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.

Proposed Rules Federal Register

42077

Vol. 62, No. 150

Tuesday, August 5, 1997

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).

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 Ge ́ne ́rale 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
42078 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Proposed Rules

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 AMDBA 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.

§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]

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