[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Proposed Rules]
[Page 9954-9955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-27]
[[Page 9954]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-399-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 900 and
Falcon 900EX 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 Mystere-
Falcon 900 and Falcon 900EX series airplanes. This proposal would
require replacement of certain self-adhering soundproofing mats under
the passenger consoles in the cabin, which are not sufficiently fire-
retardant, with mats that are not self-adhering and are sufficiently
fire-retardant. This action is necessary to prevent an uncontrolled
fire in the cabin due to self-adhering soundproofing mats under the
passenger consoles in the cabin, which are not sufficiently fire-
retardant. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by April 2, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-399-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-399-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 for Windows 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 postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-399-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-399-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale 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 Mystere-Falcon 900 and
Falcon 900EX series airplanes. The DGAC advises that a new type of
self'adhering soundproofing mat has been installed under the passenger
cabin console on these two airplane models. These mats are placed
behind the air-conditioning ducts and are covered with a protective
film to prevent sticking. Tests have demonstrated that due to their
composition, i.e., self-adhering silicon foam and polyester film, these
mats are insufficiently fire retardant. This condition, if not
corrected, could result in an uncontrolled fire in the cabin.
Explanation of Relevant Service Information
Dassault has issued Service Bulletins F900-220 and F900EX-109, both
including Service Bulletins Compliance Form, both dated June 29, 2001.
These service bulletins describe procedures for replacement of certain
self-adhering soundproofing mats under the passenger consoles in the
cabin, which are not sufficiently fire-retardant, with mats that are
not self-adhering and are sufficiently fire-retardant. The service
bulletins also describe procedures for reporting compliance.
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 2001-267-035(B), dated June 27, 2001, in order
to assure 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
Sec. 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. The FAA has 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
[[Page 9955]]
States, the proposed AD would require accomplishment of the actions
specified in the service bulletins described previously, except that
reporting compliance is not required.
Cost Impact
The FAA estimates that 18 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 80 work
hours per airplane to accomplish the proposed replacement, and that the
average labor rate is $60 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 the proposed AD on U.S. operators is
estimated to be $86,400, or $4,800 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 proposed 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: Docket 2001-NM-399-AD.
Applicability: Model Mystere-Falcon 900 series airplanes, serial
numbers 184 through 187 inclusive, and Model Falcon 900EX series
airplanes, serial numbers 28 and 65 through 85 inclusive,
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent an uncontrolled fire in the cabin due to self-
adhering soundproofing mats under the passenger consoles in the
cabin, which are not sufficiently fire-retardant, accomplish the
following:
(a) Within seven months after the effective date of this AD,
replace the self-adhering soundproofing mats with mats that are not
self-adhering and are sufficiently fire-retardant, per paragraphs
2.A. through 2.D. of the Accomplishment Instructions of Dassault
Service Bulletin F900-220 (for Model Mystere-Falcon 900 series
airplanes), or F900EX-109 (for Model Falcon 900EX series airplanes);
both excluding Service Bulletins Compliance Form; both dated June
29, 2001.
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
Sec. Sec. 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in French
airworthiness directive 2001-267-035(B), dated June 27, 2001.
Issued in Renton, Washington, on February 25, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-4839 Filed 2-28-03; 8:45 am]
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