Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Proposed Rules 48187

unless the alien was lawfully admitted

and either remains in status as a

permanent resident or has not, since the

commencement of proceedings or

within the 10 years prior thereto, been

convicted of a crime, failed to comply

with an order to surrender or a period

of voluntary departure, or been subject

to a bench warrant or similar legal

process (unless quashed, withdrawn, or

canceled as improvidently issued). An

alien eligible to be considered for

release under this paragraph must meet

the burdens described in paragraph

(c)(3) of this section in order to be

released from custody in the exercise of

discretion.

(5) Criminal aliens ineligible to be

considered for release. A criminal alien

subject to section 303(b)(3)(A) (ii) or (iii)

of Pub. L. No. 104–208 is ineligible to

be considered for release if the alien:

(i) Is described in section 237(a)(2)(D)

(i) or (ii) (as in effect on April 1, 1997),

or has been convicted of a crime

described in section 101(a)(43) (A), (C),

(E)(i), (H), (I), (K)(iii), or (L) of the Act

(as in effect on April 1, 1997);

(ii) Is described in section

237(a)(2)(A)(iv) of the Act;

(iii) Has escaped or attempted to

escape from the lawful custody of a

local, state, or Federal prison, agency, or

officer within the United States; or

(iv) Does not wish to pursue, or is

statutorily ineligible for, any form of

relief from exclusion, deportation, or

removal under this chapter or the Act.

(6) If the district director determines

that an Alien subject to section

303(b)(3)(A) (ii) or (iii) of Pub. L. 104–

208 cannot be removed from the United

States because the designated country of

removal of deportation will not accept

the alien’s return, the district director

may, in the exercise of discretion,

release the alien from custody upon

such terms and conditions as the district

director may prescribe, without regard

to paragraphs (c)(2) through (c)(5) of this

section. Under no circumstances,

however, shall the district director

release from custody an alien whose

release would pose a danger to persons

or to property, or who is unlikely to

appear for any scheduled proceeding

(including any appearance required by

the Service or EOIR). The district

director’s custody decision shall not be

subject to redetermination by an

immigration judge.

(7) Construction. A reference in this

section to a provision in section 241 of

the Act as in effect prior to April 1,

1997, shall be deemed to include a

reference to the corresponding provision

in section 237 of the Act as in effect on

April 1, 1997. A reference in this section

to a ‘‘crime’’ shall be considered to

include a reference to a conspiracy or

attempt to commit such a crime. In

calculating the 10-year period specified

in paragraph (c)(4) of this section, no

period during which the alien was

detained or incarcerated shall count

toward the total. Nothing in this part

shall be construed as prohibiting an

alien from seeking reconsideration of

the Service’s determination that the

alien is within a category barred from

release under this part.

* * * * *

Dated: September 5, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–24411 Filed 9–11–97; 8:45 am]

BILLING CODE 4410–10–M

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).

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.
48188 Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Proposed Rules

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.

§ 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,
Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Proposed Rules 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–132–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–10, –20, –30, and

–40, and C–9 (Military) Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

McDonnell Douglas Model DC–9–10,

–20, –30, and –40, and C–9 (military)

series airplanes. This proposal would

require modifying the piping of the

potable water system. This proposal is

prompted by reports of ice forming on

the control cables in the wheel well of

the left main landing gear due to the

freezing and rupturing of undrained

potable water pipes. The actions

specified by the proposed AD are

intended to prevent such ice formation,

which could render the slat, aileron,

and spoiler flight controls inoperative,

and consequently could result in

reduced controllability of the airplane.

DATES: Comments must be received by

October 27, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

132–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

The Boeing Company, Douglas Products

Division, 3855 Lakewood Boulevard,

Long Beach, California 90846,

Attention: Technical Publications

Business Administration, Department

C1–L51 (2–60). This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue

SW, Renton, Washington; or at the FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California.

FOR FURTHER INFORMATION CONTACT:

Albert Lam, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (562) 627–5346; fax (562)

627–5210.

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–132–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–132–AD, 1601 Lind Avenue

SW, Renton, Washington 98055–4056.

Discussion

The FAA received numerous reports,

including one from January 1997,

indicating that, during flight, ice formed

on the control cables in the wheel well

of the left main landing gear on

McDonnell Douglas Model DC–9 series

airplanes. The cause of the ice formation

was attributed to the freezing and

rupturing of an undrained potable water

pipe. This condition, if not corrected,

could render the slat, aileron, and

spoiler flight controls inoperative,

which could result in reduced

controllability of the airplane.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas DC–9 Service

Bulletin 38–27, Revision 1, dated May

16, 1978, which describes procedures

for modifying the piping of the potable

water system. The modification involves

replacing the pipe assemblies of the

pressurized potable water system with a

hose assembly, and installing a metal

shroud over the hose assembly.

Accomplishment of the modification

will divert water leakage into the cargo

compartment drain system.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require modifying the piping of the

potable water system. The actions

would be required to be accomplished

in accordance with the service bulletin

described previously.