[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Proposed Rules]
[Pages 1580-1582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33178]



[[Page 1580]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8426; Directorate Identifier 2015-NM-006-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Dassault Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 
900EX airplanes, and FALCON 2000EX airplanes. This proposed AD was 
prompted by a report that during a test flight, it was found that the 
yaw damper on the takeoff roll can increase the Minimum Control Speed 
on Ground (Vmcg). This proposed AD would require revising the airplane 
flight manual to incorporate procedures for the flightcrew to check 
that the yaw damper is set to off before takeoff. We are proposing this 
AD to ensure that the flightcrew has procedures to set the yaw damper 
to ``off'' before takeoff, which, if activated, could result in reduced 
control of the airplane if one engine were to fail during takeoff.

DATES: We must receive comments on this proposed AD by February 29, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may 
view this referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8426; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-
1137; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-8426; 
Directorate Identifier 2015-NM-006-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0005, dated January 14, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Dassault 
Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 900EX airplanes, 
and FALCON 2000EX airplanes. The MCAI states:

    During a flight test on a development aeroplane, it was found 
that the yaw damper (YD) working on the take-off roll can increase 
the Minimum Control Speed on Ground (Vmcg). A review of the 
certification data of the affected aeroplanes shows that Vmcg values 
published in the Airplane Flight Manuals (AFM) have been determined 
without YD.
    This condition, if not corrected, could result, in case of an 
engine failure occurring during the roll acceleration [during 
takeoff], in reduced lateral control of the aeroplane.
    To address this condition, Dassault Aviation developed Change 
Proposals (CP) and Temporary Changes (TC) to the applicable AFMs, 
which instruct flight crews to check that yaw damper is set to 
``off'' before take-off.
    For the reasons described above, this [EASA] AD requires an 
amendment of the applicable AFM.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8426.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Change Proposal 17 (CP017), ``AFM: Yaw Damper Off in Line 
Up Procedure,'' dated January 23, 2015, to the Dassault Falcon 2000EX 
Airplane Flight Manual, DGT84278.
     Change Proposal 46 (CP046), ``AFM: Yaw Damper Off In Line 
Up Procedure,'' dated December 15, 2014, to the Dassault Falcon 2000EX 
EASy Version, Airplane Flight Manual, DGT88898.
     Change Proposal 118 (TC118), ``AFM: Yaw Damper Off In Line 
Up Procedure,'' dated December 18, 2014, to the Dassault Myst[egrave]re 
Falcon 900 Airplane Flight Manual, DTM20103.
     Change Proposal 48 (TC048), ``AFM: Yaw Damper Off In Line 
Up Procedure,'' dated December 16, 2014, to the Dassault Myst[egrave]re 
Falcon 900, F900C Version, Airplane Flight Manual (FM900C), TC048.
     Change Proposal 12 (CP012), ``AFM: Yaw Damper Off In Line 
Up Procedure,'' Dassault Falcon 900EX Airplane Flight Manual DTM561.
     Change Proposal 31 (CP031), ``AFM: Yaw Damper Off In Line 
Up Procedure,'' Dassault Falcon 900EX EASy, Airplane Flight Manual 
DGT84972).
    The service information describes procedures for the flightcrew to 
check that the yaw damper is set to off before takeoff. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this NPRM.

[[Page 1581]]

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 284 airplanes of U.S. 
registry.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $24,140, or $85 
per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Dassault Aviation: Docket No. FAA-2015-8426; Directorate Identifier 
2015-NM-006-AD.

(a) Comments Due Date

    We must receive comments by February 29, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to airplanes specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Dassault Aviation Model MYSTERE-FALCON 900 airplanes, all 
serial numbers.
    (2) Dassault Aviation Model FALCON 900EX airplanes, all serial 
numbers, except airplanes with ``EASy II'' ``2nd certification'' 
avionics, which are defined as: Airplanes modified in production 
with Dassault Aviation modification M5595; or airplanes modified in 
service with Dassault Aviation Service Bulletin F900EX-400 or with 
Dassault Aviation Service Bulletin F900EX-414, except for airplanes 
modified in service with any of the service information in 
paragraphs (c)(2)(i) through (c)(2)(vii) of this AD.
    (i) Dassault Aviation Service Bulletin F900EX-400, dated July 1, 
2011.
    (ii) Dassault Aviation Service Bulletin F900EX-400, Revision 1, 
dated July 5, 2012.
    (iii) Dassault Aviation Service Bulletin F900EX-400, Revision 2, 
dated November 30, 2012.
    (iv) Dassault Aviation Service Bulletin F900EX-414, dated July 
20, 2011.
    (v) Dassault Aviation Service Bulletin F900EX-414, Revision 1, 
dated July 5, 2012.
    (vi) Dassault Aviation Service Bulletin F900EX-414, Revision 2, 
dated July 27, 2012.
    (vii) Dassault Aviation Service Bulletin F900EX-414, Revision 3, 
dated November 30, 2012.
    (3) Dassault Aviation Model FALCON 2000EX airplanes, all serial 
numbers, except airplanes with Dassault Aviation production 
modification M3254, or modified in service by Dassault Aviation 
Service Bulletin F2000EX-300 (``EASy II'' avionics).

(d) Subject

    Air Transport Association (ATA) of America Code 01, Operations 
Information.

(e) Reason

    This AD was prompted by a report that during a test flight, it 
was found that the yaw damper on the take-off roll can increase the 
Minimum Control Speed on Ground (Vmcg). We are issuing this AD to 
ensure that the ensure that the flightcrew has procedures to set the 
yaw damper to ``off'' before takeoff, which, if activated, could 
result in reduced control of the airplane if one engine were to fail 
during takeoff.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the 
normal procedures and limitations sections of the airplane flight 
manual, as applicable, to include the information in the applicable 
AFM change specified in table 1 to paragraph (g) of this AD. This 
may be done by inserting copies of the applicable AFM change 
specified in table 1 to paragraph (g) of this AD in the AFM. When 
the applicable AFM change specified in table 1 to paragraph (g) of 
this AD have been included in general revisions of the AFM, the 
general revisions may be inserted into the AFM, provided the 
relevant information in the general revision is identical to that in 
the applicable AFM change specified in table 1 to paragraph (g) of 
this AD, and the applicable AFM change specified in table 1 to 
paragraph (g) of this AD may be removed.

[[Page 1582]]



 Table 1 to Paragraph (g) of This AD--Normal Procedures and Limitations
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    Affected airplane/configuration           Applicable AFM change
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Model Myst[egrave]re Falcon 900          Change Proposal 118 (TC118),
 airplanes.                               ``AFM: Yaw Damper Off In Line
                                          Up Procedure,'' dated December
                                          18, 2014, to the Dassault
                                          Myst[egrave]re Falcon 900
                                          Airplane Flight Manual,
                                          DTM20103.
Model Myst[egrave]re Falcon 900          Change Proposal 48 (TC048),
 airplanes with Dassault Aviation         ``AFM: Yaw Damper Off In Line
 production modification M1975, or        Up Procedure,'' dated December
 production modification M2695            16, 2014, to the Dassault
 embodied, or modified in service by      Myst[egrave]re Falcon 900,
 Dassault Aviation Service Bulletin       F900C Version, Airplane Flight
 F900-250 (``Falcon 900 C'' version).     Manual (FM900C), TC048.
Model Falcon 900EX airplanes...........  Change Proposal 12 (CP012),
                                          ``AFM: Yaw Damper Off In Line
                                          Up Procedure,'' Dassault
                                          Falcon 900EX Airplane Flight
                                          Manual DTM561.
Model Falcon 900EX airplanes with        Change Proposal 31 (CP031),
 Dassault Aviation production             ``AFM: Yaw Damper Off In Line
 modification M3083 embodied (Falcon      Up Procedure,'' Dassault
 900EX ``EASy'' version).                 Falcon 900EX EASy, Airplane
                                          Flight Manual DGT84972).
Model Falcon 2000EX airplanes..........  Change Proposal 17 (CP017),
                                          ``AFM: Yaw Damper Off in Line
                                          Up Procedure,'' dated January
                                          23, 2015, to the Dassault
                                          Falcon 2000EX Airplane Flight
                                          Manual, DGT84278.
Model Falcon 2000EX airplanes with       Change Proposal 46 (CP046),
 Dassault Aviation production             ``AFM: Yaw Damper Off In Line
 modification M1691 embodied (Falcon      Up Procedure,'' dated December
 2000EX ``EASy'' version).                15, 2014, to the Dassault
                                          Falcon 2000EX EASy Version,
                                          Airplane Flight Manual,
                                          DGT88898.
------------------------------------------------------------------------

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-1137; fax 425-227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0005, dated January 14, 
2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-8426.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You 
may view this service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 23, 2015.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-33178 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-13-P