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[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Proposed Rules]
[Pages 42077-42078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20539]

      
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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / 
Proposed Rules

[[Page 42077]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-230-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Mystere-Falcon 50 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 Mystere-
Falcon 50 series airplanes. This proposal would require installation of 
a reinforcement fitting at the junction of the baggage floor and frame 
35 on both the left and right-hand sides of the airplane. This proposal 
is prompted by a report that, during fatigue testing, fatigue cracking 
was found in the subject areas due to insufficient reinforcement. The 
actions specified by the proposed AD are intended to prevent such 
fatigue cracking, which could result in reduced structural integrity of 
the airframe.

DATES: Comments must be received by September 15, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-230-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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: Tom Groves, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 96-NM-230-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-103, Attention: Rules 
Docket No. 96-NM-230-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 Mystere-Falcon 50 series 
airplanes. The DGAC advises that, during routine fatigue testing on a 
Model Mystere-Falcon test article, a fatigue crack was found at the 
junction of the baggage floor and frame 35. The cause of this condition 
has been attributed to insufficient reinforcement of the affected area. 
Such fatigue cracking, if not detected and corrected in a timely 
manner, could result in reduced structural integrity of the airframe.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin AMD-BA F50-122, dated June 25, 
1986, which describes procedures for installing a reinforcement fitting 
at the junction of the baggage floor and frame 35 on both the left and 
right-hand sides of the airplane. The DGAC classified this service 
bulletin as mandatory and issued French airworthiness directive 86-74-
5(B), dated June 25, 1986, in order to assure the continued 
airworthiness of these airplanes in France.
    Additionally, Dassault has issued Service Bulletin AMD-BA F50-163, 
dated April 10, 1996, which describes procedures for extending the 
normal maximum operating altitude of 45,000 feet to 49,000 feet. 
Dassault has issued this service bulletin as an optional incorporation, 
and the DGAC has not classified this service bulletin as mandatory.

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

[[Page 42078]]

type design registered in the United States, the proposed AD would 
require installation of a reinforcement fitting at the junction of the 
baggage floor and frame 35 on both the left and right-hand sides of the 
airplane. The actions would be required to be accomplished in 
accordance with Dassault Service Bulletin AMD-BA F50-122, as described 
previously.
    For airplanes that have accumulated 10,000 or more total landings 
and on which Dassault Service Bulletin AMD-BA F50-163 (which is 
optional) is accomplished after the effective date of this proposed AD, 
this proposed AD would require that the installation of a reinforcement 
fitting in accordance with Dassault Service Bulletin AMD-BA F50-122 be 
accomplished concurrently with the procedures specified in Dassault 
Service Bulletin AMD-BA F50-163. Since airplanes that have accomplished 
service bulletin AMD-BA F50-163 are permitted to fly at higher 
altitudes than unmodified airplanes, the FAA finds that the risk of 
developing fatigue cracking in the fuselage pressure vessel increases. 
Installation of a reinforcement fitting (as required by this proposed 
AD), in conjunction with the accomplishment of the procedures specified 
in Dassault Service Bulletin AMD-BA F50-163, will prevent fatigue 
cracking in the area of the junction of the baggage floor and frame 35, 
which could result in reduced structural integrity of the airframe.

Cost Impact

    The FAA estimates that 26 Dassault Model Mystere-Falcon 50 series 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 50 work hours per airplane to accomplish 
the proposed installation, and that the average labor rate is $60 per 
work hour. Required parts would cost approximately $7,000 per airplane. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $260,000, or $10,000 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 96-NM-230-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes, serial 
numbers 1 through 49 inclusive, 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 fatigue cracking at the junction of the baggage floor 
and frame 35, which could result in reduced structural failure of 
the airframe, accomplish the following:
    (a) Install a reinforcement fitting at the junction of the 
baggage floor and frame 35 on both the left-and right-hand sides of 
the airplane, in accordance with Avions Marcel Dassault-Breguet 
Aviation (AMD-BA) Service Bulletin F50-122, dated June 25, 1986, at 
the time specified in paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For airplanes on which AMD-BA Service Bulletin F50-163 has 
been incorporated as of the effective date of this AD: Prior to the 
accumulation of 10,000 total flights or 6 months after the effective 
date of this AD, whichever occurs later.
    (2) For airplanes on which AMD-BA Service Bulletin F50-163 has 
not been incorporated as of the effective date of this AD: Perform 
the requirements of paragraph (a) of this AD at the time specified 
in either paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as 
applicable.
    (i) Except for those airplanes identified in paragraph 
(a)(2)(ii), prior to the accumulation of 14,000 total flights or 6 
months after the effective date of this AD, whichever occurs later.
    (ii) If incorporation of AMD-BA Service Bulletin F50-163 is 
accomplished at or after the accumulation of 10,000 total flights 
and prior to the accumulation of 14,000 total flights: Perform the 
requirements of paragraph (a) of this AD concurrently with the 
incorporation of AMD-BA Service Bulletin F50-163.
    (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, Standardization Branch, ANM-113, 
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, 
Standardization Branch, ANM-113.
    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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. Issued in Renton, 
Washington, on July 30, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-20539 Filed 8-4-97; 8:45 am]
BILLING CODE 4910-13-P
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