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 Mystere-Falcon 900, Falcon 900EX, and Falcon 2000 series airplanes was published in the Federal Register on June 28, 1999 (64 FR 34584). That action proposed to require replacement of the elevator auxiliary artificial feel unit (AFU) with a new elevator auxiliary AFU.
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 Revise Statement of Unsafe Condition
One commenter, the manufacturer, requests that the FAA clarify the unsafe condition by adding the words, "upstream of the servo actuator and downstream of the main AFU" to the language specified in certain sections of the proposed AD. The commenter states that the single loss of elevator auxiliary AFU or theloss of elevator auxiliary AFU coupled with a control linkage disconnection upstream of the main AFU will have no direct consequences on the airworthiness of an airplane. However, the loss of an auxiliary AFU coupled with the control linkage disconnection upstream of the servo actuator and downstream of the main AFU is a failure with consequences considered to be catastrophic.
The FAA concurs with the request. The FAA agrees that further clarification in regard to the unsafe condition is necessary and has added the words suggested by the commenter to this final rule. (The FAA acknowledges that the Discussion section of the proposed AD also needs clarification in regard to the unsafe condition, however, because the Discussion section is not restated in the final rule, no change to this final rule is necessary in this regard.)
Request to Revise Relevant Service Information
The same commenter requests that the relevant service information of the proposed AD be revised to reference the applicable Airplane Maintenance Manual (AMM) revisions. In support of this request, the commenter notes that after investigations and discussion with the Direction G n rale de l'Aviation Civile (DGAC), the bushing of the AFU, part number (P/N) 105045-10, is considered to be a 2,000-landing safe-life part. Furthermore, the commenter notes that the AMM revisions were required by French airworthiness directives 98-429-023(B) and 98-428-007(B), each dated November 4, 1998.
The FAA does not concur with the commenter s request. The FAA acknowledges that the AMM s have been revised to include safe-life limits for the elevator auxiliary AFU having P/N 105045-10. However, this AD requires that operators install a new AFU, P/N 105045-13, that does not have life limits. Additionally, paragraph (b) of this AD does not allow operators to install the old AFU s referenced by the commenter, as of the effective date of this AD. The FAA has determined that there is no need to refer to the AMM revisions that include the life limits of the old part. Therefore, no change to the final rule in this regard is necessary.
Request to Revise the Compliance Time
The same commenter, the manufacturer, requests that the compliance time of the proposed AD be revised to read, "The elevator auxiliary AFU P/N 105045-10 which have reached or exceeded 2,000 landings must be replaced within 6 months after the effective date of this AD." The commenter states that the current compliance time would penalize operators whose airplanes are far from 2,000 landings. The commenter also states that spare parts availability has been determined according to the French airworthiness directives 98-429-023(B) and 98-428-007(B), each dated November 4, 1998.
The FAA does not concur. The FAA acknowledges the comment, but points out that the commenter fails to recognize the last phrase in the compliance sentence, "whichever occurs later." Therefore, an airplane that has accumulated very fewlandings as of the effective date of this AD will have until 2,000 total landings to comply with the requirements of this AD. The compliance time of this AD as written, aligns with the French airworthiness directives. Therefore, no change to the final rule in this regard is necessary.
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 change described previously. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.
Cost Impact
The FAA estimates that 186 airplanes of U.S. registry will be affected by this required AD, that it will take approximately 3 work hours per airplane to accomplish the required replacement, and that the average labor rate is $60 per work hour. Required parts will be supplied by the manufacturer at no cost to the operators. Basedon these figures, the cost impact of the required AD on U.S. operators is estimated to be $33,480, or $180 per airplane.
The cost impact figure discussed above is 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.
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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: