[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Rules and Regulations]
[Pages 38287-38289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18771]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-230-AD; Amendment 39-10658; AD 98-15-07]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dassault Model Mystere-Falcon 50 series 
airplanes, that requires 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 amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent fatigue cracking in the subject area, which could result in 
reduced structural integrity of the airframe.

DATES: Effective August 20, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 20, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 50 series airplanes was published in the Federal Register on 
August 5, 1997 (62 FR 42077). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Revise Cost Impact Information

    One commenter requests that the FAA's estimate of the number of 
airplanes of U.S. registry affected by the proposed AD be revised from 
26 to 18 in the cost impact paragraph of the AD. The commenter states 
that only 18 airplanes of U.S. registry would be affected by the 
proposed AD because

[[Page 38288]]

Avions Marcel Dassault-Breguet Aviation (AMD-BA) Service Bulletin F50-
122 (F50-53-2), dated June 25, 1986, has already been accomplished for 
the remaining airplanes. Based on this additional information received 
since issuance of the proposed AD, the FAA concurs with the commenter's 
request, and has revised the cost impact information, below, to reflect 
this information.
    One commenter identifies a typographical error in the Explanation 
of Relevant Service Information section of the proposed AD. The date of 
AMD-BA Service Bulletin F50-163 (F50-00-8), dated April 10, 1986, was 
incorrectly specified as April 10, 1996. The FAA acknowledges that an 
inadvertent typographical error appeared in the proposed AD, and that 
the correct date of the service bulletin is April 10, 1986. However, 
since the Explanation of Relevant Service Information section of the 
preamble to the proposed AD is not restated in the final rule, no 
change to the final rule is necessary.

Explanation of Changes Made to This Final Rule

    In the proposal, the FAA inadvertently omitted the word `cycle' in 
references to the number of flight cycles specified for appropriate 
compliance times for accomplishment of the requirements of this AD. The 
final rule has been revised throughout paragraph (a) to specify 
``flight cycles'' for those compliance times.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 26 Dassault Model Mystere-Falcon 50 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 50 work hours per airplane to accomplish the 
required installation, and that the average labor rate is $60 per work 
hour. Required parts will cost approximately $7,000 per airplane. Based 
on these figures, the cost impact of the installation required by this 
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 requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. However, the FAA has been advised 
that the installation required by this AD has already been accomplished 
on 8 airplanes; therefore, only 18 airplanes of U.S. registry are 
affected. Therefore, the future economic cost impact of the 
installation required by this AD on U.S. operators is now only 
$180,000.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

98-15-07  Dassault Aviation: Amendment 39-10658. 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 
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 integrity 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 (F50-53-2), 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 (F50-
00-8) has been incorporated as of the effective date of this AD: 
Prior to the accumulation of 10,000 total flight cycles or within 6 
months after the effective date of this AD, whichever occurs later.
    (2) For airplanes on which AMD-BA Service Bulletin F50-163 (F50-
00-8) 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 flight cycles 
or within 6 months after the effective date of this AD, whichever 
occurs later.
    (ii) If incorporation of AMD-BA Service Bulletin F50-163 (F50-
00-8) is accomplished at or after the accumulation of 10,000 total 
flight cycles and prior to the accumulation of 14,000 total flight 
cycles: Perform the requirements of paragraph (a) of this AD 
concurrently with the incorporation of AMD-BA Service Bulletin F50-
163 (F50-00-8).
    (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

[[Page 38289]]

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.
    (d) The installation shall be done in accordance with Avions 
Marcel Dassault-Breguet Aviation (AMD-BA) Service Bulletin F50-122 
(F50-53-2), dated June 25, 1986. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 86-74-5(B), dated June 25, 1986.

    (e) This amendment becomes effective on August 20, 1998.

    Issued in Renton, Washington, on July 8, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-18771 Filed 7-15-98; 8:45 am]
BILLING CODE 4910-13-U