[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Rules and Regulations]
[Pages 4651-4654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1075]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-325-AD; Amendment 39-12075; AD 2001-01-05]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 10 and Model 
Mystere-Falcon 50 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 Falcon 10 and Model Mystere-Falcon 
50 series airplanes. For certain airplanes, this amendment requires 
modification of the aircraft wiring to illuminate the ``T/O CONFIG'' 
red warning light on the cockpit warning panel. For certain other 
airplanes, this amendment requires installation of a ``NO TAKEOFF'' red 
light on each pilot's instrument panel; modification of the associated 
aircraft wiring to activate the lights whenever the aircraft is not in 
the proper configuration for takeoff; and a revision to the Airplane 
Flight Manual to check that the ``NO TAKEOFF'' lights are out prior to 
takeoff. 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 takeoff with 
the parking brake engaged, which could result in an extended takeoff 
roll or a rejected takeoff, and consequent runway overrun.

DATES: Effective February 22, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 22, 2001.

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 certain Dassault Model Falcon 10 
and Model Mystere-Falcon 50 series airplanes was published in the 
Federal Register on July 22, 1999 (64 FR 39448). For certain airplanes, 
that action proposed to require modification of the aircraft wiring to 
illuminate the ``T/O CONFIG'' red warning light on the cockpit warning 
panel. For certain other airplanes, that action proposed to require 
installation of a ``NO TAKEOFF'' red light on each pilot's instrument 
panel; modification of the associated aircraft wiring to activate the 
lights whenever the aircraft is not in the proper configuration for 
takeoff; and a revision to the Airplane Flight Manual (AFM) to check 
that the ``NO TAKEOFF'' lights are out prior to takeoff.

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 for Credit for Previously Accomplished Work

    One commenter, the manufacturer, requests that a statement be added 
to the proposed AD that would credit operators for the prior 
accomplishment of the original versions of the service bulletins. (The 
proposed AD specified that the modification be accomplished in 
accordance with Revision 1 of the corresponding service bulletins.)
    The FAA concurs. Notes 2 and 4 have been added to the final rule to 
credit operators for the prior accomplishment of the modification in 
accordance with the original versions of the applicable service 
bulletins.

Request to Revise Cost Estimate

    One commenter, the manufacturer, requests that the cost impact 
section of the proposed AD be revised to reflect certain information in 
its records: There are 144 U.S.-registered Model Falcon 10 series 
airplanes, of which 110 have already been modified; and 159 U.S.-
registered Model Mystere-Falcon 50 series airplanes, of which 90 have 
already been modified. In addition, the commenter reports that the 
parts cost for Model Mystere-Falcon 50 series airplanes is $226.
    The FAA acknowledges the revised information, and has revised the 
cost

[[Page 4652]]

impact section of the final rule accordingly.

Request to Revise Applicability: AD Unnecessary for Falcon 50

    One commenter, a pilot of Model Falcon 50 series airplanes, 
considers this AD to be unreasonable for those airplanes. The commenter 
cites a lack of incidents or accidents involving Model Falcon 50 series 
airplanes resulting from the parking brake being applied during 
takeoff. The commenter further suggests that the likelihood of such an 
event to occur is remote, based on the following considerations:
    <bullet> The parking brake handle on the Model Falcon 50 series 
airplane is in the normal line of sight for the pilot.
    <bullet> There are other cockpit indications available to advise 
the pilot if the parking brake is applied during takeoff.
    <bullet> Except for one abnormal procedure, the available 
operational procedures (provided by the AFM, operating manual, and 
formal instruction) direct the use of the parking brake only full 
forward or full aft (full on) when the engine is operating.
    The FAA infers that the commenter requests that Model Falcon 50 
series airplanes be removed from the applicability of the proposed AD.
    The FAA does not concur. The FAA disagrees with the commenter's 
claim that no incidents have occurred as a result of the identified 
unsafe condition. In fact, several incidents have been reported, 
despite the considerations identified by the commenter. In 1997 in 
Bursa, Turkey, the flightcrew of a Model Mystere-Falcon 50 series 
airplane rejected a takeoff, resulting in damage to the aircraft. The 
reported aircraft behavior was analyzed in a flight simulator, which 
indicated that the takeoff was attempted with the parking brake engaged 
at the first detent. In addition, the FAA has received reports of three 
similar occurrences on Model Falcon 10 series airplanes, resulting in 
four casualties and two injuries. In all three incidents, the crew 
attempted takeoff with the parking brake engaged at the first detent. 
Therefore, because of these incidents related to the unsafe condition, 
the FAA finds it necessary to require the actions for the identified 
airplanes as proposed. No change to the final rule is warranted in this 
regard.

Request to Revise Applicability: Potential To Cause Unsafe Operation

    This same commenter suggests that the incorporation of Dassault 
Service Bulletin F50-240, as proposed by the notice of proposed 
rulemaking (NPRM), could cause unsafe operation of Model Mystere-Falcon 
50 series airplanes. The commenter states:

    If the anti-skid system of the #1 brake system is malfunctioning 
or inoperative, then the use of the #2 brakes according to the MMEL 
[Master Minimum Equipment List] and Annex 4 of the AFM [Airplane 
Flight Manual] is permitted. Inadvertent minor touching of the 
brakes during take-off under such conditions with Service Bulletin 
F50-240 applied would cause the illumination of the `T/O CONFIG' red 
warning light; if this were to occur near or above V1, it would 
cause an aborted takeoff. This is because all other meanings to the 
crew of the `T/O CONFIG' red warning light are dangerous to flight.

    The FAA infers that the commenter is again requesting that Model 
Mystere-Falcon 50 series airplanes be removed from the applicability of 
the proposed AD.
    The FAA does not concur. Data from the manufacturer indicate the 
reliability of the anti-skid system to be very high. Thus, the risk of 
concurrent failure of the anti-skid system and operation of the #2 
brakes, in accordance with Annex 4 of the AFM, is remote. In light of 
the incidents previously described, the FAA considers the required 
change to the airplane design a necessary improvement in airplane 
safety and not a design change that would result in unsafe operations. 
No change to the final rule is necessary in this regard.

Request for Alternative Solutions

    This same commenter suggests that the FAA consider alternative 
solutions to indicate that the parking brake is applied to the 
intermediate position during takeoff. The commenter states that the 
proposed actions would conflict with procedures in Annex 4 (if 
permitted) of the AFM. The commenter suggests incorporating either a 
switch on the parking brake handle or a pressure switch in the parking 
brake system before it joins the #2 brake system. The commenter 
alternatively suggests prohibiting use of Annex 4.
    The FAA acknowledges the commenter's suggestions but has determined 
that the actions as proposed will adequately address the unsafe 
condition. No change to the final rule is necessary.

Request To Revise MMEL

    The manufacturer suggests incorporating the following sentence into 
the Maintenance and Operating procedures for the MMEL: ``When 
dispatching with anti-skid failed, braking will illuminate the `T/O 
config' Warning light when the aircraft is in take-off configuration.'' 
The commenter requests the change to alert the pilot of the pontential 
unsafe condition identified by the proposed AD.
    The FAA does not concur. While there may be merit to the 
commenter's suggestions, this AD is not the appropriate context in 
which to evaluate those suggestions. Since the suggested changes would 
alter the actions currently required by this AD, additional rulemaking 
would be required. The FAA finds that to delay this action would be 
inappropriate in light of the identified unsafe condition. No change to 
the final rule is necessary in this regard.

Additional Change to Final Rule

    The proposed AD inadvertently referred to Dassault Service Bulletin 
F10-280 as the appropriate source of service information for 
accomplishment of both the installation action of paragraph (b)(1) and 
the AFM revision of paragraph (b)(2). The service bulletin provides 
accomplishment instructions only for the installation required by 
paragraph (b)(1). The final rule has been revised accordingly.

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 following table lists the estimated costs to operators to 
accomplish the requirements of this AD.

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                                       Number of                                                        Average                     Per-
                Model                   affected                  Action                  Work hours   labor rate   Parts cost    airplane    Fleet cost
                                       airplanes                                                         (hour)                     cost
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Falcon 10...........................           34  Install light.......................           50          $60       $2,280       $5,280     $179,520
                                      ...........  Revise AFM..........................            1           60  ...........           60        2,040
Falcon 50...........................           69  Modify wiring.......................            8           60          226          706       48,714
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[[Page 4653]]

    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

    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:

2001-01-05  Dassault Aviation: Amendment 39-12075. Docket 98-NM-325-
AD.

    Applicability: Model Falcon 10 series airplanes, serial numbers 
1 through 152 inclusive, on which Dassault Modification M801 
(reference Dassault Service Bulletin F10-280, Revision 1, dated 
February 10, 1999) has not been accomplished; and Model Mystere-
Falcon 50 series airplanes, serial numbers 2 through 250 inclusive 
and 252, on which Dassault Modification M1850 (reference Dassault 
Service Bulletin F50-240, Revision 1, dated October 7, 1998) has not 
been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (c) 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 takeoff with the parking brake engaged, which could 
result in an extended takeoff roll or a rejected takeoff, and 
consequent runway overrun, accomplish the following:

Model Mystere-Falcon 50 Series Airplanes: Modification

    (a) For Model Mystere-Falcon 50 series airplanes, within 9 
months after the effective date of this AD, modify the aircraft 
wiring to add the ``park brake handle not pushed forward'' condition 
in the illumination conditions of the ``T/O CONFIG'' red warning 
light on the cockpit warning panel in accordance with Dassault 
Service Bulletin F50-240, Revision 1, dated October 7, 1998.

    Note 2: Modification in accordance with Dassault Service 
Bulletin F50-240, dated April 5, 1995, is acceptable for compliance 
with the requirements of paragraph (a) of this AD.

Model Falcon 10 Series Airplanes: Modification and Airplane Flight 
Manual (AFM) Revision

    (b) For Dassault Falcon 10 series airplanes, within 9 months 
after the effective date of this AD, accomplish the requirements of 
paragraphs (b)(1) and (b)(2) of this AD.
    (1) Install a ``NO TAKEOFF'' red light on each pilot's 
instrument panel and modify the associated aircraft wiring to 
activate the lights whenever the aircraft is not in the proper 
configuration for takeoff, in accordance with Dassault Service 
Bulletin F10-280, Revision 1, dated February 10, 1999.
    (2) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the information specified in Falcon 10 AFM DTM722 
Temporary Change No. 17, dated March 31, 1995, which introduces 
procedures for checking that the ``NO TAKEOFF'' lights are out prior 
to takeoff; and operate the airplane in accordance with those 
limitations and procedures.

    Note 3:
    This may be accomplished by inserting a copy of Falcon 10 AFM 
DTM722 Temporary Change No. 17 in the AFM. When these temporary 
revisions have been incorporated into general revisions of the AFM, 
the general revisions may be inserted in the AFM, provided the 
information contained in the general revision is identical to that 
specified in Temporary Change No. 17.


    Note 4:
    Modification in accordance with Dassault Service Bulletin F10-
280, dated September 6, 1995, is acceptable for compliance with the 
requirements of paragraph (b)(1) of this AD.

Alternative Methods of Compliance

    (c) 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, 
Transport Airplane Directorate. 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.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
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

    (e) Except as provided by paragraph (b)(2) of this AD: The 
actions shall be done in accordance with Dassault Service Bulletin 
F50-240, Revision 1, dated October 7, 1998; and Dassault Service 
Bulletin F10-280, Revision 1, dated February 10, 1999. 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 98-300-022(B), dated July 29, 1998, and 98-547-022(B), 
dated December 30, 1998.


[[Page 4654]]



Effective Date

    (f) This amendment becomes effective on February 22, 2001.

    Issued in Renton, Washington, on January 8, 2001.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-1075 Filed 1-17-01; 8:45 am]
BILLING CODE 4910-13-U