[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Rules and Regulations]
[Page 9521-9523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-30-AD; Amendment 39-13492; AD 2004-04-11]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Dassault Model Mystere-Falcon 50 series
airplanes, that requires applying PR (fuel tank sealant) and installing
PR patches over the internal side panel recesses of the left-hand and
right-hand feeder tanks at certain frames and stringers. This action is
necessary to prevent possible fuel ignition in the event of a lightning
strike and consequent uncontained rupture of the fuel tank(s). This
action is intended to address the identified unsafe condition.
DATES: Effective April 5, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 5, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Dassault Falcon Jet, PO Box 2000, South Hackensack, New
Jersey 07606. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 50 series airplanes was published in the Federal Register on
November 18, 2003 (68 FR 65005). That action proposed to require
applying PR (fuel tank sealant) and installing PR patches over the
internal
[[Page 9522]]
side panel recesses of the left-hand and right-hand feeder tanks at
certain frames and stringers.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received from one commenter.
Request To Revise Statement of Unsafe Condition
The commenter, the airplane manufacturer, requests that the wording
of the unsafe condition in the Summary and Discussion sections of the
proposed AD be changed. The commenter requests that the FAA change the
wording to emphasize that the current design conforms to the
certification basis, but that a design improvement has been developed.
The French airworthiness directive which parallels the proposed AD
states that the French airworthiness directive was issued because
``Analysis of an in-service incident has shown the need to improve the
resistance of the feeder tank skins to direct lightning effects.'' The
commenter acknowledges that an unsafe condition does exist.
The FAA partially agrees with the commenter. The unsafe condition
as stated in the proposed AD is ``This action is necessary to prevent
fuel ignition in the event of a lightning strike and consequent
uncontained rupture of the fuel tank(s).'' We acknowledge that this
statement could be interpreted to mean that each time the feeder tank
panels were struck by lightning, the result would be fuel ignition and
rupture of the fuel tanks(s) due to a problem with the current design
of the fuel feeder tanks. We acknowledge that this result may not occur
in all cases. However, conformity to the approved type design is not
relevant in this situation. An unsafe condition has been identified
based on an in-service event. The airworthiness authority for the state
of design has issued an airworthiness directive mandating corrective
action. We conclude that based on the authority's action the required
corrective action is more than a design improvement. The unsafe
condition statement in the Summary and body of this final rule will be
changed to state that this action is necessary to ``prevent possible
fuel ignition in the event of a lightning strike and consequent
uncontained rupture of the fuel tank(s).'' The Discussion section is
not restated in this final rule, so no change to the final rule is
necessary in this regard.
Request To Revise Cost Impact
The same commenter states that the figures in the Cost Impact
section of the proposed AD do not match the figures in Dassault
Document DGT-DTF/NAV 89815, dated December 20, 2002.
From this comment we infer that the commenter is requesting that
the Cost Impact section of the proposed AD be revised. We do not
concur. The figures in Dassault Document DGT-DTF/NAV 89815 include work
hours for preparing an airplane (including degreasing and cleaning) for
the application of PR (fuel tank sealant) and installation of PR
patches, and checking/testing the airplane after accomplishment of
those actions. As stated in the proposed AD, ``the cost impact figures
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.'' Application of PR and installation of PR patches are the
specific actions required by the proposed AD; the other actions are
incidental. We have not changed this final rule regarding this issue.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
We estimate that 213 airplanes of U.S. registry will be affected by
this AD, that it will take approximately 40 work hours per airplane to
accomplish the required actions, and that the average labor rate is $65
per work hour. Required parts will cost approximately $5,890 per
airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $1,808,370, or $8,490 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 adopted herein will 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 final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-04-11 Dassault Aviation: Amendment 39-13492. Docket 2003-NM-30-
AD
Applicability: Model Mystere-Falcon 50 series airplanes,
certificated in any category, except those airplanes on which
Dassault Modification M2491 or Dassault Modification M673 has been
implemented.
Compliance: Required as indicated, unless accomplished
previously.
To prevent possible fuel ignition in the event of a lightning
strike and consequent
[[Page 9523]]
uncontained rupture of the fuel tank(s), accomplish the following:
Installation
(a) Within 18 months from the effective date of this AD, apply
PR (fuel tank sealant) and install PR patches over the internal
side-panel recesses of the left-hand and right-hand feeder tanks
between frame 28 and frame 31 and from stringer 5 to stringer 13, in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin F50-415, dated November 27, 2002. Although the service
bulletin referenced in this AD specifies to submit certain
information to the manufacturer, this AD does not include such a
requirement.
Alternative Methods of Compliance
(b) 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.
Incorporation by Reference
(c) The actions shall be done in accordance with Dassault
Service Bulletin F50-415, dated November 27, 2002. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Dassault Falcon Jet, PO Box 2000,
South Hackensack, New Jersey 07606. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
Note 1: The subject of this AD is addressed in French
airworthiness directive, dated 2002-595(B), dated November 27, 2002.
Effective Date
(d) This amendment becomes effective on April 5, 2004.
Issued in Renton, Washington, on February 20, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-4254 Filed 2-27-04; 8:45 am]
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