[Federal Register Volume 63, Number 199 (Thursday, October 15, 1998)]
[Proposed Rules]
[Pages 55348-55350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27598]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-221-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 20 Series 
Airplanes, Fan Jet Falcon Series Airplanes, and Fan Jet Falcon Series 
D, E, and F 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 
20 series airplanes, Fan Jet Falcon series airplanes, and Fan Jet 
Falcon Series D, E, and F series airplanes. This proposal would require 
revising the Airplane Flight Manual (AFM) to provide the flight crew 
with certain emergency procedures associated with an engine fire, or a 
rear compartment fire or overheat conditions. 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 fire from spreading throughout the 
airplane due to an engine fire, or with a rear compartment fire or 
overheat conditions.

DATES: Comments must be received by November 16, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-221-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.
    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,

[[Page 55349]]

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-221-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-221-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 20 series 
airplanes, Fan Jet Falcon series airplanes, and Fan Jet Falcon Series 
D, E, and F series airplanes. The DGAC advises that, during takeoff of 
a Fan Jet Falcon series airplane, an uncontained engine failure 
occurred when a bird was ingested into the engine. Fragments from the 
engine then penetrated the fuselage and two fuel feed tanks in the rear 
compartment, which ignited a fire that spread throughout the airplane. 
If the flight crew is unaware of the emergency procedures associated 
with an engine fire, or with a rear compartment fire or overheat 
conditions, a fire could spread throughout the airplane.

Explanation of Relevant Service Information

    Dassault Aviation has issued Mystere-Falcon 731 Falcon Retrofit 20 
Airplane Flight Manual DTM30528, Revision 10, dated January 20, 1998 
(for Model Mystere-Falcon 20 series airplanes), and Fan Jet Falcon 20 
Airplane Flight Manual DTM589/590/591/592, Revision 49, dated January 
20, 1998 (for Model Fan Jet Falcon series airplanes and Model Fan Jet 
Falcon Series D, E, and F series airplanes). These AFM revisions 
provide the flight crew with certain emergency procedures associated 
with an engine fire, or with a rear compartment fire or overheat 
conditions. Accomplishment of the actions specified in these AFM 
revisions is intended to adequately address the identified unsafe 
condition. The DGAC classified these AFM revisions as mandatory and 
issued French airworthiness directive 98-114-023(B), dated March 11, 
1998, in order to assure the continued airworthiness of these airplanes 
in France.

FAA's Conclusions

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
Sec. 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 revising the AFM to 
provide the flight crew with certain emergency procedures associated 
with an engine fire, or with a rear compartment fire or overheat 
conditions.

Cost Impact

    The FAA estimates that 197 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed AFM revision, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$11,820, or $60 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-221-AD.

    Applicability: All Model Mystere-Falcon 20 series airplanes, Fan 
Jet Falcon series airplanes, and Fan Jet Falcon Series D, E, and F 
series airplanes; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flight crew is aware of the emergency 
procedures associated with an engine fire, or with a rear 
compartment fire or overheat conditions, and to prevent fire from 
spreading throughout the airplane, accomplish the following:
    (a) Within 7 days after the effective date of this AD, revise 
the Limitations Section and Emergency Procedures Section of the FAA-
approved Airplane Flight Manual (AFM) by accomplishing the action 
specified in either paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For Model Mystere-Falcon 20 series airplanes: Insert a copy 
of Dassault 731 Falcon Retrofit 20 Airplane Flight Manual DTM30528, 
Revision 10, dated January 20, 1998, into the AFM.
    (2) For Model Fan Jet Falcon series airplanes and Model Fan Jet 
Falcon Series D,

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E, and F series airplanes: Insert a copy of the Dassault Fan Jet 
Falcon Airplane Flight Manual DTM589/590/591/592, Revision 49, dated 
January 20, 1998, into the AFM.
    (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 Operations Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 1: 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 
Secs. 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 2: The subject of this AD is addressed in French 
airworthiness directive 98-114-023(B), dated March 11, 1998.

    Issued in Renton, Washington, on October 5, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-27598 Filed 10-14-98; 8:45 am]
BILLING CODE 4910-13-U