[Federal Register: December 1, 2003 (Volume 68, Number 230)]
[Rules and Regulations]               
[Page 67025-67027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de03-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-247-AD; Amendment 39-13375; AD 2003-24-06]
RIN 2120-AA64

 
Airworthiness Directives; Dassault Model Mystere-Falcon 200 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dassault Model Mystere-Falcon 200 series 
airplanes. This action requires a one-time inspection of the fire 
extinguishing pipe for each engine to determine whether holes for 
dispersal of fire-extinguishing agent are present, and corrective 
action if necessary. This action is necessary to ensure that the 
flightcrew is able to extinguish an engine fire, should one occur. 
Inability to extinguish an engine fire could result in loss of control 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective December 1, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 1, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before December 31, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-247-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

[[Page 67026]]

holidays. Comments may be submitted via fax to (425) 227-1232. Comments 
may also be sent via the Internet using the following address: 39-anm-iarcomment@faa.gov. Comments sent via the Internet must contain 
``Docket No. 2003-NM-247-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    The service information referenced in this AD 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on all Dassault 
Model Mystere-Falcon 200 series airplanes. The DGAC advises that, 
during a maintenance visit, it was discovered that the fire 
extinguishing pipes for both engines did not have the holes necessary 
to disperse fire extinguishing agent. This condition, if not corrected, 
could result in inability to extinguish an engine fire, should one 
occur, and consequent loss of control of the airplane.

Explanation of Relevant Service Information

    Dassault has issued Alert Service Bulletin F200-A120, Revision 1, 
dated November 13, 2003. That service bulletin describes procedures for 
a one-time general visual inspection of the fire extinguishing pipe for 
each engine to determine whether six holes for dispersal of fire-
extinguishing agent are present between the rear coupling and the front 
attaching lug of the pipe, and corrective action if necessary. If the 
holes are not present, corrective action includes replacing the fire 
extinguishing pipe with a new pipe that has the necessary holes, or 
drilling the necessary holes in the existing pipe. Accomplishment of 
the action 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 emergency airworthiness 
directive F-2003-419(B), dated November 13, 2003, 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 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, this AD is being issued to ensure that the 
flightcrew is able to extinguish an engine fire, should one occur. 
Inability to extinguish an engine fire could result in loss of control 
of the airplane. This AD requires a one-time inspection of the fire 
extinguishing pipe for each engine to determine whether holes for 
dispersal of fire-extinguishing agent are present, and corrective 
action if necessary. The actions are required to be accomplished in 
accordance with the service bulletin described previously, except as 
discussed below.

Difference Between AD, Service Bulletin, and French Airworthiness 
Directive

    Operators should note that, although the referenced service 
bulletin and French emergency airworthiness directive specify that the 
inspection of the fire extinguishing pipes must be accomplished before 
further flight, this AD requires that this inspection be accomplished 
within 10 days after the effective date of this AD. In developing an 
appropriate compliance time for this AD, we considered not only the 
manufacturer's and DGAC's recommendation, but the degree of urgency 
associated with addressing the subject unsafe condition, and the time 
necessary to perform the inspection. In light of all of these factors, 
we find a compliance time of 10 days represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety. This issue has been coordinated with the DGAC, and 
they have no objection.
    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
completing a card recording compliance with the service bulletin and 
submitting it to the manufacturer, this AD does not require those 
actions.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.

[[Page 67027]]

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-247-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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:

2003-24-06 Dassault Aviation: Amendment 39-13375. Docket 2003-NM-
247-AD.

    Applicability: All Model Mystere-Falcon 200 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew is able to extinguish an engine 
fire, should one occur, accomplish the following:

One-Time Inspection and Corrective Action

    (a) Within 10 days after the effective date of this AD, perform 
a one-time general visual inspection of the fire extinguishing pipe 
for each engine to determine whether six holes for dispersal of 
fire-extinguishing agent are present between the rear coupling and 
the front attaching lug of the pipe, per the Accomplishment 
Instructions of Dassault Alert Service Bulletin F200-A120, Revision 
1, dated November 13, 2003; except that it is not required to 
complete the card recording compliance with the service bulletin and 
return it to the manufacturer.
    (1) If all required holes are present on the fire extinguishing 
pipes for both engines, no further action is required by this 
paragraph.
    (2) For any fire extinguishing pipe missing any or all required 
holes, before further flight, replace the pipe with a new pipe that 
has the required holes, or drill the required holes in the existing 
pipe, per the Accomplishment Instructions of the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Parts Installation

    (b) As of the effective date of this AD, no person may install, 
on any airplane, a fire extinguishing pipe for an engine unless it 
has been inspected per paragraph (a) of this AD and found to have 
all holes required for dispersal of fire-extinguishing agent.

Alternative Methods of Compliance

    (c) 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

    (d) The actions shall be done in accordance with Dassault Alert 
Service Bulletin F200-A120, Revision 1, dated November 13, 2003. 
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, P.O. 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 2: The subject of this AD is addressed in French emergency 
airworthiness directive F-2003-419(B), dated November 13, 2003.

Effective Date

    (e) This amendment becomes effective on December 1, 2003.

    Issued in Renton, Washington, on November 20, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-29570 Filed 11-28-03; 8:45 am]

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