[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33340-33344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11052]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-244-AD; Amendment 39-14116; AD 2005-11-14]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dassault Model Mystere-Falcon 50 and 900 series 
airplanes, and Model Falcon 2000 and 900EX series airplanes. This 
proposal requires 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 requires 
installing a deactivation locking collar on certain circuit breakers. 
For certain airplanes, this proposal also requires modifying the wiring 
of the global positioning/inertial reference system. This action is 
necessary to prevent the erroneous cockpit display of ground speed, 
wind velocity and direction, flight path angle, and true track angle 
when using certain autopilot and/or flight management system functions. 
Erroneous cockpit displays could cause the pilot to lose situational 
awareness, and possibly lose control of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective July 13, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 13, 2005.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606.

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 Mystere-
Falcon 50 and 900 series airplanes, and Model Falcon 2000 and 900EX 
series airplanes, was published in the Federal Register on April 27, 
2004 (69 FR 22745). That action proposed to require temporary changes 
to the Airplane Flight Manual (AFM) 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, that action proposed to require installing a 
deactivation locking collar on certain circuit breakers. For certain 
airplanes, that action proposed to require modifying the wiring of the 
global positioning/inertial reference system (GP/IRS).

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 Change Applicability

    One commenter, an airplane operator, requests that the proposed 
applicability be changed to exclude airplanes that are equipped with 
Universal Navigation (UNS-1C) flight management systems with self-
contained GPS. The commenter points out that airplanes with UNS-1C do 
not display the unsafe condition identified in the proposal. The 
commenter states that it is not clear in the proposal whether or not 
the applicability includes airplanes with UNS-1C.
    We do not agree with the commenter. The airplane manufacturer 
advises that airplanes may have been delivered with the UNS-1C system 
installed, but states that there is no assurance that these airplanes 
have not since been modified into a condition that will exhibit the 
unsafe condition. The manufacturer has addressed this issue in the 
service bulletins listed in the proposal. In addition, the 
applicability statement already specifies that the proposal applies 
only to airplanes that are

[[Page 33341]]

equipped with the subject Gp/IRS, and specifies the GP/IRS by part 
number. We have not changed the final rule for this issue.

Request To Revise the Proposal To Account for Airplanes Equipped With 
Different Avionics

    Another commenter, an avionics manufacturer, requests that the 
proposal be revised to account for airplanes that are not equipped with 
the subject GP/IRS, but are instead equipped with different avionics. 
The commenter points out that airplanes equipped with the different 
avionics have a different GPS. The commenter wishes to avoid loss of 
function by operators of Falcon airplanes that are equipped with the 
different avionics.
    We disagree with the request to revise the proposal. The 
applicability statement already specifies that the proposal applies 
only to airplanes that are equipped with the subject GP/IRS, and 
specifies the GP/IRS by part number. Therefore, the proposal does not 
apply to airplanes equipped with the different avionics that have a 
different GPS. In addition, the commenter provides various edits to the 
preamble of the proposal, but does not suggest any substantive changes 
to the body of the AD or provide data to support its position. The 
preamble contains information that is not usually carried over to the 
final rule. We have not changed the final rule in this regard.

Request To Remove ``Interim Action'' Paragraph

    The same commenter requests that we remove the paragraph titled 
``Interim Action'' in the proposal. The commenter states that there is 
an interim step in the proposal, which is the option to pull the GPS 
circuit breakers or to fly with a navigational restriction. The 
commenter further states, however, that the proposal also provides the 
terminating action of a wiring modification, which cancels both the 
option of pulling the GPS circuit breakers and the navigational 
restrictions. In the commenter's opinion, this wiring modification 
represents the final action in the proposal.
    We agree with the commenter that the proposal is not interim 
action. The actions described in paragraphs (c) and (d) of the proposal 
are terminating action for the pulled GPS circuit breakers and the 
navigational restrictions. We have removed the ``Interim Action'' 
paragraph from the final rule.

Request To Clarify Statement of Unsafe Condition

    One commenter, the airplane manufacturer, requests that we clarify 
the statement of the unsafe condition. This statement is located above 
paragraph (a) and in the ``Summary'' paragraph of the proposal. The 
commenter states that the unsafe condition, as worded in the proposed 
AD, does not have enough detailed information to be clear and accurate 
for readers.
    We agree with the commenter. The revisions to the statement, 
provided by the commenter, clarify the unsafe condition. Therefore, we 
have revised the statement in the final rule to incorporate the 
commenter's suggestions.

Request To Revise Service Bulletin Dates

    One commenter, the airplane manufacturer, notes that the dates on 
some of the referenced service bulletins are incorrect. The commenter 
states that all service bulletins should be dated October 29, 2003.
    We agree that the proposal should have the correct dates for all 
service bulletins. We examined the copies of the service bulletins that 
we had when we wrote the proposal, and found that four are dated 
October 15, 2003. We discussed this discrepancy with the commenter and 
determined that the service bulletins dated October 15, 2003, are 
review copies that were sent to the FAA and to the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) for concurrence. We 
requested that the commenter provide us with copies of the four service 
bulletins, dated October 29, 2003, and found that the procedures in the 
four service bulletins dated October 29, 2003, are virtually identical 
to those dated October 15, 2003. As listed in the following table, the 
October 15 service bulletins and the October 29 service bulletins have 
the same revision level.

                                   Service Bulletin Dates and Revision Levels
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     Dassault service bulletin         Review copy date       Final copy date             Revision level
----------------------------------------------------------------------------------------------------------------
F900-318..........................  October 15, 2003.....  October 29, 2003.....  1.
F900-324..........................  October 15, 2003.....  October 29, 2003.....  Original.
F900EX-190........................  October 15, 2003.....  October 29, 2003.....  Original.
F2000-285.........................  October 15, 2003.....  October 29, 2003.....  Original.
----------------------------------------------------------------------------------------------------------------

    The manufacturer assures us that no members of the public received 
review copies of the service bulletins, dated October 15, 2003. 
Therefore, we have changed the final rule to reference the October 29, 
2003, final versions of the service bulletins as the acceptable source 
of service information for the applicable actions in the final rule.

Request To Revise Paragraph (d) To Include Terminating Action for 
Certain Airplanes

    One commenter, the airplane manufacturer, does not agree with 
paragraph (c) of the proposal. The commenter, the airplane 
manufacturer, states that deactivating the GPS is not the specific 
terminating action for the F2000 airplane with head-up display (HUD), 
or for the Falcon 50 airplane. The commenter requests that we revise 
paragraph (d) to reflect the appropriate terminating action for these 
airplanes; this terminating action is either following the navigational 
restrictions or deactivating the GPS.
    We partially agree with the commenter. We agree that the language 
of proposed paragraph (c) is misleading because it states that 
deactivating the GPS is the only terminating action for these 
airplanes. However, we do not agree with the recommendation to revise 
paragraph (d) to reflect the appropriate information. We have 
determined that paragraph (b) is the appropriate place to put the 
requested change. Paragraph (b) of the proposal requires that operators 
revise the limitations section of the AFM to allow either following the 
navigational restrictions or deactivating the GPS. Also, we realize 
that an MF50 service bulletin (Falcon 50 Service Bulletin F50-416, 
dated October 29, 2003) was referenced in the proposal as being 
required for the mandatory wiring modification. This was an error, as 
that action is not mandatory for the MF50, and also is not consistent 
with the

[[Page 33342]]

French airworthiness directive. Therefore, we have revised Table 2 in 
paragraph (a)(2) to remove the reference to Falcon 50 Service Bulletin 
F50-416, dated October 29, 2003; and paragraphs (b)(3) and (b)(4) of 
the final rule to reflect the appropriate terminating action and 
include the commenter's requested change.

Request To Clarify Compliance Time in Paragraph (c)

    The same commenter notes that the ``prior to further flight'' 
statement in paragraph (c) of the proposal does not correspond with the 
seven-day compliance time for revising the AFM that is required by 
paragraph (b) of the proposal. The commenter further notes that the 
seven-day compliance time is referenced in the paragraph titled 
``Differences Between French Airworthiness Directive and This Proposed 
AD.''
    From this comment we infer that the compliance time for paragraph 
(c) is unclear. Paragraph (b) of the proposal requires that operators 
revise the AFM within seven days after the effective date of the AD, 
and, thereafter, to operate the airplane within the limitations 
specified by the AFM revision. For some airplanes, one of those 
limitations is to deactivate the GPS. The opening sentence of paragraph 
(c) of the proposal states, ``For airplanes on which the GPS is 
deactivated in accordance with the applicable temporary change (TC) 
specified in paragraph (b) of this AD: Prior to further flight, install 
a deactivation locking collar * * *.'' The purpose of paragraph (c) is 
to ensure that operators who deactivate the GPS in accordance with the 
AFM limitations referenced in paragraph (b) of the proposal will 
install a locking collar prior to further flight after deactivating the 
GPS. The AFM revision is required within seven days after the effective 
date of the proposal, therefore the limitations in the AFM (including 
deactivating the GPS) are not required until seven days after the 
effective date of the final rule. To ensure that this compliance time 
is clear, we have changed paragraph (c) of the final rule to state, 
``Prior to further flight after deactivating the GPS.''

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

    The FAA estimates that 543 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the TCs to the AFM, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $35,295, or $65 per 
airplane.
    For airplanes that require the wiring modification required by this 
AD, we estimate that it will take approximately 2 work hours per 
airplane to accomplish the modification. Based on these figures, the 
cost impact of this 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 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

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:

2005-11-140 Dassault Aviation: Amendment 39-14116. 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 cockpit display of ground speed, wind 
velocity and direction, flight path angle, and true track angle when 
using certain autopilot and/or flight management system functions; 
which could cause the pilot 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 33343]]



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

Airplane Flight Manual Revisions

    (b) Within 7 days after the effective date of this AD: Revise 
the applicable 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 
Dassault Temporary Change (TC) 15, dated September 23, 2003, to the 
Dassault Mystere-Falcon 900 AFM, Document FM900C.
    (2) Revise the Limitations Section to include the information in 
Dassault TC 57, dated September 23, 2003, to the Dassault Falcon 
900EX AFM, Document DTM561.
    (3) Revise the Limitations Section to include the information in 
Dassault TC 61, dated September 23, 2003, to the Dassault Mystere-
Falcon 50 AFM, Document FM813EX. Compliance with the provisions of 
TC 61 constitutes terminating action for the requirements of this AD 
for all Mystere-Falcon 50 series airplanes.
    (4) Revise the Limitations Section to include the information in 
Dassault TC 122, dated September 23, 2003, to the Dassault Falcon 
2000 AFM, Document DTM537. Compliance with the provisions of 
Dassault TC 122 constitutes terminating action for the requirements 
of this AD for all Model Falcon 2000 series airplanes not equipped 
with head-up display (HUD).

    Note 1: When the information in Dassault 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 Dassault 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 after deactivating the GPS, 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 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, ANM-116, 
International Branch, FAA, Transport Airplane Directorate, is 
authorized to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions must be 
done in accordance with the applicable service bulletins listed in 
Table 3 of this AD, and the applicable temporary changes listed in 
Table 4 of this AD.

                         Table 3.--Material Incorporated by Reference--Service Bulletins
----------------------------------------------------------------------------------------------------------------
        Dassault service bulletin                    Revision                              Date
----------------------------------------------------------------------------------------------------------------
F2000-273................................  1...........................  October 29, 2003.
F2000-285................................  Original....................  October 29, 2003.
F50-424..................................  Original....................  October 29, 2003.
F900-318.................................  1...........................  October 29, 2003.
F900-324.................................  Original....................  October 29, 2003.
F900EX-181...............................  1...........................  October 29, 2003.
F900EX-190...............................  Original....................  October 29, 2003.
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                         Table 4.--Material Incorporated by Reference--Temporary Changes
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                                                                 Dassault airplane flight
      Dassault temporary change                  Date                     manual                  Document
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15...................................  September 23, 2003......  Mystere-Falcon 900......  FM900C.
57...................................  September 23, 2003......  Falcon 900EX............  DTM561.
61...................................  September 23, 2003......  Mystere-Falcon 50.......  FM813EX.

[[Page 33344]]

 
122..................................  September 23, 2003......  Falcon 2000.............  DTM537.
----------------------------------------------------------------------------------------------------------------

    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. To get copies of this service information, contact Dassault 
Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606. To 
inspect copies of this service information, go to the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
to the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (g) This amendment becomes effective on July 13, 2005.

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11052 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-13-P