[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Proposed Rules]
[Pages 54866-54868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23937]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-269-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Dassault Model Falcon 900 EX and 
Mystere-Falcon 900 series airplanes, that would have required 
installing an attachment support assembly for the fire extinguishing 
piping in the baggage compartment. This new action revises the proposed 
rule by proposing to add a requirement to modify the liner panel of the 
baggage compartment for certain airplanes. The actions specified by 
this new proposed AD are intended to prevent distortion of the fire 
extinguishing discharge nozzle as a result of the nozzle not being 
secure, which could result in poor diffusion of the fire extinguishing 
agent in the event of a fire in the baggage compartment. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by October 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-269-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-269-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 or 2000 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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

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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-269-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-269-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Dassault Model Falcon 900 EX and Mystere-Falcon 900 series 
airplanes, was published as a notice of proposed rulemaking (NPRM) in 
the Federal Register on January 30, 2003 (68 FR 4739). That NPRM (the 
``original NPRM'') would have required installing an attachment support 
assembly for the fire extinguishing piping in the baggage compartment. 
The original NPRM was prompted by a report of a damaged (distorted) 
discharge nozzle. This condition, if not corrected, could result in 
poor diffusion of the fire extinguishing agent in the event of a fire 
in the baggage compartment.

Comments

    Due consideration has been given to the comments received in 
response to the original NPRM.

Request To Cite Revised Service Bulletin

    The original issue of Dassault Service Bulletin F900-279 was cited 
in the original NPRM as the appropriate source of service information 
for the support assembly installation on Model Mystere-Falcon F900 
series airplanes. The manufacturer (and sole commenter on the original 
NPRM) discovered that Dassault Service Bulletin F900-279 is not 
``totally efficient'' for Model Mystere-Falcon F900 series airplanes, 
serial numbers (S/Ns) 1 through 59, that weren't modified in production 
(Modification M874). Modification M874 introduces a different angle of 
the nozzle and the associated cutting in the liner panel. The 
manufacturer has issued Dassault Service Bulletin F900-279, Revision 1, 
dated May 15, 2002, to provide procedures to reinforce the 
extinguishing diffuser fitting and ensure the proper upward direction 
of the nozzle. The manufacturer requests that the original NPRM be 
revised to cite Revision 1 of the service bulletin.
    The FAA concurs. Revision 1 of the service bulletin adds procedures 
for airplanes having S/Ns 1 through 59 that were modified in accordance 
with the original issue of Service Bulletin F900-279. The Direction 
Generale de l'Aviation Civile (DGAC), which is the airworthiness 
authority for France, recognizing the need for different requirements 
for the different affected airplane models, issued French airworthiness 
directives 2001-192-034(B) R1 (for Model F900EX series airplanes) and 
2002-261(B) (for Model Mystere-Falcon F900 series airplanes), both 
dated May 15, 2002, to account for the possible incorporation of 
Modification M874. Paragraph (a) in this supplemental NPRM has been 
revised to cite Revision 1 of Service Bulletin F900-279.

Request To Revise the Applicability

    The commenter requests that the applicability specified in the 
original NPRM be revised, and suggests specific language intended to 
more correctly define the affected airplanes.
    In light of the service bulletin revision and production 
modification for certain models, we concur with the request and have 
revised the applicability accordingly in this supplemental NPRM.

Request To Revise Requirement

    The commenter notes that the paragraph numbering in the 
Accomplishment Instructions is no longer the same in both service 
bulletins. The commenter requests that paragraph (a) of the original 
NPRM be revised to reflect the additional steps in Service Bulletin 
F900-279, Revision 1, which account for the possible incorporation of 
Modification M874.
    The FAA agrees. Paragraph (a) has been revised in this supplemental 
NPRM to more clearly identify the applicable service information for 
the corresponding actions.

Request To Cite New/Revised French Airworthiness Directives

    The commenter requests that the original NPRM be revised to cite 
the new/revised French airworthiness directives.
    We agree and have accordingly revised Note 1 in this supplemental 
NPRM (Note 3 in the original NPRM).

Request To Require Report

    The commenter requests that the original NPRM be revised to require 
the compliance report recommended in the service bulletins. The 
commenter asserts that the reports help provide better customer 
support.
    We do not concur with the request to require such a report. The 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires 
agencies to consider the extent of the paperwork burden that will 
accompany any new rule. This Act is intended to reduce these burdens by 
requiring agencies not only to analyze the information collection and 
reporting costs they are imposing on the private sector, but to use 
those analyses to minimize the cost. Therefore, we cannot justify 
imposing this burden, which would not help to eliminate the unsafe 
condition.

Conclusion

    Since certain changes expand the scope of the original NPRM, we 
have determined that it is necessary to reopen the comment period to 
provide additional opportunity for public comment.

Changes to 14 CFR Part 39/Effect on the Proposed AD

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

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the office authorized to approve AMOCs is identified in each individual 
AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    We estimate that 150 airplanes of U.S. registry would be affected 
by this proposed AD.
    It would take about 3 work hours per airplane to install the 
support assembly, at an average labor rate of $65 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 this proposed 
action on U.S. operators is estimated to be $29,250, or $195 per 
airplane.
    If required, the panel modification would take about 4 work hours 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the proposed panel modification is 
estimated to be about $260 per airplane.
    The cost impact figures discussed above are 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 2001-NM-269-AD.

    Applicability: The following airplanes, certificated in any 
category:

                                                                  Table--Applicability
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                                                                                                                         Which corresponds to Dassault
               Model--                  Excluding airplanes modified in accordance with Dassault Service Bulletin--              Modification--
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Mystere-Falcon 900 series airplanes.  MF900-279, dated June 7, 2001..................................................  M3368.
                                      or F900-279, Revision 1, dated May 15, 2002....................................  M3368 and M874.
Falcon 900EX series airplanes.......  F900EX-142, dated June 7, 2001.................................................  F900EX M3368.
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    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent distortion of the fire extinguishing discharge nozzle 
as a result of the nozzle not being secure, which could result in 
poor diffusion of the fire extinguishing agent in the event of a 
fire in the baggage compartment, accomplish the following:

Installation

    (a) Within 7 months or 330 flight hours after the effective date 
of this AD, whichever comes first, install an attachment support 
assembly for the fire extinguishing piping in the baggage 
compartment, in accordance with the following service information, 
as applicable:
    (1) For Model Falcon 900 EX series airplanes: Paragraphs 2.A. 
through 2.C. of the Accomplishment Instructions of Dassault Service 
Bulletin F900EX-142, dated June 7, 2001.
    (2) For Model Mystere-Falcon F900 series airplanes: Paragraphs 
2.A. through 2.D., as applicable, of the Accomplishment Instructions 
of Dassault Service Bulletin F900-279, Revision 1, dated May 15, 
2002. Paragraph 2.B. of this service bulletin includes a 
modification of the liner panel of the baggage compartment for 
airplanes having serial numbers 1 through 59 inclusive, with the 
nozzle directed downward.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in French 
airworthiness directives 2001-192-034(B) R1 and 2002-261(B), both 
dated May 15, 2002.


    Issued in Renton, Washington, on September 15, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23937 Filed 9-18-03; 8:45 am]
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