[Federal Register: November 13, 2003 (Volume 68, Number 219)]
[Proposed Rules]
[Page 64286-64288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no03-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-231-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Falcon 2000 and 900EX,
and Dassault Model Mystere-Falcon 900 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 Falcon 2000
and 900EX, and Dassault Model Mystere-Falcon 900 series airplanes. This
proposal would require measuring the paint thickness on the upper and
lower surfaces of the left and right sides of the horizontal
stabilizer, performing corrective actions if necessary, and installing
maintenance caution placards on the upper surface of the left and right
sides of the horizontal stabilizer. This action is necessary to prevent
structural damage to the horizontal stabilizer after a direct lightning
strike, which could result in reduced controllability of the airplane.
This action is intended to address the identified unsafe condition.
DATES: Comments must be received by December 15, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-231-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. 2002-NM-231-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:
[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
[[Page 64287]]
postcard on which the following statement is made: ``Comments to Docket
Number 2002-NM-231-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-231-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 certain Dassault Model Falcon 2000 and
900EX, and Dassault Model Mystere-Falcon 900 series airplanes. The DGAC
advises that, during lightning testing on a composite horizontal
stabilizer, it was discovered that excessive paint thickness has a
detrimental effect on the lightning protection of the stabilizer
structure. Such paint thickness impairs lightning propagation, which
may lead to significant structural damage to the stabilizer after a
direct lightning strike, and consequent reduced controllability of the
airplane.
Explanation of Relevant Service Information
Dassault has issued Service Bulletins F900-291 (for Model Mystere-
Falcon 900 series airplanes), F900EX-155 (for Model Falcon 900EX series
airplanes), and F2000-234 (for Model Falcon 2000 series airplanes); all
dated February 20, 2002. These service bulletins describe procedures
for measuring the paint thickness on the upper and lower surfaces of
the left and right sides of the horizontal stabilizer, and corrective
actions if necessary. The procedures for determining the paint
thickness include spot-sanding three different locations on the upper
and lower surfaces of the left and right sides of the horizontal
stabilizer, and using a dial indicator (or other equivalent means) to
measure the thickness of the removed paint. The corrective actions
include sanding and repainting areas where the paint is thicker than
the limits specified in the applicable service bulletin. The service
bulletins also describe procedures for installing maintenance caution
placards on the upper surface of the left and right sides of the
horizontal stabilizer.
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 2002-089(B), dated March 2, 2002, to ensure 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 us informed of the
situation described above. We have 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 the Proposed Rule and the Service Bulletins
Although the Accomplishment Instructions of the service bulletins
specify to submit a service bulletin compliance form, this proposed AD
does not require that action.
Cost Impact
The FAA estimates that 29 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 16 work hours per airplane, at an
average labor rate of $65 per work hour, to measure the paint
thickness. Based on these figures, the cost impact for the proposed
measurement of the paint thickness on U.S. operators is estimated to be
$30,160, or $1,040 per airplane.
It would take approximately 3 work hours per airplane, at an
average labor rate of $65 per work hour, to install the placards.
Required parts would be provided to operators at no cost. Based on
these figures, the cost impact for the proposed installation of the
placards on U.S. operators is estimated to be $5,655, or $195 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 2002-NM-231-AD.
Applicability: Model Mystere-Falcon 900 series airplanes, as
listed in Dassault Service
[[Page 64288]]
Bulletin F900-291, dated February 20, 2002; Model Falcon 900EX
series airplanes, as listed in Dassault Service Bulletin F900EX-155,
dated February 20, 2002; and Model Falcon 2000 series airplanes, as
listed in Dassault Service Bulletin F2000-234, dated February 20,
2002; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent structural damage to the horizontal stabilizer after
a direct lightning strike, which could result in reduced
controllability of the airplane, accomplish the following:
Measurement of Paint Thickness and Corrective Actions
(a) Within 7 months after the effective date of this AD: Measure
the thickness of the paint on the upper and lower surfaces of the
left and right sides of the horizontal stabilizer in accordance with
all of the actions specified in paragraphs 2.A. through 2.D. of the
Accomplishment Instructions of Dassault Service Bulletin F900-291,
dated February 20, 2002; Dassault Service Bulletin F900EX-155, dated
February 20, 2002; or Dassault Service Bulletin F2000-234, dated
February 20, 2002; as applicable. Any necessary corrective action
must be done before further flight in accordance with the applicable
service bulletin.
Installation of Placards
(b) After accomplishing the actions required by paragraph (a) of
this AD, before further flight, install placards on the upper
surface of the left and right sides of the horizontal stabilizer in
accordance with paragraph 2.E. of the Accomplishment Instructions of
Dassault Service Bulletin F900-291, dated February 20, 2002;
Dassault Service Bulletin F900EX-155, dated February 20, 2002; or
Dassault Service Bulletin F2000-234, dated February 20, 2002; as
applicable.
Alternative Methods of Compliance
(c) 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.
Note 1: The subject of this AD is addressed in French
airworthiness directive 2002-089(B), dated March 2, 2002.
Issued in Renton, Washington, on November 6, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-28400 Filed 11-12-03; 8:45 am]
BILLING CODE 4910-13-P