AD 2012-02-18

[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12175-12176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-3908]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1166; Directorate Identifier 2010-NM-169-AD; 
Amendment 39-16941; AD 2012-02-18]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes. This AD was 
prompted by reports of cracking of the flap tracks. This AD requires 
revising the maintenance program to include revised airworthiness 
limitations. We are issuing this AD to prevent cracking of the flap 
tracks, which could lead to flap asymmetry and loss of control of the 
airplane.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 4, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on November 2, 2011 (76 
FR 67633). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The Maintenance Procedure (MP) 57-607, related to non 
destructive check of the flap tracks 2 and 5, has been introduced 
thru revision 4 (01/2009) of section 5-10 of the Recommended 
Maintenance Schedules chapter of the Aircraft Maintenance 
Documentation.
    After the implementation of this MP cracks have been detected in 
service.
* * * * *
Cracking of the flap tracks could lead to flap asymmetry and loss of 
control of the airplane. The required actions include revising the 
maintenance program to include ``Non-Destructive Check of Flap Tracks 2 
and 5,'' Maintenance Procedure 57-607, of Chapter 5-40, ``Airworthiness 
Limitations,'' of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 21, dated June 2011. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 67633, November 2, 
2011) or on the determination of the cost to the public.

Explanation of Change Made to This AD

    We have revised the document citation for the service information 
referenced throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD with the change described 
previously--except for minor editorial changes. We have determined that 
these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 67633, November 2, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 67633, November 2, 2011).

Costs of Compliance

    We estimate that this AD will affect 250 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $21,250, 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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (76 FR 67633,

[[Page 12176]]

November 2, 2011), 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 adding the following new AD:

2012-02-18 DASSAULT AVIATION: Amendment 39-16941. Docket No. FAA-
2011-1166; Directorate Identifier 2010-NM-169-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4, 
2012.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of cracking of the flap tracks. 
We are issuing this AD to prevent cracking of the flap tracks, which 
could lead to flap asymmetry and loss of control 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) Actions

    Within 30 days after the effective date of the AD, revise the 
maintenance program to include ``Non-Destructive Check of Flap 
Tracks 2 and 5,'' Maintenance Procedure 57-607, of Chapter 5-40, 
``Airworthiness Limitations,'' of the Dassault Falcon 50/50EX 
Maintenance Manual, Revision 21, dated June 2011. The initial 
compliance time for doing the check is prior to the accumulation of 
7,900 total flight cycles or within 600 flight cycles after the 
effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

(i) 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, 
Washington 98057-3356; phone: 425-227-1137; fax: 425-227-1149. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ebd2c6aaa5a6c6dadaddc6aaa6a4a8c6b9aebabeaeb8bfb8ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="bc8591fdf2f1918d8d8a91fdf1f3ff91eef9ede9f9efe8effcdadddd92dbd3ca">[email&#160;protected]</span></a>. 
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

(j) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0080, dated April 29, 2010; and ``Non-
Destructive Check of Flap Tracks 2 and 5,'' Maintenance Procedure 
57-607, of Chapter 5-40, ``Airworthiness Limitations,'' of the 
Dassault Falcon 50/50EX Maintenance Manual, Revision 21, dated June 
2011; for related information.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information.
    (i) ``Non-Destructive Check of Flap Tracks 2 and 5,'' 
Maintenance Procedure 57-607, of Chapter 5-40, ``Airworthiness 
Limitations,'' of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 21, dated June 2011.
    (A) Only the title page of Chapter 5-40 specifies the revision 
level of 21, dated June 2011; the remaining pages show only the 
revision date of June 2011.
    (B) The pages of the maintenance procedure show a revision date 
of January 2009.
    (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 <a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3908 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-13-P