[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Proposed Rules]
[Pages 65005-65006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28733]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-30-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 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 Mystere-
Falcon 50 series airplanes. This proposal would require applying PR 
(fuel tank sealant) and installing PR patches over the internal side 
panel recesses of the left-hand and right-hand feeder tanks at certain 
frames and stringers. This action is necessary to prevent fuel ignition 
in the event of a lightning strike and consequent uncontained rupture 
of the fuel tank(s). This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by December 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-30-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. 2003-NM-30-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 for Windows 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 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 2003-NM-30-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. 2003-NM-30-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 Mystere-Falcon 
50 series airplanes. The DGAC advises that an operator reported a 
lightning strike during final approach that impacted many points of the 
fuselage. At one impact point between frame 30 and frame 30A, the 
lightning pierced the fuselage skin, which is also the fuel tank skin 
in this area. Investigation revealed that the internal side walls of 
the left-hand and right-hand fuselage fuel (LH and RH feeder) tanks are 
not thick enough to properly withstand the effects of a lightning 
strike. This condition, if not corrected, could result in fuel ignition 
in the event of a lightning strike, and consequent uncontained rupture 
of the fuel tank(s).

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F50-415, dated November 27, 
2002, which describes procedures for application of PR (fuel tank 
sealant) and installation of PR patches over the internal side-panel 
recesses of the LH and RH feeder tanks. 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 2002-595(B), 
dated November 27, 2002, in order to assure 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 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.

[[Page 65006]]

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 bulletin described previously, 
except as discussed below.

Difference Between Proposed Rule and Referenced Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
completing and submitting a sheet recording compliance with the service 
bulletin, this proposed AD would not require that action.

Cost Impact

    The FAA estimates that 213 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 40 work 
hours to accomplish the proposed application and installation, and that 
the average labor rate is $65 per work hour. Required parts would cost 
approximately $5,890 per airplane. Based on these figures, the cost 
impact of the proposed AD on all U.S. operators is estimated to be 
$1,808,370, or $8,490 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has accomplished any of the proposed requirements of this 
AD action, and that no operators would accomplish those actions in the 
future if this proposed 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 2003-NM-30-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes, 
certificated in any category, except those airplanes on which 
Dassault Modification M2491 or Dassault Modification M673 has been 
implemented.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fuel ignition in the event of a lightning strike and 
consequent uncontained rupture of the fuel tank(s), accomplish the 
following:

Installation

    (a) Within 18 months from the effective date of this AD, apply 
PR (fuel tank sealant) and install PR patches over the internal 
side-panel recesses of the left-hand and right-hand feeder tanks 
between frame 28 and frame 31 and from stringer 5 to stringer 13, in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin F50-415, dated November 27, 2002. Although the service 
bulletin referenced in this AD specifies to submit certain 
information to the manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2002-595(B), dated November 27, 2002.


    Issued in Renton, Washington, on November 12, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28733 Filed 11-17-03; 8:45 am]
BILLING CODE 4910-13-P