[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31955-31956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-399-AD; Amendment 39-13164; AD 2003-11-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dassault Model Mystere-Falcon 900 and Falcon 
900EX series airplanes, that requires 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: Effective July 3, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 3, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 900 and Falcon 900EX series airplanes was published in the 
Federal Register on March 3, 2003 (68 FR 9954). That action proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The sole commenter supports the 
proposed AD.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

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. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that 18 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 80 work hours per 
airplane to replace the mats, and that the average labor rate is $60 
per work hour. Required parts will be provided by the manufacturer at 
no cost to the operators. Based on these figures, the cost impact of 
this AD on

[[Page 31956]]

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 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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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

    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:

2003-11-05 Dassault: Amendment 39-13164. 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:

Mat Replacement

    (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 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, FAA. 
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.

Incorporation by Reference

    (d) The actions must be done in accordance with Dassault Service 
Bulletin F900-220, dated June 29, 2001; or Dassault Service Bulletin 
F900EX-109, dated June 29, 2001; 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, P.O. 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 3: The subject of this AD is addressed in French 
airworthiness directive 2001-267-035(B), dated June 27, 2001.

Effective Date

    (e) This amendment becomes effective on July 3, 2003.

    Issued in Renton, Washington, on May 20, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13121 Filed 5-28-03; 8:45 am]
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