Airworthiness Directives; Dassault Model Falcon 10 Series Airplanes

[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Rules and Regulations]
[Pages 8241-8243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2844]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19177; Directorate Identifier 2002-NM-202-AD; 
Amendment 39-13974; AD 2005-04-02]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dassault Model Falcon 10 series airplanes. This AD requires a temporary 
change to the airplane flight manual (AFM) to provide procedures to the 
flightcrew for touchdown using the main landing gear to avoid a three-
point landing. This AD also requires repetitive inspections of the 
piston rod of the drag strut actuator of the nose landing gear (NLG) 
for cracks, which would terminate the AFM revision, and corrective 
actions if necessary. In addition, this AD provides for a terminating 
modification, which would end the repetitive inspections. This AD is 
prompted by reports of failure of the piston rod of the drag strut 
actuator of the NLG. The cause of such failure has been attributed to 
fatigue cracking caused by corrosion in the piston rod of the drag 
strut actuator. We are issuing this AD to prevent cracking and/or 
fracture of the piston rod of the drag strut actuator of the NLG, which 
could result in a gear-up landing, structural damage, and possible 
injury to passengers and crew.

DATES: This AD becomes effective March 25, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of March 
25, 2005.

ADDRESSES: For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.
    You can examine this information at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19177; the directorate 
identifier for this docket is 2002-NM-202-AD.

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 FAA proposed to amend 14 CFR part 39 
with an AD for all Dassault Model Falcon 10 series airplanes. That 
action, published in the Federal Register on September 28, 2004 (69 FR 
57886), proposed to require a temporary change to the airplane flight 
manual (AFM) to provide procedures to the flightcrew for touchdown 
using the main landing gear to avoid a three-point landing. That action 
also proposed to require repetitive inspections of the piston rod of 
the drag strut actuator of the nose landing gear (NLG) for cracks, 
which

[[Page 8242]]

would terminate the AFM revision, and corrective actions if necessary. 
In addition, the proposed AD provided a terminating modification, which 
would end the repetitive inspections.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Revise Paragraph (h), Repetitive Inspections

    One commenter requests that the proposed AD be revised to allow 
operators to replace a cracked drag strut actuator with an actuator 
having the same part number. The commenter states that this should be 
allowed only once, and that the operators would still have to perform 
the repetitive inspections specified in paragraph (h)(2) of the 
proposed AD. The commenter is concerned that there may be a shortage of 
new, improved drag strut actuators since the parallel French 
airworthiness directive, 2002-137(B), dated March 20, 2002, does not 
mandate the replacement of a cracked drag strut actuator with a new, 
improved actuator.
    We agree with the commenter's request. We have revised paragraph 
(h)(1) of this AD to specify that operators may replace a cracked drag 
strut actuator with a part having the same part number, or do the 
terminating modification specified in paragraph (i) of this AD.

Request To Revise Paragraph (m), Part Installation

    Two commenters, the airplane manufacturer and one of its 
subsidiaries, request that paragraph (m) of the proposed AD be revised 
to specify that only drag strut actuators, part number (P/N) 747721, 
that fail an ultrasonic inspection as specified in paragraph (h) of the 
proposed AD may not be reinstalled on the airplane. Specifically, the 
commenters request to include the text ``* * * which has failed the 
ultrasonic inspection of the piston rod for cracks in accordance with 
Dassault Service Bulletin F10-294, dated March 20, 2002.'' The 
commenters state that if the piston rod passes an ultrasonic inspection 
it is acceptable to the airplane manufacturer to allow that drag strut 
actuator to remain in service on the airplane. The commenters note 
that, after reading paragraph (m) of the proposed AD, a person could 
conclude that it is unacceptable to reinstall any drag strut actuator, 
P/N 747721, if the actuator is removed from the airplane for any 
reason. One of the commenters states that the additional text is 
necessary to ensure a suitable number of spare parts are available to 
operators upon publication of the AD.
    We agree with the intent of the commenters' requests. Instead of 
revising the Parts Installation paragraph included in the proposed AD, 
we are omitting that paragraph from this AD.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 154 airplanes of U.S. registry.
    The AFM revision takes about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the AFM revision required by this AD for U.S. 
operators is $10,010, or $65 per airplane.
    The inspection takes about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of the inspection required by this AD for U.S. operators is 
$10,010, or $65 per airplane, per inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-04-02 Dassault Aviation [Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)]: Amendment 39-13974. Docket No. FAA-2004-
19177; Directorate Identifier 2002-NM-202-AD.

Effective Date

    (a) This AD becomes effective March 25, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Falcon 10 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of failure of the piston rod 
of the drag strut actuator of the nose landing gear (NLG). We are 
issuing this AD to prevent cracking and/or fracture of the piston 
rod of the drag strut

[[Page 8243]]

actuator of the NLG, which could result in a gear-up landing, 
structural damage, and possible injury to passengers and crew.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Airplane Flight Manual (AFM) Revision

    (f) Within 5 days after the effective date of this AD: Revise 
the Limitations Section of the Falcon 10 AFM by incorporating 
Dassault Temporary Change (TC) 24, dated March 1, 2002, into the 
AFM. That TC provides procedures to the flightcrew for touchdown 
using the main landing gear to avoid a three-point landing. 
Thereafter, operate the airplane in accordance with the limitations 
specified in the AFM revision.
    (g) When the information in TC 24 has been included in general 
revisions of the AFM, the TC may be removed from the AFM, provided 
the relevant information in the general revision is identical to 
that in TC 24.

Repetitive Inspections

    (h) Within 7 months after the effective date of this AD: Do an 
ultrasonic inspection of the piston rod of the drag strut actuator 
of the NLG for cracks in accordance with Dassault Service Bulletin 
F10-294, dated March 20, 2002. After the initial inspection has been 
done, the TC required by paragraph (f) of this AD may be removed 
from the AFM.
    (1) If any crack is found: Before further flight, replace the 
cracked drag strut actuator with an airworthy part having the same 
part number, or do the terminating modification specified in 
paragraph (i) of this AD.
    (2) If no crack is found: Repeat the inspection thereafter at 
intervals not to exceed 700 landings on the drag strut actuator.

Terminating Modification

    (i) Accomplishment of the modification of the drag strut 
actuator in accordance with Dassault Service Bulletin F10-297, dated 
October 1, 2003, and prior or concurrent accomplishment of the 
related modification in accordance with Messier-Hispano-Bugatti 
Falcon 10 Service Bulletin 511-32-26, dated November 9, 1979, ends 
the repetitive inspections required by paragraph (h)(2) of this AD.

Additional Source of Service Information

    (j) Messier-Dowty Service Bulletin 747721-32-057, dated February 
5, 2003, is referenced in Dassault Service Bulletin F10-294 as an 
additional source of service information for replacing the drag 
strut actuator rod.

Actions Not Required

    (k) Dassault Service Bulletin F10-294 recommends returning the 
drag strut actuator to the component repair agent for replacement if 
a crack is found, but this AD requires doing the terminating 
modification specified in paragraph (i) of this AD.
    (l) Dassault Service Bulletins F10-294 and F10-297 recommend 
submitting certain inspection results to the manufacturer. This AD 
does not require those actions.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (n) French airworthiness directive 2002-137(B) dated March 20, 
2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (o) You must use the service information that is specified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of those documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of 
the service information, contact Dassault Falcon Jet, P.O. Box 2000, 
South Hackensack, New Jersey 07606. For information on the 
availability of this material at the National Archives and Records 
Administration (NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC.

              Table 1.--Material Incorporated by Reference
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       Service information          Revision level           Date
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Dassault Service Bulletin F10-    Original..........  Mar. 20, 2002.
 294.
Dassault Service Bulletin F10-    Original..........  Oct. 1, 2003.
 297.
Dassault Temporary Change 24 to   Original..........  Mar. 1, 2002.
 the Falcon 10 Airplane Flight
 Manual.
Messier-Hispano-Bugatti Falcon    Original..........  Nov. 9, 1979.
 10 Service Bulletin 511-32-26.
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    Issued in Renton, Washington, on February 3, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2844 Filed 2-17-05; 8:45 am]
BILLING CODE 4910-13-P

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