[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60773-60775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29789]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-275-AD; Amendment 39-10202; AD 97-21-16]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 97-21-16 that was sent previously
to all known U.S. owners and operators of Dassault Model Mystere-Falcon
series airplanes by individual notices. This AD requires a revision to
the Limitations section of the FAA-approved Airplane Flight Manual
(AFM) to include procedures to use certain values to correctly gauge
the minimum allowable N1 speed of the operative engines during
operation in icing conditions. This action is prompted by a report
indicating that erroneous minimum anti-icing N1 thrust setting
indications were displayed on the Engine Indication Electronic Display
(EIED). The actions specified by this AD are intended to prevent
flightcrew use of erroneous N1 thrust setting information displayed on
the EIED, which could result in in-flight shutdown of engine(s).
[[Page 60774]]
DATES: Effective November 18, 1997, to all persons except those persons
to whom it was made immediately effective by emergency AD 97-21-16,
issued October 14, 1997, which contained the requirements of this
amendment.
Comments for inclusion in the Rules Docket must be received on or
before December 15, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-275-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
FOR FURTHER INFORMATION CONTACT: 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: On October 14, 1997, the FAA issued
emergency AD 97-21-16, which is applicable to Dassault Model Mystere-
Falcon 50 series airplanes. That action was prompted by a report
indicating that erroneous minimum anti-icing N1 thrust setting
indications were displayed on the Engine Indication Electronic Display
(EIED). The erroneous minimum N1 indications do not correspond with
minimums specified in the Normal Procedures Section of the FAA-approved
Airplane Flight Manual (AFM) for operations in icing conditions. This
condition, if not corrected, could result in flightcrew use of
erroneous N1 thrust setting information displayed on the EIED and
consequent in-flight shutdown of engine(s).
FAA's Conclusions
This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
section 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 the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 97-21-16 to prevent flightcrew use
of erroneous N1 thrust setting information displayed on the EIED, which
could result in in-flight shutdown of engine(s). The AD requires
revision of the Limitations Section of the AFM to include procedures to
use values indicated in Normal Section 4, Sub-section 140, Page 2, of
the AFM to correctly gauge the minimum allowable N1 speed of the
operative engines during operation in icing conditions.
Interim Action
This AD is considered to be interim action until final action is
identified, at which time the FAA may consider additional rulemaking.
Publication and Effectivity of AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on October 14, 1997, to all known U.S. owners and operators of
Dassault Model Mystere-Falcon series airplanes. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR
39.13) to make it effective as to all persons.
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.
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 97-NM-275-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
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 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, 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.
[[Page 60775]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
97-21-16 Dassault Aviation: Amendment 39-10202. Docket 97-NM-275-
AD.
Applicability: Model Mystere-Falcon 50 series airplanes, serial
numbers 251, 253, and subsequent, equipped with Allied-Signal TFE-
731-40 engines; 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 (b) 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 in-flight shutdown of the engine(s) due to the
flightcrew using erroneous N1 speed values displayed on the Engine
Indication Electronic Display (EIED), accomplish the following:
(a) Within 1 day after the effective date of this AD, revise the
Limitations Section of the FAA-approved Airplane Flight Manual (AFM)
to add the following. This may be accomplished by inserting a copy
of this AD in the AFM.
``Operation in Icing Conditions: The N1 speed of the operating
engines must not be less than the minimum values specified in Normal
Section 4, Sub-section 140, Page 2, of the AFM.''
(b) 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,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(c) Special flight permits may be issued in accordance with
sections 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.
Note 3: The subject of this AD is addressed in French
telegraphic airworthiness directive No. T 97-310-019 (B), dated
October 10, 1997.
(d) This amendment becomes effective on November 18, 1997, to
all persons except those persons to whom it was made immediately
effective by emergency AD 97-21-16, issued October 14, 1997, which
contained the requirements of this amendment.
Issued in Renton, Washington, on November 5, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-29789 Filed 11-12-97; 8:45 am]
BILLING CODE 4910-13-P