[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18734]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-325-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 and Model 
Mystere-Falcon 50 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 certain Dassault Model Falcon 10 
and Model Mystere-Falcon 50 series airplanes. For certain airplanes, 
this proposal would require modification of the aircraft wiring to 
illuminate the ``T/O CONFIG'' red warning light on the cockpit warning 
panel. For certain other airplanes, this proposal would require 
installation of a ``NO TAKEOFF'' red light on each pilot's instrument 
panel; modification of the associated aircraft wiring to activate the 
lights whenever the aircraft is not in the proper configuration for 
take-off; and a revision to the Airplane Flight Manual to check that 
the ``NO TAKEOFF'' lights are out prior to take-off. 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 take-off with the parking brake 
engaged, which could result in an extended take-off roll or a rejected 
take-off, and consequent runway overrun.

DATES: Comments must be received by August 23, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-325-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.

[[Page 39449]]

    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-325-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-325-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 Falcon 10 and Model 
Mystere-Falcon 50 series airplanes. The DGAC advises that, during take-
off of a Model Mystere-Falcon 50 airplane, the pilot reported that the 
engine parameters were correct, but longitudinal acceleration displayed 
on the electronic flight instrumentation system (EFIS) was lower than 
usual. The pilot chose to reject the take-off attempt. The DGAC also 
advises that several similar occurrences have been reported on Model 
Falcon 10 series airplanes. The slow acceleration is thought to have 
been caused by the pilot attempting to take-off with the parking brake 
engaged. The existing design for both models provides appropriate 
indication to the crew when the parking brake handle is not released 
during the takeoff; however, the indication is not readily visible. Due 
to its location in the lower part of the pilot's instrument panel, it 
is outside of the pilot's direct line of sight and the indication may 
be unnoticed. This condition, if not corrected, could result in an 
extended take-off roll or a rejected take-off, and consequent runway 
overrun.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F50-240, Revision 1, dated 
October 7, 1998 for Model Mystere-Falcon 50 series airplanes), which 
describes procedures for modification of the aircraft wiring to add the 
``park brake handle not pushed forward'' condition in the illumination 
conditions of the ``T/O CONFIG'' red warning light on the cockpit 
warning panel.
    Dassault also has issued Service Bulletin F10-280, Revision 1, 
dated February 10, 1999 (for Model Falcon 10 series airplanes), which 
describes procedures for installation of a ``NO TAKEOFF'' red light on 
each pilot's instrument panel. The service bulletin also describes 
procedures for modification of the associated aircraft wiring to 
activate the lights whenever the aircraft is not in the proper 
configuration for take-off; and a revision to the Normal Procedures 
Section of the Falcon 10 Airplane Flight Manual to check that the ``NO 
TAKEOFF'' lights are out prior to take-off.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The 
DGAC classified these service bulletins as mandatory and issued French 
airworthiness directives 98-300-022(B), dated July 29, 1998, and 98-
547-022(B), dated December 30, 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 
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 service bulletins described previously.

Cost Impact

    The FAA estimates that 36 Dassault Model Falcon 10 series airplanes 
of U.S. registry would be affected by this proposed AD.
    It would take approximately 50 work hours per airplane to 
accomplish the proposed installation, at an average labor rate of $60 
per work hour. Required parts would cost approximately $2,280 per 
airplane. Based on these figures, the cost impact of the installation 
proposed by this AD on U.S. operators is estimated to be $190,080, or 
$5,280 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed revision to the AFM, 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 $2,160, or $60 
per airplane.
    The FAA estimates that 115 Dassault Model Mystere-Falcon 50 series 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 8 work hours per airplane to accomplish the 
proposed modification, and that the average labor rate is $60 per work 
hour. Required parts would cost approximately $6,000 per airplane. 
Based on these figures, the cost impact of the modification proposed by 
this AD on U.S. operators is estimated to be $745,200, or $6,480 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.

[[Page 39450]]

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-325-AD.

    Applicability: Model Falcon 10 series airplanes, serial numbers 
1 through 152 inclusive, on which Dassault Modification M801 
(reference Dassault Service Bulletin F10-280, Revision 1, dated 
February 10, 1999) has not been accomplished; and Model Mystere-
Falcon 50 series airplanes, serial numbers 2 through 250 inclusive 
and 252, on which Dassault Modification M1850 (reference Dassault 
Service Bulletin F50-240, Revision 1, dated October 7, 1998) has not 
been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 take-off with the parking brake engaged, which could 
result in an extended take-off roll or a rejected take-off, and 
consequent runway overrun, accomplish the following:

Model Mystere-Falcon 50 Series Airplanes: Modification

    (a) For Model Mystere-Falcon 50 series airplanes, within 9 
months after the effective date of this AD, modify the aircraft 
wiring to add the ``park brake handle not pushed forward'' condition 
in the illumination conditions of the ``T/O CONFIG'' red warning 
light on the cockpit warning panel in accordance with Dassault 
Service Bulletin F50-240, Revision 1, dated October 7, 1998.

Model Falcon 10 Series Airplanes: Modification and AFM Revision

    (b) For Dassault Falcon 10 series airplanes, within 9 months 
after the effective date of this AD, accomplish the requirements of 
paragraphs (b)(1) and (b)(2) of this AD in accordance with Dassault 
Service Bulletin F10-280, Revision 1, dated February 10, 1999.
    (1) Install a ``NO TAKEOFF'' red light on each pilot's 
instrument panel and modify the associated aircraft wiring to 
activate the lights whenever the aircraft is not in the proper 
configuration for take-off.
    (2) Revise the Normal Procedures Section of the FAA-approved 
Airplane Flight Manual (AFM) to include the information specified in 
Falcon 10 AFM DTM722 Temporary Change No. 17, dated March 31, 1995, 
which introduces procedures for checking that the ``NO TAKEOFF'' 
lights are out prior to take-off; and operate the airplane in 
accordance with those limitations and procedures.

    Note 2: This may be accomplished by inserting a copy of Falcon 
10 AFM DTM722 Temporary Change No. 17 in the AFM. When these 
temporary revisions have been incorporated into general revisions of 
the AFM, the general revisions may be inserted in the AFM, provided 
the information contained in the general revision is identical to 
that specified in Temporary Change No. 17.

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 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

    (d) 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 98-300-022(B), dated July 29, 1998, and 98-
547-022(B), dated December 30, 1998.

    Issued in Renton, Washington, on July 16, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-18734 Filed 7-21-99; 8:45 am]
BILLING CODE 4910-13-P