57886 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Proposed Rules 

Repair 

(g) If any cracking is found during any 

inspection required by paragraph (f) of this 

AD: Before further flight, repair the affected 

stringer in accordance with Part 2 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2484, dated June 

26, 2003. Repair terminates the repetitive 

inspections required by paragraph (f) of this 

AD for only the repaired stringer/frame 

location. 

Optional Terminating Action 

(h) Installing new frame clips and new 

doublers; and repairing as applicable; in 

accordance with Part 3 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2484, dated June 

26, 2003, terminates the repetitive 

inspections required by this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19.

Issued in Renton, Washington, on 

September 20, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–21648 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19177; Directorate 

Identifier 2002–NM–202–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 10 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Dassault Model Falcon 10 series 

airplanes. This proposed AD would 

require a temporary change to the 

airplane flight manual to provide 

procedures to the flight crew for 

touchdown using the main landing gear 

to avoid a three-point landing. This 

proposed AD also would require 

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 proposed AD provides for 

a terminating modification, which 

would end the repetitive inspections. 

This proposed 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 proposing 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 gearup landing, structural damage, and 

possible injury to passengers and crew.

DATES: We must receive comments on 

this proposed AD by October 28, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, New Jersey 07606. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., Room PL–401, on the plaza level 

of the Nassif Building, 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: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19177; Directorate Identifier 

2002–NM–202–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can examine the AD docket 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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Proposed Rules 57887

notified us that an unsafe condition may 

exist on all Dassault Model Falcon 10 

series airplanes. The DGAC advises that 

there have been reports of failure of the 

piston rod of the drag strut actuator of 

the nose landing gear (NLG). The cause 

of such failure has been attributed to 

fatigue cracking caused by corrosion in 

the piston rod of the drag strut actuator. 

That cracking can cause the piston rod 

to break and the NLG to retract during 

a three-point landing. These conditions, 

if not found and fixed, could result in 

a gear-up landing, structural damage, 

and possible injury to passengers and 

crew. 

Relevant Service Information 

Dassault has issued Temporary 

Change (TC) No. 24 to the Falcon 10 

Airplane Flight Manual. This TC 

provides procedures for touchdown 

using the main landing gear to avoid a 

three-point landing. 

Dassault has issued Service Bulletin 

F10–294, dated March 20, 2002, which 

describes procedures for an ultrasonic 

inspection of the piston rod of the drag 

strut actuator of the nose landing gear 

(NLG) for cracks. The service bulletin 

recommends sending the actuator back 

to the component repair agent for 

replacing the piston rod if any crack is 

found. 

Dassault has also issued Service 

Bulletin F10–297, dated October 1, 

2003, which describes procedures for 

replacing the drag strut actuator with a 

new, improved drag strut actuator. The 

service bulletin references MessierDowty Service Bulletin 747721–32–057, 

dated February 5, 2003, as an additional 

source of service information for 

modifying the actuator piston rod. 

Service Bulletin F10–297 also 

recommends prior or concurrent 

accomplishment of Messier-HispanoBugatti (MHB) Service Bulletin 511–32–

26, dated November 9, 1979. The MHB 

service bulletin describes procedures for 

modifying the drag strut actuator. 

Accomplishing the actions specified 

in the Dassault service information is 

intended to adequately address the 

unsafe condition. The DGAC mandated 

the service information and issued 

French airworthiness directive 2002–

137(B), dated March 20, 2002, to ensure 

the continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of the Proposed AD 

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. We 

have examined the DGACs findings, 

evaluated all pertinent information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require a temporary 

change to the airplane flight manual to 

provide procedures to the flight crew for 

touchdown using the main landing gear 

to avoid a three-point landing. The 

proposed AD also would require 

repetitive inspections of the piston rod 

of the drag strut actuator of the NLG for 

cracks, which would terminate the AFM 

revision, and corrective actions if 

necessary. In addition, the proposed AD 

provides for a terminating modification, 

which would end the repetitive 

inspections. The proposed AD would 

require you to use the Dassault service 

information described previously to 

perform these actions, except as 

discussed under ‘‘Differences Among 

the Proposed AD, French Airworthiness 

Directive, and Service Bulletins.’’

Differences Among the Proposed AD, 

French Airworthiness Directive, and 

Service Bulletins 

For the AFM revision, the French 

airworthiness directive requires 

compliance before the next flight. This 

proposed AD would require compliance 

within 5 days after the effective date of 

this AD. In developing an appropriate 

compliance time for this proposed AD, 

we considered the DGAC’s 

recommendation, as well as the degree 

of urgency associated with the subject 

unsafe condition. In light of these 

factors, we find that a 5-day compliance 

time represents an appropriate interval 

of time for affected airplanes to continue 

to operate without compromising safety. 

This proposed AD allows operators to 

do repetitive inspections instead of 

doing the terminating modification, 

unless cracking is found. In making 

these determinations, the FAA 

considers that, in the case of this AD, 

long-term continued operational safety 

is adequately ensured by doing the 

repetitive inspections to find cracking 

before it represents a hazard to the 

airplane, and by modifying the drag 

strut actuator if cracking is found. 

Service Bulletin F10–294 

recommends returning the drag strut 

actuator to the component repair agent 

for replacement if a crack is found; 

however, the proposed AD requires 

doing the terminating modification. 

Service Bulletins F10–294 and F10–

297 recommend submitting certain 

inspection results to the manufacturer. 

The proposed AD would not require 

those actions. 

These differences have been 

coordinated with the DGAC.

Costs of Compliance 

This proposed AD would affect about 

154 airplanes of U.S. registry. 

The proposed AFM revision would 

take 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 

proposed by this AD for U.S. operators 

is $10,010, or $65 per airplane. 

The proposed inspection would take 

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 proposed by this 

AD for U.S. operators is $10,010, or $65 

per airplane, per inspection cycle. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. 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 proposed 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows:

57888 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Proposed Rules 

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Dassault Aviation [Formerly Avions Marcel 

Dassault-Breguet Aviation (AMD/BA)]:

Docket No. FAA–2004–19177; 

Directorate Identifier 2002–NM–202–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

October 28, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all 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 NLG. 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. 

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) No. 24 into the AFM. 

That TC provides procedures to the flight 

crew 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 No. 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 No. 

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, 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 

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. 

Part Installation 

(m) As of the effective date of this AD, no 

person may install on any airplane a drag 

strut actuator having part number 747721. 

Alternative Methods of Compliance 

(AMOCs) 

(n) 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 

(o) French airworthiness directive 2002–

137(B) dated March 20, 2002, also addresses 

the subject of this AD.

Issued in Renton, Washington, on 

September 17, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–21643 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19176; Directorate 

Identifier 2003–NM–36–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for all EMBRAER Model 

EMB–135 and –145 series airplanes. 

That AD currently requires repetitive 

inspections of the electrical connectors 

of the electric fuel pumps to detect 

discrepancies, and follow-on corrective 

actions. This proposed AD would 

extend the repetitive intervals for the 

inspections; add new criteria for 

replacing discrepant fuel pumps; add a 

new requirement for applying anticorrosion spray; add a requirement to 

replace all fuel pumps with improved 

fuel pumps; and add repetitive 

inspections after all six fuel pumps are 

replaced. This proposed AD is 

prompted by the manufacturer’s 

development of a new modification that 

addresses the unsafe condition in the 

existing AD. We are proposing this AD 

to prevent an ignition source in the fuel 

tank or adjacent dry bay, which could 

result in fire or explosion.

DATES: We must receive comments on 

this proposed AD by October 28, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW, Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You can get the service information 

identified in this proposed AD from 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 

You may examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW, room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: