[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Proposed Rules]
[Pages 22745-22748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9500]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-244-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dassault Model Mystere-
Falcon 50 and 900 series airplanes, and Model Falcon 2000 and 900EX 
series airplanes. This proposal would require temporary changes to the 
Airplane Flight Manual to prohibit the use of certain functions 
depending on whether or not the operator chooses to deactivate the 
global positioning system (GPS). For airplanes on which the GPS is 
deactivated, this proposal would require installing a deactivation 
locking collar on certain circuit breakers. For certain airplanes, this 
proposal would also require modifying the wiring of the global

[[Page 22746]]

positioning/inertial reference system. This action is necessary to 
prevent the erroneous display of speed to the flightcrew, when using 
certain functions, which could cause the flightcrew to lose situational 
awareness, and possibly lose control of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by May 27, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-244-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 fax or the Internet must 
contain ``Docket No. 2002-NM-244-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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.

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 Number 2002-NM-244-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. 2002-NM-244-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on certain Dassault Model Mystere-Falcon 
50 and 900 series airplanes, and Model Falcon 2000 and 900EX series 
airplanes. The DGAC advises that the global positioning/inertial 
reference system (GP/IRS) that computes speeds using input from both 
the global positioning system (GPS) and the inertial reference system 
(IRS) may receive erroneous information from the GPS. The hybrid speeds 
that the GP/IRS computes are used to enhance the accuracy of some 
navigation information. However, the inputs received from the GPS are 
not checked for accuracy, which can cause the GP/IRS to compute 
erroneous parameters from the GPS speed data. This condition, if not 
corrected, could result in the erroneous display of speed to the 
flightcrew, when using certain functions, which could cause the 
flightcrew to lose situational awareness, and possibly lose control of 
the airplane.

Explanation of Relevant Service Information

    Dassault has issued Service Bulletin F2000-273, Revision 1, dated 
October 29, 2003; Falcon Service Bulletin F900EX-181, Revision 1, dated 
October 29, 2003; Service Bulletin F900-318, Revision 1, dated October 
15, 2003; and Falcon 50 Service Bulletin F50-416, dated October 29, 
2003. These service bulletins describe procedures for modifying the GP/
IRS wiring to ensure that the GP/IRS does not receive hybrid data from 
the GPS and the IRS. This modification includes modifying certain 
strapping and disconnecting and stowing certain wires, as applicable, 
depending on the airplane configuration.
    Dassault has also issued the following temporary changes (TC) to 
the Airplane Flight Manuals (AFM). These TCs prohibit the use of 
certain functions, depending on whether or not the operator chooses to 
deactivate the GPS prior to further flight.
     TC 15 to the Mystere-Falcon 900 AFM, Document 
FM900C, dated September 23, 2003.
     TC 57 to the Falcon 900EX AFM, Document DTM561, 
dated September 23, 2003.
     TC 61 to the Mystere-Falcon 50 AFM, Document 
FM813EX, dated September 23, 2003.
     TC 122 to the Falcon 2000 AFM, Document DTM 537, 
dated September 23, 2003.
    The DGAC classified these service bulletins and TCs to the AFMs as 
mandatory and issued French airworthiness directive 2003-409(B), dated 
October 29, 2003 to ensure the continued airworthiness of these 
airplanes in France.
    Should an operator choose to de-activate the GPS, Service Bulletin 
F2000-285, dated October 15, 2003; Service Bulletin F900EX-190, dated 
October 15, 2003; Service Bulletin F900-324, dated October 15, 2003; 
and Service Bulletin F50-424, dated October 29, 2003; describe 
procedures for deactivating the GPS by installing a locking collar on 
certain circuit breakers on the overhead panel.

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

[[Page 22747]]

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 accomplishment of 
the actions specified in the applicable service bulletins and TCs 
described previously, except as discussed below.

Difference Between the Proposed AD and Some Service Bulletins

    Operators should note that, although the Accomplishment 
Instructions of some of the referenced service bulletins describe 
procedures for submitting a reporting card to the manufacturer, this 
proposed AD would not require those actions.

Differences Between French Airworthiness Directive and This Proposed AD

    For the AFM revisions, the French airworthiness directive specifies 
a compliance time of before the next flight following the effective 
date of that AD. This proposed AD provides a compliance time of 7 days 
after the effective date of this AD. In developing an appropriate 
compliance time for this proposed 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.
    The applicability of the French airworthiness directive excludes 
airplanes that accomplished Dassault Service Bulletins F2000-273, 
F900EX-181, F900-318, or F50-416, as applicable, in service. However, 
we have not excluded those airplanes in the applicability of this 
proposed AD; rather, this proposed AD includes a requirement to 
accomplish the actions specified in those service bulletins. Such a 
requirement would ensure that the actions specified in the service 
bulletins and required by this proposed AD are accomplished on all 
affected airplanes. Operators must continue to operate the airplane in 
the configuration required by this proposed AD unless an alternative 
method of compliance is approved.

Interim Action

    We consider this proposed AD interim action for Model Falcon 2000 
series airplanes equipped with head-up display; for Model Falcon 900EX 
series airplanes; and for Model Mystere-Falcon 900 series airplanes. If 
final action is later identified, we may consider further rulemaking 
then.

Cost Impact

    The FAA estimates that 543 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed temporary changes to the 
Airplane Flight Manual, and that the average labor rate is $65 per work 
hour. Based on these figures, the cost impact of this proposed action 
on U.S. operators is estimated to be $35,295, or $65 per airplane.
    For airplanes that require the wiring modification proposed by this 
AD, we estimate that it would take approximately 2 work hours per 
airplane to accomplish the modification. Based on these figures, the 
cost impact of this proposed action on U.S. operators is estimated to 
be $130 per airplane.
    The cost impact figures discussed above are 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 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 2002-NM-244-AD.

    Applicability: Model Mystere-Falcon 50 and Model Falcon 2000 
series airplanes equipped with Global Positioning/Inertial Reference 
System (GP/IRS) part number (P/N) HG2001-GC02, P/N HG2001-GC03, or 
P/N HG2001-GD03; Model Mystere-Falcon 900 and Model Falcon 900EX 
series airplanes equipped with GP/IRS P/N HG2001-GC03 or P/N HG2001-
GD03; except those airplanes on which one of the following has been 
incorporated during production: Dassault Modification M2004, M3386, 
or M2873; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the erroneous display of speed to the flightcrew, 
when using certain functions, which could cause the flightcrew to 
lose situational awareness, and possibly lose control of the 
airplane, accomplish the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For the installation specified in paragraph (c) of this AD, 
the applicable service bulletin in Table 1 of this AD.

[[Page 22748]]



       Table 1.--Service Bulletins for Paragraph (c) Installation
------------------------------------------------------------------------
        Service bulletin                 Date                Model
------------------------------------------------------------------------
F2000-285.......................  October 15, 2003..  Falcon 2000.
F900EX-190......................  October 15, 2003..  Falcon 900EX.
F900-324........................  October 15, 2003..  Mystere-Falcon
                                                       900.
F50-424.........................  October 29, 2003..  Mystere-Falcon 50.
------------------------------------------------------------------------

    (2) For the modification specified in paragraph (d) of this AD, 
the applicable service bulletin in Table 2 of this AD. Although the 
Accomplishment Instructions of some of these service bulletins 
describe procedures for submitting a reporting card to the 
manufacturer, this AD does not require those actions.

                           Table 2.--Service Bulletins for Paragraph (d) Modification
----------------------------------------------------------------------------------------------------------------
           Service bulletin                    Revision                   Date                    Model
----------------------------------------------------------------------------------------------------------------
F2000-273............................  1......................  October 29, 2003.......  Falcon 2000 equipped
                                                                                          with head-up display
                                                                                          (HUD).
F900EX-181...........................  1......................  October 29, 2003.......  Falcon 900EX.
F900-318.............................  1......................  October 15, 2003.......  Mystere-Falcon 900.
F50-416..............................  Original...............  October 29, 2003.......  Mystere-Falcon 50.
----------------------------------------------------------------------------------------------------------------

Airplane Flight Manual Revisions

    (b) Within 7 days after the effective date of this AD: Revise 
the Airplane Flight Manual (AFM) by accomplishing paragraphs (b)(1), 
(b)(2), (b)(3) and (b)(4) of this AD, as applicable. Thereafter, 
operate the airplane per the limitations specified in these AFM 
revisions.
    (1) Revise the Limitations Section to include the information in 
TC 15 to the Mystere-Falcon 900 AFM, Document FM900C, dated 
September 23, 2003.
    (2) Revise the Limitations Section to include the information in 
TC 57 to the Falcon 900EX AFM, Document DTM561, dated September 23, 
2003.
    (3) Revise the Limitations Section to include the information in 
TC 61 to the Mystere-Falcon 50 AFM, Document FM813EX, dated 
September 23, 2003.
    (4) Revise the Limitations Section to include the information in 
TC 122 to the Falcon 2000 AFM, Document DTM537, dated September 23, 
2003.

    Note 1: When the information in TCs 15, 57, 61, and 122 has been 
included in general revisions of the AFM, the TCs may be removed 
from the AFM, provided the relevant information in the general 
revision is identical to that in TCs 15, 57, 61, and 122.

Installation of Deactivation Locking Collars

    (c) For airplanes on which the GPS is deactivated in accordance 
with the applicable TC specified in paragraph (b) of this AD: Prior 
to further flight, install a deactivation locking collar on each GPS 
1 and GPS 2 circuit breaker in accordance with the applicable 
service bulletin. This installation constitutes terminating action 
for the requirements of this AD for Model Falcon 2000 series 
airplanes that are not equipped with head-up display (HUD), and for 
Model Mystere-Falcon 50 series airplanes.

Wiring Modification

    (d) For Model Falcon 2000 series airplanes equipped with HUD; 
for Model Falcon 900EX series airplanes; and for Model Mystere-
Falcon 900 series airplanes: Within 25 months after the effective 
date of this AD, modify the GP/IRS wiring in accordance with the 
applicable service bulletin. After this modification has been 
completed, the applicable TC required by paragraph (b) of this AD 
may be removed from the AFM.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2003-409(B), dated October 29, 2003.


    Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9500 Filed 4-26-04; 8:45 am]
BILLING CODE 4910-13-P