[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60773-60775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29789]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-275-AD; Amendment 39-10202; AD 97-21-16]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 97-21-16 that was sent previously 
to all known U.S. owners and operators of Dassault Model Mystere-Falcon 
series airplanes by individual notices. This AD requires a revision to 
the Limitations section of the FAA-approved Airplane Flight Manual 
(AFM) to include procedures to use certain values to correctly gauge 
the minimum allowable N1 speed of the operative engines during 
operation in icing conditions. This action is prompted by a report 
indicating that erroneous minimum anti-icing N1 thrust setting 
indications were displayed on the Engine Indication Electronic Display 
(EIED). The actions specified by this AD are intended to prevent 
flightcrew use of erroneous N1 thrust setting information displayed on 
the EIED, which could result in in-flight shutdown of engine(s).


[[Page 60774]]


DATES: Effective November 18, 1997, to all persons except those persons 
to whom it was made immediately effective by emergency AD 97-21-16, 
issued October 14, 1997, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before December 15, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-275-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.

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: On October 14, 1997, the FAA issued 
emergency AD 97-21-16, which is applicable to Dassault Model Mystere-
Falcon 50 series airplanes. That action was prompted by a report 
indicating that erroneous minimum anti-icing N1 thrust setting 
indications were displayed on the Engine Indication Electronic Display 
(EIED). The erroneous minimum N1 indications do not correspond with 
minimums specified in the Normal Procedures Section of the FAA-approved 
Airplane Flight Manual (AFM) for operations in icing conditions. This 
condition, if not corrected, could result in flightcrew use of 
erroneous N1 thrust setting information displayed on the EIED and 
consequent in-flight shutdown of engine(s).

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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 97-21-16 to prevent flightcrew use 
of erroneous N1 thrust setting information displayed on the EIED, which 
could result in in-flight shutdown of engine(s). The AD requires 
revision of the Limitations Section of the AFM to include procedures to 
use values indicated in Normal Section 4, Sub-section 140, Page 2, of 
the AFM to correctly gauge the minimum allowable N1 speed of the 
operative engines during operation in icing conditions.

Interim Action

    This AD is considered to be interim action until final action is 
identified, at which time the FAA may consider additional rulemaking.

Publication and Effectivity of AD

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on October 14, 1997, to all known U.S. owners and operators of 
Dassault Model Mystere-Falcon series airplanes. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective as to all persons.

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 97-NM-275-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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, 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.

[[Page 60775]]

Sec. 39.13  [Amended]

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

97-21-16  Dassault Aviation: Amendment 39-10202. Docket 97-NM-275-
AD.

    Applicability: Model Mystere-Falcon 50 series airplanes, serial 
numbers 251, 253, and subsequent, equipped with Allied-Signal TFE-
731-40 engines; 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 in-flight shutdown of the engine(s) due to the 
flightcrew using erroneous N1 speed values displayed on the Engine 
Indication Electronic Display (EIED), accomplish the following:
    (a) Within 1 day after the effective date of this AD, revise the 
Limitations Section of the FAA-approved Airplane Flight Manual (AFM) 
to add the following. This may be accomplished by inserting a copy 
of this AD in the AFM.
    ``Operation in Icing Conditions: The N1 speed of the operating 
engines must not be less than the minimum values specified in Normal 
Section 4, Sub-section 140, Page 2, of the AFM.''
    (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, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Operations 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 
telegraphic airworthiness directive No. T 97-310-019 (B), dated 
October 10, 1997.

    (d) This amendment becomes effective on November 18, 1997, to 
all persons except those persons to whom it was made immediately 
effective by emergency AD 97-21-16, issued October 14, 1997, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on November 5, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-29789 Filed 11-12-97; 8:45 am]
BILLING CODE 4910-13-P