[Federal Register Volume 68, Number 196 (Thursday, October 9, 2003)]
[Proposed Rules]
[Pages 58285-58287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25589]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-283-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model 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 Falcon 
900EX series airplanes. This proposal would require modification of the 
front attachment area of the No. 2 engine. This action is necessary to 
prevent failure of the fail-safe lugs of the hoisting plate of the 
forward engine mount, and subsequent cracking of the pick-up folded 
sheet of the pylon forward rib. Such cracking could rupture the mast 
case box, which could result in loss of the two forward engine mounts 
and consequent separation of the engine from the airplane. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by November 10, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-283-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-283-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: 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.

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-283-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 58286]]

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-283-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 Falcon 900EX series 
airplanes. The DGAC advises that fatigue tests revealed that the fail-
safe lugs of the forward engine mount may not have adequate fatigue 
strength. Failure of the lugs could result in cracking of the pick-up 
folded sheet of the pylon forward rib, and consequent rupture of the 
mast case box. Such conditions, if not corrected, could result in loss 
of the two forward engine mounts and consequent separation of the 
engine from the airplane.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F900EX-103, dated May 23, 
2001, which describes procedures for modification of the No. 2 engine 
front attachment area. The modification involves replacing the No. 2 
engine hoisting shield with a reinforced shield at the safety device 
attachments, and replacing the front attachment pickup doublers with 
new, thicker doublers. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DGAC classified this service bulletin as 
mandatory and issued French airworthiness directive 2001-160-027(B), 
dated May 2, 2001, 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 
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 us informed of the 
situation described above. We have 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 AD

    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 bulletin described previously, 
except as discussed below.

Difference Between Proposed AD and French Airworthiness Directive

    The French airworthiness directive specifies a compliance time of 
``Before 3,750 flights since new,'' for accomplishment of the 
modification of the front attachment area of the No. 2 engine. However, 
this proposed AD would require a compliance time of ``Prior to the 
accumulation of 3,750 flight cycles since the date of issuance of the 
original Airworthiness Certificate or the date of issuance of the 
Export Certificate of Airworthiness, whichever occurs first.'' This 
decision is based on our determination that ``since new'' may be 
interpreted differently by different operators. We find that our 
proposed terminology is generally understood within the industry, and 
records will always exist that establish these dates with certainty.

Cost Impact

    We estimate that 36 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take about 85 work hours per airplane 
to accomplish the proposed modification, and that the average labor 
rate is $65 per work hour. Required parts would cost about $14,479 per 
airplane. Based on these figures, the cost impact of the proposed 
modification on U.S. operators is estimated to be $720,144, or $20,004 
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 2001-NM-283-AD.

    Applicability: Model Falcon 900EX series airplanes, serial 
numbers 1 through 60 inclusive; certificated in any category; except 
those on which Dassault Modifications M2754 and M2925, identified in 
Dassault Service Bulletin F900EX-103, dated May 23, 2001, have been 
accomplished.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the fail-safe lugs of the forward engine 
mount, and consequent cracking of the pick-up folded sheet of the 
pylon forward rib, which could rupture the mast case box and result 
in loss of the two forward engine mounts and consequent separation 
of the engine from the airplane, accomplish the following:

Modification

    (a) Prior to the accumulation of 3,750 flight cycles since the 
date of issuance of the

[[Page 58287]]

original Airworthiness Certificate or the date of issuance of the 
Export Certificate of Airworthiness, whichever occurs first: Modify 
the front attachment area of the No. 2 engine by doing all the 
actions per Paragraphs 2.A. through 2.D. of the Accomplishment 
Instructions of Dassault Service Bulletin F900EX-103, dated May 23, 
2001.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2001-160-027(B), dated May 2, 2001.



    Issued in Renton, Washington, on October 3, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-25589 Filed 10-8-03; 8:45 am]
BILLING CODE 4910-13-P