[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Proposed Rules]
[Pages 29966-29969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14129]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-266-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 and 
900 Series Airplanes, Falcon 900EX Series Airplanes, and Falcon 2000 
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 Mystere-Falcon 
50 and 900 series airplanes, Falcon 900EX series airplanes, and Falcon 
2000 series airplanes. This proposal would require revising the 
Airplane Flight Manual to provide the flight crew with certain 
instructions associated with the onset of stall warning. This proposal 
also would require repetitive inspections to detect discrepancies of 
the hinge pin assemblies of the rear horizontal stabilizer, and 
corrective actions, if necessary. For certain airplanes, this proposal 
also would require

[[Page 29967]]

replacement of the hinge pin assemblies with new, improved parts. 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 excessive movement 
and consequent deformation of the hinge pin assemblies of the rear 
horizontal stabilizer, which could result in flutter and possible 
failure of the rear horizontal stabilizer.

DATES: Comments must be received by July 6, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-266-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-266-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-266-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 50 and 900 
series airplanes, Falcon 900EX series airplanes, and Falcon 2000 series 
airplanes. The DGAC advises that, during a flight test, excessive 
clearance was found between the hinge bushings and the hinge pin that 
attaches the rear horizontal stabilizer to the fuselage structure. 
Investigation revealed that the excessive clearance was caused by 
deformation of the hinge bushings due to high dynamic (forceful) loads 
encountered during flight test stall maneuvers. Although the amount of 
deformation detected did not represent an immediate hazard to the 
airplane during the flight test, repeated stall conditions could cause 
the deformation of the hinge bushings to increase. This condition, if 
not corrected, could result in flutter and possible failure of the rear 
horizontal stabilizer.

Explanation of Relevant Service Information

    Dassault has issued Airplane Maintenance Manual (AMM) Temporary 
Revision 704.0/1, dated November 1997 (for Model Mystere-Falcon 50 
series airplanes); AMM Procedure 55-501, dated March 1998 (for Model 
Mystere-Falcon 900 series airplanes); AMM Temporary Revision 55-501, 
dated November 1997 (for Model Falcon 900EX series airplanes); and AMM 
Procedure 55-501, dated November 1997 (for Model Falcon 2000 series 
airplanes). These procedures provide instructions for repetitive 
dimensional inspections to detect discrepancies (damage, deformation, 
and excessive movement) of the hinge pin assemblies of the rear 
horizontal stabilizer.
    Additionally, Dassault has issued Service Bulletins F50-274 (F50-
55-4), F900-203 (F900-55-3), F900EX-37 (F900EX-55-1), and F2000-118 
(F2000-55-1); all dated December 17, 1997. These service bulletins 
describe, among other things, procedures for replacement of the hinge 
pin assemblies of the rear horizontal stabilizer with new, improved 
parts.
    The DGAC classified these service documents as mandatory and issued 
French airworthiness directives 97-370-020(B)R1, dated December 17, 
1997 (for Models Mystere-Falcon 50 and 900 series airplanes, and Falcon 
900EX series airplanes), and 97-369-004(B), dated December 3, 1997 (for 
Model Falcon 2000 series airplanes), in order to assure the continued 
airworthiness of these airplanes in France.
    Accomplishment of the actions specified in the applicable service 
documents is intended to adequately address the identified unsafe 
condition.

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 applicable service documents described 
previously, except as discussed below.

Differences Between Proposed Rule and Related Service Information

    Operators should note that, although the Dassault service bulletins 
and Dassault airplane maintenance manual procedures recommend that the 
manufacturer be contacted 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 either the FAA or 
the DGAC (or its

[[Page 29968]]

delegated agent). In light of the type of repair that would be required 
to address the identified unsafe condition, and in consonance with 
existing bilateral airworthiness agreements, the FAA has determined 
that, for this proposed AD, a repair approved by either the FAA or the 
DGAC would be acceptable for compliance with this proposed AD.
    This proposed AD would differ from the parallel French 
airworthiness directives in that this proposed AD would require 
performing an initial inspection to detect discrepancies (damage, 
deformation, and excessive movement) of the hinge pin assemblies of the 
rear horizontal stabilizer within 300 flight hours or 6 months after 
the effective date of this AD. The French airworthiness directives 
require the initial inspection within 6 years, or prior to the 
accumulation of 3,750 total flight cycles. In developing the 
appropriate compliance time, the FAA considered the manufacturer's 
recommendation and the degree of urgency associated with addressing the 
subject unsafe condition. In light of these factors, the FAA finds that 
an initial inspection within 300 flight hours or 6 months after the 
effective date of this AD to be warranted, in that it represents an 
appropriate interval of time allowable for affected airplanes to 
continue to operate without compromising safety.

Cost Impact

    The FAA estimates that 269 airplanes of U.S. registry would be 
affected by this proposed AD.
    For all airplanes, it would take approximately 1 work hour per 
airplane to accomplish the proposed Airplane Flight Manual (AFM) 
revision, at an average labor rate of $60 per work hour. Based on these 
figures, the cost impact of the AFM revision proposed by this AD on 
U.S. operators is estimated to be $16,140, or $60 per airplane.
    Additionally, for all airplanes, it would take approximately 8 work 
hours per airplane to accomplish the proposed inspection, 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 $129,120, or $480 per airplane, per inspection cycle.
    For 49 airplanes of U.S. registry it would take approximately 10 
work hours per airplane to accomplish the proposed replacement, at an 
average labor rate of $60 per work hour. Required parts would cost 
approximately $6,000 per airplane. Based on these figures, the cost 
impact of the replacement proposed by this AD on U.S. operators is 
estimated to be $323,400, or $6,600 per airplane.
    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: Docket 98-NM-266-AD.

    Applicability: All Model Mystere-Falcon 50 and 900 series 
airplanes, Falcon 900EX series airplanes, and Falcon 2000 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 (h) 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 excessive movement and consequent deformation of the 
hinge pin assemblies of the rear horizontal stabilizer, which could 
result in flutter and possible failure of the rear horizontal 
stabilizer, accomplish the following:

Dassault Airplane Flight Manual (AFM) Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved AFM to include the 
following statement. This may be accomplished by inserting a copy of 
this AD into the AFM.

``DO NOT INTENTIONALLY FLY THE AIRPLANE SLOWER THAN INITIAL STALL 
WARNING ONSET''

    Note 2: The AFM revision required by paragraph (a) of this AD 
also may be accomplished by inserting a copy of the applicable 
Temporary Change into the applicable AFM, as specified below. When 
these Temporary Changes 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 Temporary Changes.

     For Model Mystere-Falcon 50 series airplanes: Dassault 
Mystere-Falcon 50 AFM Temporary Change No. 46 (DTM813); and Dassault 
Mystere-Falcon 50 AFM Temporary Change No. 12 (M813EX).
     For Model Mystere-Falcon 900 series airplanes: Dassault 
Mystere-Falcon 900 AFM Temporary Change No. 69 (DTM20103).
     For Model Falcon 900EX series airplanes: Dassault 
Falcon 900EX AFM Temporary Change No. 14 (DTM561).
     For Model Falcon 2000 series airplanes: Dassault Falcon 
2000 AFM Temporary Change No. 44 (DTM537).

Initial and Repetitive Inspections

    (b) Within 300 flight hours or 6 months after the effective date 
of this AD, whichever occurs first: Perform a dimensional inspection 
to detect discrepancies (damage, deformation, and excessive 
movement) of the hinge pin assemblies of the rear horizontal 
stabilizer in accordance with paragraph (b)(1), (b)(2), (b)(3), or 
(b)(4) of this AD, as applicable.
    (1) For Model Mystere-Falcon 50 series airplanes: Inspect in 
accordance with

[[Page 29969]]

Dassault Airplane Maintenance Manual, Temporary Revision, 704.0/1, 
dated November 1997.
    (2) For Model Mystere-Falcon 900 series airplanes: Inspect in 
accordance with Dassault Airplane Maintenance Manual, Procedure 55-
501, dated March 1998.
    (3) For Model Falcon 900EX series airplanes: Inspect in 
accordance with Dassault Airplane Maintenance Manual, Temporary 
Revision, 55-501, dated November 1997.
    (4) For Model Falcon 2000 series airplanes: Inspect in 
accordance with Dassault Airplane Maintenance Manual, Procedure 55-
501, dated November 1997.
    (c) If any stall event occurs after the effective date of this 
AD, perform a dimensional inspection as required by paragraph (b) 
within 300 flight hours or 6 months after the occurance of the stall 
event, whichever occurs first. For the purposes of this AD, a stall 
event is considered to be any event as defined by Federal Aviation 
Administration [14 CFR 25.201(d)].
    (d) If no discrepancy is detected during any inspection required 
by this AD, repeat at 3,750 flight cycles or 6 years, whichever 
occurs first.
    (e) If any discrepancy is detected during any inspection 
required by this AD, prior to further flight, repair in accordance 
with a method approved by either the Manager, International Branch, 
ANM-116, FAA, Transport Airplane Directorate; or the Direction 
Generale de l'Aviation Civile (DGAC) (or its delegated agent). 
Thereafter, repeat the inspections at the times specified in 
paragraph (b) of this AD.

Replacement

    (f) For airplanes listed in Dassault Service Bulletins F50-274 
(F50-55-4), F900-203 (F900-55-3), F900EX-37 (F900EX-55-1), and 
F2000-118 (F2000-55-1), all dated December 17, 1997: Replace the 
hinge pin assemblies of the rear horizontal stabilizer with new, 
improved parts in accordance with Part 2, paragraph B.(2) of the 
Accomplishment Instructions of the applicable service bulletin at 
the later of the times specified in paragraphs (f)(1) and (f)(2) of 
this AD.
    (1) Accomplish the replacement within 6 years since date of 
manufacture, or prior to the accumulation of 3,750 total flight 
cycles, whichever occurs first.
    (2) Accomplish the replacement within 300 flight hours or 6 
months after the effective date of this AD, whichever occurs first.

Spares

    (g) As of the effective date of this AD, no person shall install 
a rear horizontal stabilizer hinge pin having part number MY2033175 
on any airplane.

Alternative Methods of Compliance

    (h) 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. 
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

    (i) 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 4: The subject of this AD is addressed in French 
airworthiness directives 97-370-020(B)R1, dated December 17, 1997, 
and 97-369-004(B), dated December 3, 1997.

    Issued in Renton, Washington, on May 26, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-14129 Filed 6-3-99; 8:45 am]
BILLING CODE 4910-13-P