[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Rules and Regulations]
[Pages 68625-68628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31470]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-266-AD; Amendment 39-11452; AD 99-25-09]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50 and
900 Series Airplanes, Falcon 900EX Series Airplanes, and Falcon 2000
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 all Dassault Model Mystere-Falcon 50 and 900 series
airplanes, Falcon 900EX series airplanes, and Falcon 2000 series
airplanes, that requires revising the Airplane Flight Manual to provide
the flight crew with certain instructions associated with the onset of
stall warning. This amendment also requires repetitive inspections to
detect discrepancies of the hinge pin assemblies of the rear horizontal
stabilizer, and corrective actions, if necessary. For certain
airplanes, this amendment also requires replacement of the hinge pin
assemblies with new, improved parts. This amendment is prompted by
issuance of mandatory continuing airworthiness information by a foreign
civil airworthiness authority. The actions specified by this AD are
intended to prevent excessive movement and consequent deformation of
the hinge pin assemblies of the rear horizontal stabilizer, which could
result in flutter and possible failure of the rear horizontal
stabilizer.
DATES: Effective January 12, 2000.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 12, 2000.
ADDRESSES: 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 Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
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: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; 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 all Dassault Model Mystere-Falcon
50 and 900 series airplanes, Falcon 900EX series airplanes, and Falcon
2000 series airplanes was published in the Federal Register on June 4,
1999 (64 FR 29966). That action proposed to require revising the
Airplane Flight Manual (AFM) to provide the flight crew with certain
instructions associated with the onset of stall warning. That action
also proposed to require repetitive inspections to detect discrepancies
of the hinge pin assemblies of the rear horizontal stabilizer, and
corrective actions, if necessary. For certain airplanes, that action
also proposed to require replacement of the hinge pin assemblies with
new, improved parts.
Comments Received
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 Extend Compliance Time for Initial Inspection
Two commenters request that the compliance time be revised for the
initial inspection required by paragraph (b) of this AD. One commenter
states that such a short compliance time (within 300 flight hours or 6
months after the effective date of this AD) would constitute a
considerable hardship on operators, due to the time and resources
available to accomplish the task in this short period of time. The
commenter notes that related airplane flight and maintenance manuals
have already been revised by the manufacturer to specify additional
time. Another commenter, the manufacturer, suggests that the
requirement for an early initial dimensional inspection should be
removed. This commenter states that the review of dimensional controls
completed on a large portion of affected airplanes has resulted in its
conclusion that such early inspection is not necessary to ensure the
safety of the flying public, and creates an unnecessary burden on
operators. This conclusion is based on the fact that, of all airplanes
inspected to date, only a few airplanes have exceeded the criteria, and
none were found to exceed by greater than 14 microns (0.0006 in).
Additionally, tests and analyses have demonstrated that the fitting
deformations do not increase during a 3,750-flight-cycle interval in
which normal loads have been experienced. The commenter concludes from
this data that extending the initial inspection threshold to 3,750
total flight cycles is acceptable.
The FAA concurs. The Direction Gonorale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, the Joint
Aviation Authorities (JAA), and the manufacturer have advised the FAA
that results of early inspections have shown no indication of
significant fitting deformations. Based on inspections conducted to
date, the
[[Page 68626]]
FAA has concluded that the requirement for an early initial inspection
is no longer necessary. Accordingly, paragraph (b) of the AD has been
revised [and a new paragraph (c) has been added] to extend the
compliance time for the initial inspection. Additionally, to simplify
the requirements of the AD, the repetitive inspection requirements
contained in paragraphs (d) and (e) of the proposed AD are now included
in paragraph (b) of the final rule.
Request To Remove Inspection After Stall Event
One commenter, the manufacturer, requests that the proposed AD be
revised to remove the requirement for additional inspection after any
stall event, as required by paragraph (c) of the proposed AD. The
commenter states that the AFM has already been revised to preclude
intentional stalls. Additionally, the likelihood for an unintentional
stall is sufficiently low that inspection at intervals of 3,750 flight
cycles is deemed adequate to determine if discrepancies of the hinge
pin assemblies exist.
The FAA concurs. The DGAC has advised the FAA that it has approved
the findings of the manufacturer, and has revised the parallel French
airworthiness directives to delete the inspection following a stall
event. Based on the manufacturer's information, and in consonance with
the DGAC, the FAA has determined that the additional inspection after a
stall event is not required. Accordingly, paragraph (c) of the proposed
AD has been removed from the final rule.
Request To Revise Replacement Compliance Time
One commenter requests that paragraph (f)(2) of the proposed AD be
deleted, as the replacement required at the time specified in that
paragraph can be delayed until the thresholds required by paragraph
(f)(1) of the AD. The FAA does not concur, but finds that clarification
of the compliance times required in paragraph (f) of the proposal [now
paragraph (e)] is necessary. Paragraph (e) of the final rule requires
accomplishment of certain actions at the LATER of the times indicated
in paragraphs (e)(1) and (e)(2). The compliance times in paragraph
(e)(2) are ``within 300 flight hours or 6 months after the effective
date of this AD, whichever occurs first.'' These times provide a
``grace period'' for airplanes that have exceeded the thresholds of
``within 6 years since date of manufacture, or prior to the
accumulation of 3,750 total flight cycles, whichever occurs first,'' as
required by paragraph (e)(1) of the AD. The FAA considers such a
``grace period'' to be beneficial to operators in order to avoid
unnecessary grounding of the fleet. No change is necessary in this
regard.
Text Revisions Requested
One commenter, the manufacturer, requests various changes to the
text of the proposed AD. The commenter requests that the latest
revisions to the related French airworthiness directives be referenced,
since the previous revisions have been cancelled. The commenter also
notes that Dassault Aviation has developed repair solutions for
discrepancies of the hinge pin assemblies of the rear horizontal
stabilizer, and these repair solutions have been approved by the DGAC.
The commenter requests that these repair solutions be referenced in the
proposed AD. Additionally, the commenter notes an incorrect reference
in paragraph (a) of the proposed AD to Dassault Mystere-Falcon 50 AFM
Temporary Change No. 12 as M813EX, which should be listed as FM813EX.
Lastly, the commenter requests that the proposed AD be revised to refer
to the applicable revision of Chapter 5-40 of each airplane maintenance
manual, since that chapter provides the information necessary to
accomplish the repetitive inspections required by the AD.
The FAA partially concurs with the various requests. The FAA has
revised ``NOTE 6'' of the AD to refer to the latest French
airworthiness directives. The FAA concurs that the referenced approved
repair solutions provide an acceptable method of compliance for the
repairs required by paragraph (d) of the AD, and has included this
information in new ``NOTE 4'' to the final rule. The FAA also
acknowledges the typographical error in regard to AFM Temporary Change
No. 12, and has corrected the reference in the AD. The FAA has also
clarified other temporary revision references contained in paragraph
(b) of the AD.
The FAA does not concur that references to the applicable revisions
of Chapter 5-40 of the maintenance manuals should be included. This
information is redundant to the temporary procedures already cited as
the appropriate sources of service information, and the required
intervals for repetitive inspections are directly specified in this AD.
However, the FAA has added a new ``NOTE 3'' to the AD to inform
operators that a general revision to the maintenance manual may be used
in lieu of the temporary revisions cited in this AD, provided that the
information contained in the general revision is identical to that
contained in the temporary revisions.
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 269 airplanes of U.S. registry will be
affected by this AD.
For all airplanes, it will take approximately 1 work hour per
airplane to accomplish the required Airplane Flight Manual (AFM)
revision, at an average labor rate of $60 per work hour. Based on these
figures, the cost impact of the AFM revision required by this AD on
U.S. operators is estimated to be $16,140, or $60 per airplane.
Additionally, for all airplanes, it will take approximately 8 work
hours per airplane to accomplish the required inspection, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the inspection required by this AD on U.S. operators is
estimated to be $129,120, or $480 per airplane, per inspection cycle.
For 49 airplanes of U.S. registry it will take approximately 10
work hours per airplane to accomplish the required replacement, at an
average labor rate of $60 per work hour. Required parts will cost
approximately $6,000 per airplane. Based on these figures, the cost
impact of the replacement required by this AD on U.S. operators is
estimated to be $323,400, or $6,600 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.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
[[Page 68627]]
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
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
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:
99-25-09 Dassault Aviation: Amendment 39-11452. Docket 98-NM-266-AD.
Applicability: All Model Mystere-Falcon 50 and 900 series
airplanes, Falcon 900EX series airplanes, and Falcon 2000 series
airplanes; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (g) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent excessive movement and consequent deformation of the
hinge pin assemblies of the rear horizontal stabilizer, which could
result in flutter and possible failure of the rear horizontal
stabilizer, accomplish the following:
Dassault Airplane Flight Manual (AFM) Revision
(a) Within 30 days after the effective date of this AD, revise
the Limitations Section of the FAA-approved AFM to include the
following statement. This may be accomplished by inserting a copy of
this AD into the AFM.
``DO NOT INTENTIONALLY FLY THE AIRPLANE SLOWER THAN INITIAL STALL
WARNING ONSET''
Note 2: The AFM revision required by paragraph (a) of this AD
also may be accomplished by inserting a copy of the applicable
Temporary Change into the applicable AFM, as specified below. When
these Temporary Changes have been incorporated into the general
revisions of the AFM, the general revisions may be inserted into the
AFM, provided that the information contained in the general
revisions is identical to that specified in the Temporary Changes.
For Model Mystere-Falcon 50 series airplanes: Dassault
Mystere-Falcon 50 AFM Temporary Change No. 46 (DTM813); and Dassault
Mystere-Falcon 50 AFM Temporary Change No. 12 (FM813EX).
For Model Mystere-Falcon 900 series airplanes: Dassault
Mystere-Falcon 900 AFM Temporary Change No. 69 (DTM20103).
For Model Falcon 900EX series airplanes: Dassault
Falcon 900EX AFM Temporary Change No. 14 (DTM561).
For Model Falcon 2000 series airplanes: Dassault Falcon
2000 AFM Temporary Change No. 44 (DTM537).
Initial and Repetitive Inspections
(b) At the applicable time specified in paragraph (c) of this
AD, perform a dimensional inspection to detect discrepancies
(damage, deformation, and excessive movement) of the hinge pin
assemblies of the rear horizontal stabilizer in accordance with
paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this AD, as
applicable. Thereafter, repeat the inspection at intervals not to
exceed 3,750 flight cycles or 6 years, whichever occurs first.
(1) For Model Mystere-Falcon 50 series airplanes: Inspect in
accordance with Dassault Airplane Maintenance Manual (AMM), Revision
1, dated February 1997, as revised by Temporary Revision (TR) No. 7,
work card number 704.0/1, dated November 1997.
(2) For Model Mystere-Falcon 900 series airplanes: Inspect in
accordance with Dassault AMM, Revision 2, dated July 1997, as
revised by TR No. 17, Procedure 55-501, dated November 1997.
(3) For Model Falcon 900EX series airplanes: Inspect in
accordance with Dassault AMM, Revision 1, dated December 1996, as
revised by Temporary Revision No. 2, Procedure 55-501, dated
November 1997.
(4) For Model Falcon 2000 series airplanes: Inspect in
accordance with Dassault AMM, Revision 5, Procedure 55-501, dated
November 1997.
Note 3: The actions required by paragraph (b) of this AD also
may be accomplished in accordance with a general revision of the
applicable Dassault AMM, provided that the information contained in
the general revision is identical to that specified in the Temporary
Revisions cited in that paragraph.
(c) Accomplish the inspection required by paragraph (b) of this
AD at the LATER of the times specified in paragraphs (c)(1) and
(c)(2) of this AD.
(1) Within 6 years since date of manufacture, or prior to the
accumulation of 3,750 total flight cycles, whichever occurs first.
(2) Within 300 flight hours or 6 months after the effective date
of this AD, whichever occurs first.
(d) If any discrepancy is detected during any inspection
required by this AD, prior to further flight, repair in accordance
with a method approved by either the Manager, International Branch,
ANM-116, FAA, Transport Airplane Directorate; or the Direction
Gonorale de l'Aviation Civile (DGAC) (or its delegated agent).
Note 4: Accomplishment of repair of the hinge pin assemblies in
accordance with Falcon Repair Solution F2000-R3 (For Model Falcon
2000 series airplanes), F50-R52 (for Model Mystere-Falcon 50 series
airplanes), or F900-R71 (for Model Mystere-Falcon 900 and Falcon
900EX series airplanes); as applicable; is acceptable for compliance
with the repairs required by paragraph (d) of this AD.
Replacement
(e) For airplanes listed in Dassault Service Bulletins F50-274,
F900-203, F900EX-37, and F2000-118, all dated December 17, 1997:
Replace the hinge pin assemblies of the rear horizontal stabilizer
with new, improved parts in accordance with Part 2, paragraph B.(2)
of the Accomplishment Instructions of the applicable service
bulletin at the LATER of the times specified in paragraphs (e)(1)
and (e)(2) of this AD.
(1) Accomplish the replacement within 6 years since date of
manufacture, or prior to the accumulation of 3,750 total flight
cycles, whichever occurs first.
(2) Accomplish the replacement within 300 flight hours or 6
months after the effective date of this AD, whichever occurs first.
Spares
(f) As of the effective date of this AD, no person shall install
a rear horizontal stabilizer hinge pin having part number MY2033175
on any airplane.
Alternative Methods of Compliance
(g) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 5: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
[[Page 68628]]
Special Flight Permits
(h) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
Incorporation by Reference
(i) The replacements shall be done in accordance with Dassault
Service Bulletin F50-274, dated December 17, 1997; Dassault Service
Bulletin F900-203, dated December 17, 1997; Dassault Service
Bulletin F900EX-37, dated December 17, 1997; and Dassault Service
Bulletin F2000-118, dated December 17, 1997; as applicable. 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 6: The subject of this AD is addressed in French
airworthiness directives 1997-370-020(B) R2, dated June 2, 1999; and
1997-369-004(B) R1, dated June 2, 1999, as revised by Erratum, dated
June 30, 1999.
(j) This amendment becomes effective on January 12, 2000.
Issued in Renton, Washington, on November 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-31470 Filed 12-7-99; 8:45 am]
BILLING CODE 4910-13-U
