[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Pages 34926-34928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-109-AD; Amendment 39-11751; AD 2000-11-03]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, and Mystere-Falcon 200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dassault Model Falcon 2000, Mystere-Falcon 900, 
Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 20, and 
Mystere-Falcon 200 series airplanes. This action requires revising the 
Airplane Flight Manual to include speed limitations in the event of 
failure indications of the pitch feel system. These limitations are 
intended to mitigate severe pitch oscillations of the airplane.

DATES: Effective June 16, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 16, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before July 3, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-109-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may also be sent via the Internet using the 
following address: [email protected]. Comments sent via the 
Internet must contain ``Docket No. 2000-NM-109-AD'' in the subject line 
and need not be submitted in triplicate.
    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 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.

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: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on all Dassault 
Model Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 
50, Mystere-Falcon 20, and Mystere-Falcon 200 series airplanes. The 
DGAC advises that two Mystere-Falcon 900 series airplanes have 
experienced severe pitch oscillations during descent.
    The exact cause of the pitch oscillation is unknown at this time, 
and is still under investigation. However, in one case, it was 
considered that failure of the pitch feel system may have contributed 
to the severity of the pitch oscillations. Since this system is similar

[[Page 34927]]

in design to that of Dassault Model Falcon 2000, Falcon 900EX, Fan Jet 
Falcon, Mystere-Falcon 50, Mystere-Falcon 20, and Mystere-Falcon 200 
series airplanes, these airplanes may be subject to the same unsafe 
condition revealed on the Mystere-Falcon 900 series airplanes.

Explanation of Relevant Service Information

    Dassault Aviation has issued the following Airplane Flight Manual 
(AFM) Temporary Revisions and Temporary Changes:
     Temporary Revision 19, DTM589/590/591/592, Temporary 
Revision 19 DTM592, and Temporary Revision 11, DTM918, each dated 
October 27, 1999 (for Model Fan Jet Falcon series airplanes.)
     Temporary Change 20, DTM30528, dated October 27, 1999 (for 
Model Mystere-Falcon 20 series airplanes.)
     Temporary Change 29, DTM308A, dated October 27, 1999 (for 
Model Mystere-Falcon 200 series airplanes.)
     Temporary Change 50, DTM813, dated October 27, 1999 (for 
Model Mystere-Falcon 50 series airplanes.)
     Temporary Change 49, FM813EX, dated October 27, 1999 (for 
Model Mystere-Falcon 50EX series airplanes.)
     Temporary Change 80, DTM20103, and Temporary Change 4, 
FM900C, each dated October 27, 1999 (for Model Mystere-Falcon 900 
series airplanes.)
     Temporary Change 46, DTM561, dated October 27, 1999 (for 
Model Falcon 900EX.)
    Procedures described in the Temporary Revisions and Temporary 
Changes provide instructions to reduce the airspeed to 260 knots 
indicated airspeed or 0.76 mach indicated if the pitch feel system 
light (i.e., PITCH, AQ PITCH, AQ ROLL, PITCH FEEL, or Q UNIT) is 
illuminated. The DGAC classified these temporary revisions and 
temporary changes as mandatory and issued French airworthiness 
directives 1999-464-029(B), dated November 17, 1999, as revised by 
Erratum, dated December 15, 1999 (for Model Mystere-Falcon 50, Mystere-
Falcon 900, and Falcon 900EX series airplanes); and 1999-467-026(B), 
dated November 17, 1999, as revised by Erratum, dated December 15, 1999 
(for Model Fan Jet Falcon, Mystere-Falcon 20, and Mystere-Falcon 200 
series airplanes); 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.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Explanation of Requirements of 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, this AD is being issued to provide the flight 
crew with speed limitations in the event of failure indications of the 
pitch feel system. These limitations are intended to mitigate severe 
pitch oscillations of the airplane. The actions are required to be 
accomplished in accordance with the AFM Temporary Revisions and 
Temporary Changes described previously, except as discussed below.

Explanation of Applicability

    Operators should note that the applicability of this AD includes 
all Model Falcon 2000 series airplanes, whereas this airplane model is 
not included in the previously identified French airworthiness 
directives. Since Model Falcon 2000 series airplanes are similar in 
design to those airplanes identified in the French airworthiness 
directives, the FAA has determined that Model Falcon 2000 series 
airplanes may be subject to the same unsafe condition and, therefore, 
must be included in the applicability of this AD.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-109-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive

[[Page 34928]]

Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, 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:

2000-11-03  Dassault Aviation: Amendment 39-11751. Docket 2000-NM-
109-AD.

    Applicability: All Model Falcon 2000, Mystere-Falcon 900, Falcon 
900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 20, and 
Mystere-Falcon 200 series airplanes; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To provide the flight crew with speed limitations, which are 
intended to mitigate severe pitch ocillations in the event of 
failure indications of the pitch feel system, accomplish the 
following:

Airplane Flight Manual (AFM) Revision

    (a) Within 7 days after the effective date of this AD, revise 
the Limitations Section and Abnormal Procedures Section of the FAA-
approved AFM, in accordance with paragraph (a)(1), (a)(2), (a)(3), 
(a)(4), (a)(5), (a)(6), (a)(7), or (a)(8), as applicable, of this 
AD.
    (1) For Model Fan Jet Falcon series airplanes: Insert Dassault 
Aviation Temporary Revision 19, DTM589/590/591/592, Temporary 
Revision 19, DTM592, and Dassault Aviation Temporary Revision 11, 
DTM918, each dated October 27, 1999, into the AFM.
    (2) For Model Mystere-Falcon 20 series airplanes: Insert 
Dassault Aviation Temporary Change 20, DTM30528, dated October 27, 
1999, into the AFM.
    (3) For Model Mystere-Falcon 200 series airplanes: Insert 
Dassault Aviation Temporary Change 29, DTM308A, dated October 27, 
1999, into the AFM.
    (4) For Model Mystere-Falcon 50 series airplanes: Insert 
Dassault Aviation Temporary Change 50, DTM813, dated October 27, 
1999, into the AFM.
    (5) For Model Mystere-Falcon 50EX series airplanes: Insert 
Dassault Aviation Temporary Change 49, FM813EX, dated October 27, 
1999, into the AFM.
    (6) For Model Mystere-Falcon 900 series airplanes: Insert 
Dassault Aviation Temporary Change 80, DTM20103, and Temporary 
Change 4, FM900C, each dated October 27, 1999, into the AFM.
    (7) For Model Falcon 900EX series airplanes: Insert Dassault 
Aviation Temporary Change 46, DTM561, dated October 27, 1999, into 
the AFM.
    (8) For Model Falcon 2000 series airplanes: Insert the following 
statement into the AFM. This may also be accomplished by inserting a 
copy of this AD into the AFM.

``If the PITCH FEEL warning light is on, reduce the airspeed to 260 
KIAS or MI 0.76 max.''

    Note 1: When the Temporary Changes and Temporary Revisions 
specified in paragraph (a) of this AD 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 and Temporary Revisions.

Alternative Methods of Compliance

    (b) 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 Operations 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 
obtained from the International Branch,

Special Flight Permits

    (c) 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

    (d) Except as provided by paragraph (a)(8) of this AD, the 
Airplane Flight Manual revisions shall be done in accordance with 
Dassault Aviation Temporary Revision 19, DTM589/590/591/592, dated 
October 27, 1999; Dassault Aviation Temporary Revision 19, DTM592, 
dated October 27, 1999; Dassault Aviation Temporary Revision 11, 
DTM918, dated October 27, 1999; Dassault Aviation Temporary Change 
20, DTM30528, dated October 27, 1999; Dassault Aviation Temporary 
Change 29, DTM308A, dated October 27, 1999; Dassault Aviation 
Temporary Change 50, DTM813, dated October 27, 1999; Dassault 
Aviation Temporary Change 49, FM813EX, dated October 27, 1999; 
Dassault Aviation Temporary Change 80, DTM20103, dated October 27, 
1999; Dassault Aviation Temporary Change 4, FM900C, dated October 
27, 1999; and Dassault Aviation Temporary Change 46, DTM561, dated 
October 27, 1999; 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 1999-464-029(B), dated November 17, 1999, 
as revised by Erratum, dated December 15, 1999; and 1999-467-026(B), 
dated November 17, 1999, as revised by Erratum, dated December 15, 
1999.

    (e) This amendment becomes effective on June 16, 2000.

    Issued in Renton, Washington, on May 22, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-13330 Filed 5-31-00; 8:45 am]
BILLING CODE 4910-13-P