[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Proposed Rules]
[Pages 23552-23554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10962]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 84 / Monday, May 3, 1999 / Proposed 
Rules  

[[Page 23552]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-63-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model 2000, 900EX, and Mystere 
Falcon 900 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 
directive (AD) that is applicable to all Dassault Model Falcon 2000 
series airplanes; and certain Dassault Model 900EX, and Mystere Falcon 
900 series airplanes. This proposal would require repetitive 
operational tests of the flap asymmetry detection system to verify 
proper functioning, and repair, if necessary; repetitive replacement of 
the inboard flap jackscrews with new jackscrews; repetitive measurement 
of the screw/nut play to detect discrepancies; and corrective action, 
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 
prevent jamming of the flap jackscrews, which could result in the 
inability to move the flaps or an asymmetric flap condition, and 
consequent reduced controllability of the airplane.

DATES: Comments must be received by May 24, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-63-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.

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 99-NM-63-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. 99-NM-63-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 Falcon 2000 series airplanes. 
The DGAC advises that several operators of these airplanes have 
reported jamming of the inboard flap jackscrew during extension of the 
flaps while the airplanes were in the approach-to-landing phase of the 
flight. The same inboard flap jackscrew is installed on certain 
Dassault Model 900EX, and Mystere Falcon 900 series airplanes, 
therefore, the identified unsafe condition may also exist on these 
airplane models. Such jamming of the flap jackscrews, if not corrected, 
could result in inability to move the flaps or an asymmetric flap 
condition, and consequent reduced controllability of the airplane.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Sec. 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 repetitive 
operational tests of the flap asymmetry detection system to verify 
proper functioning, and repair of any discrepancy. The proposal also 
would require repetitive replacement of the inboard flap jackscrews 
with new jackscrews; and repetitive measurement of the screw/nut play 
of the outboard and center flap jackscrews to detect discrepancies, and 
corrective action, if necessary. The corrective action consists of 
replacement of any discrepant jackscrew with a new jackscrew.
    The actions would be required to be accomplished in accordance with 
the applicable Dassault Aviation Falcon 2000, 900EX, or Mystere Falcon 
900 Airplane Maintenance Manual, and/or a

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method approved by the FAA or the DGAC (or its delegated agent).

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Cost Impact

    The FAA estimates that 159 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed operational test, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the operational test proposed by this AD on U.S. operators is 
estimated to be $9,540, or $60 per airplane, per test cycle.
    It would take approximately 8 work hours per airplane to accomplish 
the proposed flap jackscrew replacement, at an average labor rate of 
$60 per work hour. Required parts would cost approximately $21,200 per 
airplane. Based on these figures, the cost impact of the replacement 
proposed by this AD on U.S. operators is estimated to be $3,447,120 or 
$21,680 per airplane, per replacement cycle.
    It would take approximately 8 work hours per airplane to accomplish 
the proposed measurement, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the inspection 
proposed by this AD on U.S. operators is estimated to be $76,320, or 
$480 per airplane, per measurement cycle.
    The cost impact figures discussed above are 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.


Sec. 39.13  [Amended]

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

Dassault Aviation [Formerly Avions Marcel Dassault-Breguet Aviation 
(AMD/BA)]: Docket 99-NM-63-AD.

    Applicability: All Model Falcon 2000 series airplanes; Falcon 
900EX series airplanes, serial numbers 161 and subsequent; and 
Mystere Falcon 900 series airplanes, serial numbers 04 and 
subsequent; 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 (d) 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 jamming of the flap jackscrews, which could result in 
inability to move the flaps or an asymmetric flap condition, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Repetitive Operational Test

    (a) Within 5 flight cycles after the effective date of this AD: 
Perform an operational test of the flap asymmetry detection system 
to ensure that the system is functioning correctly, in accordance 
with the procedures specified in Falcon 2000 Airplane Maintenance 
Manual (AMM) 27-502, dated November 1995; Falcon 900 AMM 27-502, 
dated January 1995; or Falcon 900EX AMM 27-502, dated September 
1996, as applicable. Prior to further flight, repair any discrepancy 
detected in accordance with a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (or its delegated 
agent). Repeat the operational test thereafter at intervals not to 
exceed 330 flight hours or 7 months, whichever occurs first.

Repetitive Replacement

    (b) Prior to the accumulation of 1,000 total flight cycles on 
the inboard flap jackscrews, or within 25 flight cycles after the 
effective date of this AD, whichever occurs later: Replace the 
inboard flap jackscrews with new jackscrews in accordance with the 
procedures specified in Falcon 2000 AMM 27-510, dated November 1995; 
Falcon 900 AMM 27-521, dated December 1998; or Falcon 900EX AMM 27-
510, dated September 1996, as applicable. Repeat the replacement 
thereafter at intervals not to exceed 1,000 flight cycles.

Repetitive Inspection

    (c) Prior to the accumulation of 1,000 total flight cycles on 
the outboard and center flap jackscrews, or within 25 flight cycles 
after the effective date of this AD, whichever occurs later: Measure 
the screw/nut play of the outboard and center flap jackscrews to 
detect discrepancies, in accordance with the procedures specified in 
Falcon 2000 AMM, Temporary Revision (TR) 27-504, dated October 1998; 
Falcon 900 AMM, TR 27-514, dated February 1999; or Falcon 900EX AMM, 
TR 27-514, dated February 1999, as applicable.

    Note 2: The AFM revisions required by paragraph (c) of this AD 
may be accomplished by inserting a copy of the TR's into the 
applicable AFM. When these TR's have been incorporated into the 
general revisions of the AFM, the general revisions may be inserted 
into the AFM, provided that the information contained in the general 
revisions is identical to that specified in the TR's.

    (1) If the measurement is greater than 0.014 inch, prior to 
further flight, replace the discrepant flap jackscrew with a new 
jackscrew in accordance with the procedures specified in Falcon 2000 
AMM 27-510, dated November 1995; Falcon 900 AMM 27-521, dated 
December 1998; or Falcon 900EX AMM 27-510, dated September 1996, as 
applicable. Repeat the inspection thereafter at intervals not to 
exceed 330 flight hours or 7 months, whichever occurs first.
    (2) If the measurement is less than or equal to 0.014 inch, 
repeat the measurement

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thereafter at intervals not to exceed 330 flight hours or 7 months, 
whichever occurs first.

Alternative Methods of Compliance

    (d) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Secs. 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 4: The subject of this AD is addressed in French 
airworthiness directives 1999-038-008(B), dated January 27, 1999 
(for Falcon 2000 series airplanes); and 1999-082-024(B) dated 
February 24, 1999 (for Falcon 900 and Mystere Falcon 900EX series 
airplanes).

    Issued in Renton, Washington, on April 26, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-10962 Filed 4-30-99; 8:45 am]
BILLING CODE 4910-13-P