[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5773-5775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2473]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-51-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50, 
Mystere-Falcon 900, and Falcon 900 EX 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, Mystere-Falcon 900, and Falcon 900EX series airplanes. This 
proposal would require installing a shield plate over the tank 
structure above the Stormscope antenna and replacing the Stormscope 
antenna plug connector with a new connector. This action is necessary 
to prevent puncture of the fuel tank, in the event of a belly landing, 
which could result in a post-landing fire if fuel leaking from the tank 
makes contact with the sparks from the airplane sliding on the ground. 
This action is intended to address the identified unsafe condition.

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

[[Page 5774]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-51-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-51-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, PO 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:
     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 2003-NM-51-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-51-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 Dassault Model Mystere-Falcon 50, 
Mystere-Falcon 900, and Falcon 900EX series airplanes. The DGAC advises 
that the Stormscope antenna connector could puncture the fuel tank 
located above the antenna, in the event of a belly landing. This 
condition, if not corrected, could result in a post-landing fire if 
fuel leaking from the tank makes contact with the sparks from the 
airplane sliding on the ground.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletins F50-404, dated November 6, 
2002 (for Model Mystere-Falcon 50 series airplanes); F900-293, dated 
November 13, 2002 (for Model Mystere-Falcon 900 series airplanes); and 
F900EX-158, dated November 13, 2002 (for Model Falcon 900EX series 
airplanes); which describe procedures for installing a shield plate 
over the tank structure above the Stormscope antenna and replacing the 
Stormscope antenna plug connector with a new connector. 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 2002-569(B), dated November 13, 2002, in order to assure 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 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 Proposed Rule and Referenced Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletins describe procedures 
for submitting a sheet recording compliance with the service bulletin, 
this proposed AD would not require that action. The FAA does not need 
this information from operators.

Cost Impact

    The FAA estimates that 394 Model Mystere-Falcon 50, Mystere-Falcon 
900, and Falcon 900 EX series airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 8 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts are provided 
free of charge by the manufacturer. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$204,880, or $520 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

[[Page 5775]]

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-51-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes with a 
Stormscope antenna installed between frames 22 and 23 by Dassault 
modification M2208 or by a DFJ Little Rock modification, except on 
airplanes on which Dassault modification M2838 has been performed; 
and Model Mystere-Falcon 900 and Falcon 900EX series airplanes with 
a Stormscope antenna installed between frames 23 and 24 by Dassault 
modification M2993 or by a DFJ Little Rock modification, except 
airplanes on which Dassault modification M3498 has been performed; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent puncture of the fuel tank, in the event of a belly 
landing, which could result in a post-landing fire if fuel leaking 
from the tank makes contact with the sparks from the airplane 
sliding on the ground, accomplish the following:

Install and Replace

    (a) Within 25 months after the effective date of this AD, 
install a shield plate over the tank structure above the Stormscope 
antenna, and replace the Stormscope antenna plug connector with a 
new connector, in accordance with the Accomplishment Instructions of 
the applicable service bulletin listed in Table 1 of this AD.


                 Table 1.--Applicable Service Bulletins
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                 For model                   Dassault service  bulletin
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Mystere-Falcon 50 series airplanes........  F50-404, dated November 6,
                                             2002
Mystere-Falcon 900 series airplanes.......  F900-293, dated November 13,
                                             2002
Falcon 900EX series airplanes.............  F900EX-158, dated November
                                             13, 2002
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Reporting Difference

    (b) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include such a requirement.

Alternative Methods of Compliance

    (c) 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 2002-569(B), dated November 13, 2002.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2473 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P