[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Rules and Regulations]
[Pages 4161-4162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1971]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-189-AD; Amendment 39-10293; AD 98-03-01]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere Falcon 200 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Dassault Model Mystere Falcon 200 series airplanes, 
that requires reducing the life limit of the polyurethane foam used in 
the fuselage fuel tanks. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this 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

[[Page 4162]]

increased risk of explosion in the fuselage fuel tank.

EFFECTIVE DATE: March 4, 1998.

ADDRESSES: Information pertaining to this rulemaking action 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.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Dassault Model Mystere Falcon 
200 series airplanes was published in the Federal Register on November 
26, 1997 (62 FR 63041). That action proposed to require reducing the 
life limit of the polyurethane foam used in the fuselage fuel tanks.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 20 Model Mystere Falcon 200 series airplanes 
of U.S. registry will be affected by this AD, that it will take 
approximately 8 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $4,000 per airplane. Based on these 
figures, the cost impact of the 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 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 adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

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:

98-03-01 Dassault Aviation: Amendment 39-10293 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 
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.

    (d) This amendment becomes effective on March 4, 1998.

    Issued in Renton, Washington, on January 21, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-1971 Filed 1-27-98; 8:45 am]
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