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
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 ofspare 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 theregulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):