[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 3-5]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32036]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-227-AD; Amendment 39-9114; AD 95-01-03]


Airworthiness Directives; Dassault Aviation Model Mystere-Falcon 
50 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Dassault Aviation Model Mystere-Falcon 50 
series airplanes. This action requires measurement of the clearance 
between the electrical bundles in the left-hand cabinet of the 
electrical panel and the counterbalancing actuator of the passenger 
door, and rerouting and clamping the wire bundles, if necessary. This 
amendment is prompted by a report of damage of the wire bundles between 
the actuator of the passenger door and the left-hand cabinet of the 
electrical panel. The actions specified in this AD are intended to 
prevent an electrical fire due to damage of the electrical wire 
bundles.

DATES: Effective on January 18, 1995.

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 18, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before March 6, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-227-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.

    [[Page 4]] The service information referenced in this AD may be 
obtained from Falcon Jet Corporation, P.O. Box 967, Little Rock, 
Arkansas 72203-0967. This information may be examined 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.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on certain Dassault 
Aviation Model Mystere-Falcon 50 series airplanes. The DGAC advises 
that it has received a report of damage of the wire bundles between the 
actuator of the passenger door and the left-hand cabinet of the 
electrical panel. Investigation revealed that the cause of this damage 
may be attributed to insufficient clearance between the left-hand 
cabinet and the counterbalancing actuator of the passenger door. This 
condition, if not corrected, could result in the potential for an 
electrical fire due to damage of the electrical wire bundles.

    Dassault Aviation has issued Alert Service Bulletin F50-A243 (F50-
A39-1), Revision 1, dated November 10, 1994, which describes procedures 
for measuring the clearance between the electrical bundles in the left-
hand cabinet and the counterbalancing actuator of the passenger door, 
and rerouting and clamping the wire bundles if the clearance is outside 
the limits specified in the alert service bulletin. The French DGAC 
classified this alert service bulletin as mandatory and issued French 
airworthiness directive 94-238-015(B), dated November 9, 1994, in order 
to assure the continued airworthiness of these airplanes in France.
    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 French DGAC has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the French 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.
    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, this AD is being issued to prevent an electrical 
fire due to damage of the electrical wire bundles. This AD requires 
measurement of the clearance between the electrical bundles in the 
left-hand cabinet and the counterbalancing actuator of the passenger 
door, and rerouting and clamping of the wire bundles, if necessary. The 
actions are required to be accomplished in accordance with the alert 
service bulletin described previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this rule to clarify this requirement.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-227-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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 
[[Page 5]] 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-01-03 Dassault Aviation: Amendment 39-9114. Docket 94-NM-227-AD.

    Applicability: Model Mystere-Falcon 50 series airplanes having 
serial numbers 2 through 232 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 use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an electrical fire due to damage of the electrical 
wire bundles, accomplish the following:
    (a) Within 20 days after the effective date of this AD, measure 
the clearance between the electrical bundles in the left-hand 
cabinet and the counterbalancing actuator of the passenger door, in 
accordance with Dassault Aviation Alert Service Bulletin F50-A243 
(F50-A39-1), Revision 1, dated November 10, 1994.
    (1) If the clearances are within the limits specified in the 
alert service bulletin, no further action is required by this AD.
    (2) If the clearances are outside the limits specified in the 
alert service bulletin, prior to further flight, reroute and clamp 
the wire bundles in accordance with the alert service bulletin.
    (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.
    (d) The measuring, rerouting, and clamping shall be done in 
accordance with Dassault Aviation Alert Service Bulletin F50-A243 
(F50-A39-1), Revision 1, dated November 10, 1994. 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 Falcon Jet Corporation, P.O. Box 967, Little Rock, 
Arkansas 72203-0967. 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.
    (e) This amendment becomes effective on January 18, 1995.

    Issued in Renton, Washington, on December 22, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-32036 Filed 12-30-94; 8:45 am]
BILLING CODE 4910-13-U