[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Proposed Rules]
[Pages 60323-60325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24392]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / 
Proposed Rules  

[[Page 60323]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1037; Directorate Identifier 2012-NM-008-AD]
RIN 2120-AA64


Airworthiness Directives; DASSUALT AVIATION Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes. This proposed AD 
was prompted by a manufacturer revision to the airplane maintenance 
manual (AMM) that introduces new or more restrictive maintenance 
requirements and airworthiness limitations. This proposed AD would 
revise the maintenance program to incorporate new or revised 
maintenance requirements and airworthiness limitations. We are 
proposing this AD to prevent reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by November 19, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1137; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1037; 
Directorate Identifier 2012-NM-008-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2011-0246, dated December 22, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the Myst[egrave]re-Falcon 50 (MF50) type design are included in 
Dassault Aviation Myst[egrave]re-Falcon 50 Aircraft Maintenance 
Manual (AMM) chapter 5-40 and approved by the European Aviation 
Safety Agency (EASA). EASA issued AD 2008-0221 to require 
accomplishment of the maintenance tasks and implementation of the 
airworthiness limitations, as specified in Dassault Aviation MF50 
AMM chapter 5-40 at revision 17.
    Since that [EASA] AD was issued, Dassault Aviation issued MF50 
AMM chapter 5-40 at revision 21, which introduces new or more 
restrictive maintenance requirements and/or airworthiness 
limitations.
    Dassault Aviation AMM chapter 5-40 revision 21 contains among 
other changes the following requirements:

--Corrosion Prevention and Control Programme (CPCP). Compliance with 
this programme was required by DGAC [Direction 
G[eacute]n[eacute]rale de l'Aviation Civile] France AD F-2004-162 
(EASA approval number 2004-10117). A new CPCP approach is now 
introduced in MF50 AMM chapter 5-40 at revision 21;
--Check of overpressure tightness on pressurization control 
regulating valves. Compliance with this check is required by EASA AD 
2008-0072 [which corresponds to FAA AD 2010-26-05, Amendment 39-
16544 (75 FR 79952, December 21, 2010]. MF50 AMM chapter 5-40 at 
revision 21 introduces extended inspection interval;
--Non destructive check of the flap tracks 2 and 5. Compliance with 
this check is required by EASA AD 2010-0080.

    The maintenance tasks and airworthiness limitations, as 
specified in the MF50 AMM chapter 5-40, have been identified as 
mandatory actions for continued airworthiness of the MF50 type 
design. Failure to comply with AMM chapter 5-40 at revision 21 might 
constitute an unsafe condition [which could result in reduced 
structural integrity of the airplane].
    For the reasons described above, this [EASA] AD, which 
supersedes DGAC France AD F-2004-162, requires the implementation of 
the maintenance tasks and airworthiness limitations, as specified in 
Dassault Aviation MF50 AMM chapter 5-40 at revision 21.

The required action is revising the maintenance program to incorporate 
all

[[Page 60324]]

airworthiness limitations and maintenance tasks specified in Section 
05-40/00, Airworthiness Limitations, of Chapter 5-40, Airworthiness 
Limitations, of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 21, dated June 21, 2011. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Section 05-40/00, Airworthiness Limitations, of 
Chapter 5-40, Airworthiness Limitations, of the Dassault Falcon 50/50EX 
Maintenance Manual, Revision 21, dated June 21, 2011. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 253 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $21,505, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Dassault Aviation: Docket No. FAA-2012-1037; Directorate Identifier 
2012-NM-008-AD.

(a) Comments Due Date

    We must receive comments by November 19, 2012.

(b) Affected ADs

    Certain requirements of this AD terminate the requirements of AD 
2012-02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012); and 
AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), 
for the airplanes identified in paragraph (c) of this AD.

(c) Applicability

    (1) This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON 50 
airplanes, certificated in any category, all serial numbers.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these 
inspections is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
inspections.

 (e) Reason

    This AD was prompted by a manufacturer revision to the airplane 
maintenance manual (AMM) that introduces new or more restrictive 
maintenance requirements and/or airworthiness limitations. We are 
issuing this AD to prevent reduced structural integrity of the 
airplane.

 (f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Maintenance Program Revision

    Within 30 days after the effective date of this AD: Revise the 
maintenance program to incorporate all airworthiness limitations and 
maintenance tasks specified in Section 05-40/00, Airworthiness 
Limitations, of Chapter 5-40, Airworthiness Limitations, of the 
Dassault Falcon 50/50EX Maintenance Manual, Revision 21, dated June 
21, 2011. The initial compliance times for the tasks are at the 
applicable times specified in Section 05-40/00, Airworthiness 
Limitations, of Chapter 5-40, Airworthiness Limitations, of the 
Dassault Falcon 50/50EX Maintenance Manual, Revision 21, dated June 
21, 2011, or within 30 days after the effective date of this AD, 
whichever occurs later.

(h) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revisions required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Section 05-40/
00, Airworthiness Limitations, of Chapter 5-40, Airworthiness 
Limitations, of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 21, dated June 21, 2011, unless the actions, intervals, 
and/or CDCCLs are approved as an

[[Page 60325]]

alternative methods of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action for Certain ADs

    Accomplishing the actions required by paragraph (g) of this AD 
terminates the requirements of AD 2012-02-18, Amendment 39-16941 (77 
FR 12175, February 29, 2012); and AD 2010-26-05, Amendment 39-16544 
(75 FR 79952, December 21, 2010); for the DASSAULT AVIATION Model 
MYSTERE-FALCON 50 airplanes specified in those ADs.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0246, dated December 22, 2011; and Section 05-40/00, 
Airworthiness Limitations, of Chapter 5-40, Airworthiness 
Limitations, of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 21, dated June 21, 2011; for related information.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24392 Filed 10-2-12; 8:45 am]
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