[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Proposed Rules]
[Pages 57886-57888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21643]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19177; Directorate Identifier 2002-NM-202-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Dassault Model Falcon 10 series airplanes. This proposed AD 
would require a temporary change to the airplane flight manual to 
provide procedures to the flight crew for touchdown using the main 
landing gear to avoid a three-point landing. This proposed AD also 
would require repetitive inspections of the piston rod of the drag 
strut actuator of the nose landing gear (NLG) for cracks, which would 
terminate the AFM revision, and corrective actions if necessary. In 
addition, this proposed AD provides for a terminating modification, 
which would end the repetitive inspections. This proposed AD is 
prompted by reports of failure of the piston rod of the drag strut 
actuator of the NLG. The cause of such failure has been attributed to 
fatigue cracking caused by corrosion in the piston rod of the drag 
strut actuator. We are proposing this AD to prevent cracking and/or 
fracture of the piston rod of the drag strut actuator of the NLG, which 
could result in a gear-up landing, structural damage, and possible 
injury to passengers and crew.

DATES: We must receive comments on this proposed AD by October 28, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

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: 

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19177; 
Directorate Identifier 2002-NM-202-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France,

[[Page 57887]]

notified us that an unsafe condition may exist on all Dassault Model 
Falcon 10 series airplanes. The DGAC advises that there have been 
reports of failure of the piston rod of the drag strut actuator of the 
nose landing gear (NLG). The cause of such failure has been attributed 
to fatigue cracking caused by corrosion in the piston rod of the drag 
strut actuator. That cracking can cause the piston rod to break and the 
NLG to retract during a three-point landing. These conditions, if not 
found and fixed, could result in a gear-up landing, structural damage, 
and possible injury to passengers and crew.

Relevant Service Information

    Dassault has issued Temporary Change (TC) No. 24 to the Falcon 10 
Airplane Flight Manual. This TC provides procedures for touchdown using 
the main landing gear to avoid a three-point landing.
    Dassault has issued Service Bulletin F10-294, dated March 20, 2002, 
which describes procedures for an ultrasonic inspection of the piston 
rod of the drag strut actuator of the nose landing gear (NLG) for 
cracks. The service bulletin recommends sending the actuator back to 
the component repair agent for replacing the piston rod if any crack is 
found.
    Dassault has also issued Service Bulletin F10-297, dated October 1, 
2003, which describes procedures for replacing the drag strut actuator 
with a new, improved drag strut actuator. The service bulletin 
references Messier-Dowty Service Bulletin 747721-32-057, dated February 
5, 2003, as an additional source of service information for modifying 
the actuator piston rod. Service Bulletin F10-297 also recommends prior 
or concurrent accomplishment of Messier-Hispano-Bugatti (MHB) Service 
Bulletin 511-32-26, dated November 9, 1979. The MHB service bulletin 
describes procedures for modifying the drag strut actuator.
    Accomplishing the actions specified in the Dassault service 
information is intended to adequately address the unsafe condition. The 
DGAC mandated the service information and issued French airworthiness 
directive 2002-137(B), dated March 20, 2002, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DGACs findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require a 
temporary change to the airplane flight manual to provide procedures to 
the flight crew for touchdown using the main landing gear to avoid a 
three-point landing. The proposed AD also would require repetitive 
inspections of the piston rod of the drag strut actuator of the NLG for 
cracks, which would terminate the AFM revision, and corrective actions 
if necessary. In addition, the proposed AD provides for a terminating 
modification, which would end the repetitive inspections. The proposed 
AD would require you to use the Dassault service information described 
previously to perform these actions, except as discussed under 
``Differences Among the Proposed AD, French Airworthiness Directive, 
and Service Bulletins.''

Differences Among the Proposed AD, French Airworthiness Directive, and 
Service Bulletins

    For the AFM revision, the French airworthiness directive requires 
compliance before the next flight. This proposed AD would require 
compliance within 5 days after the effective date of this AD. In 
developing an appropriate compliance time for this proposed AD, we 
considered the DGAC's recommendation, as well as the degree of urgency 
associated with the subject unsafe condition. In light of these 
factors, we find that a 5-day compliance time represents an appropriate 
interval of time for affected airplanes to continue to operate without 
compromising safety.
    This proposed AD allows operators to do repetitive inspections 
instead of doing the terminating modification, unless cracking is 
found. In making these determinations, the FAA considers that, in the 
case of this AD, long-term continued operational safety is adequately 
ensured by doing the repetitive inspections to find cracking before it 
represents a hazard to the airplane, and by modifying the drag strut 
actuator if cracking is found.
    Service Bulletin F10-294 recommends returning the drag strut 
actuator to the component repair agent for replacement if a crack is 
found; however, the proposed AD requires doing the terminating 
modification.
    Service Bulletins F10-294 and F10-297 recommend submitting certain 
inspection results to the manufacturer. The proposed AD would not 
require those actions.
    These differences have been coordinated with the DGAC.

Costs of Compliance

    This proposed AD would affect about 154 airplanes of U.S. registry.
    The proposed AFM revision would take about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the AFM revision proposed by this AD for 
U.S. operators is $10,010, or $65 per airplane.
    The proposed inspection would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the inspection proposed by this AD for U.S. 
operators is $10,010, or $65 per airplane, per inspection cycle.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:


[[Page 57888]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Dassault Aviation [Formerly Avions Marcel Dassault-Breguet Aviation 
(AMD/BA)]: Docket No. FAA-2004-19177; Directorate Identifier 2002-
NM-202-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by October 28, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model Falcon 10 series airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of failure of the piston rod 
of the drag strut actuator of the NLG. We are issuing this AD to 
prevent cracking and/or fracture of the piston rod of the drag strut 
actuator of the NLG, which could result in a gear-up landing, 
structural damage, and possible injury to passengers and crew.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Airplane Flight Manual (AFM) Revision

    (f) Within 5 days after the effective date of this AD: Revise 
the Limitations Section of the Falcon 10 AFM by incorporating 
Dassault Temporary Change (TC) No. 24 into the AFM. That TC provides 
procedures to the flight crew for touchdown using the main landing 
gear to avoid a three-point landing. Thereafter, operate the 
airplane in accordance with the limitations specified in the AFM 
revision.
    (g) When the information in TC No. 24 has been included in 
general revisions of the AFM, the TC may be removed from the AFM, 
provided the relevant information in the general revision is 
identical to that in TC No. 24.

Repetitive Inspections

    (h) Within 7 months after the effective date of this AD: Do an 
ultrasonic inspection of the piston rod of the drag strut actuator 
of the NLG for cracks in accordance with Dassault Service Bulletin 
F10-294, dated March 20, 2002. After the initial inspection has been 
done, the TC required by paragraph (f) of this AD may be removed 
from the AFM.
    (1) If any crack is found, before further flight, do the 
terminating modification specified in paragraph (i) of this AD.
    (2) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 700 landings on the drag strut actuator.

Terminating Modification

    (i) Accomplishment of the modification of the drag strut 
actuator in accordance with Dassault Service Bulletin F10-297, dated 
October 1, 2003, and prior or concurrent accomplishment of the 
related modification in accordance with Messier-Hispano-Bugatti 
Service Bulletin 511-32-26, dated November 9, 1979, ends the 
repetitive inspections required by paragraph (h)(2) of this AD.

Additional Source of Service Information

    (j) Messier-Dowty Service Bulletin 747721-32-057, dated February 
5, 2003, is referenced in Dassault Service Bulletin F10-294 as an 
additional source of service information for replacing the drag 
strut actuator rod.

Actions Not Required

    (k) Dassault Service Bulletin F10-294 recommends returning the 
drag strut actuator to the component repair agent for replacement if 
a crack is found, but this AD requires doing the terminating 
modification specified in paragraph (i) of this AD.
    (l) Dassault Service Bulletins F10-294 and F10-297 recommend 
submitting certain inspection results to the manufacturer. This AD 
does not require those actions.

Part Installation

    (m) As of the effective date of this AD, no person may install 
on any airplane a drag strut actuator having part number 747721.

Alternative Methods of Compliance (AMOCs)

    (n) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (o) French airworthiness directive 2002-137(B) dated March 20, 
2002, also addresses the subject of this AD.


    Issued in Renton, Washington, on September 17, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21643 Filed 9-27-04; 8:45 am]
BILLING CODE 4910-13-P