[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Proposed Rules]
[Pages 33872-33874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13702]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 116 / Thursday, June 17, 2004 / 
Proposed Rules  

[[Page 33872]]



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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Dassault Model Fan Jet Falcon 
series airplanes and Model Mystere-Falcon 20 series airplanes. That 
action would have required inspecting and testing for fatigue cracking 
due to stress corrosion in the vertical posts of the window frames in 
the flight compartment. This new action revises the proposed rule by 
adding airplanes to the applicability, clarifying which airplanes must 
do certain actions, and specifying which window frames to 
ultrasonically inspect. The actions specified by this new proposed AD 
are intended 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 July 12, 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Dassault Model Fan Jet Falcon series airplanes and Model 
Mystere-Falcon 20 series airplanes, was published as a notice of 
proposed rulemaking (NPRM) in the Federal Register on February 6, 2004 
(69 FR 5767). That NPRM would have required inspecting and testing for 
fatigue cracking due to stress corrosion in the vertical posts of the 
window frames in the flight compartment. That NPRM was prompted by 
mandatory continuing airworthiness information from a civil 
airworthiness authority. Cracking of the window frames, if not 
corrected, could result in rapid depressurization of the fuselage and 
consequent reduced structural integrity of the airplane.

Comments

    Due consideration has been given to the comments received from a 
single commenter in response to the NPRM.

Request To Revise Applicability

    The commenter, the airplane manufacturer, states that the 
applicability of the NPRM is incorrect because it excludes airplanes 
that incorporated Dassault Service Bulletin FJF-701, Revision 1, dated 
October 22, 1987. The commenter states that

[[Page 33873]]

airplanes that incorporated the service bulletin should be exempt from 
the endoscopic inspections proposed in the NPRM, but not the ultrasonic 
inspections.
    We agree with the commenter and have revised the applicability of 
this supplemental NPRM (SNPRM) to include all Model Fan Jet Falcon 
series airplanes and Model Mystere-Falcon 20 series airplanes, 
certificated in any category.

Request To Allow Flight With Cracking

    The commenter notes that, in the French airworthiness directive, 
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which 
is the airworthiness authority for France, approved continued flight 
with cracking. The commenter states that window frames only need to be 
repaired per a method approved by the FAA or the DGAC (or its delegated 
agent) if cracking found during any inspection exceeds the criteria 
specified in Dassault Aviation Work Cards 53-30-12 and 53-30-7. (Those 
work cards are referenced in the NPRM as the appropriate source of 
service information for the proposed actions.) The commenter requests 
that paragraph (c) of the NPRM be changed to allow flight with cracking 
that is within the limits specified in the Dassault work cards.
    We do not agree with the commenter's request to allow flight with 
cracking within specified limits. It is our policy to require repair of 
known cracking prior to further flight (we may make exceptions to this 
policy in certain cases of unusual need, as discussed below). This 
policy is based on the fact that such damaged airplanes do not conform 
to the FAA-certificated type design and, therefore, are not airworthy 
until a properly approved repair is incorporated.
    As noted above, we may make an exception to this policy in certain 
cases, if there is an unusual need for a temporary deferral. Unusual 
needs include such circumstances as legitimate difficulty in acquiring 
parts to accomplish repairs. Under such conditions, we may allow a 
temporary deferral of the repair, subject to a stringent inspection 
program we find acceptable. We consider the compliance times in this 
proposed AD to be adequate to allow operators to acquire parts to have 
on hand in the event that cracking is detected during any inspection or 
test. Therefore, we have determined that, due to the safety 
implications and consequences associated with such cracking, any window 
frame found with cracking must be repaired before further flight. No 
change to this SNPRM is necessary in this regard.

Request To Revise Paragraph (a)(1) of the NPRM

    The commenter requests that paragraph (a)(1) of the NPRM be revised 
to exclude airplanes that have incorporated Dassault Service Bulletin 
FJF-701, Revision 1. Those airplanes have removable fairings in the 
area of the endoscopic inspections. An inspection program is already in 
place for airplanes with removable fairings so the endoscopic 
inspections in the NPRM are not necessary on these airplanes.
    We agree with the commenter's request and have revised paragraph 
(a)(1) of this SNPRM to specify that only airplanes that have not 
incorporated Dassault Service Bulletin FJF-701, dated March 25, 1986, 
or Revision 1 dated October 22, 1987, are required to do the endoscopic 
inspections.

Request To Revise Paragraph (a)(2) of the NPRM

    The commenter states that ultrasonic inspections do not need to be 
done on all window frames, as stated in the NPRM. Only window frames 2, 
5, 7, 8, and 10 may be subject to stress corrosion; therefore, those 
are the only window frames that need to be inspected. The commenter 
also notes that all airplanes should do the ultrasonic inspection 
required by paragraph (a)(2) of the NPRM.
    We agree with the commenter that only the window frames that are 
subject to stress corrosion need to be ultrasonically inspected, and 
that all airplanes must do the ultrasonic inspection. We revised 
paragraph (a)(2) of this SNPRM accordingly.

Conclusion

    Since certain changes expand the scope of the original NPRM, we 
have determined that it is necessary to reopen the comment period to 
provide additional opportunity for public comment.

Cost Impact

    We estimate 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.


[[Page 33874]]


    Applicability: All Model Fan Jet Falcon series airplanes and 
Model Mystere-Falcon 20 series airplanes, certificated in any 
category.
    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 
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) For airplanes that have not accomplished the actions 
specified in Dassault Service Bulletin FJF-701, dated March 25, 
1986; or Revision 1 dated October 22, 1987: 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) For all airplanes: Do an ultrasonic test for cracking in the 
posts of window frames 2, 5, 7, 8, and 10. 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 original 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 June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13702 Filed 6-16-04; 8:45 am]
BILLING CODE 4910-13-P