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Dassault Model Mystere-Falcon 900 and 
Falcon 900EX series airplanes. The DGAC advises that it has received a 
report of clogging at the drain hole for the underfloor structure boxes 
at frame 25. Other reports have been received indicating that these 
screens may encourage water retention in the structure boxes through 
which the flight and throttle controls are routed. Such water retention 
is the result of their mesh and installation of the screens. If water 
collects in the structure boxes at frame 25, it could freeze, which 
could result in jamming of the flight controls and consequent reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    Dassault has issued Falcon 900EX Service Bulletin 0093, dated March 
1999, and Falcon 900 Service Bulletin 0232, dated March 1999. These 
service bulletins describe procedures for removing the existing 
protective screens that are riveted to the center beam and are also 
bonded to the frame and to the bottom of the underfloor structure boxes 
at frame 25, and installing new wider-mesh screens that are riveted to 
the center beam and bonded to the frame only. Accomplishment of the 
actions specified in the service bulletins is intended to adequately 
address the identified unsafe condition. The DGAC classified these 
service bulletins as mandatory and issued French airworthiness 
directive 1999-446-028(B), dated November 3, 1999, in order to assure 
the continued airworthiness of these airplanes in France.

FAA's Conclusions

    These airplane models are manufactured in France and are 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. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletins described previously.

Cost Impact

    The FAA estimates that 127 Dassault Model Mystere-Falcon 900 and 
Falcon 900EX series airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 5 work hours per 
airplane to accomplish the proposed actions, and that the average labor 
rate is $60 per work hour. Required parts would cost approximately $128 
per airplane. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $54,356, or $428 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Dassault Aviation: Docket 2000-NM-291-AD.

    Applicability: Model Mystere-Falcon 900 series airplanes having 
serial numbers 1 through 177 inclusive; and Model Falcon 900EX 
series airplanes having serial numbers 1 through 41 inclusive; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.


[[Page 64638]]


    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent water from collecting and freezing in the structure 
boxes at frame 25, which could result in jamming of the flight 
controls and consequent reduced controllability of the airplane, 
accomplish the following:

Screen Replacement

    (a) Within 6 months after the effective date of this AD: Remove 
the existing protective screens that are riveted to the center beam 
and are also bonded to the frame and to the bottom of the underfloor 
structure boxes at frame 25, and install new wider-mesh screens that 
are riveted to the center beam and bonded to the frame only. 
Accomplish the actions in accordance with Dassault Falcon 900 
Service Bulletin 0232, dated March 1999, or Dassault Falcon 900EX 
Service Bulletin 0093, dated March 1999, as applicable.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 1999-446-028(B), dated November 3, 1999.


    Issued in Renton, Washington, on October 24, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-27792 Filed 10-27-00; 8:45 am]
BILLING CODE 4910-13-P