[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Proposed Rules]
[Pages 1621-1623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31963]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9569; Directorate Identifier 2016-NM-052-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-03-
12 for all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 
2013-03-12 currently requires revising the maintenance program to 
incorporate new or revised maintenance requirements and airworthiness 
limitations. Since we issued AD 2013-03-12, the manufacturer has issued 
a revision to the airplane maintenance manual (AMM) that introduces new 
or more restrictive maintenance requirements and/or airworthiness 
limitations. This proposed AD would require revising the maintenance or 
inspection program, as applicable, 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 February 21, 
2017.

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 NPRM, contact Dassault 
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South 
Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may view this 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 by searching for and locating Docket No. FAA-2016-
9569; or in person at the Docket Management Facility 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-2016-9569; 
Directorate Identifier 2016-NM-052-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

    On February 1, 2013, we issued AD 2013-03-12, Amendment 39-17347 
(78 FR 9798, February 12, 2013) (``AD 2013-03-12''). AD 2013-03-12 
requires actions intended to address an unsafe condition on all 
Dassault Aviation Model MYSTERE-FALCON 50 airplanes. Since we issued AD 
2013-03-12, the manufacturer has issued a revision to the AMM that 
introduces new or more restrictive maintenance requirements and/or 
airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0067, dated April 7, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model MYSTERE-FALCON 50 airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the Myst[egrave]re Falcon 50 type design are included in DA 
Myst[egrave]re Falcon 50 Aircraft Maintenance Manual (AMM) chapter 
5-40 and are approved by EASA.
    Failure to implement these limitations or accomplish these tasks 
could result in an unsafe condition [reduced structural integrity of 
the airplane]. Consequently, compliance with these actions has been 
identified as mandatory for continued airworthiness.
    Consequently, EASA issued AD 2011-0246 [which corresponds to FAA 
AD 2013-03-12] to require accomplishment of the maintenance tasks, 
and implementation of the airworthiness limitations, as specified in 
DA Myst[egrave]re Falcon 50 AMM chapter 5-40 Revision 21.
    Since that [EASA] AD was issued, DA issued revision 23 of the 
Mystere Falcon 50 AMM chapter 5-40 (hereafter referred to as `the 
ALS' in this [EASA] AD), which introduces new and more restrictive 
maintenance requirements and/or airworthiness limitations.
    The ALS introduces, among others, the following changes:

--Addition of more detailed data regarding SSIP program,
--Task 53-50-35-220-802 ``Detailed inspection of the frame 35 upper 
and lower sections'', replacing Task 53-50-35-220-801,
--Task 55-00-00-270-801 ``Ultrasonic inspection for stress corrosion 
in stabilizer hinges'', replacing Task 55-00-00-250-801, and
--Task 78-31-00-250-802 ``Special detailed inspection (fluorescent 
penetrant) of thrust reverser door hinge fittings'', replacing Task 
78-31-00-250-801.

    For the reasons described above, this [EASA] AD, retains the 
requirements of EASA AD 2011-0246, which is superseded, and requires 
the implementation of the maintenance tasks and airworthiness 
limitations, as specified in the ALS.

    This proposed AD would require revising the maintenance or 
inspection program, as applicable, to incorporate

[[Page 1622]]

new or revised maintenance requirements and airworthiness limitations. 
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9569.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Section 05-40/00, Airworthiness 
Limitations, of Chapter 5-40, Airworthiness Limitations, of the 
Dassault Falcon 50/50EX Maintenance Manual, Revision 23, dated July 
2015. The service information describes maintenance requirements and/or 
airworthiness limitations. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

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.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this proposed AD, the operator may not be able to accomplish the 
actions 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 (l)(1) of this proposed AD. 
The request should include a description of changes to the required 
actions that will ensure the continued damage tolerance of the affected 
structure.

Costs of Compliance

    We estimate that this proposed AD affects 249 airplanes of U.S. 
registry.
    The actions required by AD 2013-03-12, and retained in this 
proposed AD, take about 1 work-hour per product, at an average labor 
rate of $85 per work-hour. Based on these figures, the estimated cost 
of the actions that are required by AD 2013-03-12 is $85 per product.
    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 this proposed AD on U.S. operators to be $21,165, 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2013-03-12, Amendment 39-17347 (78 FR 9798, February 12, 2013), and 
adding the following new AD:

Dassault Aviation: Docket No. FAA-2016-9569; Directorate Identifier 
2016-NM-052-AD.

(a) Comments Due Date

    We must receive comments by February 21, 2017.

(b) Affected ADs

    (1) This AD replaces AD 2013-03-12, Amendment 39-17347 (78 FR 
9798, February 12, 2013) (``AD 2013-03-12'').
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 
79952, December 21, 2010) (``AD 2010-26-05''), and AD 2012-02-18, 
Amendment 39-16941 (77 FR 12175, February 29, 2012) (``AD-2012-02-
18'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 50 
airplanes, certificated in any category, all manufacturer serial 
numbers.

(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

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2013-03-12, with no changes. Within 30 days after March 19, 2013 
(the effective date of AD 2013-03-12): 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,

[[Page 1623]]

Revision 21, dated June 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 2011, or within 30 days after March 19, 
2013, whichever occurs later.

(h) Retained Provision Regarding Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With New 
Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2013-03-12, with a new exception. Except as required by paragraph 
(i) of this AD: 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 2011, unless the 
actions, intervals, and/or CDCCLs are approved as an alternative 
methods of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate 
airworthiness limitations, maintenance tasks, and associated 
thresholds and intervals specified in Section 05-40/00, 
Airworthiness Limitations, of Chapter 5-40, Airworthiness 
Limitations, of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 23, dated July 2015. 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 23, dated July 2015, or within 30 days after the effective 
date of this AD, whichever occurs later. Accomplishing the revision 
of the maintenance or inspection program required by this paragraph 
terminates the requirements of paragraph (g) of this AD.

(j) New Provision Regarding Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and 
intervals are approved as an AMOC in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Certain ADs

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates all requirements of AD 2010-26-05 and AD 2012-02-
18 for the Dassault Aviation Model MYSTERE-FALCON 50 airplanes 
specified in those ADs.

(l) 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0067, dated April 7, 2016, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-9569.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may view this 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 December 27, 2016.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-31963 Filed 1-5-17; 8:45 am]
BILLING CODE 4910-13-P