[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Proposed Rules]
[Pages 67155-67156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1010; Product Identifier 2018-NM-148-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 remove Airworthiness Directive (AD) 2012-02-18, 
which applies to all Dassault Aviation Model MYSTERE-FALCON 50 
airplanes. AD 2012-02-18 requires revising the maintenance program to 
include revised airworthiness limitations. AD 2012-02-18 is no longer 
necessary because we have since issued AD 2017-09-03 to address the 
unsafe condition. Accordingly, we propose to remove AD 2012-02-18.

DATES: We must receive comments on this proposed AD by February 11, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-2018-
1010; or in person at Docket Operations 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 Docket Operations (phone: 
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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-1010; 
Product Identifier 2018-NM-148-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 because of 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

    We issued AD 2012-02-18, Amendment 39-16941 (77 FR 12175, February 
29, 2012) (``AD 2012-02-18''), for all Dassault Aviation Model MYSTERE-
FALCON 50 airplanes. AD 2012-02-18 requires revising the maintenance 
program to include revised airworthiness limitations. AD 2012-02-18 was 
prompted by reports of cracking of the flap tracks. We issued AD 2012-
02-18 to address cracking of the flap tracks, which could lead to flap 
asymmetry and loss of control of the airplane.

Actions Since AD 2012-02-18 Was Issued

    Since we issued AD 2012-02-18, we have issued AD 2017-09-03, 
Amendment 39-18865 (82 FR 21467, May 9, 2017) (``AD 2017-09-03''), 
which addresses the unsafe condition. AD 2017-09-03 requires revising 
the maintenance or inspection program, as applicable, to incorporate 
new and more restrictive maintenance requirements and airworthiness 
limitations, which include an eddy current inspection of flap tracks 2 
and 5 to address cracking.

FAA's Conclusions

    Upon further consideration, we have determined that AD 2012-02-18 
is no longer necessary. Accordingly, this proposed AD would remove AD 
2012-02-18. Removal of AD 2012-02-18 would not preclude the FAA from 
issuing another related action or commit the FAA to any course of 
action in the future.

Costs of Compliance

    This proposed AD would add no cost. This proposed AD would remove 
AD 2012-02-18 from 14 CFR part 39; therefore, operators would no longer 
be required to show compliance with that AD.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    We have 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

[[Page 67156]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the 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) 
2012-02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012), and 
adding the following new AD:

Dassault Aviation: Docket No. FAA-2018-1010; Product Identifier 
2018-NM-148-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by February 11, 
2019.

(b) Affected ADs

    This AD removes AD 2012-02-18, Amendment 39-16941 (77 FR 12175, 
February 29, 2012).

(c) Applicability

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

(d) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.

    Issued in Des Moines, Washington, on December 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-27430 Filed 12-27-18; 8:45 am]
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