Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5773

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.

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding the following new airworthiness 

directive:

Boeing: Docket 2003–NM–109–AD.

Applicability: All Model 767 series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct the propagation of 

fatigue cracks in the vicinity of ‘‘oil cans’’ on 

the web of the aft pressure bulkhead, which 

could result in rapid decompression of the 

passenger cabin, possible damage or 

interference with the airplane control 

systems that pass through the bulkhead, and 

consequent loss of control of the airplane, 

accomplish the following: 

Service Bulletin References 

(a) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the following service 

bulletins, as applicable: 

(1) For Model 767–200, –300, and –300F 

series airplanes: Boeing Alert Service 

Bulletin 767–53A0105, dated April 10, 2003; 

and 

(2) For Model 767–400ER series airplanes: 

Boeing Alert Service Bulletin 767–53A0106, 

dated April 10, 2003. 

Initial and Repetitive Inspections 

(b) Perform a detailed inspection of the aft 

pressure bulkhead for indications of ‘‘oil 

cans’’ and previous ‘‘oil can’’ repairs, in 

accordance with the service bulletin, at the 

applicable time specified in paragraph (b)(1) 

or (b)(2) of this AD. Repeat the detailed 

inspection thereafter at intervals not to 

exceed 6,000 flight cycles.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as mirror, 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

(1) For Model 767–200 and –300 series 

airplanes: Prior to the accumulation of 50,000 

total flight cycles, or within 1,000 flight 

cycles after the effective date of this AD, 

whichever is later. 

(2) For Model 767–300F and –400ER series 

airplanes: Prior to the accumulation of 40,000 

total flight cycles, or within 1,000 flight 

cycles after the effective date of this AD, 

whichever is later. 

Indication of Previous ‘‘Oil Can’’ Repairs 

(c) If any previous ‘‘oil can’’ repair is found 

during any detailed inspection required by 

paragraph (b) of this AD: Before further flight, 

do a detailed inspection of the web around 

any ‘‘oil can’’ repair for cracks or smaller ‘‘oil 

cans,’’ in accordance with the service 

bulletin. 

(1) If any crack is found, before further 

flight, repair in accordance with the service 

bulletin. Where the service bulletin specifies 

to contact Boeing for repair, before further 

flight, repair per a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA; or per data meeting the type 

certification basis of the airplane approved 

by a Boeing Company Designated 

Engineering Representative who has been 

authorized by the Manager, Seattle ACO, to 

make such findings. For a repair method to 

be approved, the approval must specifically 

reference this AD. 

(2) If any ‘‘oil can’’ is found, before further 

flight, perform the surface high frequency 

eddy current (HFEC) inspection specified in 

paragraph (d) of this AD. 

Indication of ‘‘Oil Can’’

(d) If any indication of an ‘‘oil can’’ is 

found during any detailed inspection 

specified in paragraph (b) or (c) of this AD: 

Before further flight, perform a surface HFEC 

inspection of the web around the periphery 

and in the center of the ‘‘oil can’’ indication 

for cracks, at all ‘‘oil cans,’’ and perform a 

detailed inspection of the web for cracks, in 

accordance with the service bulletin. 

Alternative inspection specified in the 

service bulletin is acceptable for this AD. 

(1) If no crack is found and the ‘‘oil can’’

meets the allowable limits specified in the 

service bulletin, do the action in either 

paragraph (d)(1)(i) or (d)(1)(ii) of this AD. 

(i) Repeat the surface HFEC inspection 

specified in paragraph (d) of this AD 

thereafter at intervals not to exceed 3,000 

flight cycles. 

(ii) Before further flight, repair the ‘‘oil 

can’’ in accordance with the service bulletin. 

Repair of all ‘‘oil cans’’ is considered a 

terminating action for the repetitive HFEC 

inspections required by paragraph (d)(1)(i) of 

this AD. However, continue to repeat the 

detailed inspection required by paragraph (b) 

of this AD. 

(2) If no crack is found and the ‘‘oil can’’

does not meet the specified allowable limits 

specified in the service bulletin: Before 

further flight, repair the ‘‘oil can’’ in 

accordance with the service bulletin. If, 

following the repair, any ‘‘oil can’’ remains 

that meets the allowable limits specified in 

the service bulletin, do the action required by 

either paragraph (d)(1)(i) or (d)(1)(ii) of this 

AD. 

(3) If any crack is found, before further 

flight, repair in accordance with the service 

bulletin. Where the service bulletin specifies 

to contact Boeing for appropriate action, 

before further flight, repair per a method 

approved by the Manager, ACO, FAA; or per 

data meeting the type certification basis of 

the airplane approved by a Boeing Company 

Designated Engineering Representative who 

has been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, the approval must 

specifically reference this AD. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, FAA, is authorized to 

approve alternative methods of compliance 

for this AD.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2472 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–51–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Mystere-Falcon 50, MystereFalcon 900, and Falcon 900 EX Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to 

certain Dassault Model Mystere-Falcon 

50, Mystere-Falcon 900, and Falcon 

900EX series airplanes. This proposal 

would require installing a shield plate 

over the tank structure above the 

Stormscope antenna and replacing the 

Stormscope antenna plug connector 

with a new connector. This action is 

necessary to prevent puncture of the 

fuel tank, in the event of a belly landing, 

which could result in a post-landing fire 

if fuel leaking from the tank makes 

contact with the sparks from the 

airplane sliding on the ground. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

March 8, 2004.

5774 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2003–NM–

51–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-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2003–NM–51–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. 

The service information referenced in 

the proposed rule may be obtained from 

Dassault Falcon Jet, PO 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: 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: 

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: 

• 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. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• 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 2003–NM–51–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

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. 

2003–NM–51–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified the FAA that an unsafe 

condition may exist on Dassault Model 

Mystere-Falcon 50, Mystere-Falcon 900, 

and Falcon 900EX series airplanes. The 

DGAC advises that the Stormscope 

antenna connector could puncture the 

fuel tank located above the antenna, in 

the event of a belly landing. This 

condition, if not corrected, could result 

in a post-landing fire if fuel leaking from 

the tank makes contact with the sparks 

from the airplane sliding on the ground. 

Explanation of Relevant Service 

Information 

Dassault has issued Service Bulletins 

F50–404, dated November 6, 2002 (for 

Model Mystere-Falcon 50 series 

airplanes); F900–293, dated November 

13, 2002 (for Model Mystere-Falcon 900 

series airplanes); and F900EX–158, 

dated November 13, 2002 (for Model 

Falcon 900EX series airplanes); which 

describe procedures for installing a 

shield plate over the tank structure 

above the Stormscope antenna and 

replacing the Stormscope antenna plug 

connector with a new connector. 

Accomplishment of the actions 

specified in the service bulletins is 

intended to adequately address the 

identified unsafe condition. The DGAC 

classified these service bulletins as 

mandatory and issued French 

airworthiness directive 2002–569(B), 

dated November 13, 2002, in order to 

assure the continued airworthiness of 

these airplanes in France. 

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 

Proposed 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, the proposed AD would require 

accomplishment of the actions specified 

in the service bulletins described 

previously, except as discussed below. 

Difference Between Proposed Rule and 

Referenced Service Bulletin 

Operators should note that, although 

the Accomplishment Instructions of the 

referenced service bulletins describe 

procedures for submitting a sheet 

recording compliance with the service 

bulletin, this proposed AD would not 

require that action. The FAA does not 

need this information from operators.

Cost Impact 

The FAA estimates that 394 Model 

Mystere-Falcon 50, Mystere-Falcon 900, 

and Falcon 900 EX series airplanes of 

U.S. registry would be affected by this 

proposed AD, that it would take 

approximately 8 work hours per 

airplane to accomplish the proposed 

actions, and that the average labor rate 

is $65 per work hour. Required parts are 

provided free of charge by the 

manufacturer. Based on these figures, 

the cost impact of the proposed AD on 

U.S. operators is estimated to be 

$204,880, or $520 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 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5775

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.

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding the following new airworthiness 

directive:

Dassault Aviation: Docket 2003–NM–51–AD.

Applicability: Model Mystere-Falcon 50 

series airplanes with a Stormscope antenna 

installed between frames 22 and 23 by 

Dassault modification M2208 or by a DFJ 

Little Rock modification, except on airplanes 

on which Dassault modification M2838 has 

been performed; and Model Mystere-Falcon 

900 and Falcon 900EX series airplanes with 

a Stormscope antenna installed between 

frames 23 and 24 by Dassault modification 

M2993 or by a DFJ Little Rock modification, 

except airplanes on which Dassault 

modification M3498 has been performed; 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent puncture of the fuel tank, in the 

event of a belly landing, which could result 

in a post-landing fire if fuel leaking from the 

tank makes contact with the sparks from the 

airplane sliding on the ground, accomplish 

the following: 

Install and Replace 

(a) Within 25 months after the effective 

date of this AD, install a shield plate over the 

tank structure above the Stormscope antenna, 

and replace the Stormscope antenna plug 

connector with a new connector, in 

accordance with the Accomplishment 

Instructions of the applicable service bulletin 

listed in Table 1 of this AD.

TABLE 1.—APPLICABLE SERVICE

BULLETINS

For model Dassault service

bulletin 

Mystere-Falcon 50 series airplanes.F50–404, dated November 6, 2002 

Mystere-Falcon 900 

series airplanes.

F900–293, dated November 13, 2002 

Falcon 900EX series 

airplanes.

F900EX–158, dated 

November 13, 

2002 

Reporting Difference 

(b) Although the service bulletins 

referenced in this AD specify to submit 

certain information to the manufacturer, this 

AD does not include such a requirement. 

Alternative Methods of Compliance 

(c) 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 2002–

569(B), dated November 13, 2002.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2473 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NM–260–AD] 

RIN 2120–AA64

Airworthiness Directives; BAE 

Systems (Operations) Limited 

(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to all 

BAE Systems (Operations) Limited 

(Jetstream) Model 4101 airplanes. This 

proposal would require revising the 

airplane flight manual to advise the 

flightcrew of special operating 

limitations associated with a reduction 

in airplane performance due to loss of 

propeller efficiency. This proposal also 

would require installing placards in the 

flight compartment and operating the 

airplane per certain special operating 

limitations; or performing repetitive 

flight checks to verify the adequacy of 

the airplane’s climb performance, and 

accomplishing follow-on actions if 

necessary. This action is necessary to 

ensure that the flightcrew accounts for 

the potential loss of airplane 

performance due to loss of propeller 

efficiency, which could result in an 

increased risk of collision with terrain. 

This action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

March 8, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2002–NM–

260–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-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2002–NM–260–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.