[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Proposed Rules]
[Pages 171-172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-193-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere Falcon 900 
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 certain Dassault Aviation Model 
Mystere Falcon 900 series airplanes. This proposal would require 
replacement of the water heater control relays with improved relays 
having high-power contactors; the addition of a testing and monitoring 
circuit for each contactor; and installation of improved electrical 
bonding of the potable water tank. 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 prevent overheating of the water heaters for the galley 
or the washbasin, which could result in damage to the water heater and 
nearby electrical wiring, and consequent smoke in the cabin.

DATES: Comments must be received by February 4, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-193-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 Corporation, 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-193-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. 97-NM-193-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 certain Dassault Aviation Model Mystere Falcon 
900 series airplanes. The DGAC advises that three occurrences have been 
reported in which the ground crew detected a burning smell coming from 
the washbasin in the rear toilet. The water heater was found to be very 
hot and the electrical wires beside the water heater were smoldering. 
Investigation revealed that the power contacts of the control relay to 
the water heater for the galley or the washbasin can remain closed, 
which can allow the water to overheat. This condition, if not 
corrected, could result in damage to the water heater and nearby 
electrical wiring, and consequent smoke in the cabin.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F900-181 (F900-38-12), dated 
December 4, 1996, which describes procedures for replacement of the 
water heater control relays with improved relays having high-power 
contactors; the addition of a testing and monitoring circuit for each 
contactor; and installation of improved electrical bonding of the 
potable water tank.
    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 96-279-018(B), dated December 4, 1996, 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 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

[[Page 172]]

in the service bulletin described previously.

Cost Impact

    The FAA estimates that 1 airplane of U.S. registry would be 
affected by this proposed AD, that it would take approximately 24 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 $6,300 per airplane. Based on these figures, the cost 
impact of the proposed AD on the single U.S. operator is estimated to 
be $7,740.
    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-193-AD

    Applicability: Model Mystere Falcon 900 airplanes; equipped with 
l'HOTELLIER water system gauges having part number (P/N) 5250, 5251, 
5250-1 or 5251-1; 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 overheating of the water heaters for the galley or 
the washbasin, which could result in damage to the water heater and 
nearby electrical wiring, and consequent smoke in the cabin, 
accomplish the following:
    (a) Within 7 months or 330 flight hours after the effective date 
of this AD, whichever occurs first: Replace the water heater control 
relays with improved relays; add a testing and monitoring circuit 
for each contactor; and install improved electrical bonding of the 
potable water tank; in accordance with Dassault Service Bulletin 
F900-181 (F900-38-12), dated December 4, 1996.
    (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 96-279-018(B), dated December 4, 1996.

    Issued in Renton, Washington, on December 29, 1997.
Darrell M. Pederson,
Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-117 Filed 1-2-98; 8:45 am]
BILLING CODE 4910-13-U