[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Rules and Regulations]
[Pages 10691-10693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-262-AD; Amendment 39-11602; AD 2000-04-19]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment adds 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 terminates 
the AFM revision. 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 
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: Effective April 4, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 4, 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) by superseding AD 97-21-16, 
amendment 39-10202 (62 FR 60773, November 13, 1997), which is 
applicable to certain Dassault Model Mystere-Falcon 50 series 
airplanes, was published in the Federal Register on November 3, 1999 
(64 FR 59685). The action proposed 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requests To Revise Applicability

    One commenter, the manufacturer, suggests that the applicability be 
revised to exclude airplanes on which Dassault Factory Modification 
M2193 has been accomplished. The commenter notes that this modification 
is equivalent to Dassault Service Bulletin F50-276, dated June 24, 1998 
(which was cited in the AD as the appropriate source of service 
information). The FAA concurs. The actions described in the referenced 
Dassault service bulletin constitute terminating action for the 
requirements of this AD; therefore, airplanes on which the service 
bulletin has been accomplished are excluded in the applicability of the 
AD. Since Dassault Modification M2193 is equivalent to that service 
bulletin, the FAA has revised the final rule to also exclude airplanes 
having this production modification.
    The same commenter also requests that the applicability of the 
proposed AD be revised in regard to the listing of affected airplanes. 
The commenter notes that the proposed AD applies to ``serial numbers 
251, 253, and subsequent, equipped with Allied-Signal TFE731-40 engines 
* * *.'' The commenter suggests that the applicability be expanded to 
include any Falcon 50 series airplane retrofitted with Dassault Service 
Bulletin F50-280 or Dassault Factory Modification 2518, since this 
service bulletin describes procedures for installation of Allied-Signal 
TFE731-40 engines on any Model Mystere-Falcon 50 series airplane, 
including serial numbers prior to 251.
    The FAA does not concur. The FAA acknowledges that all airplanes 
equipped with the referenced engine type should also be subject to the 
requirements of this AD, if all actions required by this AD have not 
been accomplished. However, after further discussions with the 
manufacturer, the FAA has been advised that Dassault Service Bulletin 
F50-280 is in the process of review, but has not been released, nor has 
the equivalent Dassault Modification 2518 been approved. The FAA does 
not consider it appropriate to delay issuance of this final rule while 
awaiting such approval; therefore, no change is made to the 
applicability of the AD in this regard. If the engine retrofit service 
information is approved, the FAA will consider further rulemaking, if 
necessary, to apply the requirements of this AD to additional 
airplanes.

Request To Revise Number of Affected Airplanes

    The same commenter states that the estimate of 7 affected airplanes 
is incorrect in the cost impact information of the proposed AD, since 
other airplanes may have the Allied-Signal TFE731-40 engines installed 
as a retrofit, as discussed in the previous comment. The FAA infers 
that the commenter is requesting that the number of affected airplanes 
be increased. However, since the previously described engine retrofit 
service information has not been approved, no airplanes on the U.S. 
Register should have had such a modification at this time. No change to 
the AD is necessary in this regard.

Request To Revise Cost Estimate

    The same commenter states that the estimate of 2 work hours is 
conservative in that it does not include hours necessary to gain 
access, remove and replace the unit, and perform engine ground runs 
and/or flight tests. The

[[Page 10692]]

commenter believes that the economic impact per airplane will be 
approximately double that referred to in the proposed AD.
    The FAA infers that the commenter is requesting that the cost 
estimate in the AD be increased to include the noted additional costs. 
The FAA does not concur. The cost impact information, below, describes 
only the ``direct'' costs of the specific actions required by this AD. 
The FAA recognizes that, in accomplishing the requirements of any AD, 
operators may incur ``incidental'' costs in addition to the ``direct'' 
costs. The cost analysis in AD rulemaking actions, however, typically 
does not include incidental costs, such as the time required to gain 
access and close up, planning time, or time necessitated by other 
administrative actions. Because incidental costs may vary significantly 
from operator to operator, they are almost impossible to calculate. No 
change is made to the final rule.

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 previously 
described. 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

    There are approximately 7 airplanes of U.S. registry that will be 
affected by this 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 previously required actions on U.S. operators is 
estimated to be $60 per airplane.
    The new actions that are required by this new AD will take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$1,026 per airplane. Based on these figures, the cost impact of the new 
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 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 a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 removing amendment 39-10202 (62 FR 
60773, November 13, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-11602, to read as follows:

2000-04-19 Dassault Aviation: Amendment 39-11602. 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 airplanes 
that have been modified in accordance with Dassault Service Bulletin 
F50-276, dated June 24, 1998, or airplanes on which Dassault 
Modification M2193 was installed in production.


    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 
flightcrew 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

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 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

[[Page 10693]]

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 
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

    (f) The actions required by paragraph (b) of this AD shall be 
done in accordance with Dassault Service Bulletin F50-276, dated 
June 24, 1998. 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 4: The subject of this AD is addressed in French 
airworthiness directive 98-228-021(B), dated June 17, 1998.

    (g) This amendment becomes effective on April 4, 2000.

    Issued in Renton, Washington, on February 22, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-4566 Filed 2-28-00; 8:45 am]
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