AD 2003-05-09

[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Rules and Regulations]
[Pages 12812-12814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-6261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-53-AD; Amendment 39-13085; AD 2003-05-09]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 and Mystere-
Falcon 900 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 Falcon 2000 and Mystere-Falcon 900 
series airplanes. This action requires a one-time inspection to detect 
discrepant wires in the fire control panel for the engines and 
auxiliary power unit (APU), and corrective action if necessary. This 
action is necessary to ensure that the correct wires are installed in 
the fire control panel so that the flight crew can activate the fire 
extinguishers in the event of an engine or APU fire. This action is 
intended to address the identified unsafe condition.

DATES: Effective April 2, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before April 17, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-53-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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: 
<a href="/cdn-cgi/l/email-protection#370e1a56595a1a5e564554585a5a5259437751565619505841"><span class="__cf_email__" data-cfemail="c5fce8a4aba8e8aca4b7a6aaa8a8a0abb185a3a4a4eba2aab3">[email&#160;protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-53-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 for Windows or 
ASCII text.
    Information related to this AD may be examined at the FAA, 
Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., 
Renton, Washington.

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: 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 Falcon 2000 and Mystere-Falcon 900 series airplanes. Typically 
during routine maintenance, continuity checks are performed on the fire 
extinguishers and the fire control panel for the engines and auxiliary 
power unit (APU). Following these checks, the selector switches on the 
fire control panel are secured with copper snap wires that will readily 
break away, allowing the switch to activate the extinguishers. The DGAC 
advises that the maintenance manuals for these airplanes had 
incorrectly specified that the selector switches be secured with lock 
wires, rather than breakaway (snap) copper wires. Use of incorrect 
wires could result in the flight crew being unable to activate the fire 
extinguishers in the event of an engine or APU fire.

Explanation of Relevant Service Information

    Dassault Maintenance Manual sections 26-201 (for Model Falcon 2000 
series airplanes) and 26-203 (for Model Mystere-Falcon 900 series 
airplanes) provide instructions for checking the correct operation of 
the fire extinguisher control switches. The manufacturer has revised 
these sections of the maintenance manuals to, among other things, 
correctly identify the wires for installation on the fire control 
panel. The revisions are dated February 2003.
    The DGAC issued French telegraphic airworthiness directive T2003-
084(B), dated February 12, 2003, to ensure the continued airworthiness 
of these airplanes in France by mandating immediate checks for lock 
wires in the fire control panel and replacement of lock wires with snap 
wires.

FAA's Conclusions

    These airplane models are manufactured in France and are 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 
correct wires are installed in the fire control panel so that the 
flight crew can activate the fire extinguishers in the event of an 
engine or APU fire. This AD requires a one-time general visual 
inspection to detect discrepant (lock) wires, and replacement of lock 
wires with snap wires.

Differences Between This AD and the French Airworthiness Directive

    The French airworthiness directive mandates that operators check 
for discrepant wires before the next flight. The FAA recognizes the 
unsafe condition presented by this situation but finds that an 8-day 
compliance time is adequate in consideration of the safety 
implications, the average utilization rate of the affected fleet, the 
practical aspects of scheduling an orderly inspection of the fleet, and 
the availability of required replacement parts. The FAA cannot justify 
the significant economic impact on

[[Page 12813]]

operators that would occur if airplanes were to be grounded by a 
required inspection before further flight. Therefore, in light of all 
of these factors, the FAA has determined that the 8-day compliance time 
represents an appropriate interval in which to inspect the wires in a 
timely manner within the fleet and still maintain an adequate level of 
safety.
    The DGAC identifies ``MS20995CY15'' as one of the standards that 
identifies the correct wires for the fire control panel described in 
this AD. The FAA has learned that that document has been canceled and 
replaced by National Aerospace Standard NASM20995CY15, which is listed 
in paragraph (a) of this AD.

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.
    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-53-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, 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

    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:

2003-05-09 Dassault Aviation: Amendment 39-13085. Docket 2003-NM-53-
AD.

    Applicability: All Model Falcon 2000 and Mystere-Falcon 900 
series airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the correct wires are installed on the fire 
control panel so that the flight crew is able to activate the fire 
extinguishers in the event of a fire, accomplish the following:

Inspection

    (a) Within 8 days after the effective date of this AD, perform a 
general visual inspection of the wires on the fire control panel to 
determine if they are identified in the norms specified in Norme 
francaise NF L 23-321, dated September 2000; or National Aerospace 
Standard NASM20995CY15, dated April 1998. Before further flight, 
replace lock wires with snap wires that are listed in either the NFL 
or NASM standard, as specified in Maintenance Manual section 26-201, 
dated February 2003 (for Model Falcon 2000 series airplanes); or 
section 26-203, dated February 2003 (for Model Mystere-Falcon 900 
series airplanes).

    Note 2: 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.''

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA. 
Operators shall submit their requests through

[[Page 12814]]

an appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, International Branch, ANM-
116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in French 
telegraphic airworthiness directive T2003-084(B), dated February 12, 
2003.

Effective Date

    (d) This amendment becomes effective on April 2, 2003.

    Issued in Renton, Washington, on March 6, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-6261 Filed 3-17-03; 8:45 am]
BILLING CODE 4910-13-P