[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34085-34087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15938]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-191-AD; Amendment 39-12291; AD 2001-13-11]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 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 10 series airplanes. This 
action requires an inspection to verify proper installation of the pins 
in the dual non-return valves of the fire extinguishing system for the 
engines, and replacement of any defective valve with a new valve. This 
action is necessary to prevent failure of a fire extinguisher bottle to 
discharge, which could result in the inability to extinguish a fire in 
an engine. This action is intended to address the identified unsafe 
condition.

DATES: Effective July 12, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 12, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before July 27, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-191-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: 
<a href="/cdn-cgi/l/email-protection#4f76622e212262262e3d2c2022222a213b0f292e2e61282039"><span class="__cf_email__" data-cfemail="447d69252a29692d2536272b2929212a30042225256a232b32">[email protected]</span></a>. Comments sent via the Internet must contain 
``Docket No. 2001-NM-191-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 for 
Windows 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: 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 10 series airplanes. The DGAC advises that, during routine 
maintenance, when removing a fire extinguishing bottle that had 
accidentally discharged, it was

[[Page 34086]]

found that the charge from the bottle had been trapped in the discharge 
line. Investigation revealed that a pin had not been correctly 
installed in the non-return valve during manufacture. The pin is 
normally located across the valve body to prevent the shuttle-ball from 
blocking the outlet to the engine. If the pin is located too close to 
the edge of the valve body, the shuttle-ball may block the discharge 
outlet and prevent the charge from releasing into the engine during an 
engine fire. Such conditions, if not corrected, could result in the 
inability to extinguish a fire in an engine.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F10-A291, dated June 1, 2001, 
which describes procedures for an inspection to verify proper 
installation of the pins in the dual non-return valves of the fire 
extinguishing system for the engines, and replacement of any defective 
valve with a new valve. A defective valve is described as any valve 
with a pin found outside the identified tolerance range. Accomplishment 
of the actions 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 airworthiness 
directive T2001-219-025(B), dated June 1, 2001, in order to assure 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 prevent failure of a 
fire extinguisher bottle to discharge, which could result in the 
inability to extinguish a fire in an engine. This AD requires an 
inspection to verify proper installation of the pins in the dual non-
return valves of the fire extinguishing system for the engines, and 
replacement of any defective valve with a new valve. The actions are 
required to be accomplished in accordance with the service bulletin 
described previously.

Difference Between This AD, Service Bulletin, and Foreign 
Airworthiness Directive

    This AD differs from the service bulletin and the parallel French 
airworthiness directive in that it requires accomplishment of the 
inspection within 10 days after the effective date of this AD. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the DGAC's recommendation, but the degree of 
urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection (one hour). In light of all of these factors, 
the FAA finds a 10-day compliance time for completing the required 
actions to be warranted, in that it represents an appropriate interval 
of time allowable for affected airplanes to continue to operate without 
compromising safety.

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:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> 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 2001-NM-191-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.

[[Page 34087]]

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:

2001-13-11  Dassault Aviation [Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)]: Amendment 39-12291. Docket 2001-NM-191-
AD.

    Applicability: All Model Falcon 10 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 (c) 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 prevent failure of a fire extinguisher bottle to discharge, 
which could result in the inability to extinguish a fire in an 
engine, accomplish the following:

Inspection/Replacement

    (a) Within 10 days after the effective date of this AD: Do an 
inspection to verify proper installation of the pins in the dual 
non-return valves of the fire extinguishing system for the engines, 
per the Accomplishment Instructions of Dassault Service Bulletin 
F10-A291, dated June 1, 2001. Before further flight, replace any 
defective valve (pin outside the identified tolerance range) with a 
new valve per the service bulletin.

Spares

    (b) As of the effective date of this AD, no person shall install 
a dual non-return valve, part number 39299500, on any airplane, 
unless it has been inspected per paragraph (a) of this AD; the pin 
is within the specified tolerance range; and the valve is marked 
with a ``C,'' per Figure 1 of the Accomplishment Instructions of 
Dassault Service Bulletin F10-A291, dated June 1, 2001.

Alternative Methods of Compliance

    (c) 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, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: 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

    (d) 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.

Incorporation by Reference

    (e) The inspection and replacement shall be done in accordance 
with Dassault Service Bulletin F10-A291, dated June 1, 2001. 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 3: The subject of this AD is addressed in French 
airworthiness directive T2001-219-025(B), dated June 1, 2001.

Effective Date

    (f) This amendment becomes effective on July 12, 2001.

    Issued in Renton, Washington, on June 19, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-15938 Filed 6-26-01; 8:45 am]
BILLING CODE 4910-13-P


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