[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Proposed Rules]
[Pages 63041-63042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31024]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-189-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere Falcon 200
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all Dassault Model Mystere Falcon
200 series airplanes. This proposal would require reducing the life
limit of the polyurethane foam used in the fuselage fuel tanks. This
proposal is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by the proposed AD are intended to ensure replacement of the
polyurethane foam in the fuselage fuel tanks when it has reached its
maximum life limit; polyurethane foam that is not replaced in a timely
manner could result in fuel contamination or increased risk of
explosion in the fuselage fuel tank.
DATES: Comments must be received by December 26, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-189-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Dassault Falcon Jet, Teterboro Airport, 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.
FOR FURTHER INFORMATION CONTACT: International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 227-2110; 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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-189-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-103, Attention: Rules
Docket No. 97-NM-189-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on all Dassault Model Mystere Falcon 200 series
airplanes. The DGAC advises that studies of aging airplanes conducted
by Dassault have shown that, after 8 years, the characteristics of the
polyurethane foam material used in the fuselage fuel tanks are no
longer acceptable. The airplane maintenance manual originally called
for replacement of the polyurethane foam within 10 years. However,
based on the Dassault study, the life limit of the foam should be
reduced to 8 years. If not replaced in a timely manner, the
polyurethane foam could degrade and result in fuel contamination or
increased risk of explosion in the fuselage fuel tank.
Explanation of Related French Airworthiness Directive
The DGAC issued French airworthiness directive (CN) 96-078-021(B),
dated April 10, 1996, in order to assure the continued airworthiness of
these airplanes in France. The French airworthiness directive requires
replacement of the polyurethane foam of the fuselage tanks at intervals
not to exceed 8 years.
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 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 reducing the life
limit of the polyurethane foam used in the fuselage fuel tanks. The
action would be required to be accomplished in accordance with
procedures specified in the airplane maintenance manual.
Cost Impact
The FAA estimates that 20 Dassault Model Mystere Falcon 200 series
airplanes of U.S. registry would be
[[Page 63042]]
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 $60 per work hour. Required parts would cost
approximately $4,000 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $89,600,
or $4,480 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.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Dassault Aviation: Docket 97-NM-189-AD.
Applicability: All Model Mystere Falcon 200 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
otherwise 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 (b) 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 fuel contamination or increased risk of explosion in
the fuselage fuel tank as a result of degradation of the
polyurethane foam used in the fuselage fuel tanks, accomplish the
following:
(a) Replace the polyurethane foam in the fuselage fuel tanks
with new foam, in accordance with procedures specified in Chapter 5
of the Dassault Falcon 200 Maintenance Manual, at the later of the
times specified in paragraph (a)(1) or (a)(2) of this AD.
Thereafter, replace the foam with new foam at intervals not to
exceed 8 years.
(1) Within 8 years after the last replacement of the foam; or
(2) Within 7 months or 350 flight hours after the effective date
of this AD, whichever occurs first.
(b) 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.
(c) 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.
Note 3: The subject of this AD is addressed in French
airworthiness directive (CN) 96-078-021(B), dated April 10, 1996.
Issued in Renton, Washington, on November 19, 1997.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-31024 Filed 11-25-97; 8:45 am]
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