[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Proposed Rules]
[Pages 59685-59687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-262-AD]
RIN 2120-AA64


 Airworthiness Directives; Dassault 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 supersedure of an existing 
airworthiness directive (AD), applicable to certain Dassault Model 
Mystere-Falcon 50 series airplanes, that currently requires a revision 
to the Limitations section of the FAA-approved Airplane Flight Manual 
(AFM) to include procedures to use certain values to correctly gauge 
the minimum allowable N1 speed of the operative engines during 
operation in icing conditions. This proposed AD would add a new 
requirement for operators to adjust the thrust reverser handle stop, 
install new wiring, and modify the Digital Electronic Engine Control 
(DEEC) software, which would terminate the AFM revision. 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 flightcrew use of 
erroneous N1 thrust setting information displayed on the Engine 
Indication Electronic Display (EIED), which could result in in-flight 
shutdown of engine(s).

DATES: Comments must be received by December 3, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-262-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-262-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-262-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On November 5, 1997, the FAA issued AD 97-21-16, amendment 39-10202 
(62
    FR 60773, November 13, 1997), applicable to certain Dassault Model 
Mystere-Falcon 50 series airplanes, to require a revision to the 
Limitations section of the FAA-approved Airplane Flight Manual (AFM) to 
include procedures to use certain values to correctly gauge the minimum 
allowable N1 speed of the operative engines during operation in icing 
conditions. That action was prompted by a report indicating that 
erroneous minimum anti-icing N1 thrust setting indications were 
displayed on the Engine Indication Electronic Display (EIED). The 
erroneous minimum N1 indications do not correspond with minimums 
specified in the Normal Procedures Section of the AFM for operations in 
icing conditions. The requirements of that AD are intended to prevent 
flightcrew use of erroneous N1 thrust setting information displayed on 
the EIED and consequent in-flight shutdown of engine(s).

Actions Since Issuance of Previous Rule

    In the preamble to AD 97-21-16, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking action is indeed necessary, and this proposed AD 
follows from that determination.

Explanation of Relevant Service Information

    Dassault Aviation has issued Service Bulletin F50-276, dated June 
24, 1998, which describes procedures for adjustment of the thrust 
reverser handle stop, installation of new wiring, and modification of 
the Digital Electronic Engine Control (DEEC) software whereby push-
lights are installed and wired to the DEEC. The software changes affect 
the N1 synch, Mach hold logic, thrust reverser logic, and wing anti-ice 
and takeoff schedules. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the

[[Page 59686]]

identified unsafe condition. The Direction Generale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, 
classified this service bulletin as mandatory and issued French 
airworthiness directive 98-228-021(B), dated June 17, 1998, in order to 
assure the continued airworthiness of these airplanes in France.
    Dassault Service Bulletin F50-276 refers to Allied Signal Service 
Bulletin TFE731-76-5107, dated December 24, 1997, as an additional 
source of service information for accomplishment of the modification.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Secs. 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 supersede AD 97-21-16 to 
retain the requirement to revise the Limitations section of the FAA-
approved Airplane Flight Manual (AFM) to include procedures to use 
certain values to correctly gauge the minimum allowable N1 speed of the 
operative engines during operation in icing conditions, and add a new 
requirement for adjustment of the thrust reverser handle stop, 
installation of new wiring, and modification of the Digital Electronic 
Engine Control (DEEC) software, which would terminate the need for the 
AFM revision.

Cost Impact

    There are approximately 7 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The action that is currently required by AD 97-21-16, and retained 
in this AD, takes approximately 1 work hour per airplane to accomplish, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the currently required actions on U.S. operators is 
estimated to be $60 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $1,026 per airplane. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $8,022, or $1,146 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-10202 (62 FR 
60773, November 13, 1997), and by adding a new airworthiness directive 
(AD), to read as follows:

Dassault Aviation: Docket 98-NM-262-AD. Supersedes AD 97-21-16, 
Amendment 39-10202.

    Applicability: Model Mystere-Falcon 50 series airplanes, serial 
numbers 251, 253, and subsequent; equipped with Allied-Signal 
TFE731-40 engines; certificated in any category; except those that 
have been modified in accordance with Dassault Service Bulletin F50-
276, dated June 24, 1998.

    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 (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 in-flight shutdown of the engine(s) due to the flight 
crew using erroneous N1 speed values displayed on the engine 
Indication Electronic Display (EIED), accomplish the following:

Restatement of the Requirements of AD 97-21-16, Amendment 39-10202

AFM Revision

    (a) Within 1 day after November 18, 1997 (the effective date of 
AD 97-21-16, amendment 39-10202), revise the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to add the following. 
This may be accomplished by inserting a copy of this AD in the AFM.
``Operation in Icing Conditions:
    The N1 speed of the operating engines must not be less than the 
minimum values specified in Normal Section 4, Sub-section 140, Page 
2, of the AFM.''

New Requirements for This AD

Modification

    (b) Within 6 months after the effective date of this AD, adjust 
the thrust reverser handle stop, install new ``push-light'' wiring 
on the instrument panel, and modify the Digital Electronic Engine 
Control (DEEC) software; in accordance with Dassault Service 
Bulletin F50-276, dated June 24, 1998. Accomplishment of such 
actions constitutes terminating action for the AFM revision required 
by paragraph (a) of this AD. Following accomplishment of the 
terminating action, the AFM revision

[[Page 59687]]

required by paragraph (a) of this AD may be removed from the AFM.

    Note 2: Dassault Service Bulletin F50-276 refers to Allied 
Signal Service Bulletin TFE731-76-5107, dated December 24, 1997, as 
an additional source of service information for accomplishment of 
the modification.

Spares

    (c) As of the effective date of this AD, no person shall install 
DEEC software, part number 2118882-4002, on any airplane.

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, 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

    (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 directive 98-228-021(B), dated June 17, 1998.

    Issued in Renton, Washington, on October 27, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-28656 Filed 11-2-99; 8:45 am]
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