[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Rules and Regulations]
[Pages 68625-68628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-266-AD; Amendment 39-11452; AD 99-25-09]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Dassault Model Mystere-Falcon 50 and 900 series 
airplanes, Falcon 900EX series airplanes, and Falcon 2000 series 
airplanes, that requires revising the Airplane Flight Manual to provide 
the flight crew with certain instructions associated with the onset of 
stall warning. This amendment also requires repetitive inspections to 
detect discrepancies of the hinge pin assemblies of the rear horizontal 
stabilizer, and corrective actions, if necessary. For certain 
airplanes, this amendment also requires replacement of the hinge pin 
assemblies with new, improved parts. 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 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: Effective January 12, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 12, 2000.

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 all Dassault Model Mystere-Falcon 
50 and 900 series airplanes, Falcon 900EX series airplanes, and Falcon 
2000 series airplanes was published in the Federal Register on June 4, 
1999 (64 FR 29966). That action proposed to require revising the 
Airplane Flight Manual (AFM) to provide the flight crew with certain 
instructions associated with the onset of stall warning. That action 
also proposed to require repetitive inspections to detect discrepancies 
of the hinge pin assemblies of the rear horizontal stabilizer, and 
corrective actions, if necessary. For certain airplanes, that action 
also proposed to require replacement of the hinge pin assemblies with 
new, improved parts.

Comments Received

    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 Extend Compliance Time for Initial Inspection

    Two commenters request that the compliance time be revised for the 
initial inspection required by paragraph (b) of this AD. One commenter 
states that such a short compliance time (within 300 flight hours or 6 
months after the effective date of this AD) would constitute a 
considerable hardship on operators, due to the time and resources 
available to accomplish the task in this short period of time. The 
commenter notes that related airplane flight and maintenance manuals 
have already been revised by the manufacturer to specify additional 
time. Another commenter, the manufacturer, suggests that the 
requirement for an early initial dimensional inspection should be 
removed. This commenter states that the review of dimensional controls 
completed on a large portion of affected airplanes has resulted in its 
conclusion that such early inspection is not necessary to ensure the 
safety of the flying public, and creates an unnecessary burden on 
operators. This conclusion is based on the fact that, of all airplanes 
inspected to date, only a few airplanes have exceeded the criteria, and 
none were found to exceed by greater than 14 microns (0.0006 in). 
Additionally, tests and analyses have demonstrated that the fitting 
deformations do not increase during a 3,750-flight-cycle interval in 
which normal loads have been experienced. The commenter concludes from 
this data that extending the initial inspection threshold to 3,750 
total flight cycles is acceptable.
    The FAA concurs. The Direction Gonorale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, the Joint 
Aviation Authorities (JAA), and the manufacturer have advised the FAA 
that results of early inspections have shown no indication of 
significant fitting deformations. Based on inspections conducted to 
date, the

[[Page 68626]]

FAA has concluded that the requirement for an early initial inspection 
is no longer necessary. Accordingly, paragraph (b) of the AD has been 
revised [and a new paragraph (c) has been added] to extend the 
compliance time for the initial inspection. Additionally, to simplify 
the requirements of the AD, the repetitive inspection requirements 
contained in paragraphs (d) and (e) of the proposed AD are now included 
in paragraph (b) of the final rule.

Request To Remove Inspection After Stall Event

    One commenter, the manufacturer, requests that the proposed AD be 
revised to remove the requirement for additional inspection after any 
stall event, as required by paragraph (c) of the proposed AD. The 
commenter states that the AFM has already been revised to preclude 
intentional stalls. Additionally, the likelihood for an unintentional 
stall is sufficiently low that inspection at intervals of 3,750 flight 
cycles is deemed adequate to determine if discrepancies of the hinge 
pin assemblies exist.
    The FAA concurs. The DGAC has advised the FAA that it has approved 
the findings of the manufacturer, and has revised the parallel French 
airworthiness directives to delete the inspection following a stall 
event. Based on the manufacturer's information, and in consonance with 
the DGAC, the FAA has determined that the additional inspection after a 
stall event is not required. Accordingly, paragraph (c) of the proposed 
AD has been removed from the final rule.

Request To Revise Replacement Compliance Time

    One commenter requests that paragraph (f)(2) of the proposed AD be 
deleted, as the replacement required at the time specified in that 
paragraph can be delayed until the thresholds required by paragraph 
(f)(1) of the AD. The FAA does not concur, but finds that clarification 
of the compliance times required in paragraph (f) of the proposal [now 
paragraph (e)] is necessary. Paragraph (e) of the final rule requires 
accomplishment of certain actions at the LATER of the times indicated 
in paragraphs (e)(1) and (e)(2). The compliance times in paragraph 
(e)(2) are ``within 300 flight hours or 6 months after the effective 
date of this AD, whichever occurs first.'' These times provide a 
``grace period'' for airplanes that have exceeded the thresholds of 
``within 6 years since date of manufacture, or prior to the 
accumulation of 3,750 total flight cycles, whichever occurs first,'' as 
required by paragraph (e)(1) of the AD. The FAA considers such a 
``grace period'' to be beneficial to operators in order to avoid 
unnecessary grounding of the fleet. No change is necessary in this 
regard.

Text Revisions Requested

    One commenter, the manufacturer, requests various changes to the 
text of the proposed AD. The commenter requests that the latest 
revisions to the related French airworthiness directives be referenced, 
since the previous revisions have been cancelled. The commenter also 
notes that Dassault Aviation has developed repair solutions for 
discrepancies of the hinge pin assemblies of the rear horizontal 
stabilizer, and these repair solutions have been approved by the DGAC. 
The commenter requests that these repair solutions be referenced in the 
proposed AD. Additionally, the commenter notes an incorrect reference 
in paragraph (a) of the proposed AD to Dassault Mystere-Falcon 50 AFM 
Temporary Change No. 12 as M813EX, which should be listed as FM813EX. 
Lastly, the commenter requests that the proposed AD be revised to refer 
to the applicable revision of Chapter 5-40 of each airplane maintenance 
manual, since that chapter provides the information necessary to 
accomplish the repetitive inspections required by the AD.
    The FAA partially concurs with the various requests. The FAA has 
revised ``NOTE 6'' of the AD to refer to the latest French 
airworthiness directives. The FAA concurs that the referenced approved 
repair solutions provide an acceptable method of compliance for the 
repairs required by paragraph (d) of the AD, and has included this 
information in new ``NOTE 4'' to the final rule. The FAA also 
acknowledges the typographical error in regard to AFM Temporary Change 
No. 12, and has corrected the reference in the AD. The FAA has also 
clarified other temporary revision references contained in paragraph 
(b) of the AD.
    The FAA does not concur that references to the applicable revisions 
of Chapter 5-40 of the maintenance manuals should be included. This 
information is redundant to the temporary procedures already cited as 
the appropriate sources of service information, and the required 
intervals for repetitive inspections are directly specified in this AD. 
However, the FAA has added a new ``NOTE 3'' to the AD to inform 
operators that a general revision to the maintenance manual may be used 
in lieu of the temporary revisions cited in this AD, provided that the 
information contained in the general revision is identical to that 
contained in the temporary revisions.

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 changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 269 airplanes of U.S. registry will be 
affected by this AD.
    For all airplanes, it will take approximately 1 work hour per 
airplane to accomplish the required 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 required by this AD on 
U.S. operators is estimated to be $16,140, or $60 per airplane.
    Additionally, for all airplanes, it will take approximately 8 work 
hours per airplane to accomplish the required inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection required 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 will take approximately 10 
work hours per airplane to accomplish the required replacement, at an 
average labor rate of $60 per work hour. Required parts will cost 
approximately $6,000 per airplane. Based on these figures, the cost 
impact of the replacement required 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 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.

[[Page 68627]]

    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:

99-25-09 Dassault Aviation: Amendment 39-11452. 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 (g) 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 (FM813EX).
     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) At the applicable time specified in paragraph (c) of this 
AD, 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. Thereafter, repeat the inspection at intervals not to 
exceed 3,750 flight cycles or 6 years, whichever occurs first.
    (1) For Model Mystere-Falcon 50 series airplanes: Inspect in 
accordance with Dassault Airplane Maintenance Manual (AMM), Revision 
1, dated February 1997, as revised by Temporary Revision (TR) No. 7, 
work card number 704.0/1, dated November 1997.
    (2) For Model Mystere-Falcon 900 series airplanes: Inspect in 
accordance with Dassault AMM, Revision 2, dated July 1997, as 
revised by TR No. 17, Procedure 55-501, dated November 1997.
    (3) For Model Falcon 900EX series airplanes: Inspect in 
accordance with Dassault AMM, Revision 1, dated December 1996, as 
revised by Temporary Revision No. 2, Procedure 55-501, dated 
November 1997.
    (4) For Model Falcon 2000 series airplanes: Inspect in 
accordance with Dassault AMM, Revision 5, Procedure 55-501, dated 
November 1997.

    Note 3: The actions required by paragraph (b) of this AD also 
may be accomplished in accordance with a general revision of the 
applicable Dassault AMM, provided that the information contained in 
the general revision is identical to that specified in the Temporary 
Revisions cited in that paragraph.

    (c) Accomplish the inspection required by paragraph (b) of this 
AD at the LATER of the times specified in paragraphs (c)(1) and 
(c)(2) of this AD.
    (1) Within 6 years since date of manufacture, or prior to the 
accumulation of 3,750 total flight cycles, whichever occurs first.
    (2) Within 300 flight hours or 6 months after the effective date 
of this AD, whichever occurs first.
    (d) 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 
Gonorale de l'Aviation Civile (DGAC) (or its delegated agent).

    Note 4: Accomplishment of repair of the hinge pin assemblies in 
accordance with Falcon Repair Solution F2000-R3 (For Model Falcon 
2000 series airplanes), F50-R52 (for Model Mystere-Falcon 50 series 
airplanes), or F900-R71 (for Model Mystere-Falcon 900 and Falcon 
900EX series airplanes); as applicable; is acceptable for compliance 
with the repairs required by paragraph (d) of this AD.

Replacement

    (e) For airplanes listed in Dassault Service Bulletins F50-274, 
F900-203, F900EX-37, and F2000-118, 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 (e)(1) 
and (e)(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

    (f) 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

    (g) 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 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

[[Page 68628]]

Special Flight Permits

    (h) 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.

Incorporation by Reference

    (i) The replacements shall be done in accordance with Dassault 
Service Bulletin F50-274, dated December 17, 1997; Dassault Service 
Bulletin F900-203, dated December 17, 1997; Dassault Service 
Bulletin F900EX-37, dated December 17, 1997; and Dassault Service 
Bulletin F2000-118, dated December 17, 1997; 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 6: The subject of this AD is addressed in French 
airworthiness directives 1997-370-020(B) R2, dated June 2, 1999; and 
1997-369-004(B) R1, dated June 2, 1999, as revised by Erratum, dated 
June 30, 1999.

    (j) This amendment becomes effective on January 12, 2000.

    Issued in Renton, Washington, on November 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-31470 Filed 12-7-99; 8:45 am]
BILLING CODE 4910-13-U