[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Proposed Rules]
[Pages 19727-19738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9191]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 74 / Tuesday, April 17, 2001 / 
Proposed Rules  

[[Page 19727]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-10-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50, 
Mystere-Falcon 900, and Falcon 900EX Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Dassault Model Mystere-Falcon 
50, Mystere-Falcon 900, and Falcon 900EX series airplanes. This 
proposal would require revising the Emergency Procedures and Abnormal 
Procedures sections of the airplane flight manual to advise the 
flightcrew to immediately don oxygen masks in the event of significant 
pressurization or oxygen level changes. This action is necessary to 
prevent incapacitation of the flightcrew due to lack of oxygen, which 
could result in their inability to continue to control the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by May 17, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-10-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-10-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; 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 action may be changed in 
light of the comments received.
    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 proposed 
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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 2001-NM-10-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. 2001-NM-10-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 25, 1999, a business jet operating under part 135 of the 
Federal Aviation Regulations (14 CFR part 135) departed Orlando 
International Airport en route to Dallas, Texas. Air traffic control 
lost communication with the airplane near Gainesville, Florida. Air 
Force and National Guard airplanes intercepted the airplane. The 
flightcrews of those chase airplanes observed no damage to the 
airplane, but reported that its windows appeared frosted over, 
obscuring the view of the interior of the airplane. Subsequently, the 
airplane ran out of fuel and crashed in South Dakota. To date, the 
cause of the accident has not been determined. However, the failure of 
the flightcrew to respond to air traffic control suggests the 
possibility that the flightcrew was incapacitated and raises concerns 
about the pressurization and oxygen systems on the airplane.
    Recognizing these concerns, the FAA initiated a special 
certification review (SCR) of the certification requirements for the 
pressurization and oxygen systems on that airplane. The SCR findings 
indicated that the most likely cause for incapacitation was hypoxia 
(lack of oxygen). The only other plausible cause of incapacitation is 
exposure to toxic substances; however, no evidence was found to support 
the existence of toxic substances.
    The SCR team learned of several accidents and incidents that may 
have involved incapacitation of the flightcrews during flight. In one 
case, the flightcrew did not don oxygen masks or activate the 
pressurization system when the airplane flew at an altitude in excess 
of 35,000 feet. In another case, the flightcrew did not don oxygen 
masks when the cabin aural warning was activated.
    The SCR team recommended a review of the airplane flight manuals 
(AFM) for all pressurized airplanes certified under parts 23 and 25 of 
the Federal Aviation Regulations (14 CFR part 23 and 14 CFR

[[Page 19728]]

part 25) for operation above altitudes of 25,000 feet. Specifically, 
the team recommended a review of the AFM's to determine the necessity 
of including procedures to immediately don oxygen masks in the event of 
significant pressurization or oxygen level changes. The AFM's of Model 
Mystere-Falcon 50, Mystere-Falcon 900, and Falcon 900EX series 
airplanes do not include this procedure in the Emergency Procedures or 
Abnormal Procedures sections. Time spent troubleshooting the 
pressurization system following changes in pressurization or oxygen 
levels may result in the flightcrew's incapacitation and consequent 
inability to continue to control the airplane before they are able to 
don oxygen masks.

FAA's Conclusions

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
Sec. 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 require revising the AFM to 
advise the flightcrew to immediately don oxygen masks under certain 
conditions. This procedure would be included in the Emergency 
Procedures section for Model Mystere-Falcon 50 and 900 series 
airplanes, to be implemented in the event of rapid cabin 
depressurization; and in the Abnormal Procedures section for all 
airplanes, to be implemented in the event of too high cabin altitude or 
slow cabin depressurization.

Differences Between Proposed AD and French Airworthiness Directive

    This proposed AD would require that the Abnormal Procedures section 
of the AFM be revised to advise the flightcrew to immediately don 
oxygen masks in the event of too low cabin altitude or slow cabin 
depressurization. The parallel French airworthiness directive 2000-536-
032(B), dated December 27, 2000, does not mandate such a revision. The 
FAA finds that revisions to flight procedures only during emergency 
conditions related to rapid depressurization may not provide the degree 
of safety assurance necessary for these airplanes during all possible 
flight conditions.
    Further, the parallel French airworthiness directive does not 
specify a compliance time by which to revise the AFM. This proposed AD 
would require that the AFM be revised within 10 days.

Cost Impact

    The FAA estimates that 137 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed actions, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $8,220, or $60 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 adding the following new 
airworthiness directive:

Dassault Aviation: Docket 2001-NM-10-AD.

    Applicability: All Model Mystere-Falcon 50, Mystere-Falcon 900, 
and Falcon 900EX series airplanes; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent incapacitation of the flightcrew due to lack of 
oxygen, which could result in their inability to continue to control 
the airplane, accomplish the following:

Revision of Airplane Flight Manual (AFM) Emergency Procedures

    (a) For Model Mystere-Falcon 50 having serial numbers (S/N's) 1 
through 250 inclusive and 252, and Mystere-Falcon 900 series 
airplanes having S/N's 1 through 178 inclusive: Within 10 days after 
the effective date of this AD, revise the Emergency Procedures 
section of the FAA-approved AFM to include the procedures listed in 
Figure 1 of this AD. This revision may be done by inserting a copy 
of Figure 1 into the AFM, as follows:

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[[Page 19729]]

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Revision of AFM Abnormal Procedures Section

    (b) For Model Mystere-Falcon 50 series airplanes as identified 
in paragraph (a) of this AD: Within 10 days after the effective date 
of this AD, revise the Abnormal Procedures section of the AFM to 
include the procedures listed in Figure 2 of this AD. This revision 
may be done by inserting a copy of Figure 2 into the AFM.

[[Page 19730]]

[GRAPHIC] [TIFF OMITTED] TP17AP01.001

    (c) For Model Mystere-Falcon 900 series airplanes as identified 
in paragraph (a) of this AD: Within 10 days after the effective date 
of this AD, revise the Abnormal Procedures section of the AFM by 
including the procedures listed in Figure 3 of this AD. This 
revision may be done by inserting a copy of Figure 3 into the AFM.

[[Page 19731]]

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[[Page 19732]]


[GRAPHIC] [TIFF OMITTED] TP17AP01.003

    (d) For all Model Falcon 900EX series airplanes: Within 10 days 
after the effective date of this AD, revise the Abnormal Procedures 
section of the AFM by including the procedures listed in Figure 4 of 
this AD. This revision may be done by inserting a copy of Figure 4 
into the AFM.

[[Page 19733]]

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[[Page 19734]]


[GRAPHIC] [TIFF OMITTED] TP17AP01.005

    (e) For Model Mystere-Falcon 900 series airplanes having serial 
numbers 179 and subsequent: Within 10 days after the effective date 
of this AD, revise the Abnormal Procedures section of the AFM by 
including the procedures listed in Figure 5 of this AD. This 
revision may be done by inserting a copy of Figure 5 into the AFM.

[[Page 19735]]

[GRAPHIC] [TIFF OMITTED] TP17AP01.006


[[Page 19736]]


[GRAPHIC] [TIFF OMITTED] TP17AP01.007

    (f) For Model Mystere-Falcon 50 series airplanes having serial 
numbers 251, 253, and subsequent: Within 10 days after the effective 
date of this AD, revise the Abnormal Procedures section of the AFM 
by including the procedures listed in Figure 6 of this AD. This 
revision may be done by inserting a copy of Figure 6 into the AFM.

[[Page 19737]]

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[[Page 19738]]


    Note 1: If the manufacturer publishes AFM temporary or general 
revisions that include the corresponding procedures required by 
paragraphs (a) through (f) of this AD, those revisions may be 
incorporated into the AFM, provided the information in the revisions 
is identical to that in the Figures of this AD; and those Figures 
may be removed from the AFM.

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, 
Transport Airplane Directorate, FAA. 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, ANM-116.

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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2000-536-032(B), dated December 27, 2000.


    Issued in Renton, Washington, on April 9, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-9191 Filed 4-16-01; 8:45 am]
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