[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Proposed Rules]
[Pages 33-35]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32194]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-335-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Dassault Model Mystere-Falcon 50 
series airplanes, that would have required repetitive tests of double-
skin feeder tanks for fuel leaks, and corrective actions, if necessary. 
It also would have required modification of seals in the feeder tanks, 
which would have terminated the repetitive leak tests. That proposal 
was prompted by issuance of mandatory continuing airworthiness 
information by a foreign airworthiness authority. This new action 
revises the proposed rule by making the proposed requirements 
applicable to additional airplanes. The actions specified by this new 
proposed AD are intended to prevent fuel leaks from the feeder tanks, 
which could result in fuel vapors in the cabin that could come into 
contact with ignition sources. The actions are intended to address the 
identified unsafe condition.

DATES: Comments must be received by February 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-335-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-335-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments

[[Page 34]]

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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-335-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. 2000-NM-335-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD) applicable to 
certain Dassault Model Mystere-Falcon 50 series airplanes was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
July 25, 2001 (66 FR 38585). That NPRM would have required repetitive 
tests of double-skin feeder tanks for fuel leaks, and corrective 
actions, if necessary. It also would have required modification of 
seals in the feeder tanks, which would have terminated the repetitive 
leak tests. That NPRM was prompted by issuance of mandatory continuing 
airworthiness information by a foreign airworthiness authority. That 
condition, if not corrected, could result in fuel leaks from the feeder 
tanks, which could result in fuel vapors in the cabin that could come 
into contact with ignition sources.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, the FAA has received information 
that the defect of the seals on double-skin feeder tanks on frames 28, 
29, and 31, which was the subject of the NPRM, may exist on additional 
airplanes. Though the NPRM would have applied to Model Mystere-Falcon 
50 series airplanes with serial numbers 253 to 286 inclusive, 288, 290, 
and 291; airplanes with serial numbers 222 to 252 inclusive are also 
subject to the identified unsafe condition. Therefore, these airplanes 
also must be made subject to the repetitive tests of double-skin feeder 
tanks for fuel leaks, corrective actions, if necessary, and 
modification of seals in the feeder tanks, as proposed in the original 
NPRM.

Conclusion

    Since the change described previously expands the scope of the 
originally proposed rule, the FAA has determined that it is necessary 
to reopen the comment period to provide additional opportunity for 
public comment.

Comments Received in Response to the NPRM

    Due consideration has been given to the following comments, which 
were received in response to the NPRM.

Refer to New Service Information

    The commenter, the airplane manufacturer, requests that the FAA 
revise paragraphs (a) and (b) of the NPRM to refer to certain work 
cards of the Dassault Falcon 50 Maintenance Manual, Revision 7, dated 
August 2001. The NPRM refers to Temporary Revision No. 19 to the 
Dassault Falcon 50 Maintenance Manual, dated April 2000, as the 
appropriate source of service information for the actions in those 
paragraphs. The commenter states that it is preferable to refer to the 
work cards in Revision 7 of the maintenance manual, rather than to 
Temporary Revision No. 19, because the work cards more clearly identify 
the relevant material.
    We concur that the work cards in Revision 7 of the Dassault Falcon 
50 Maintenance Manual, as specified by the commenter, are a more 
definitive source of service information. We have revised paragraphs 
(a) and (b) of the supplemental NPRM accordingly.

Clarify Paragraph (c)

    The commenter also asks us to revise the wording of paragraph (c) 
of the NPRM to include the words ``double skin.'' We concur that this 
change will provide clarification and, accordingly, have revised 
paragraph (c) of this supplemental NPRM to specify that the action 
described in that paragraph consists of rework of the seals of the 
DOUBLE-SKIN feeder tanks at frames 28 and 31.

Cost Impact

    The FAA estimates that 46 airplanes of U.S. registry would be 
affected by this proposed AD.
    The FAA estimates that it would take approximately 8 work hours per 
airplane to accomplish the proposed leak tests, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the proposed leak tests on U.S. operators is estimated to be 
$22,080, or $480 per airplane, per test.
    The FAA estimates that it would take approximately 50 work hours 
per airplane to accomplish the proposed reworking of the seals in the 
feeder tanks, and that the average labor rate is $60 per work hour. The 
required parts would be provided at no charge to the operator. Based on 
these figures, the cost impact of the reworking of the seals on U.S. 
operators is estimated to be $138,000, or $3,000 per airplane.
    The cost impact figures discussed above are 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 proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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

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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 2000-NM-335-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes, 
certificated in any category, serial numbers 222 to 286 inclusive, 
288, 290, and 291.

    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 (d) 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 leaks from the feeder tanks, which could result 
in fuel vapors in the cabin that could come into contact with 
ignition sources, accomplish the following:

Leak Testing

    (a) Within 7 months after the effective date of this AD: Perform 
a feeder tank leak test by sampling at the drain ports of frames 29 
and 31, in accordance with Work Card No. 686.3/1 of the Dassault 
Falcon 50 Maintenance Manual, Revision 7, dated August 2001. Repeat 
the leak test at intervals not to exceed 13 months, until 
accomplishment of paragraph (c) of this AD.

Corrective Action

    (b) If the feeder tank leak test indicates that a leak is 
present: Prior to further flight, renew the seal, in accordance with 
Work Card No. 686.4/1 of the Dassault Falcon 50 Maintenance Manual, 
Revision 7, dated August 2001.

Modification

    (c) Within 78 months since the date of manufacture of the 
airplane: Rework the seals of the double-skin feeder tanks at frames 
28 and 31, in accordance with Dassault Service Bulletin F50-328, 
dated May 31, 2000. Accomplishment of the rework terminates the 
requirements of this AD.

Alternative Methods of Compliance

    (d) 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. 
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 Manager, International Branch, ANM-116.

Special Flight Permits

    (e) 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 2000-163-030(B), dated April 19, 2000.


    Issued in Renton, Washington, on December 26, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-32194 Filed 12-31-01; 8:45 am]
BILLING CODE 4910-13-U