AD 2002-23-19

Effective January 6, 2003.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 6, 2003.

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 Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

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.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 99-14-07, amendment 39-11218 (64 FR 36561, July 7, 1999), was published in the Federal Register on February 15, 2002 (67 FR 7093). The proposal is applicable to all Dassault Model Falcon 2000 series airplanes; whereas, AD 99-14-07 was applicable to all Dassault Model Falcon 2000 series airplanes, and certain Dassault Model Falcon 900EX and Mystere Falcon 900 series airplanes. The action proposed to supersede AD 99-14-07 to continue to require the following:

• Repetitive operational tests of the flap asymmetry detection system to verify proper functioning, and repair, if necessary;

• Repetitive replacement of the inboard flap jackscrews with new or reconditioned jackscrews; and

• Repetitive measurement of the screw/nut play of the outboard and center flap jackscrews to detect discrepancies, and corrective action, if necessary.

The action also proposed to remove Model 900EX and Mystere Falcon 900 series airplanes from the applicability of the existing AD. For Model Falcon 2000 series airplanes, the action also proposed to add certain repetitive measurements, delete certain repetitive measurements, and extend the interval for repetitive replacement of certain jackscrews.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.

One commenter requests adding “Amdt A” to the jackscrew part numbers (P/Ns) that are already specified by the proposed AD ( i.e., P/Ns 5318-1, 1-5319-1, and 2-5319-1). We concur with the commenter's request, noting that the designation of “Amdt A” simply indicates a reconditioned jackscrew that has been reidentified. As such, we have determined that this change further clarifies, but does not change, the requirements of this AD. In light of this, we have added P/Ns 5318-1 Amdt A, 1-5319-1 Amdt A, and 2-5319-1 Amdt A, as appropriate, for those P/Ns that have been reconditioned and reidentified. We have revised the applicable P/Ns in paragraphs (b) through (h) of the final rule accordingly.

The same commenter requests that the final rule reference only Chapter 5-40 of the Airplane Maintenance Manual (AMM) for the operational testing, inspections, and replacement action. The commenter adds that operators are managing the jackscrew life limits and inspections, and have planned the spares and maintenance inspections based on the actions required by AD 99-14-07. The commenter considers that the corrective action can be accomplished only per Chapter 5-40 of the AMM.

We do not concur with the commenter's request that only Chapter 5-40 of the AMM should be cited in the final rule as the appropriate source of service information for the actions required by the AD. In order to accomplish the requirements of the AD, it is necessary to cite all of the service information references that were included in the proposed AD, which include various AMMs and Temporary Revisions. No change to the final rule is necessary in this regard.

We have made the following additional changes to the final rule:

• In the Summary section of the final rule, we have clarified the requirements for the repetitive measurement action. The Summary section of the proposed AD specifies repetitive measurement of the screw/nut play of the “outboard and center flap” jackscrews. However, the repetitive measurement action in paragraph (f) of the proposed AD specifies the location of the jackscrew on the “outboard flaps,” and paragraph (g) of the proposed AD specifies the “inboard flap.” For this reason, we have revised the Summary of the final rule to specify measurement of the jackscrews on the “inboard and outboard flaps.” The exact location of the affected jackscrews is specified in paragraphs (f) through (h) of the final rule.

• Although paragraphs (c) and (e) of the proposed AD specify a reconditioned jackscrew having P/N 5318-1, we have revised those paragraphs in the final rule to clarify that the correct P/N of a reconditioned jackscrew is P/N 5318-1 Amdt A.

• Although paragraphs (c)(1) and (e)(1) and Note 2 of the proposed AD did not include the date of the referenced service bulletin, we have added the date (September 16, 1999) in those paragraphs in the final rule.

• In the proposed AD, paragraph (c)(2) specifies that the jackscrew is located on the inboard flap in the “inboard” position, and paragraph (e)(2) specifies the location of the jackscrew in the “outboard” position. However, because the jackscrew could be located in either the inboard or outboard position, we have determined that the requirements in those paragraphs are unnecessary and should be deleted. In light of this, we have revised the final rule and renumbered the subparagraphs accordingly.

• In paragraph (d) of the final rule, we have clarified the location of the middle jackscrew by specifying that the jackscrew is located on the inboard flap and in the outboard position. We have also clarified the location of the jackscrew in paragraph (e) of the final rule.

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.

This AD is considered to be interim action. The manufacturer has advised that it is currently developing a modification that will positively address the unsafe condition which is the subject of this AD. Once this modification is developed, approved, and available, the FAA may consider additional rulemaking.

There are approximately 45 airplanes of U.S. registry that will be affected by this AD.

The costs of performing actions required by AD 99-14-07 and retained in this AD for Falcon 2000 series airplanes are described below.

The repetitive operational test of the flap asymmetry detection system takes approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the repetitive operational test on U.S. operators is estimated to be $2,700, or $60 per airplane, per test cycle.

The measurement of the screw/nut play in the flap jackscrews takes approximately 8 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the measurement on U.S. operators is estimated to be $21,600, or $480 per airplane, per measurement cycle.

The repetitive replacement of jackscrews takes approximately 8 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. New jackscrews cost approximately $21,200 per airplane. However, the AD permits a one-time reconditioning and re-use of jackscrews, which could reduce the cost of parts by 50%. Based on these figures, the cost impact of replacement of jackscrews on U.S. operators is estimated to be between $498,600 and $975,600, or between $11,080 and $21,680 per airplane, per replacement cycle.

The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the 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 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.

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.

For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

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:

1. The authority citation for part 39 continues to read as follows: