[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Rules and Regulations]
[Pages 49969-49971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23475]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-11-AD; Amendment 39-11311; AD 99-19-24]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 900,
Falcon 900EX, and Falcon 2000 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Dassault Model Mystere-Falcon 900, Falcon 900EX,
and Falcon 2000 series airplanes, that requires replacement of the
elevator auxiliary artificial feel unit (AFU) with a new elevator
auxiliary AFU. This amendment is prompted by issuance of mandatory
continuing airworthiness information by a foreign civil airworthiness
authority. The actions specified by this AD are intended to prevent
failure of the elevator auxiliary AFU. Failure of an AFU, coupled with
a control linkage disconnection upstream of the servo actuator and
downstream of the main AFU, could result in reduced controllability of
the airplane.
DATES: Effective October 20, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 20, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 900, Falcon 900EX, and Falcon 2000 series airplanes was
published in the Federal Register on June 28, 1999 (64 FR 34584). That
action proposed to require replacement of the elevator auxiliary
artificial feel unit (AFU) with a new elevator auxiliary AFU.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request to Revise Statement of Unsafe Condition
One commenter, the manufacturer, requests that the FAA clarify the
unsafe condition by adding the words, ``upstream of the servo actuator
and downstream of the main AFU'' to the language specified in certain
sections of the proposed AD. The commenter states that the single loss
of elevator auxiliary AFU or the loss of elevator auxiliary AFU coupled
with a control linkage disconnection upstream of the main AFU will have
no direct consequences on the airworthiness of an airplane. However,
the loss of an auxiliary AFU coupled with the control linkage
disconnection upstream of the servo actuator and downstream of the main
AFU is a failure with consequences considered to be catastrophic.
The FAA concurs with the request. The FAA agrees that further
clarification in regard to the unsafe condition is necessary and has
added the words suggested by the commenter to this final rule. (The FAA
acknowledges that the Discussion section of the proposed AD also needs
clarification in regard to the unsafe condition, however, because the
Discussion section is not restated in the final rule, no change to this
final rule is necessary in this regard.)
Request to Revise Relevant Service Information
The same commenter requests that the relevant service information
of the proposed AD be revised to reference the applicable Airplane
Maintenance Manual (AMM) revisions. In support of this request, the
commenter notes that after investigations and discussion with the
Direction Generale de l'Aviation Civile (DGAC), the bushing of the AFU,
part number
(P/N) 105045-10, is considered to be a 2,000-landing safe-life part.
Furthermore, the commenter notes that the AMM revisions were required
by French airworthiness directives 98-429-023(B) and 98-428-007(B),
each dated November 4, 1998.
The FAA does not concur with the commenter's request. The FAA
acknowledges that the AMM's have
[[Page 49970]]
been revised to include safe-life limits for the elevator auxiliary AFU
having
P/N 105045-10. However, this AD requires that operators install a new
AFU, P/N 105045-13, that does not have life limits. Additionally,
paragraph (b) of this AD does not allow operators to install the old
AFU's referenced by the commenter, as of the effective date of this AD.
The FAA has determined that there is no need to refer to the AMM
revisions that include the life limits of the old part. Therefore, no
change to the final rule in this regard is necessary.
Request to Revise the Compliance Time
The same commenter, the manufacturer, requests that the compliance
time of the proposed AD be revised to read, ``The elevator auxiliary
AFU P/N 105045-10 which have reached or exceeded 2,000 landings must be
replaced within 6 months after the effective date of this AD.'' The
commenter states that the current compliance time would penalize
operators whose airplanes are far from 2,000 landings. The commenter
also states that spare parts availability has been determined according
to the French airworthiness directives 98-429-023(B) and 98-428-007(B),
each dated November 4, 1998.
The FAA does not concur. The FAA acknowledges the comment, but
points out that the commenter fails to recognize the last phrase in the
compliance sentence, ``whichever occurs later.'' Therefore, an airplane
that has accumulated very few landings as of the effective date of this
AD will have until 2,000 total landings to comply with the requirements
of this AD. The compliance time of this AD as written, aligns with the
French airworthiness directives. Therefore, no change to the final rule
in this regard is necessary.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change described
previously. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 186 airplanes of U.S. registry will be
affected by this required AD, that it will take approximately 3 work
hours per airplane to accomplish the required replacement, and that the
average labor rate is $60 per work hour. Required parts will be
supplied by the manufacturer at no cost to the operators. Based on
these figures, the cost impact of the required 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 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 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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it 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, Incorporation by
reference, 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
99-19-24 Dassault Aviation: Amendment 39-11311. 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 upstream of the servo actuator and
downstream of the main AFU, 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
[[Page 49971]]
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.
Incorporation by Reference
(e) The replacement shall be done in accordance with Dassault
Service Bulletin F900-235, dated October 13, 1998; Dassault Service
Bulletin F900EX-88, dated October 20, 1998; or Dassault Service
Bulletin F2000-175, dated October 20, 1998; as applicable. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Dassault Falcon Jet, P.O. Box 2000,
South Hackensack, New Jersey 07606. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
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.
(f) This amendment becomes effective on October 20, 1999.
Issued in Renton, Washington, on September 2, 1999.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-23475 Filed 9-14-99; 8:45 am]
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