[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Proposed Rules]
[Pages 45417-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22817]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-184-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 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 Model Falcon 2000 
series airplanes. This proposal would require modification of the front 
galley and rear lavatory water heaters. 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 failure of the water heater control thermostat 
and the associated electrical relay, which could lead to overheating of 
the water and damage to the adjacent wiring, and consequent smoke and 
fumes in the passenger cabin and possible injury to the flight crew and 
passengers.

DATES: Comments must be received by September 25, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-184-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, 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: 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:

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.

[[Page 45418]]

    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 98-NM-184-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. 98-NM-184-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 Model Falcon 2000 series 
airplanes. The DGAC advises that it has received reports of overheating 
on certain BFGoodrich water heaters, part number (P/N) 8921082G2 
(Dassault Aviation Falcon Jet water heaters P/N 770224-501). 
Investigation revealed that the water heater control thermostat and the 
associated power shut-off relay of the associated heater resistor 
failed, which resulted in overheating of the water and damage to the 
adjacent wiring. Such failure, if not corrected, could result in smoke 
and fumes in the passenger cabin and possible injury to passengers and 
the flight crew.

Explanation of Relevant Service Information

    Dassault Aviation has issued Service Bulletin F2000-115 (F2000-38-
4), dated December 17, 1997, which describes procedures for 
modification of the water heaters for the front galley and rear 
lavatory. The modification includes removal of the thermostat and 
installation of an improved interchangeable overheat safety thermostat, 
which provides an additional means to directly shut off power to the 
water heater resistor in the event that the thermostat and associated 
relay fail.
    The Dassault service bulletin references BFGoodrich Service 
Bulletin SB8921082G2-38-2, dated February 10, 1998, as an additional 
source of service information to accomplish the modification of the 
water heaters. Accomplishment of the actions specified in the service 
bulletins is intended to adequately address the identified unsafe 
condition.
    The DGAC classified the Dassault service bulletin as mandatory and 
issued French airworthiness directive 97-185-003(B)R1, dated November 
19, 1997, 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 in the Dassault service bulletin described 
previously.

Cost Impact

    The FAA estimates that 23 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed modification, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $240 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $8,280, 
or $360 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 98-NM-184-AD.

    Applicability: Model Falcon 2000 series airplanes equipped with 
BFGoodrich water heaters, part number (P/N) 8921082G2, or Dassault 
Aviation Falcon Jet P/N 770224-501; 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

[[Page 45419]]

alternative method of compliance in accordance with paragraph (c) 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 failure of the water heater control thermostat and 
the associated electrical relay, which could lead to overheating of 
the water and damage to the adjacent wiring, and consequent smoke 
and fumes in the passenger cabin and possible injury to the flight 
crew and passengers, accomplish the following:
    (a) Within 7 months or 330 flight hours after the effective date 
of this AD, whichever occurs first, modify the water heaters for the 
front galley and rear lavatory, in accordance with the 
Accomplishment Instructions of Dassault Aviation Service Bulletin 
F2000-115 (F2000-38-4), dated December 17, 1997.

    Note 2: The Dassault service bulletin references BFGoodrich 
Service Bulletin SB8921082G2-38-2, dated February 10, 1998, as an 
additional source of service information for accomplishment of the 
modification.

    (b) As of the effective date of this AD, no person shall install 
on any airplane a BFGoodrich water heater having P/N 8921082G2 or a 
Dassault Aviation Falcon Jet water heater having P/N 770224-501.
    (c) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (d) 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 4: The subject of this AD is addressed in French 
airworthiness directive 97-185-003(B)R1, dated November 19, 1997.

    Issued in Renton, Washington, on August 19, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-22817 Filed 8-25-98; 8:45 am]
BILLING CODE 4910-13-P