[Federal Register: January 22, 2004 (Volume 69, Number 14)]
[Proposed Rules]               
[Page 3041-3043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja04-21]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-232-AD]
RIN 2120-AA64

 
Airworthiness Directives; Dassault Model Mystere-Falcon 50 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 50 series airplanes. This proposal would require one-time 
detailed inspections for structural discrepancies of various fuselage 
attachments; and corrective actions, if necessary, to restore the 
structure to the original design specifications. This action is 
necessary to prevent early fatigue, corrosion, or fretting, which could 
result in structural failure of major components of the airplane and 
reduced structural integrity of the airplane. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by February 23, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-232-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-232-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, PO 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 2002-NM-232-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

[[Page 3042]]

FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket 
No. 2002-NM-232-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 Mystere-Falcon 
50 series airplanes. The DGAC advises that non-conformities to the 
original design specifications of the airplane were recorded at 
assembly for various fuselage attachments. Those non-conformities to 
specifications, if not corrected, could result in early fatigue, 
corrosion, or fretting, which could cause structural failure of major 
components, and reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    Dassault Aviation has issued Service Bulletin F50-332, dated March 
13, 2002, which describes procedures for detailed inspections for 
structural discrepancies (e.g., missing rivets, and loose or non-
reinforced rivets and screws) of various fuselage attachments. The 
inspection areas include points on the cabin inner structure, the stub, 
and the outer structure. This service bulletin also describes 
procedures for corrective actions, if necessary, to restore the 
structure to the original design specifications. The corrective actions 
include installing new shims, installing new reinforcement fittings, 
re-torquing or re-installing screws, and installing missing rivets, as 
applicable, at the appropriate point(s) of the fuselage. Accomplishment 
of the actions specified in the service bulletin is intended to 
adequately address the identified unsafe condition. The DGAC classified 
this service bulletin as mandatory and issued French airworthiness 
directive 2002-033-039(B) R1, dated May 15, 2002, to ensure the 
continued airworthiness of these airplanes in France.

FAA's Conclusions

    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. 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 States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Difference Between the Service Bulletin and This Proposed AD

    Although the service bulletin specifies to submit a reporting card 
to the manufacturer, this proposed AD would not include such a 
requirement.

Cost Impact

    The FAA estimates that 21 airplanes of U.S. registry would be 
affected by this proposed AD. The average labor rate is $65 per work 
hour. The estimated work hours per inspection are between 5 hours and 
123 hours, depending on the operating point(s) that would be inspected. 
The estimated cost per airplane is between $325 and $7,995.
    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-232-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes, having 
serial numbers (S/N) 253 through 278 inclusive; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent early fatigue, corrosion, or fretting, which could 
result in structural failure of major components, and possible 
reduced structural integrity of the airplane, accomplish the 
following:

Inspections and Corrective Actions

    (a) Within 78 months after the effective date of this AD, 
perform one-time detailed inspection(s) for structural discrepancies 
of the fuselage attachments at all applicable operating points 
specified in paragraph 2.B. of the Accomplishment Instructions of 
Dassault Service Bulletin F50-332, dated March 13, 2002. Perform the 
inspections in accordance with the Accomplishment Instructions of 
the service bulletin.

    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) If any structural discrepancy of the fuselage attachments 
(e.g., missing rivets, and

[[Page 3043]]

loose or un-reinforced rivets and screws) is found during the 
inspections required by paragraph (a) of this AD: Prior to further 
flight, accomplish all applicable corrective actions (e.g., 
installing new shims, installing new reinforcement fittings, re-
torquing or re-installing screws, and installing missing rivets), as 
applicable, at the appropriate operating point(s) of the fuselage, 
in accordance with the Accomplishment Instructions of Dassault 
Service Bulletin F50-332, dated March 13, 2002.

No Reporting Requirements

    (c) Although the service bulletin specifies to submit a 
reporting card to the manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2002-033-039(B) R1, dated May 15, 2002.


    Issued in Renton, Washington, on January 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 04-1306 Filed 1-21-04; 8:45 am]

BILLING CODE 4910-13-P