[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Proposed Rules]
[Pages 19427-19429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-25-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 200, Fan 
Jet Falcon, and Mystere-Falcon 20 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

[[Page 19428]]

directive (AD) that is applicable to all Dassault Model Mystere-Falcon 
200, Fan Jet Falcon, and Mystere-Falcon 20 series airplanes. This 
proposal would require repetitive inspections to detect cracks at the 
attaching holes of the wing-to-fuselage fairings and to ensure 
tightness of the attaching screws; and repair of any discrepancy. This 
proposal also would require installation of cupwashers under the 
vertical seams of the upper fairings. 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 loss of the wing-to-fuselage upper fairings 
during flight, which could result in the fairings impacting the engines 
or tail sections, and consequent reduced controllability of the 
airplane.

DATES: Comments must be received by May 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-25-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, 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-25-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-25-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 200, Fan Jet 
Falcon, and Mystere-Falcon 20 series airplanes. The DGAC advises that 
it has received reports of loss of wing-to-fuselage upper fairings. The 
loss of these fairings could be due to cracks and/or incorrectly 
tightened fasteners. These conditions, if not corrected, could result 
in the fairings impacting the engines or tail sections, and consequent 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dassault Aviation has issued Fan Jet Falcon Dassault Aviation 
Maintenance Manual Phase 34, dated June 1997, including Chapter 53-50-
0, dated May 1996 (for Model Fan Jet Falcon and Mystere-Falcon 20 
series airplanes), and Mystere-Falcon 200 Dassault Aviation Maintenance 
Manual, Revision 12, dated April 30, 1996, including Chapter 53, 
Procedure 731-3 (for Model Mystere-Falcon 200 series airplanes), which 
describe procedures for repetitive inspections to detect cracks at the 
attaching holes of the wing-to-fuselage fairings and to ensure 
tightness of the attaching screws; and repair of certain discrepancies. 
These documents also describe procedures for installation of cupwashers 
under the vertical seams of the upper fairings. The DGAC classified 
these documents as mandatory and issued French airworthiness directives 
96-092-021(B), dated April 24, 1996, and 96-246-022(B), dated November 
6, 1996, 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 
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 accomplishment of 
the actions specified in the service information described previously, 
except as noted below.

Differences Between Proposed Rule and Service Information

    Operators should note that, although the service information 
described previously does not specify appropriate procedures for 
disposition of certain repair conditions, this proposal would require 
the repair of those conditions to be accomplished in accordance with a 
method approved by the FAA.

Cost Impact

    The FAA estimates that 239 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, 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 
$28,680, or $120 per airplane, per inspection cycle.
    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.

[[Page 19429]]

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-25-AD.

    Applicability: All Model Mystere-Falcon 200, Fan Jet Falcon, and 
Mystere-Falcon 20 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 
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 loss of the wing-to-fuselage upper fairings during 
flight, which could result in the fairings impacting the engines or 
tail sections, and consequent reduced controllability of the 
airplane, accomplish the following:
    (a) Within 7 months or 330 flight hours after the effective date 
of this AD, whichever occurs first, accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD in accordance with Chapter 
53-50-0, dated May 1996, of Fan Jet Falcon Dassault Aviation 
Maintenance Manual Phase 34, dated June 1997, (for Model Fan Jet 
Falcon and Mystere-Falcon 20 series airplanes), or Chapter 53, 
Procedure 731-3 of Mystere-Falcon 200 Dassault Aviation Maintenance 
Manual, Revision 12, dated April 30, 1996 (for Model Mystere-Falcon 
200 series airplanes); as applicable.
    (1) Perform an inspection to detect cracks at the attaching 
holes of the wing-to-fuselage fairings and to ensure tightness of 
the screws. If any discrepancy is found, prior to further flight, 
repair. If a repair is not specified in the applicable maintenance 
manual, prior to further flight, repair in accordance with a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Thereafter, repeat the inspection at 
intervals not to exceed 6 months or 300 flight hours, whichever 
occurs first.
    (2) Install cupwashers under the vertical seams of the upper 
fairings.
    (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. 
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 directives 96-092-021(B), dated April 24, 1996, and 
96-246-022(B), dated November 6, 1996.

    Issued in Renton, Washington, on April 13, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-10278 Filed 4-17-98; 8:45 am]
BILLING CODE 4910-13-U