[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Proposed Rules]
[Page 54866-54868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-30]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-269-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Falcon 900 EX and
Mystere-Falcon 900 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 Falcon 900 EX and
Mystere-Falcon 900 series airplanes, that would have required
installing an attachment support assembly for the fire extinguishing
piping in the baggage compartment. This new action revises the proposed
rule by proposing to add a requirement to modify the liner panel of the
baggage compartment for certain airplanes. The actions specified by
this new proposed AD are intended to prevent distortion of the fire
extinguishing discharge nozzle as a result of the nozzle not being
secure, which could result in poor diffusion of the fire extinguishing
agent in the event of a fire in the baggage compartment. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by October 15, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-269-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:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-269-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: 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
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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:
[sbull] 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.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] 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 2001-NM-269-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. 2001-NM-269-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 Falcon 900 EX and Mystere-Falcon 900 series
airplanes, was published as a notice of proposed rulemaking (NPRM) in
the Federal Register on January 30, 2003 (68 FR 4739). That NPRM (the
``original NPRM'') would have required installing an attachment support
assembly for the fire extinguishing piping in the baggage compartment.
The original NPRM was prompted by a report of a damaged (distorted)
discharge nozzle. This condition, if not corrected, could result in
poor diffusion of the fire extinguishing agent in the event of a fire
in the baggage compartment.
Comments
Due consideration has been given to the comments received in
response to the original NPRM.
Request To Cite Revised Service Bulletin
The original issue of Dassault Service Bulletin F900-279 was cited
in the original NPRM as the appropriate source of service information
for the support assembly installation on Model Mystere-Falcon F900
series airplanes. The manufacturer (and sole commenter on the original
NPRM) discovered that Dassault Service Bulletin F900-279 is not
``totally efficient'' for Model Mystere-Falcon F900 series airplanes,
serial numbers (S/Ns) 1 through 59, that weren't modified in production
(Modification M874). Modification M874 introduces a different angle of
the nozzle and the associated cutting in the liner panel. The
manufacturer has issued Dassault Service Bulletin F900-279, Revision 1,
dated May 15, 2002, to provide procedures to reinforce the
extinguishing diffuser fitting and ensure the proper upward direction
of the nozzle. The manufacturer requests that the original NPRM be
revised to cite Revision 1 of the service bulletin.
The FAA concurs. Revision 1 of the service bulletin adds procedures
for airplanes having S/Ns 1 through 59 that were modified in accordance
with the original issue of Service Bulletin F900-279. The Direction
Generale de l'Aviation Civile (DGAC), which is the airworthiness
authority for France, recognizing the need for different requirements
for the different affected airplane models, issued French airworthiness
directives 2001-192-034(B) R1 (for Model F900EX series airplanes) and
2002-261(B) (for Model Mystere-Falcon F900 series airplanes), both
dated May 15, 2002, to account for the possible incorporation of
Modification M874. Paragraph (a) in this supplemental NPRM has been
revised to cite Revision 1 of Service Bulletin F900-279.
Request To Revise the Applicability
The commenter requests that the applicability specified in the
original NPRM be revised, and suggests specific language intended to
more correctly define the affected airplanes.
In light of the service bulletin revision and production
modification for certain models, we concur with the request and have
revised the applicability accordingly in this supplemental NPRM.
Request To Revise Requirement
The commenter notes that the paragraph numbering in the
Accomplishment Instructions is no longer the same in both service
bulletins. The commenter requests that paragraph (a) of the original
NPRM be revised to reflect the additional steps in Service Bulletin
F900-279, Revision 1, which account for the possible incorporation of
Modification M874.
The FAA agrees. Paragraph (a) has been revised in this supplemental
NPRM to more clearly identify the applicable service information for
the corresponding actions.
Request To Cite New/Revised French Airworthiness Directives
The commenter requests that the original NPRM be revised to cite
the new/revised French airworthiness directives.
We agree and have accordingly revised Note 1 in this supplemental
NPRM (Note 3 in the original NPRM).
Request To Require Report
The commenter requests that the original NPRM be revised to require
the compliance report recommended in the service bulletins. The
commenter asserts that the reports help provide better customer
support.
We do not concur with the request to require such a report. The
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires
agencies to consider the extent of the paperwork burden that will
accompany any new rule. This Act is intended to reduce these burdens by
requiring agencies not only to analyze the information collection and
reporting costs they are imposing on the private sector, but to use
those analyses to minimize the cost. Therefore, we cannot justify
imposing this burden, which would not help to eliminate the unsafe
condition.
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.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR
47997, July 22, 2002), which governs the FAA's AD system. This
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance (AMOCs).
Because we have now included this material in part 39, only
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the office authorized to approve AMOCs is identified in each individual
AD.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
We estimate that 150 airplanes of U.S. registry would be affected
by this proposed AD.
It would take about 3 work hours per airplane to install the
support assembly, at an average labor rate of $65 per work hour.
Required parts would be provided by the manufacturer at no cost to the
operators. Based on these figures, the cost impact of this proposed
action on U.S. operators is estimated to be $29,250, or $195 per
airplane.
If required, the panel modification would take about 4 work hours
per airplane, at an average labor rate of $65 per work hour. Based on
these figures, the cost impact of the proposed panel modification is
estimated to be about $260 per airplane.
The cost impact figures discussed above are 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 2001-NM-269-AD.
Applicability: The following airplanes, certificated in any
category:
Table--Applicability
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Which corresponds to Dassault
Model-- Excluding airplanes modified in accordance with Dassault Service Bulletin-- Modification--
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Mystere-Falcon 900 series airplanes. MF900-279, dated June 7, 2001.................................................. M3368.
or F900-279, Revision 1, dated May 15, 2002.................................... M3368 and M874.
Falcon 900EX series airplanes....... F900EX-142, dated June 7, 2001................................................. F900EX M3368.
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Compliance: Required as indicated, unless accomplished
previously.
To prevent distortion of the fire extinguishing discharge nozzle
as a result of the nozzle not being secure, which could result in
poor diffusion of the fire extinguishing agent in the event of a
fire in the baggage compartment, accomplish the following:
Installation
(a) Within 7 months or 330 flight hours after the effective date
of this AD, whichever comes first, install an attachment support
assembly for the fire extinguishing piping in the baggage
compartment, in accordance with the following service information,
as applicable:
(1) For Model Falcon 900 EX series airplanes: Paragraphs 2.A.
through 2.C. of the Accomplishment Instructions of Dassault Service
Bulletin F900EX-142, dated June 7, 2001.
(2) For Model Mystere-Falcon F900 series airplanes: Paragraphs
2.A. through 2.D., as applicable, of the Accomplishment Instructions
of Dassault Service Bulletin F900-279, Revision 1, dated May 15,
2002. Paragraph 2.B. of this service bulletin includes a
modification of the liner panel of the baggage compartment for
airplanes having serial numbers 1 through 59 inclusive, with the
nozzle directed downward.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Note 1: The subject of this AD is addressed in French
airworthiness directives 2001-192-034(B) R1 and 2002-261(B), both
dated May 15, 2002.
Issued in Renton, Washington, on September 15, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-23937 Filed 9-18-03; 8:45 am]
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