Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules 63041

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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 (CN) 96–

135–199(B), dated July 17, 1996.

Issued in Renton, Washington, on

November 19, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31022 Filed 11–25–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–189–AD]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Mystere Falcon 200 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 all

Dassault Model Mystere Falcon 200

series airplanes. This proposal would

require reducing the life limit of the

polyurethane foam used in the fuselage

fuel tanks. 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 ensure replacement of

the polyurethane foam in the fuselage

fuel tanks when it has reached its

maximum life limit; polyurethane foam

that is not replaced in a timely manner

could result in fuel contamination or

increased risk of explosion in the

fuselage fuel tank.

DATES: Comments must be received by

December 26, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

189–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, 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:

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,

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 97–NM–189–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.

97–NM–189–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 all Dassault

Model Mystere Falcon 200 series

airplanes. The DGAC advises that

studies of aging airplanes conducted by

Dassault have shown that, after 8 years,

the characteristics of the polyurethane

foam material used in the fuselage fuel

tanks are no longer acceptable. The

airplane maintenance manual originally

called for replacement of the

polyurethane foam within 10 years.

However, based on the Dassault study,

the life limit of the foam should be

reduced to 8 years. If not replaced in a

timely manner, the polyurethane foam

could degrade and result in fuel

contamination or increased risk of

explosion in the fuselage fuel tank.

Explanation of Related French

Airworthiness Directive

The DGAC issued French

airworthiness directive (CN) 96–078–

021(B), dated April 10, 1996, in order to

assure the continued airworthiness of

these airplanes in France. The French

airworthiness directive requires

replacement of the polyurethane foam of

the fuselage tanks at intervals not to

exceed 8 years.

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

reducing the life limit of the

polyurethane foam used in the fuselage

fuel tanks. The action would be required

to be accomplished in accordance with

procedures specified in the airplane

maintenance manual.

Cost Impact

The FAA estimates that 20 Dassault

Model Mystere Falcon 200 series

airplanes of U.S. registry would be
63042 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

affected by this proposed AD, that it

would take approximately 8 work hours

per airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $4,000 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $89,600, or

$4,480 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 97–NM–189–AD.

Applicability: All Model Mystere Falcon

200 series airplanes, 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 fuel contamination or increased

risk of explosion in the fuselage fuel tank as

a result of degradation of the polyurethane

foam used in the fuselage fuel tanks,

accomplish the following:

(a) Replace the polyurethane foam in the

fuselage fuel tanks with new foam, in

accordance with procedures specified in

Chapter 5 of the Dassault Falcon 200

Maintenance Manual, at the later of the times

specified in paragraph (a)(1) or (a)(2) of this

AD. Thereafter, replace the foam with new

foam at intervals not to exceed 8 years.

(1) Within 8 years after the last

replacement of the foam; or

(2) Within 7 months or 350 flight hours

after the effective date of this AD, whichever

occurs first.

(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 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 International Branch,

ANM–116.

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive (CN) 96–

078–021(B), dated April 10, 1996.

Issued in Renton, Washington, on

November 19, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31024 Filed 11–25–97; 8:45 am]

BILLING CODE 4010–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–200–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace BAe Model ATP 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 British Aerospace BAe Model

ATP airplanes. This proposal would

require repetitive inspections to detect

uneven wear of the heat pack of the

main landing gear (MLG) brake unit;

measurement and setting of the wear

remaining length (WRL) of the wear

indicator pin (WIP); and replacement of

the brake heat pack unit with a

serviceable unit, if necessary. 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 detect uneven wear of the

brake heat pack unit and prevent failure

of the pressure stator of the MLG brake

unit, which could result in reduced

braking efficiency and consequent

longer stopping distances upon landing.

DATES: Comments must be received by

December 26, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

200–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

AI(R) American Support, Inc., 13850

McLearen Road, Herndon, Virginia

20171. This information may be

examined at the FAA, Transport