[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Proposed Rules]
[Pages 48187-48189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24342]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-198-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 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 Falcon 2000 
series airplanes. This proposal would require a revision to the 
Limitations section of the FAA-approved Airplane Flight Manual (AFM) to 
limit the allowed loads in the baggage compartment aft of the center 
baggage net. The proposed AD also would require replacement of the 
center baggage net in the baggage compartment with a net having 
reinforced straps, which would terminate the requirement for the AFM 
revision. This proposal is prompted by a report indicating that the 
center baggage net cannot sustain design loads in the event of an 
accident. The actions specified by the proposed AD are intended to 
prevent injury to passengers, as a result of inadequate breaking 
strength of the baggage net, in the event of an accident.

DATES: Comments must be received by October 10, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-198-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 Corporation, Teterboro Airport, 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: Tom Groves, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 No. 97-NM-198-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-103, Attention: Rules 
Docket No. 97-NM-198-AD, 1601 Lind Avenue SW, Renton, Washington 98055-
4056.

[[Page 48188]]

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on certain Dassault Model Falcon 2000 series 
airplanes. The DGAC advises that a static strength test, conducted by 
Dassault, demonstrated that the main straps of the center baggage net 
installed in the baggage compartment did not sustain the maximum 
allowed loads permitted aft of the net. This condition, if not 
corrected, could result in injury to passengers in the event of an 
accident.

Explanation of Relevant Service Information

    Dassault issued Falcon 2000 Airplane Flight Manual (AFM) Temporary 
Change No. 31 (undated), which describes procedures for revising the 
AFM to limit allowed loads in the baggage compartment aft of the center 
baggage net. Dassault also has issued Service Bulletin F2000-76 (F2000-
25-2), dated December 11, 1996, which describes procedures for 
replacing the center baggage net in the baggage compartment with a net 
having reinforced straps. Accomplishment of the replacement eliminates 
the need for the AFM revision. The DGAC classified this service 
bulletin and AFM temporary change as mandatory and issued French 
airworthiness directive 96-291-002(B), dated December 4, 1996, in order 
to assure 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 
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 revision to the 
Limitations section of the FAA-approved AFM to limit the allowed loads 
in the baggage compartment aft of the center baggage net. The proposed 
AD also would require replacing the center baggage net in the baggage 
compartment with a net having reinforced straps, which would terminate 
the requirement for the AFM revision. The actions would be required to 
be accomplished in accordance with the service bulletin and AFM 
temporary change described previously.

Cost Impact

    The FAA estimates that 20 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed replacement, at an average labor rate of $60 per work 
hour. Required parts would cost approximately $520 per airplane. Based 
on these figures, the cost impact on U.S. operators of the replacement 
proposed by this AD is estimated to be $11,600, or $580 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed AFM revision, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact on U.S. operators of the 
AFM revision proposed by this AD is estimated to be $1,200, or $60 per 
airplane.
    Based on the above figures, the total cost impact on U.S. operators 
of the proposed replacement and AFM revision is estimated to be 
$12,800, or $640 per airplane.
    The cost impact figures discussed above are 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: Docket 97-NM-198-AD.

    Applicability: Model Falcon 2000 airplanes, serial numbers 2 
through 31 inclusive; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (c) 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 injury to passengers as a result of inadequate 
breaking strength of the baggage net, accomplish the following:
    (a) Within 60 days after the effective date of this AD, revise 
the Limitations section of the FAA-approved Airplane Flight Manual 
(AFM) by inserting into the AFM a copy of Falcon 2000 AFM Temporary 
Change No. 31 (undated).

    Note 2: The revision of the AFM required by this paragraph may 
be accomplished by inserting a copy of Falcon 2000 AFM Temporary 
Change No. 31 in the AFM. When this temporary change has been 
incorporated into general revisions of the AFM, the general 
revisions may be inserted in the AFM,

[[Page 48189]]

provided that the information contained in the general revisions is 
identical to that specified in Falcon 2000 AFM Temporary Change No. 
31.

    (b) Within 6 months after the effective date of this AD, replace 
the center baggage net in the baggage compartment with a net having 
reinforced straps, in accordance with Dassault Service Bulletin 
F2000-76 (F2000-25-2), dated December 21, 996. After this 
replacement is accomplished, the AFM revision required by paragraph 
(a) of this AD may be removed from the AFM.
    (c) 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, Standardization Branch, 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, 
Standardization Branch.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, Standardization Branch.

    (d) 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.

    Issued in Renton, Washington, on September 9, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-24342 Filed 9-12-97; 8:45 am]
BILLING CODE 4910-13-U