[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5767-5769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-227-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Fan Jet Falcon Series 
Airplanes and Model Mystere-Falcon 20 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 Fan Jet 
Falcon series airplanes and Model Mystere-Falcon 20 series airplanes. 
This proposal would require inspecting and testing for fatigue cracking 
due to stress corrosion in the vertical posts of the window frames in 
the flight compartment. This action is necessary to prevent fatigue 
cracking of the window frames, which could result in rapid 
depressurization of the fuselage and consequent reduced structural 
integrity of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-227-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-227-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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2002-NM-227-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-227-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

[[Page 5768]]

airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Model Fan Jet Falcon series airplanes 
and Model Mystere-Falcon 20 series airplanes. The DGAC advises that 
cracking has been found in the vertical posts of window frames in the 
flight compartment that were not included in the maintenance program 
inspection area. The airplane manufacturer, Dassault Aviation, has 
revised certain work cards in the maintenance manual to include 
procedures for inspecting and testing these window frames. Cracking of 
the window frames could result in rapid depressurization of the 
fuselage and consequent reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    Dassault has issued revised Work Card 53-30-07, ``Non-Destructive 
Ultrasonic Testing of Vertical Posts on Screw-Mounted Windows'' of the 
Dassault Aviation Fan Jet Falcon Maintenance Manual, dated November 
2001. The work card describes procedures for testing (including 
calibrating the equipment) the posts of the window frames in the flight 
compartment, including the right side window, left and right rear 
windows, front window, and pilot and co-pilot windows, for stress 
corrosion cracking.
    Dassault has also issued revised Work Card 53-30-12, ``Endoscopic 
Inspection of the Frames of Pilot, Co-Pilot, and Front Glass Panels 
(Aircraft Not Changed Per SB No. 701)'' of the Dassault Aviation Fan 
Jet Falcon Maintenance Manual, dated November 2001. The work card 
describes procedures for using an endoscope and inspecting the window 
frames of the pilot, co-pilot, and front windows in the flight 
compartment for stress corrosion and subsequent cracking. 
Accomplishment of the actions specified in the service information is 
intended to adequately address the identified unsafe condition. The 
DGAC classified this service information as mandatory and issued French 
airworthiness directive 2001-600-028(B), dated December 12, 2001, 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 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.

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 information described previously. 
This proposed AD also includes a reporting requirement.

Difference Between the Proposed AD and the French Airworthiness 
Directive

    The French airworthiness directive is applicable to ``all Fan Jet 
Falcon and Mystere Falcon 20-(x)5 aircraft, all serial numbers.'' The 
applicability of this proposed AD is ``Model Fan Jet Falcon series 
airplanes and Model Mystere-Falcon 20 series airplanes; certificated in 
any category; except those which have incorporated Dassault Service 
Bulletin AMD-BA FJF-701, Revision 1, dated October 22, 1987.'' This 
exception appears in Dassault Aviation Work Card 53-30-12, titled 
``Endoscopic Inspection of the Frames of Pilot, Co-Pilot, and Front 
Glass Panels (Aircraft Not Changed Per SB No. 701),'' of the Dassault 
Aviation Fan Jet Falcon Maintenance Manual, dated November 2001. This 
difference has been coordinated with the DGAC.

Cost Impact

    The FAA estimates that 220 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$57,200, or $260 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 2002-NM-227-AD.

    Applicability: Model Fan Jet Falcon series airplanes and Model 
Mystere-Falcon 20 series airplanes; certificated in any category; 
except those which have incorporated Dassault Service Bulletin AMD-
BA FJF-701, Revision 1, dated October 22, 1987.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the window frames in the flight 
compartment, which could result in rapid depressurization of the

[[Page 5769]]

fuselage and consequent reduced structural integrity of the 
airplane, accomplish the following:

Inspection and Test of Flight Compartment Window Frames

    (a) Do an inspection and test for stress corrosion and cracking 
as specified in paragraphs (a)(1) and (a)(2) of this AD, at the 
applicable time specified in paragraph (b) of this AD.
    (1) Do a detailed inspection (using an endoscope) to detect 
stress corrosion and cracking of the window frames in the flight 
compartment, including the pilot, co-pilot, and front windows. Do 
the inspection in accordance with Dassault Aviation Work Card 53-30-
12, titled ``Endoscopic Inspection of the Frames of Pilot, Co-Pilot, 
and Front Glass Panels (Aircraft Not Changed Per SB No. 701),'' of 
the Dassault Aviation Fan Jet Falcon Maintenance Manual, dated 
November 2001.
    (2) Do an ultrasonic test for cracking in the posts of the 
window frames, including the right side window, left and right rear 
windows, front window, and pilot and co-pilot windows. Do the test 
in accordance with Dassault Aviation Work Card 53-30-07, titled 
``Non-Destructive Ultrasonic Testing of Vertical Posts on Screw-
Mounted Windows,'' of the Dassault Aviation Fan Jet Falcon 
Maintenance Manual, dated November 2001.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (b) Do the inspection and test required by paragraph (a) of this 
AD, at the times specified in paragraph (b)(1) or (b)(2) of this AD, 
as applicable.
    (1) For airplanes having 35 or more years since the date of 
issuance of the original Airworthiness Certificate or the date of 
issuance of the Export Certificate of Airworthiness, whichever is 
first; or having accumulated 20,000 or more total flight cycles; as 
of the effective date of this AD: Within 7 months after the 
effective date of this AD.
    (2) For airplanes not identified in paragraph (b)(1) of this AD: 
Within 25 months or 2,500 flight cycles after the effective date of 
this AD, whichever is first.

Repair

    (c) If any stress corrosion or cracking is found during any 
inspection or test required by paragraph (a) of this AD: Before 
further flight, repair per a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its 
delegated agent).

Reporting Requirement

    (d) At the applicable time specified in paragraph (d)(1) or 
(d)(2) of this AD: Submit a report of the findings (positive and 
negative) of the inspection required by paragraph (a) of this AD to: 
Dassault Falcon Jet, Attn: Service Engineering/Falcon 20, fax: (201) 
541-4706, at the applicable time specified in paragraph (d)(1) or 
(d)(2) of this AD. The report must include the airplane serial 
number, number of landings, number of flight hours, airplane age, 
and the number and length of any cracks found. Submission of the 
Charts of Records (part of French airworthiness directive 2001-600-
028(B), dated December 12, 2001), is an acceptable method of 
complying with this requirement. Under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office 
of Management and Budget (OMB) has approved the information 
collection requirements contained in this AD and has assigned OMB 
Control Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 5 days after the inspection.
    (2) If the inspection was done prior to the effective date of 
this AD: Submit the report within 5 days after the effective date of 
this AD.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2001-600-028(B), dated December 12, 2001.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2470 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P