[Federal Register Volume 68, Number 219 (Thursday, November 13, 2003)]
[Proposed Rules]
[Pages 64286-64288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-231-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 and 900EX, 
and Dassault Model Mystere-Falcon 900 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 Falcon 2000 
and 900EX, and Dassault Model Mystere-Falcon 900 series airplanes. This 
proposal would require measuring the paint thickness on the upper and 
lower surfaces of the left and right sides of the horizontal 
stabilizer, performing corrective actions if necessary, and installing 
maintenance caution placards on the upper surface of the left and right 
sides of the horizontal stabilizer. This action is necessary to prevent 
structural damage to the horizontal stabilizer after a direct lightning 
strike, which could result in reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

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

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-231-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. 2002-NM-231-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.

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

[[Page 64287]]

postcard on which the following statement is made: ``Comments to Docket 
Number 2002-NM-231-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. 2002-NM-231-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale 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 2000 and 
900EX, and Dassault Model Mystere-Falcon 900 series airplanes. The DGAC 
advises that, during lightning testing on a composite horizontal 
stabilizer, it was discovered that excessive paint thickness has a 
detrimental effect on the lightning protection of the stabilizer 
structure. Such paint thickness impairs lightning propagation, which 
may lead to significant structural damage to the stabilizer after a 
direct lightning strike, and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletins F900-291 (for Model Mystere-
Falcon 900 series airplanes), F900EX-155 (for Model Falcon 900EX series 
airplanes), and F2000-234 (for Model Falcon 2000 series airplanes); all 
dated February 20, 2002. These service bulletins describe procedures 
for measuring the paint thickness on the upper and lower surfaces of 
the left and right sides of the horizontal stabilizer, and corrective 
actions if necessary. The procedures for determining the paint 
thickness include spot-sanding three different locations on the upper 
and lower surfaces of the left and right sides of the horizontal 
stabilizer, and using a dial indicator (or other equivalent means) to 
measure the thickness of the removed paint. The corrective actions 
include sanding and repainting areas where the paint is thicker than 
the limits specified in the applicable service bulletin. The service 
bulletins also describe procedures for installing maintenance caution 
placards on the upper surface of the left and right sides of the 
horizontal stabilizer.
    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 2002-089(B), dated March 2, 2002, to ensure 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 
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 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Difference Between the Proposed Rule and the Service Bulletins

    Although the Accomplishment Instructions of the service bulletins 
specify to submit a service bulletin compliance form, this proposed AD 
does not require that action.

Cost Impact

    The FAA estimates that 29 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 16 work hours per airplane, at an 
average labor rate of $65 per work hour, to measure the paint 
thickness. Based on these figures, the cost impact for the proposed 
measurement of the paint thickness on U.S. operators is estimated to be 
$30,160, or $1,040 per airplane.
    It would take approximately 3 work hours per airplane, at an 
average labor rate of $65 per work hour, to install the placards. 
Required parts would be provided to operators at no cost. Based on 
these figures, the cost impact for the proposed installation of the 
placards on U.S. operators is estimated to be $5,655, or $195 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 2002-NM-231-AD.

    Applicability: Model Mystere-Falcon 900 series airplanes, as 
listed in Dassault Service

[[Page 64288]]

Bulletin F900-291, dated February 20, 2002; Model Falcon 900EX 
series airplanes, as listed in Dassault Service Bulletin F900EX-155, 
dated February 20, 2002; and Model Falcon 2000 series airplanes, as 
listed in Dassault Service Bulletin F2000-234, dated February 20, 
2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent structural damage to the horizontal stabilizer after 
a direct lightning strike, which could result in reduced 
controllability of the airplane, accomplish the following:

Measurement of Paint Thickness and Corrective Actions

    (a) Within 7 months after the effective date of this AD: Measure 
the thickness of the paint on the upper and lower surfaces of the 
left and right sides of the horizontal stabilizer in accordance with 
all of the actions specified in paragraphs 2.A. through 2.D. of the 
Accomplishment Instructions of Dassault Service Bulletin F900-291, 
dated February 20, 2002; Dassault Service Bulletin F900EX-155, dated 
February 20, 2002; or Dassault Service Bulletin F2000-234, dated 
February 20, 2002; as applicable. Any necessary corrective action 
must be done before further flight in accordance with the applicable 
service bulletin.

Installation of Placards

    (b) After accomplishing the actions required by paragraph (a) of 
this AD, before further flight, install placards on the upper 
surface of the left and right sides of the horizontal stabilizer in 
accordance with paragraph 2.E. of the Accomplishment Instructions of 
Dassault Service Bulletin F900-291, dated February 20, 2002; 
Dassault Service Bulletin F900EX-155, dated February 20, 2002; or 
Dassault Service Bulletin F2000-234, dated February 20, 2002; as 
applicable.

Alternative Methods of Compliance

    (c) 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.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2002-089(B), dated March 2, 2002.


    Issued in Renton, Washington, on November 6, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28400 Filed 11-12-03; 8:45 am]
BILLING CODE 4910-13-P