[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9521-9523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4254]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-30-AD; Amendment 39-13492; AD 2004-04-11]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dassault Model Mystere-Falcon 50 series 
airplanes, that requires 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 possible 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: Effective April 5, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 5, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dassault Falcon Jet, PO Box 2000, South Hackensack, New 
Jersey 07606. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 50 series airplanes was published in the Federal Register on 
November 18, 2003 (68 FR 65005). That action proposed to require 
applying PR (fuel tank sealant) and installing PR patches over the 
internal

[[Page 9522]]

side panel recesses of the left-hand and right-hand feeder tanks at 
certain frames and stringers.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from one commenter.

Request To Revise Statement of Unsafe Condition

    The commenter, the airplane manufacturer, requests that the wording 
of the unsafe condition in the Summary and Discussion sections of the 
proposed AD be changed. The commenter requests that the FAA change the 
wording to emphasize that the current design conforms to the 
certification basis, but that a design improvement has been developed. 
The French airworthiness directive which parallels the proposed AD 
states that the French airworthiness directive was issued because 
``Analysis of an in-service incident has shown the need to improve the 
resistance of the feeder tank skins to direct lightning effects.'' The 
commenter acknowledges that an unsafe condition does exist.
    The FAA partially agrees with the commenter. The unsafe condition 
as stated in the proposed AD is ``This action is necessary to prevent 
fuel ignition in the event of a lightning strike and consequent 
uncontained rupture of the fuel tank(s).'' We acknowledge that this 
statement could be interpreted to mean that each time the feeder tank 
panels were struck by lightning, the result would be fuel ignition and 
rupture of the fuel tanks(s) due to a problem with the current design 
of the fuel feeder tanks. We acknowledge that this result may not occur 
in all cases. However, conformity to the approved type design is not 
relevant in this situation. An unsafe condition has been identified 
based on an in-service event. The airworthiness authority for the state 
of design has issued an airworthiness directive mandating corrective 
action. We conclude that based on the authority's action the required 
corrective action is more than a design improvement. The unsafe 
condition statement in the Summary and body of this final rule will be 
changed to state that this action is necessary to ``prevent possible 
fuel ignition in the event of a lightning strike and consequent 
uncontained rupture of the fuel tank(s).'' The Discussion section is 
not restated in this final rule, so no change to the final rule is 
necessary in this regard.

Request To Revise Cost Impact

    The same commenter states that the figures in the Cost Impact 
section of the proposed AD do not match the figures in Dassault 
Document DGT-DTF/NAV 89815, dated December 20, 2002.
    From this comment we infer that the commenter is requesting that 
the Cost Impact section of the proposed AD be revised. We do not 
concur. The figures in Dassault Document DGT-DTF/NAV 89815 include work 
hours for preparing an airplane (including degreasing and cleaning) for 
the application of PR (fuel tank sealant) and installation of PR 
patches, and checking/testing the airplane after accomplishment of 
those actions. As stated in the proposed AD, ``the cost impact figures 
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.'' Application of PR and installation of PR patches are the 
specific actions required by the proposed AD; the other actions are 
incidental. We have not changed this final rule regarding this issue.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    We estimate that 213 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 40 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Required parts will cost approximately $5,890 per 
airplane. Based on these figures, the cost impact of the AD on 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 yet accomplished any of the 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-04-11 Dassault Aviation: Amendment 39-13492. 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 possible fuel ignition in the event of a lightning 
strike and consequent

[[Page 9523]]

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, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (c) The actions shall be done in accordance with Dassault 
Service Bulletin F50-415, dated November 27, 2002. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Dassault Falcon Jet, PO Box 2000, 
South Hackensack, New Jersey 07606. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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

Effective Date

    (d) This amendment becomes effective on April 5, 2004.

    Issued in Renton, Washington, on February 20, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4254 Filed 2-27-04; 8:45 am]
BILLING CODE 4910-13-P