[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Rules and Regulations]
[Pages 32227-32228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11929]



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  Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and 
Regulations  

[[Page 32227]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8426; Directorate Identifier 2015-NM-006-AD; 
Amendment 39-18527; AD 2016-10-16]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes, FALCON 900EX 
airplanes, and FALCON 2000EX airplanes. This 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 AD requires revising the airplane flight manual (AFM) to 
incorporate procedures for the flightcrew to check that the yaw damper 
is set to ``off'' before takeoff. We are issuing 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: This AD is effective June 27, 2016.

ADDRESSES:

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Dassault Aviation 
Model MYSTERE-FALCON 900 airplanes, FALCON 900EX airplanes, and FALCON 
2000EX airplanes. The NPRM published in the Federal Register on January 
13, 2016 (81 FR 1580) (``the NPRM'').
    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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Change to Paragraph (g) of This AD

    We have revised paragraph (g) of this AD to remove ``table 1 to 
paragraph (g) of this AD'' regarding the use of the applicable AFM 
change. This change is necessary because the AFM materials specified in 
the proposed AD do not meet the requirements for approval of 
incorporation by reference by the Office of the Federal Register. 
Therefore, operators must contact the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, for information regarding 
the use of the applicable AFM change for revising the normal procedures 
and limitations sections of the AFM, as applicable, to include new yaw 
damper procedures.

Costs of Compliance

    We estimate that this 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 AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators to be $24,140, or $85 per product.

[[Page 32228]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2016-10-16 Dassault Aviation: Amendment 39-18527. Docket No. FAA-
2015-8426; Directorate Identifier 2015-NM-006-AD.

(a) Effective Date

    This AD is effective June 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the 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 specified 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 takeoff roll can increase the 
Minimum Control Speed on Ground (Vmcg). We are issuing 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.

(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 AFM, as 
applicable, to include new yaw damper procedures, in accordance with 
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA.

(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, 
WA 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

    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-2015-8426-0002.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on May 12, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11929 Filed 5-20-16; 8:45 am]
BILLING CODE 4910-13-P