[Federal Register: January 29, 2004 (Volume 69, Number 19)]
[Rules and Regulations]
[Page 4232-4234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja04-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-276-AD; Amendment 39-13439; AD 2004-02-04]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Falcon 900EX Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Dassault Model Falcon 900EX series airplanes. This
action requires revising the airplane flight manual to advise the
flightcrew about limitations on operating in icing conditions, and to
require that the airplane be operated per these limitations. This
action is necessary to ensure that the flightcrew is aware of the
potential for reductions in climb performance in certain situations
while operating in icing conditions, and the actions they must take to
avoid this condition, which could result in an inability to avoid low-
level obstacles during takeoff and consequent controlled flight into
terrain. This action is intended to address the identified unsafe
condition.
DATES: Effective February 13, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 13, 2004.
Comments for inclusion in the Rules Docket must be received on or
before March 1, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-276-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-iarcomment@faa.gov. Comments sent via the Internet must contain
``Docket No. 2003-NM-276-AD'' in the subject line and need not be
submitted in triplicate. Comments sent via fax or the Internet as
attached electronic files must be formatted in Microsoft Word 97 or
2000 or ASCII text.
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 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.
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: The Direction G[eacute]n[eacute]rale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, recently notified the FAA that an unsafe condition may exist on
all Dassault Model Falcon 900EX series airplanes. The DGAC
[[Page 4233]]
advises that a design review identified a situation in which use of
bleed air during icing conditions, in a situation in which one engine
on the airplane is not operating, could cause the remaining engines to
exceed the maximum Inter-stage Turbine Temperature (ITT). This could
induce a reduction in engine thrust. This condition, if not corrected,
could result in a reduction in the airplane's climb performance,
leading to an inability to avoid low-level obstacles during takeoff,
and consequent controlled flight into terrain.
Explanation of Relevant Service Information
Dassault has issued the following Temporary Changes (TCs) to the
Falcon 900EX Airplane Flight Manuals (AFM), Documents DTM561 and
DGT84972:
TC 63 to the Falcon 900EX AFM, Document DTM561;
and TC 2 to the Falcon 900EX AFM, Document DGT84972; both dated
December 17, 2003; which describe revisions to the Limitations,
Performance, Emergency Procedures, and Abnormal Procedures sections of
the AFM. The revisions to the Limitations and Performance sections
advise the flightcrew of reductions in performance during operations in
icing conditions. The revisions to the Emergency Procedures and
Abnormal Procedures sections advise the flightcrew of the need to
monitor ITT and make necessary adjustments in certain situations
involving engine failure during icing conditions.
TC 65 to the Falcon 900EX AFM, Document DTM561;
and TC 5 to the Falcon 900EX AFM, Document DGT84972; both dated
December 17, 2003; which describe revisions to the Performance section
of the AFM to advise the flightcrew of reductions in expected
performance during operations in icing conditions.
Supplement 19 D, Revision 2, to the Falcon 900EX
AFM, Document DTM561, dated December 17, 2003, which describes a
revision to the Supplements section of the AFM for certain airplanes
operating with certain software or modifications. This revision advises
of limitations on operations with the anti-ice system activated.
The DGAC classified these TCs to the AFMs as mandatory and issued
French emergency airworthiness directive U F-2003-464 to ensure the
continued airworthiness of these airplanes in France.
FAA's Conclusions
This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to ensure that the
flightcrew is aware of the potential for reductions in climb
performance in certain situations while operating in icing conditions,
and the actions they must take to avoid this condition, which could
result in an inability to avoid low-level obstacles during takeoff and
consequent controlled flight into terrain. This AD requires revising
the AFM to advise the flightcrew about limitations on operating in
icing conditions, and to require that the airplane be operated per
these limitations.
Difference Between French Emergency Airworthiness Directive and This AD
For the AFM revisions, the French emergency airworthiness directive
specifies a compliance time of before the next flight upon receipt of
the emergency airworthiness directive. This AD provides a compliance
time of 7 days after the effective date of this AD. In developing an
appropriate compliance time for this AD, we considered the DGAC's
recommendation, as well as the degree of urgency associated with the
subject unsafe condition. In light of these factors, we find that a 7-
day compliance time represents an appropriate interval of time for
affected airplanes to continue to operate without compromising safety.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-276-AD.'' The postcard will be date stamped
and returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant
[[Page 4234]]
regulatory action'' under Executive Order 12866. It has been determined
further that this action involves an emergency regulation under DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If
it is determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
2004-02-04 Dassault Aviation: Amendment 39-13439. Docket 2003-NM-
276-AD.
Applicability: All Model Falcon 900EX series airplanes,
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the flightcrew is aware of the potential for
reductions in climb performance in certain situations while
operating in icing conditions, and the actions they must take to
avoid this condition, which could result in an inability to avoid
low-level obstacles during takeoff and consequent controlled flight
into terrain, accomplish the following:
Airplane Flight Manual (AFM) Revisions
(a) Within 7 days after the effective date of this AD: Revise
the Falcon 900EX AFM by accomplishing paragraphs (a)(1), (a)(2), and
(a)(3) of this AD, as applicable, except as provided by paragraph
(b) of this AD. Thereafter, operate the airplane per the limitations
specified in these AFM revisions.
(1) Revise the Limitations, Performance, Emergency Procedures,
and Abnormal Procedures sections of the AFM to include the
information in Temporary Change (TC) 63 to the Falcon 900EX AFM,
Document DTM561; or TC 2 to the Falcon 900EX AFM, Document DGT84972;
both dated December 17, 2003; as applicable.
(2) Revise the Performance section of the AFM to include the
information in TC 65 to the Falcon 900EX AFM, Document DTM561; or TC
5 to the Falcon 900EX AFM, Document DGT84972; both dated December
17, 2003; as applicable.
(3) Revise the Supplements section of the AFM to include the
information in Supplement 19 D, Revision 2, to the Falcon 900EX AFM,
Document DTM561, dated December 17, 2003.
Note 1: When information identical to that in the applicable TCs
specified in paragraphs (a)(1), (a)(2), and (a)(3) of this AD, as
applicable, has been included in the general revisions of the AFM,
the general revisions may be inserted into the AFM, and the TCs may
be removed from the AFM.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Incorporation by Reference
(c) The actions shall be done in accordance with Temporary
Change 2 to the Falcon 900EX Airplane Flight Manual, Document
DGT84972, dated December 17, 2003, and Temporary Change 5 to the
Falcon 900EX Airplane Flight Manual, Document DGT84972, dated
December 17, 2003; or Temporary Change 63 to the Falcon 900EX
Airplane Flight Manual, Document DTM561, dated December 17, 2003,
and Temporary Change 65 to the Falcon 900EX Airplane Flight Manual,
Document DTM561, dated December 17, 2003, and Supplement 19 D,
Revision 2, to the Falcon 900EX Airplane Flight Manual, Document
DTM561, dated December 17, 2003; as applicable. (Only the first page
of the Temporary Changes contain the document date; no other page of
those documents contains this information.) Supplement 19 D,
Revision 2, to the Falcon 900EX Airplane Flight Manual, DTM561,
dated December 17, 2003, contains the following effective pages:
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Revision level shown on
Page number page Date shown on page
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1, 5, 8............. Revision 1.............. June 6, 2003.
2, 4................ Revision 2.............. December 17, 2003.
3, 6, 7, 9, 10...... Original................ May 4, 2001.
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(The revision dates are only located in the Log of Pages and
Revisions listed on page 2 of this Supplement; no other page
contains this information.) 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 2: The subject of this AD is addressed in French emergency
airworthiness directive U F-2003-464.
Effective Date
(d) This amendment becomes effective on February 13, 2004.
Issued in Renton, Washington, on January 20, 2004.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-1770 Filed 1-28-04; 8:45 am]
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