[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Rules and Regulations]
[Pages 71098-71101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30024]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-418-AD; Amendment 39-12964; AD 2002-23-20]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 900EX and Mystere 
Falcon 900 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 certain Dassault Model Falcon 900EX and Mystere Falcon 
900 series airplanes, that requires repetitive operational tests of the 
flap asymmetry detection system to verify proper functioning, and 
repair, if necessary; repetitive replacement of the inboard flap 
jackscrews with new or reconditioned jackscrews; and repetitive 
measurement of the screw/nut play of the jackscrews on the inboard and 
outboard flaps to detect discrepancies, and corrective action, if 
necessary. This amendment also requires revision of the Airplane Flight 
Manual. 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 jamming of the 
flap jackscrews during the approach to landing, which could result in 
inability to move the flaps or an asymmetric flap condition, and 
consequent reduced controllability of the airplane.

DATES: Effective January 3, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 3, 2003.

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.,

[[Page 71099]]

Renton, Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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: 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 certain Dassault Model Falcon 
900EX and Mystere Falcon 900 series airplanes was published in the 
Federal Register on February 15, 2002 (67 FR 7097). That action 
proposed to continue to require the following actions, which are 
currently required by AD 99-14-07, amendment 39-11218 (64 FR 36561, 
July 7, 1999), for certain Model Falcon 900EX and Mystere Falcon 900 
series airplanes:
    [sbull] Repetitive operational tests of the flap asymmetry 
detection system to verify proper functioning, and repair, if 
necessary;
    [sbull] Repetitive replacement of the inboard flap jackscrews with 
new or reconditioned jackscrews; and
    [sbull] Repetitive measurement of the screw/nut play of the 
jackscrews on the inboard and outboard flaps to detect discrepancies, 
and corrective action, if necessary.
    The action also proposed to require revision of the Airplane Flight 
Manual (AFM).

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.

Request To Add Part Numbers

    One commenter requests adding ``Amdt A'' to the jackscrew part 
numbers (P/Ns) that are already specified by the proposed AD (i.e., P/
Ns 5318-1, 1-5319-1, and 2-5319-1). We concur with the commenter's 
request, noting that the designation of ``Amdt A'' simply indicates a 
reconditioned jackscrew that has been reidentified. As such, we have 
determined that this change further clarifies, but does not change, the 
requirements of this AD. In light of this, we have added P/Ns 5318-1 
Amdt A, 1-5319-1 Amdt A, and 2-5319-1 Amdt A, as appropriate, for those 
P/Ns that have been reconditioned and reidentified. We have revised the 
applicable P/Ns in paragraphs (b) through (h) of the final rule 
accordingly.

Request To Revise Airplane Maintenance Manual References

    The same commenter requests that the final rule reference only 
Chapter 5-40 of the Airplane Maintenance Manual (AMM) for the 
operational testing, inspections, and replacement action. The commenter 
adds that operators are managing the jackscrew life limits and 
inspections, and have planned the spares and maintenance inspections 
based on the actions required by AD 99-14-07. The commenter considers 
that the corrective action can be accomplished only per Chapter 5-40 of 
the AMM.
    We do not concur with the commenter's request that only Chapter 5-
40 of the AMM should be cited in the final rule as the appropriate 
source of service information for the actions required by the proposed 
AD. In order to accomplish the requirements of the proposed AD, it is 
necessary to cite all of the service information references included in 
the proposed AD, which include various AMMs and Temporary Revisions. No 
change to the final rule is necessary in this regard.

Explanation of Changes to the Final Rule

    We have made the following changes to the final rule:
    [sbull] In the Summary section of the final rule, we have clarified 
the requirements for the repetitive replacement action. Although the 
Summary section of the proposed AD specifies repetitive replacement of 
the inboard flap jackscrews ``on the inboard,'' we have deleted the 
term ``on the inboard'' in that section of the final rule because the 
replacement action is also required for the inboard flap jackscrews 
located in the outboard position. The exact location of the affected 
jackscrews is specified in paragraphs (b) through (h) of the final 
rule.
    [sbull] Although paragraphs (c) and (e) of the proposed AD specify 
a reconditioned jackscrew having P/N 5318-1, we have revised those 
paragraphs in the final rule to clarify that the correct P/N of a 
reconditioned jackscrew is P/N 5318-1 Amdt A.
    [sbull] Although paragraphs (c)(1), (e)(1), and NOTE 2 of the 
proposed AD did not include the date of the referenced service 
bulletin, we have added the date (September 16, 1999) in those 
paragraphs in the final rule.
    [sbull] In the proposed AD, paragraph (c)(2) specifies that the 
jackscrew is located on the inboard flap in the ``inboard'' position, 
and paragraph (e)(2) specifies the location of the jackscrew in the 
``outboard'' position. However, because the jackscrew could be located 
in either the inboard or outboard position, we have determined that the 
requirements in those paragraphs are unnecessary and should be deleted. 
In light of this, we have revised the final rule and renumbered the 
subparagraphs accordingly.
    [sbull] In paragraph (d) of the final rule, we have clarified the 
location of the middle jackscrew by specifying that the jackscrew is 
located on the inboard flap and in the outboard position. We have also 
clarified the location of the jackscrew in paragraph (e) of the final 
rule.
    [sbull] Paragraph (i) of the proposed AD incorrectly specifies 
revising the ``Limitations'' Section of the FAA-approved AFM. However, 
we have revised the final rule to specify revising the ``Abnormal 
Procedures'' Section of the AFM, as cited in French airworthiness 
directive 1999-082-024(B) R2, dated September 20, 2000.
    [sbull] We have determined that NOTE 3 in the proposed AD, which 
specifies a change to the general revisions of the AFM, is no longer 
necessary. We have revised the final rule and renumbered the notes 
accordingly.

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

    There are approximately 28 airplanes of U.S. registry that will be 
affected by this AD.
    The costs of performing actions required by AD 99-14-07 and 
retained in this AD for Model Falcon 900EX and Mystere Falcon 900 
series airplanes are described below.
    The repetitive operational test of the flap asymmetry detection 
system 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 repetitive operational test on U.S. operators is 
estimated to be $1,680, or $60 per airplane, per test cycle.
    The measurement of the screw/nut play in the flap jackscrews takes 
approximately 8 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the measurement on U.S. operators is

[[Page 71100]]

estimated to be $13,400, or $480 per airplane, per measurement cycle.
    The repetitive replacement of jackscrews takes approximately 8 work 
hours per airplane to accomplish, at an average labor rate of $60 per 
work hour. New jackscrews cost approximately $21,200 per airplane. 
However, the AD permits a one-time reconditioning and re-use of 
jackscrews, which could reduce the cost of parts by 50%. Based on these 
figures, the cost impact of replacement of jackscrews on U.S. operators 
is estimated to be between $310,240 and $607,040, or between $11,080 
and $21,680 per airplane, per replacement cycle.
    The revision of the AFM 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 AFM revision on U.S. 
operators is $1,680, or $60 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. 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 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 adding the following new 
airworthiness directive:

2002-23-20 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-12964. Docket 2000-NM-418-
AD.

    Applicability: Model Falcon 900EX, serial numbers 04 and up, and 
Mystere Falcon 900 series airplanes, serial numbers 161 and up; 
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 (j)(1) 
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 jamming of the flap jackscrews during the approach to 
landing, which could result in the inability to move the flaps or an 
asymmetric flap condition, and consequent reduced controllability of 
the airplane, accomplish the following:

Repetitive Operational Test

    (a) Within 5 flight cycles after August 11, 1999 (the effective 
date of AD 99-14-07, amendment 39-11218): Perform an operational 
test of the flap asymmetry detection system to ensure that the 
system is functioning correctly, in accordance with the procedures 
specified in Dassault Falcon 900 Airplane Maintenance Manual (AMM) 
27-502, dated January 1995; or Dassault Falcon 900EX AMM 27-502, 
dated September 1996; as applicable. Prior to further flight, repair 
any discrepancy detected, in accordance with a method approved by 
the Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate; or the Direction Generale de l'Aviation Civile (or its 
delegated agent). Repeat the operational test thereafter at 
intervals not to exceed 330 flight hours or 7 months, whichever 
occurs first.

Repetitive Replacement

    (b) Replace each jackscrew having part number (P/N) 5318-1 or 
5318-1 Amdt A, which is located on the inboard flap in the inboard 
position, in accordance with the procedures specified in Dassault 
Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX 
AMM 27-510, dated September 1996; as applicable. The replacement 
jackscrew may be new or may have been reconditioned in accordance 
with paragraph (c) of this AD. Do the initial replacement at the 
earlier of the times specified in paragraphs (b)(1) and (b)(2) of 
this AD. Repeat the replacement of a jackscrew having P/N 5318-1 or 
5318-1 Amdt A thereafter at intervals not to exceed 750 flight 
cycles on the jackscrew located on the inboard flap in the inboard 
position.
    (1) Prior to the accumulation of 1,000 total flight cycles on 
the inboard jackscrew located on the inboard flap in the inboard 
position, or within 25 flight cycles after August 11, 1999, 
whichever occurs later.
    (2) Prior to the accumulation of 750 total flight cycles on the 
inboard jackscrew located on the inboard flap in the inboard 
position, or within 25 flight cycles after the effective date of 
this AD, whichever occurs later.
    (c) A jackscrew having P/N 5318-1 and located on the inboard 
flap in the inboard position may be replaced by a reconditioned 
jackscrew having P/N 5318-1 Amdt A, provided that all of the 
conditions specified in paragraphs (c)(1) and (c)(2) of this AD are 
met.
    (1) The jackscrew has been reconditioned and reidentified as P/N 
5318-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC 
5318-27-01, dated September 16, 1999.
    (2) The jackscrew has been reconditioned only one time.
    (d) Prior to the accumulation of 2,200 total flight cycles on 
the middle jackscrew located on the inboard flap and in the outboard 
position, or within 25 flight cycles after August 11, 1999, 
whichever occurs later: Replace each jackscrew having P/N 5318-1 or 
5318-1 Amdt A on the inboard flap and in the outboard position, in 
accordance with the procedures specified in Dassault Falcon 900 AMM 
27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, 
dated September 1996; as applicable. The replacement jackscrew may 
be new or may have been reconditioned in accordance with paragraph 
(e) of this AD. Repeat the replacement of a jackscrew having P/N 
5318-1 or 5318-1 Amdt A thereafter at intervals not to exceed 2,200 
flight cycles on the jackscrew located on the inboard flap and in 
the outboard position.
    (e) A jackscrew having P/N 5318-1 and located on the inboard 
flap and in the outboard position may be replaced by a reconditioned 
jackscrew having P/N 5318-1 Amdt A, provided that all of the 
conditions specified in paragraphs (e)(1) and (e)(2) of this AD are 
met.

[[Page 71101]]

    (1) The jackscrew has been reconditioned and reidentified as P/N 
5818-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC 
5318-27-01, dated September 16, 1999.
    (2) The jackscrew has been reconditioned only one time.

Repetitive Measurements

    (f) Prior to the accumulation of 1,000 total flight cycles on 
the outboard jackscrews located on the outboard flaps, or within 25 
flight cycles after August 11, 1999, whichever occurs later: Measure 
the screw/nut play of the jackscrews having P/N 1-5319-1 or 1-5319-1 
Amdt A (on the left wing) and P/N 2-5319-1 or 2-5319-1 Amdt A (on 
the right wing) on the outboard flaps, in accordance with the 
procedures specified in Dassault Falcon 900 AMM Temporary Revision 
(TR) 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 
27-514, dated February 1999; as applicable.

    Note 2: Jackscrews having P/N 1-5319-1 or 2-5319-1 may be 
reconditioned in accordance with Dassault Service Bulletin AVIAC 
5319-27-01, dated September 16, 1999. These jackscrews may be 
reconditioned and reused more than one time.

    (1) If the initial measurement is equal to or less than 0.014 
inch: Repeat the measurement thereafter at intervals not to exceed 
330 flight hours or 7 months, whichever occurs first. If any 
repetitive measurement detects a nut/screw play greater than 0.014 
inch, perform the actions required by paragraph (f)(2) of this AD.
    (2) If the initial measurement is greater than 0.014 inch: 
Perform the actions required by paragraphs (f)(2)(i) and (f)(2)(ii) 
of this AD.
    (i) Prior to further flight, replace the jackscrew with a new or 
reconditioned jackscrew, in accordance with Dassault Falcon 900 AMM 
27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, 
dated September 1996; as applicable.
    (ii) Prior to the accumulation of 1,000 total flight cycles on 
the new or reconditioned jackscrew, perform a follow-on measurement 
of the screw/nut play, in accordance with the procedures specified 
in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or 
Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as 
applicable.
    (iii) If any follow-on measurement required by paragraph 
(f)(2)(ii) of this AD detects a nut/screw play equal to or less than 
0.014 inch, perform the actions required by paragraph (f)(1) of this 
AD. If any follow-on measurement required by (f)(2)(ii) of this AD 
detects a nut/screw play greater than 0.014 inch, perform the 
actions required by paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
    (g) Prior to the accumulation of 600 total flight cycles on the 
jackscrew located on the inboard flap in the inboard position, or 
within 25 flight cycles after the effective date of this AD, 
whichever occurs later: Measure the screw/nut play of the jackscrew 
having P/N 5318-1 or 5318-1 Amdt A, which is located on the inboard 
flap in the inboard position to detect discrepancies, in accordance 
with the procedures specified in Dassault Falcon 900 AMM TR 27-514, 
dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated 
February 1999; as applicable. If the measurement is greater than 
0.014 inch, prior to further flight, replace the discrepant 
jackscrew with a new or reconditioned jackscrew, in accordance with 
the applicable maintenance manual.
    (h) Prior to the accumulation of 1,000 total flight cycles on 
the jackscrew located on the inboard flap in the outboard position, 
or within 25 flight cycles after the effective date of this AD, 
whichever occurs later: Measure the screw/nut play of the jackscrew 
having P/N 5318-1 or 5318-1 Amdt A, which is located on the inboard 
flap in the outboard position, in accordance with the procedures 
specified in Dassault Falcon 900 AMM TR 27-514, dated February 1999; 
or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as 
applicable.
    (1) If the initial measurement is equal to or less than 0.014 
inch: Repeat the measurements thereafter at intervals not to exceed 
330 flight hours or 7 months, whichever occurs first. If any 
repetitive measurement detects a nut/screw play greater than 0.014 
inch, perform the actions required by paragraph (h)(2) of this AD.
    (2) If the initial measurement is greater than 0.014 inch: 
Perform the actions required by paragraphs (h)(2)(i) and (h)(2)(ii) 
of this AD.
    (i) Prior to further flight, replace the discrepant jackscrew 
with a new or reconditioned jackscrew, in accordance with Dassault 
Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX 
AMM 27-510, dated September 1996; as applicable.
    (ii) Prior to the accumulation of 1,000 total flight cycles on 
the new or reconditioned jackscrew perform a follow-on measurement 
of the screw/nut play, in accordance with the procedures specified 
in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or 
Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as 
applicable.
    (iii) If any follow-on measurement required by paragraph 
(h)(2)(ii) of this AD detects a nut/screw play equal to or less than 
0.014 inch, perform the actions required by paragraph (h)(1) of this 
AD. If any follow-on measurement required by paragraph (h)(2)(ii) of 
this AD detects a nut/screw play greater than 0.014 inch, perform 
the actions required by paragraphs (h)(2)(i) and (h)(2)(ii) of this 
AD.

Airplane Flight Manual Revision

    (i) Within 7 days after the effective date of this AD: Revise 
the Abnormal Procedures Section of the FAA-approved Airplane Flight 
Manual (AFM) to include the following statement (this may be 
accomplished by inserting a copy of this AD in the AFM):
    ``In case of discrepancy between the control position and flap 
position indicator, do not change flap position control handle. 
Apply flight manual abnormal procedure `Flight controls--system 
jamming or asymmetry' for approach speed and landing distance.''

Alternative Methods of Compliance

    (j)(1) 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. 
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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 99-14-07, amendment 39-11218, are not considered 
to be approved as alternative methods of compliance with this AD.

Special Flight Permits

    (k) 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

    (l) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Dassault Falcon 900 Airplane Maintenance 
Manual Temporary Revision 27-514, dated February 1999; or Dassault 
Falcon 900EX Airplane Maintenance Manual Temporary Revision 27-514, 
dated February 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 directive 1999-082-024(B) R2, dated September 20, 
2000.

Effective Date

    (m) This amendment becomes effective on January 3, 2003.

    Issued in Renton, Washington, on November 19, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-30024 Filed 11-27-02; 8:45 am]
BILLING CODE 4910-13-P