[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34584-34586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16331]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-11-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 900, 
Falcon 900EX, and Falcon 2000 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.


[[Page 34585]]


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 certain Dassault Model Mystere-
Falcon 900, Falcon 900EX, and Falcon 2000 series airplanes. This 
proposal would require replacement of the elevator auxiliary artificial 
feel unit (AFU) with a new elevator auxiliary AFU. 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 failure of the elevator 
auxiliary AFU. Failure of an AFU, coupled with a control linkage 
disconnection, could result in reduced controllability of the airplane.

DATES: Comments must be received by July 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-11-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 99-NM-11-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-11-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 certain Dassault Model Mystere-Falcon 900, 
Falcon 900EX, and Falcon 2000 series airplanes. The DGAC advises that, 
during an inspection, the bushing of the elevator auxiliary artificial 
feel unit (AFU), was found broken due to fatigue. The DGAC also advises 
that the elevator auxiliary AFU failure could affect the elevator 
neutral position return if linkage disconnection upstream of the servo 
actuator occurs. Such elevator auxiliary AFU failure, coupled with a 
control linkage disconnection, if not corrected, could result in 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletins F900-235, dated October 13, 
1998 (for Model Mystere-Falcon 900 series airplanes), F900EX-88, dated 
October 20, 1998 (for Model Falcon 900EX series airplanes), and F2000-
175, dated October 20, 1998 (for Model Falcon 2000 series airplanes). 
These service bulletins describe procedures for replacement of the 
elevator auxiliary AFU with a new elevator auxiliary AFU that has 
improved fatigue properties. Accomplishment of the actions specified in 
these service bulletins is intended to adequately address the 
identified unsafe condition. The DGAC classified these service 
bulletins as mandatory and issued French airworthiness directives 98-
429-023(B) and 98-428-007(B), both dated November 4, 1998, in order to 
assure the continued airworthiness of these airplanes in France.

FAA's Conclusions

    These airplane models are manufactured in France and are 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 accomplishment of 
the actions specified in the service bulletins described previously.

Cost Impact

    The FAA estimates that 186 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 work 
hours per airplane to accomplish the proposed replacement, and that the 
average labor rate is $60 per work hour. Required parts would be 
supplied by the manufacturer at no cost to the operators. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $33,480, or $180 per airplane.
    The cost impact figure discussed above is 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

[[Page 34586]]

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 99-NM-11-AD.

    Applicability: Model Mystere-Falcon 900, Falcon 900EX, and 
Falcon 2000 series airplanes, equipped with an elevator auxiliary 
artificial feel unit (AFU), part number 105045-10; 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 (c) 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 failure of the elevator auxiliary AFU, coupled with a 
control linkage disconnection, which could result in reduced 
controllability of the airplane, accomplish the following:

Replacement

    (a) Prior to the accumulation of 2,000 total landings, or within 
6 months after the effective date of this AD, whichever occurs 
later, replace the elevator auxiliary AFU, part number 105045-10, 
with an elevator auxiliary AFU, part number 105045-13, in accordance 
with Dassault Service Bulletin F900-235, dated October 13, 1998 (for 
Model Mystere-Falcon 900 series airplanes); F900EX-88, dated October 
20, 1998 (for Model Falcon 900EX series airplanes); or F2000-175, 
dated October 20, 1998 (for Model Falcon 2000 series airplanes); as 
applicable.

Spares

    (b) As of the effective date of this AD, no person shall install 
an elevator auxiliary AFU, part number 105045-10, on any airplane.

Alternative Methods of Compliance

    (c) 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 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.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Sec. Sec. 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 
airworthiness directives 98-429-023(B) and 98-428-007(B), both dated 
November 4, 1998.

    Issued in Renton, Washington, on June 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-16331 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-13-U