[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Rules and Regulations]
[Pages 27450-27452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12110]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-118-AD; Amendment 39-13149; AD 2003-10-04]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Dassault Model Mystere-Falcon 50 series 
airplanes. This action requires a detailed inspection for clearance and 
chafing of the entire length of the hydraulic lines located within the 
engine pylons, and follow-on/corrective actions, as applicable. This 
action also requires a revision of the maintenance manual to ensure 
that the clamps that hold the hydraulic lines are in their initial 
position during normal maintenance, and that the position is identified 
with a yellow paint line. This action is necessary to prevent chafing 
and consequent leakage of the hydraulic lines located within the No. 1 
and No. 3 engine pylons, which can result in failure of the No. 1 and 
No. 2 hydraulic systems, and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective June 4, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 4, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before June 19, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-118-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 the Internet must contain 
``Docket No. 2003-NM-118-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    The service information referenced in this AD may be obtained from 
Dassault Falcon Jet, PO Box 2000, South Hackensack, New Jersey 07606. 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: The Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, recently notified the FAA that an unsafe condition may exist on 
certain Dassault Model Mystere-Falcon 50 series airplanes. The DGAC 
advises that since September 2002, there have been four separate 
reports of interference and consequent chafing on the hydraulic lines 
located within the No. 1 and No. 3 engine pylons. The interference and 
consequent chafing were discovered during scheduled maintenance. In a 
recent occurrence (April 9, 2003), the No. 1 hydraulic system failed 
due to leakage of the hydraulic line where chafing had worn through the 
hydraulic line. The No. 1 and No. 3 engine pylon installations are 
symmetrical. Subsequent investigation of the No. 3 engine pylon 
revealed that the hydraulic lines of the No. 2 hydraulic system were 
also chafed severely. Such chafing and consequent leakage of the 
hydraulic lines located within the No. 1 and No. 3 engine pylons, if 
not corrected, can result in failure of the No. 1 and No. 2 hydraulic 
systems, and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F50-A370, dated May 6, 2003, 
which describes procedures for a detailed inspection for clearance and 
chafing of the entire length of the hydraulic lines located within the 
engine pylons, and follow-on/corrective actions, as applicable. The 
follow-on actions include fastening the hydraulic clamps, ensuring 
proper clearance between the hydraulic lines and adjacent structure, 
and using yellow paint to mark the location of the clamps installed on 
the hydraulic lines. The corrective actions include inspecting for 
discrepancies (i.e., evidence of contact, chafing, or abrasion) between 
the hydraulic lines, measuring the wear depth, and replacing the 
hydraulic line with a new hydraulic line, as applicable.
    Dassault has issued Falcon 50 Maintenance Manual Temporary Revision 
37, dated May 2003, which describes procedures for ensuring that the 
clamps that hold the hydraulic lines are reinstalled in their initial 
position during normal maintenance, and that the position is identified 
with a yellow paint line. Accomplishment of the actions specified in 
the service bulletin and the maintenance manual temporary revision are 
intended to adequately address the identified unsafe condition.
    The DGAC classified this service bulletin and maintenance manual 
temporary revision as mandatory and issued French telegraphic 
airworthiness directive T2003-190(B), dated May 6, 2003, to ensure the 
continued airworthiness of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 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, this AD is being issued to prevent chafing and 
consequent leakage of the hydraulic lines located within the No. 1 and 
No. 3 engine pylons, which can result in failure of the No. 1 and No. 2 
hydraulic systems, and consequent reduced controllability of the 
airplane. This AD requires a detailed inspection

[[Page 27451]]

for clearance and chafing of the entire length of the hydraulic lines 
within the pylons, and follow-on/corrective actions, as applicable. 
This AD also requires a revision of the maintenance manual to ensure 
that the clamps that hold the hydraulic lines are reinstalled in their 
initial position during normal maintenance, and that the position is 
identified with a yellow paint line. The actions are required to be 
accomplished in accordance with the service bulletin and maintenance 
manual temporary revision described previously.

Difference Between This AD and French Airworthiness Directive

    Operators should note that the French telegraphic airworthiness 
directive specifies that the required actions be accomplished within 
the next 3 flights from the date of receipt of the French telegraphic 
airworthiness directive. The compliance time for this AD is within 7 
days of the effective date of this AD.
    We have determined that the identified unsafe condition is not a 
catastrophic event based on the following information:
    [sbull] There is no indication that two hydraulic systems will fail 
simultaneously. The event that occurred on April 9, 2003, was a single 
system failure.
    [sbull] The Falcon 50 Airplane Flight Manual contains procedures 
for single and dual hydraulic systems failure.
    [sbull] Model Mystere-Falcon 50 series airplanes are certified for 
manual reversion of the flight control system with the loss of the No. 
1 and No. 2 hydraulic systems.
    [sbull] Model Mystere-Falcon 50 series airplanes have an electric 
auxiliary hydraulic system in the event that No. 1 and No. 2 hydraulic 
systems fail.
    In light of all of these factors, we find a 7-day compliance time 
for completing the required actions to be warranted, in that it 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOC). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-118-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration 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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-10-04 Dassault Aviation: Amendment 39-13149. Docket 2003-NM-
118-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes having 
serial numbers 2 through 329 inclusive, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent chafing and consequent leakage of the hydraulic lines 
located within the No. 1 and No. 3 engine pylons, which can result 
in failure of the No. 1 and No. 2 hydraulic systems, and consequent 
reduced

[[Page 27452]]

controllability of the airplane, accomplish the following:

Service Information

    (a) The following information pertains to the service bulletin 
referenced in this AD:
    (1) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Dassault Service Bulletin F50-A370, 
dated May 6, 2003.
    (2) Although the service bulletin referenced in this AD 
specifies to submit inspection results to the manufacturer, this AD 
does not include such a requirement.

Inspection

    (b) Within 7 days after the effective date of this AD, do a 
detailed inspection of the entire length of the hydraulic lines 
located within the No. 1 and No. 3 engine pylons for clearance, per 
paragraph 2.C.(2)(b) of the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Proper Clearance

    (c) If the clearance of both hydraulic lines is found within the 
limits specified in the service bulletin during the inspection 
required by paragraph (b) of this AD, do the actions specified in 
paragraph (e) of this AD.

Incorrect Clearance

    (d) If the clearance of any hydraulic line is found outside the 
limits specified in the service bulletin during the inspection 
required by paragraph (b) of this AD, before further flight, do a 
detailed inspection for discrepancies (i.e., evidence of contact, 
chafing, or abrasion) between the hydraulic lines, per the service 
bulletin.
    (1) If no discrepancy is detected, do the actions specified in 
paragraph (e) of this AD.
    (2) If any discrepancy is detected, before further flight, 
measure the wear depth per the service bulletin.
    (i) If the measurement is less than 0.004-inch (0.10 millimeter 
(mm)), no further action is required by this paragraph.
    (ii) If the measurement is greater than or equal to 0.004-inch 
(0.10 mm), at the applicable time specifed in Figure 1, 2, or 3 of 
the service bulletin following the inspection required by paragraph 
(d) of this AD, replace the hydraulic line with a new hydraulic line 
per the service bulletin. The term ``flights,'' as used in Figures 
1, 2, and 3 of the service bulletin, means ``flight cycles'' for 
this AD.

Fastening Lines, Ensuring Proper Clearance, and Marking Location of 
Clamps

    (e) Before further flight following any inspection or 
replacement required by this AD, do the actions specified in 
paragraphs (e)(1), (e)(2), and (e)(3) of this AD per the service 
bulletin.
    (1) Using clamps, screws, and nuts, fasten the hydraulic line(s) 
as indicated in Figure 4 of the service bulletin.
    (2) Ensure proper clearance between the hydraulic line(s) and 
adjacent structure as indicated in paragraph 2.C.(2)(b) of the 
service bulletin.
    (3) Using yellow paint, mark the location of the clamps 
installed on the hydraulic line(s).

Revision to Maintenance Manual

    (f) Within 7 days after the effective date of this AD, revise 
the Dassault Falcon 50 Maintenance Manual by inserting a copy of 
Dassault Falcon 50 Maintenance Manual Temporary Revision 37, dated 
May 2003.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (h) The actions shall be done per Dassault Service Bulletin F50-
A370, dated May 6, 2003; and Dassault Falcon 50 Maintenance Manual 
Temporary Revision 37, dated May 2003; as applicable. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Dassault Falcon Jet, PO Box 2000, 
South Hackensack, New Jersey 07606. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in French 
telegraphic airworthiness directive T2003-190(B), dated May 6, 2003.

Effective Date

    (i) This amendment becomes effective on June 4, 2003.

    Issued in Renton, Washington, on May 9, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-12110 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-13-P