AD 2000-05-20

This amendment adopts a new airworthiness directive (AD), 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, that requires 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 amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this 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.

Final rule

2000-05-20 DASSAULT AVIATION [Formerly Avions Marcel Dassault-Breguet Aviation (AMD/BA)]: Amendment 39-11630. Docket 99-NM-319-AD.

Applicability: Model Fan Jet Falcon 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:

(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.

(1) Replace the bag with a new bag, P/N 289-601-235, in accordance with Chapter5 (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), datedJune 30, 1999 (for Model Falcon 10 series airplanes).

(g) This amendment becomes effective on April 18, 2000.

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 Fan Jet Falcon series airplanes; Model Mystere-Falcon 20, 50, 200, and 900 series airplanes; and Model Falcon 10, 900EX, and 2000 series airplanes was published in the Federal Register on December 9, 1999 (64 FR 68963). That action proposed to 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.

Comments

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to this AD or the FAA's determination of the cost to the public.

Conclusion

The FAA has determined that air safety and the public interest require the adoption of the rule as proposed.

Cost Impact

The FAA estimates that as many as 767 airplanes of U.S. registry will be affected by this AD, that it will take approximately 4 work hours per airplane to accomplish the required test and determination, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the 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 requirements of this AD action, and that no operator will accomplish those actions in the future if this AD were not adopted.

Regulatory Impact

The regulations adopted herein will 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 final rule does not have federalism implications under Executive Order 13132.

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, 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. Theauthority 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: