[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Proposed Rules]
[Pages 9954-9955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4839]



[[Page 9954]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-399-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).

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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 certain self-adhering soundproofing mats under 
the passenger consoles in the cabin, which are not sufficiently fire-
retardant, with mats that are not self-adhering and are sufficiently 
fire-retardant. This action is necessary to prevent an uncontrolled 
fire in the cabin due to self-adhering soundproofing mats under the 
passenger consoles in the cabin, which are not sufficiently fire-
retardant. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by April 2, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-399-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. 2001-NM-399-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: 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:

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-399-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. 2001-NM-399-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction Generale de l'Aviation 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 a new type of 
self'adhering soundproofing mat has been installed under the passenger 
cabin console on these two airplane models. These mats are placed 
behind the air-conditioning ducts and are covered with a protective 
film to prevent sticking. Tests have demonstrated that due to their 
composition, i.e., self-adhering silicon foam and polyester film, these 
mats are insufficiently fire retardant. This condition, if not 
corrected, could result in an uncontrolled fire in the cabin.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletins F900-220 and F900EX-109, both 
including Service Bulletins Compliance Form, both dated June 29, 2001. 
These service bulletins describe procedures for replacement of certain 
self-adhering soundproofing mats under the passenger consoles in the 
cabin, which are not sufficiently fire-retardant, with mats that are 
not self-adhering and are sufficiently fire-retardant. The service 
bulletins also describe procedures for reporting compliance. 
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 2001-267-035(B), dated June 27, 2001, 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 
Sec.  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

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States, the proposed AD would require accomplishment of the actions 
specified in the service bulletins described previously, except that 
reporting compliance is not required.

Cost Impact

    The FAA estimates that 18 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 80 work 
hours per airplane to accomplish the proposed replacement, and that the 
average labor rate is $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to the operators. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $86,400, or $4,800 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 proposed 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: Docket 2001-NM-399-AD.

    Applicability: Model Mystere-Falcon 900 series airplanes, serial 
numbers 184 through 187 inclusive, and Model Falcon 900EX series 
airplanes, serial numbers 28 and 65 through 85 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.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an uncontrolled fire in the cabin due to self-
adhering soundproofing mats under the passenger consoles in the 
cabin, which are not sufficiently fire-retardant, accomplish the 
following:
    (a) Within seven months after the effective date of this AD, 
replace the self-adhering soundproofing mats with mats that are not 
self-adhering and are sufficiently fire-retardant, per paragraphs 
2.A. through 2.D. of the Accomplishment Instructions of Dassault 
Service Bulletin F900-220 (for Model Mystere-Falcon 900 series 
airplanes), or F900EX-109 (for Model Falcon 900EX series airplanes); 
both excluding Service Bulletins Compliance Form; both dated June 
29, 2001.

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. 
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 
Sec. Sec.  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 2001-267-035(B), dated June 27, 2001.


    Issued in Renton, Washington, on February 25, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4839 Filed 2-28-03; 8:45 am]
BILLING CODE 4910-13-P