[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4232-4234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1770]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-276-AD; Amendment 39-13439; AD 2004-02-04]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 900EX 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 900EX series airplanes. This 
action requires revising the airplane flight manual to advise the 
flightcrew about limitations on operating in icing conditions, and to 
require that the airplane be operated per these limitations. This 
action is necessary to ensure that the flightcrew is aware of the 
potential for reductions in climb performance in certain situations 
while operating in icing conditions, and the actions they must take to 
avoid this condition, which could result in an inability to avoid low-
level obstacles during takeoff and consequent controlled flight into 
terrain. This action is intended to address the identified unsafe 
condition.

DATES: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 1, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-276-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 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 the Internet must contain 
``Docket No. 2003-NM-276-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    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: 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: The Direction G[eacute]n[eacute]rale 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 Falcon 900EX series airplanes. The DGAC

[[Page 4233]]

advises that a design review identified a situation in which use of 
bleed air during icing conditions, in a situation in which one engine 
on the airplane is not operating, could cause the remaining engines to 
exceed the maximum Inter-stage Turbine Temperature (ITT). This could 
induce a reduction in engine thrust. This condition, if not corrected, 
could result in a reduction in the airplane's climb performance, 
leading to an inability to avoid low-level obstacles during takeoff, 
and consequent controlled flight into terrain.

Explanation of Relevant Service Information

    Dassault has issued the following Temporary Changes (TCs) to the 
Falcon 900EX Airplane Flight Manuals (AFM), Documents DTM561 and 
DGT84972:
     TC 63 to the Falcon 900EX AFM, Document DTM561; 
and TC 2 to the Falcon 900EX AFM, Document DGT84972; both dated 
December 17, 2003; which describe revisions to the Limitations, 
Performance, Emergency Procedures, and Abnormal Procedures sections of 
the AFM. The revisions to the Limitations and Performance sections 
advise the flightcrew of reductions in performance during operations in 
icing conditions. The revisions to the Emergency Procedures and 
Abnormal Procedures sections advise the flightcrew of the need to 
monitor ITT and make necessary adjustments in certain situations 
involving engine failure during icing conditions.
     TC 65 to the Falcon 900EX AFM, Document DTM561; 
and TC 5 to the Falcon 900EX AFM, Document DGT84972; both dated 
December 17, 2003; which describe revisions to the Performance section 
of the AFM to advise the flightcrew of reductions in expected 
performance during operations in icing conditions.
     Supplement 19 D, Revision 2, to the Falcon 900EX 
AFM, Document DTM561, dated December 17, 2003, which describes a 
revision to the Supplements section of the AFM for certain airplanes 
operating with certain software or modifications. This revision advises 
of limitations on operations with the anti-ice system activated.
    The DGAC classified these TCs to the AFMs as mandatory and issued 
French emergency airworthiness directive U F-2003-464 to ensure the 
continued airworthiness of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 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 ensure that the 
flightcrew is aware of the potential for reductions in climb 
performance in certain situations while operating in icing conditions, 
and the actions they must take to avoid this condition, which could 
result in an inability to avoid low-level obstacles during takeoff and 
consequent controlled flight into terrain. This AD requires revising 
the AFM to advise the flightcrew about limitations on operating in 
icing conditions, and to require that the airplane be operated per 
these limitations.

Difference Between French Emergency Airworthiness Directive and This AD

    For the AFM revisions, the French emergency airworthiness directive 
specifies a compliance time of before the next flight upon receipt of 
the emergency airworthiness directive. This AD provides a compliance 
time of 7 days after the effective date of this AD. In developing an 
appropriate compliance time for this AD, we considered the DGAC's 
recommendation, as well as the degree of urgency associated with the 
subject unsafe condition. In light of these factors, we find that a 7-
day compliance time represents an appropriate interval of time for 
affected airplanes to continue to operate without compromising safety.

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 2003-NM-276-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

[[Page 4234]]

regulatory action'' under Executive 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-02-04 Dassault Aviation: Amendment 39-13439. Docket 2003-NM-
276-AD.

    Applicability: All Model Falcon 900EX series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew is aware of the potential for 
reductions in climb performance in certain situations while 
operating in icing conditions, and the actions they must take to 
avoid this condition, which could result in an inability to avoid 
low-level obstacles during takeoff and consequent controlled flight 
into terrain, accomplish the following:

Airplane Flight Manual (AFM) Revisions

    (a) Within 7 days after the effective date of this AD: Revise 
the Falcon 900EX AFM by accomplishing paragraphs (a)(1), (a)(2), and 
(a)(3) of this AD, as applicable, except as provided by paragraph 
(b) of this AD. Thereafter, operate the airplane per the limitations 
specified in these AFM revisions.
    (1) Revise the Limitations, Performance, Emergency Procedures, 
and Abnormal Procedures sections of the AFM to include the 
information in Temporary Change (TC) 63 to the Falcon 900EX AFM, 
Document DTM561; or TC 2 to the Falcon 900EX AFM, Document DGT84972; 
both dated December 17, 2003; as applicable.
    (2) Revise the Performance section of the AFM to include the 
information in TC 65 to the Falcon 900EX AFM, Document DTM561; or TC 
5 to the Falcon 900EX AFM, Document DGT84972; both dated December 
17, 2003; as applicable.
    (3) Revise the Supplements section of the AFM to include the 
information in Supplement 19 D, Revision 2, to the Falcon 900EX AFM, 
Document DTM561, dated December 17, 2003.

    Note 1: When information identical to that in the applicable TCs 
specified in paragraphs (a)(1), (a)(2), and (a)(3) of this AD, as 
applicable, has been included in the general revisions of the AFM, 
the general revisions may be inserted into the AFM, and the TCs may 
be removed from the AFM.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (c) The actions shall be done in accordance with Temporary 
Change 2 to the Falcon 900EX Airplane Flight Manual, Document 
DGT84972, dated December 17, 2003, and Temporary Change 5 to the 
Falcon 900EX Airplane Flight Manual, Document DGT84972, dated 
December 17, 2003; or Temporary Change 63 to the Falcon 900EX 
Airplane Flight Manual, Document DTM561, dated December 17, 2003, 
and Temporary Change 65 to the Falcon 900EX Airplane Flight Manual, 
Document DTM561, dated December 17, 2003, and Supplement 19 D, 
Revision 2, to the Falcon 900EX Airplane Flight Manual, Document 
DTM561, dated December 17, 2003; as applicable. (Only the first page 
of the Temporary Changes contain the document date; no other page of 
those documents contains this information.) Supplement 19 D, 
Revision 2, to the Falcon 900EX Airplane Flight Manual, DTM561, 
dated December 17, 2003, contains the following effective pages:

------------------------------------------------------------------------
                       Revision level shown on
     Page number                page               Date shown on page
------------------------------------------------------------------------
1, 5, 8.............  Revision 1..............  June 6, 2003.
2, 4................  Revision 2..............  December 17, 2003.
3, 6, 7, 9, 10......  Original................  May 4, 2001.
------------------------------------------------------------------------

(The revision dates are only located in the Log of Pages and 
Revisions listed on page 2 of this Supplement; no other page 
contains this information.) 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 2: The subject of this AD is addressed in French emergency 
airworthiness directive U F-2003-464.

Effective Date

    (d) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on January 20, 2004.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1770 Filed 1-28-04; 8:45 am]
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