[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Proposed Rules]
[Pages 68963-68965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31877]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-319-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Fan Jet Falcon Series
Airplanes; Model Mystere-Falcon 20, 50, 200, and 900 Series Airplanes;
and Model Falcon 10, 900EX, and 2000 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Dassault Model Fan Jet
Falcon series airplanes; Model Mystere-Falcon 20, 50, 200, and 900
series airplanes; and Model Falcon 10, 900EX, and 2000 series
airplanes. This proposal would require a functional test of the
passenger oxygen masks, determination of the part number of the
installed oxygen mask bags; and corrective action, if necessary. This
proposal is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by the proposed AD are intended to ensure that proper plastic
bags of the passenger oxygen masks are installed, and that the masks
are functioning properly. Improper plastic bags that have cracks or
improperly functioning masks could result in insufficient oxygen to
passengers in the event of rapid depressurization of the airplane.
DATES: Comments must be received by January 10, 2000.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-319-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule 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.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule.
The proposals contained in this notice may be changed in light of
the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-319-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-319-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on certain Dassault Model Fan Jet Falcon series
airplanes, Model Mystere-Falcon 20, 50, 200, and 900 series airplanes,
and Model Falcon 10, 900EX, and 2000 series airplanes; equipped with
certain EROS passenger oxygen masks. The DGAC advises that, during a
functional test of the passenger oxygen system on a Model Falcon 50
[[Page 68964]]
series airplane, oxygen bags were found cracked at the junction between
the bag and the hose.
Investigation revealed that the manufacturer of the oxygen system,
EROS, incorporated new plastic bags on certain oxygen masks during 1997
without changing the existing part number of the oxygen masks. These
plastic bags do not conform to the existing design standards for oxygen
masks installed on the subject airplanes, and may be subject to
cracking. This condition, if not corrected, could result in
insufficient oxygen to passengers in the event of rapid
depressurization of the airplane.
Explanation of Foreign Airworthiness Directives
The DGAC has issued airworthiness directives 1999-270-025(B), dated
June 30, 1999 (for Model Fan Jet Falcon series airplanes, Model
Mystere-Falcon 20 and 200 series airplanes); 1999-271-026(B), dated
June 30, 1999 (for Model Mystere-Falcon 50 and 900 series airplanes,
and Model Falcon 900EX series airplanes); 1999-267-010(B), dated June
30, 1999 (for Model Falcon 2000 series airplanes); and 1999-269-024(B),
dated June 30, 1999 (for Model Falcon 10 series airplanes); in order to
assure the continued airworthiness of these airplanes in France. These
French airworthiness directives require a functional test of the
passenger masks; determination of the part number of the installed
bags; and corrective action, if necessary. The corrective action
involves replacing the oxygen mask bags or rendering the passenger seat
inoperative. Accomplishment of these actions is intended to adequately
address the identified unsafe condition.
FAA's Conclusions
These airplane models are manufactured in France and are 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 Requirements of Proposed 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, the proposed AD would require a functional test
of the passenger oxygen masks; determination of the part number of the
installed bags; and corrective action, if necessary.
Cost Impact
The FAA estimates that as many as 767 airplanes of U.S. registry
may be affected by this proposed AD, that it would take approximately 4
work hours per airplane to accomplish the proposed test and
determination, and that the average labor rate is $60 per work hour.
Based on these figures, the cost impact of the proposed AD on U.S.
operators is estimated to be $184,080, or $240 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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 proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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:
Dassault Aviation [Formerly Avions Marcel Dassault-Breguet Aviation
(AMD/BA)]: Docket 99-NM-319-AD.
Applicability: Model Fan Jet Falcon series airplanes, Model
Mystere-Falcon 20, 50, 200, and 900 series airplanes, and Model
Falcon 10, 900EX, and 2000 series airplanes; equipped with EROS
passenger oxygen masks, part number (P/N) MW 37-09, MW 37-11, MW 37-
14, MW 37-18, MW 37-28, MW 37-31, or MW 37-36; 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 (e) 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 ensure that proper plastic bags of the passenger oxygen masks
are installed, and that the masks are functioning properly,
accomplish the following:
Functional Test and Determination of Part Number (P/N)
(a) Within 10 flights after the effective date of this AD,
perform a functional test of the passenger oxygen masks in
accordance with Chapter 5 (ATA Code 35) of the airplane maintenance
manual (AMM) for the affected airplanes, as applicable; and
determine the P/N of the installed oxygen mask bags.
Corrective Actions
(b) If any Scott oxygen mask bag, P/N 289-801-235, is installed,
prior to further flight, accomplish either paragraph (b)(1) or
(b)(2) of this AD.
[[Page 68965]]
(1) Replace the bag with a new bag, P/N 289-601-235, in
accordance with Chapter 5 (ATA Code 35) of the AMM for the affected
airplanes, as applicable.
(2) Render any affected seat inoperative, and within 30 days
after rendering the affected seat inoperative, accomplish the action
specified in paragraph (b)(1) of this AD.
(c) If any discrepancy is detected during the functional test
required by paragraph (a) of this AD, prior to further flight,
repair the discrepancy in accordance with Chapter 5 (ATA Code 35) of
the AMM for the affected airplanes, as applicable.
Spares
(d) As of the effective date of this AD, no person shall install
a SCOTT oxygen mask bag, P/N 289-801-235, on any airplane.
Alternative Methods of Compliance
(e) 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 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.
Special Flight Permits
(f) 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
airworthiness directives 1999-270-025(B), dated June 30, 1999 (for
Model Jet Falcon series airplanes, and Model Mystere-Falcon 20 and
200 series airplanes); 1999-271-026(B), dated June 30, 1999 (for
Model Mystere-Falcon 50 and 900 series airplanes, and Model Falcon
900EX series airplanes); 1999-267-010(B), dated June 30, 1999 (for
Model Falcon 2000 series airplanes); and 1999-269-024(B), dated June
30, 1999 (for Model Falcon 10 series airplanes).
Issued in Renton, Washington, on December 3, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-31877 Filed 12-8-99; 8:45 am]
BILLING CODE 4910-13-P