[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Proposed Rules]
[Page 58285-58287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-283-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model 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 Falcon
900EX series airplanes. This proposal would require modification of the
front attachment area of the No. 2 engine. This action is necessary to
prevent failure of the fail-safe lugs of the hoisting plate of the
forward engine mount, and subsequent cracking of the pick-up folded
sheet of the pylon forward rib. Such cracking could rupture the mast
case box, which could result in loss of the two forward engine mounts
and consequent separation of the engine from the airplane. This action
is intended to address the identified unsafe condition.
DATES: Comments must be received by November 10, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-283-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-283-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.
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-283-AD.'' The postcard will be date stamped
and returned to the commenter.
[[Page 58286]]
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-283-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 Falcon 900EX series
airplanes. The DGAC advises that fatigue tests revealed that the fail-
safe lugs of the forward engine mount may not have adequate fatigue
strength. Failure of the lugs could result in cracking of the pick-up
folded sheet of the pylon forward rib, and consequent rupture of the
mast case box. Such conditions, if not corrected, could result in loss
of the two forward engine mounts and consequent separation of the
engine from the airplane.
Explanation of Relevant Service Information
Dassault has issued Service Bulletin F900EX-103, dated May 23,
2001, which describes procedures for modification of the No. 2 engine
front attachment area. The modification involves replacing the No. 2
engine hoisting shield with a reinforced shield at the safety device
attachments, and replacing the front attachment pickup doublers with
new, thicker doublers. 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 2001-160-027(B),
dated May 2, 2001, 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 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 AD
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 Proposed AD and French Airworthiness Directive
The French airworthiness directive specifies a compliance time of
``Before 3,750 flights since new,'' for accomplishment of the
modification of the front attachment area of the No. 2 engine. However,
this proposed AD would require a compliance time of ``Prior to the
accumulation of 3,750 flight cycles since the date of issuance of the
original Airworthiness Certificate or the date of issuance of the
Export Certificate of Airworthiness, whichever occurs first.'' This
decision is based on our determination that ``since new'' may be
interpreted differently by different operators. We find that our
proposed terminology is generally understood within the industry, and
records will always exist that establish these dates with certainty.
Cost Impact
We estimate that 36 airplanes of U.S. registry would be affected by
this proposed AD, that it would take about 85 work hours per airplane
to accomplish the proposed modification, and that the average labor
rate is $65 per work hour. Required parts would cost about $14,479 per
airplane. Based on these figures, the cost impact of the proposed
modification on U.S. operators is estimated to be $720,144, or $20,004
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 2001-NM-283-AD.
Applicability: Model Falcon 900EX series airplanes, serial
numbers 1 through 60 inclusive; certificated in any category; except
those on which Dassault Modifications M2754 and M2925, identified in
Dassault Service Bulletin F900EX-103, dated May 23, 2001, have been
accomplished.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the fail-safe lugs of the forward engine
mount, and consequent cracking of the pick-up folded sheet of the
pylon forward rib, which could rupture the mast case box and result
in loss of the two forward engine mounts and consequent separation
of the engine from the airplane, accomplish the following:
Modification
(a) Prior to the accumulation of 3,750 flight cycles since the
date of issuance of the
[[Page 58287]]
original Airworthiness Certificate or the date of issuance of the
Export Certificate of Airworthiness, whichever occurs first: Modify
the front attachment area of the No. 2 engine by doing all the
actions per Paragraphs 2.A. through 2.D. of the Accomplishment
Instructions of Dassault Service Bulletin F900EX-103, dated May 23,
2001.
Alternative Methods of Compliance
(b) 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 1: The subject of this AD is addressed in French
airworthiness directive 2001-160-027(B), dated May 2, 2001.
Issued in Renton, Washington, on October 3, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-25589 Filed 10-8-03; 8:45 am]
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