[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Proposed Rules]
[Pages 21679-21681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-56-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, Mystere-Falcon 200, and Falcon 10 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 all Dassault Model Falcon 2000, 
Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, 
Mystere-Falcon 20, Mystere-Falcon 200, and Falcon 10 series airplanes. 
This proposal would require repetitive tests and inspections to detect 
discrepancies of the overwing emergency exit; 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 
prevent failure of the overwing emergency exits to open, and consequent 
injury to passengers or crew members during an emergency evacuation.

DATES: Comments must be received by May 24, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-56-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.
    Information pertaining to this proposed rule 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.

[[Page 21680]]

    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 2000-NM-56-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. 2000-NM-56-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 all Dassault Model Falcon 2000, Mystere-Falcon 
900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 
20, Mystere-Falcon 200, and Falcon 10 series airplanes. The DGAC 
advises that service experience has shown that the overwing emergency 
exits on Dassault Falcon series airplanes may not operate correctly. 
This incorrect operation may be caused by interference between the 
emergency exit and the upper part of the airframe structure, or between 
the emergency exit and the interior accommodation. This condition, if 
not corrected, could result in failure of the overwing emergency exits 
to open, and consequent injury to passengers or crew members during an 
emergency evacuation.

Related French Airworthiness Directives

    The DGAC issued French airworthiness directives 1999-213-025(B) 
(for Model Mystere-Falcon 50, Mystere-Falcon 900, and Falcon 900EX 
series airplanes), 1999-212-024(B) (for Model Fan Jet Falcon, Mystere-
Falcon 20, and Mystere-Falcon 200 series airplanes), 1999-211-023(B) 
(for Model Falcon 10 series airplanes), and 1999-210-009(B) (for Model 
Falcon 2000 series airplanes); all dated May 19, 1999. These French 
airworthiness directives require a test of the overwing emergency exit 
from inside the cabin, in accordance with the applicable maintenance 
manual procedures.

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 repetitive tests 
and inspections to detect discrepancies of the overwing emergency exit; 
and corrective action, if necessary. Procedures for accomplishment of 
these actions are specified in the applicable aircraft maintenance 
manual.

Cost Impact

    The FAA estimates that 767 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, 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 
$46,020, or $60 per airplane, per inspection cycle.
    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 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 proposal would not have federalism implications 
under Executive Order 13132.
    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: Docket 2000-NM-56-AD.

    Applicability: All Model Falcon 2000, Mystere-Falcon 900, Falcon 
900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 20, 
Mystere-Falcon 200, and Falcon 10 series airplanes; 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 failure of the overwing emergency exits to open, and 
consequent injury to passengers or crew members during an emergency 
evacuation, accomplish the following:

Operational Test and Inspection

    (a) Within 30 days after the effective date of this AD, perform 
an operational test and detailed visual inspection of the overwing 
emergency exit from inside the cabin to detect discrepancies 
(including separation, tearing, wearing,

[[Page 21681]]

arcing, cracking) in the areas and components listed in Chapter 5 
(ATA Code 52) of the applicable airplane maintenance manual (AMM). 
Accomplish the actions in accordance with the applicable AMM. If any 
discrepancy is detected during any test or inspection required by 
this paragraph, prior to further flight, repair in accordance with 
Chapter 5 (ATA Code 52) of the applicable AMM. Repeat the 
operational test and inspection thereafter at intervals not to 
exceed 13 months.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

Alternative Methods of Compliance

    (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, 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 3: 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

    (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 4: The subject of this AD is addressed in French 
airworthiness directives 1999-213-025(B), 1999-212-024(B), 1999-211-
023(B), and 1999-210-009(B); all dated May 19, 1999.


    Issued in Renton, Washington, on April 18, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-10164 Filed 4-21-00; 8:45 am]
BILLING CODE 4910-13-U