[Federal Register: June 17, 2004 (Volume 69, Number 116)]
[Proposed Rules]
[Page 33872-33874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn04-20]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 33872]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-227-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Fan Jet Falcon Series
Airplanes and Model Mystere-Falcon 20 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 Fan Jet Falcon
series airplanes and Model Mystere-Falcon 20 series airplanes. That
action would have required inspecting and testing for fatigue cracking
due to stress corrosion in the vertical posts of the window frames in
the flight compartment. This new action revises the proposed rule by
adding airplanes to the applicability, clarifying which airplanes must
do certain actions, and specifying which window frames to
ultrasonically inspect. The actions specified by this new proposed AD
are intended to prevent fatigue cracking of the window frames, which
could result in rapid depressurization of the fuselage and consequent
reduced structural integrity of the airplane. This action is intended
to address the identified unsafe condition.
DATES: Comments must be received by July 12, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-227-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-227-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:
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.
For each issue, state what specific change to the proposed
AD is being requested.
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-227-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-227-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 Fan Jet Falcon series airplanes and Model
Mystere-Falcon 20 series airplanes, was published as a notice of
proposed rulemaking (NPRM) in the Federal Register on February 6, 2004
(69 FR 5767). That NPRM would have required inspecting and testing for
fatigue cracking due to stress corrosion in the vertical posts of the
window frames in the flight compartment. That NPRM was prompted by
mandatory continuing airworthiness information from a civil
airworthiness authority. Cracking of the window frames, if not
corrected, could result in rapid depressurization of the fuselage and
consequent reduced structural integrity of the airplane.
Comments
Due consideration has been given to the comments received from a
single commenter in response to the NPRM.
Request To Revise Applicability
The commenter, the airplane manufacturer, states that the
applicability of the NPRM is incorrect because it excludes airplanes
that incorporated Dassault Service Bulletin FJF-701, Revision 1, dated
October 22, 1987. The commenter states that
[[Page 33873]]
airplanes that incorporated the service bulletin should be exempt from
the endoscopic inspections proposed in the NPRM, but not the ultrasonic
inspections.
We agree with the commenter and have revised the applicability of
this supplemental NPRM (SNPRM) to include all Model Fan Jet Falcon
series airplanes and Model Mystere-Falcon 20 series airplanes,
certificated in any category.
Request To Allow Flight With Cracking
The commenter notes that, in the French airworthiness directive,
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which
is the airworthiness authority for France, approved continued flight
with cracking. The commenter states that window frames only need to be
repaired per a method approved by the FAA or the DGAC (or its delegated
agent) if cracking found during any inspection exceeds the criteria
specified in Dassault Aviation Work Cards 53-30-12 and 53-30-7. (Those
work cards are referenced in the NPRM as the appropriate source of
service information for the proposed actions.) The commenter requests
that paragraph (c) of the NPRM be changed to allow flight with cracking
that is within the limits specified in the Dassault work cards.
We do not agree with the commenter's request to allow flight with
cracking within specified limits. It is our policy to require repair of
known cracking prior to further flight (we may make exceptions to this
policy in certain cases of unusual need, as discussed below). This
policy is based on the fact that such damaged airplanes do not conform
to the FAA-certificated type design and, therefore, are not airworthy
until a properly approved repair is incorporated.
As noted above, we may make an exception to this policy in certain
cases, if there is an unusual need for a temporary deferral. Unusual
needs include such circumstances as legitimate difficulty in acquiring
parts to accomplish repairs. Under such conditions, we may allow a
temporary deferral of the repair, subject to a stringent inspection
program we find acceptable. We consider the compliance times in this
proposed AD to be adequate to allow operators to acquire parts to have
on hand in the event that cracking is detected during any inspection or
test. Therefore, we have determined that, due to the safety
implications and consequences associated with such cracking, any window
frame found with cracking must be repaired before further flight. No
change to this SNPRM is necessary in this regard.
Request To Revise Paragraph (a)(1) of the NPRM
The commenter requests that paragraph (a)(1) of the NPRM be revised
to exclude airplanes that have incorporated Dassault Service Bulletin
FJF-701, Revision 1. Those airplanes have removable fairings in the
area of the endoscopic inspections. An inspection program is already in
place for airplanes with removable fairings so the endoscopic
inspections in the NPRM are not necessary on these airplanes.
We agree with the commenter's request and have revised paragraph
(a)(1) of this SNPRM to specify that only airplanes that have not
incorporated Dassault Service Bulletin FJF-701, dated March 25, 1986,
or Revision 1 dated October 22, 1987, are required to do the endoscopic
inspections.
Request To Revise Paragraph (a)(2) of the NPRM
The commenter states that ultrasonic inspections do not need to be
done on all window frames, as stated in the NPRM. Only window frames 2,
5, 7, 8, and 10 may be subject to stress corrosion; therefore, those
are the only window frames that need to be inspected. The commenter
also notes that all airplanes should do the ultrasonic inspection
required by paragraph (a)(2) of the NPRM.
We agree with the commenter that only the window frames that are
subject to stress corrosion need to be ultrasonically inspected, and
that all airplanes must do the ultrasonic inspection. We revised
paragraph (a)(2) of this SNPRM accordingly.
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.
Cost Impact
We estimate that 220 airplanes of U.S. registry would be affected
by this proposed AD, that it would take approximately 4 work hours per
airplane to accomplish the proposed actions, and that the average labor
rate is $65 per work hour. Based on these figures, the cost impact of
the proposed AD on U.S. operators is estimated to be $57,200, or $260
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 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-227-AD.
[[Page 33874]]
Applicability: All Model Fan Jet Falcon series airplanes and
Model Mystere-Falcon 20 series airplanes, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking of the window frames in the flight
compartment, which could result in rapid depressurization of the
fuselage and consequent reduced structural integrity of the
airplane, accomplish the following:
Inspection and Test of Flight Compartment Window Frames
(a) Do an inspection and test for stress corrosion and cracking
as specified in paragraphs (a)(1) and (a)(2) of this AD, at the
applicable time specified in paragraph (b) of this AD.
(1) For airplanes that have not accomplished the actions
specified in Dassault Service Bulletin FJF-701, dated March 25,
1986; or Revision 1 dated October 22, 1987: Do a detailed inspection
(using an endoscope) to detect stress corrosion and cracking of the
window frames in the flight compartment, including the pilot, co-
pilot, and front windows. Do the inspection in accordance with
Dassault Aviation Work Card 53-30-12, titled ``Endoscopic Inspection
of the Frames of Pilot, Co-Pilot, and Front Glass Panels (Aircraft
Not Changed Per SB No. 701),'' of the Dassault Aviation Fan Jet
Falcon Maintenance Manual, dated November 2001.
(2) For all airplanes: Do an ultrasonic test for cracking in the
posts of window frames 2, 5, 7, 8, and 10. Do the test in accordance
with Dassault Aviation Work Card 53-30-07, titled ``Non-Destructive
Ultrasonic Testing of Vertical Posts on Screw-Mounted Windows,'' of
the Dassault Aviation Fan Jet Falcon Maintenance Manual, dated
November 2001.
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) Do the inspection and test required by paragraph (a) of this
AD, at the times specified in paragraph (b)(1) or (b)(2) of this AD,
as applicable.
(1) For airplanes having 35 or more years since the date of
issuance of the original Airworthiness Certificate or the date of
issuance of the original Export Certificate of Airworthiness,
whichever is first; or having accumulated 20,000 or more total
flight cycles as of the effective date of this AD: Within 7 months
after the effective date of this AD.
(2) For airplanes not identified in paragraph (b)(1) of this AD:
Within 25 months or 2,500 flight cycles after the effective date of
this AD, whichever is first.
Repair
(c) If any stress corrosion or cracking is found during any
inspection or test required by paragraph (a) of this AD: Before
further flight, repair per a method approved by either the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate;
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its
delegated agent).
Reporting Requirement
(d) At the applicable time specified in paragraph (d)(1) or
(d)(2) of this AD: Submit a report of the findings (positive and
negative) of the inspection required by paragraph (a) of this AD to:
Dassault Falcon Jet, Attn: Service Engineering/Falcon 20, fax: (201)
541-4706, at the applicable time specified in paragraph (d)(1) or
(d)(2) of this AD. The report must include the airplane serial
number, number of landings, number of flight hours, airplane age,
and the number and length of any cracks found. Submission of the
Charts of Records (part of French airworthiness directive 2001-600-
028(B), dated December 12, 2001), is an acceptable method of
complying with this requirement. Under the provisions of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office
of Management and Budget (OMB) has approved the information
collection requirements contained in this AD and has assigned OMB
Control Number 2120-0056.
(1) If the inspection was done after the effective date of this
AD: Submit the report within 5 days after the inspection.
(2) If the inspection was done prior to the effective date of
this AD: Submit the report within 5 days after the effective date of
this AD.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Note 2: The subject of this AD is addressed in French
airworthiness directive 2001-600-028(B), dated December 12, 2001.
Issued in Renton, Washington, on June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-13702 Filed 6-16-04; 8:45 am]
BILLING CODE 4910-13-P