AD 2013-03-12

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9798-9800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-02891]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1037; Directorate Identifier 2012-NM-008-AD; 
Amendment 39-17347; AD 2013-03-12]
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 a manufacturer revision to the airplane maintenance manual 
(AMM) that introduces new or more restrictive maintenance requirements 
and airworthiness limitations. This AD requires revising the 
maintenance program to incorporate new or revised maintenance 
requirements and airworthiness limitations. We are issuing this AD to 
prevent reduced structural integrity of the airplane.

DATES: This AD becomes effective March 19, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 19, 
2013.

[[Page 9799]]


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, WA 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 October 3, 2012 (77 
FR 60323). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 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 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 (77 FR 60323, October 3, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 60323, October 3, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 60323, October 3, 2012).

Costs of Compliance

    We estimate that this AD will affect 253 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 $21,505, 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 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 that this AD:
    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 (77 FR 60323, October 3, 
2012), 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:

[[Page 9800]]

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:

2013-03-12 Dassault Aviation: Amendment 39-17347. Docket No. FAA-
2012-1037; Directorate Identifier 2012-NM-008-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 19, 
2013.

(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 
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 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 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 (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: <a href="/cdn-cgi/l/email-protection#c8f1e5898685e5f9f9fee58985878be59a8d999d8d9b9c9b88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="c8f1e5898685e5f9f9fee58985878be59a8d999d8d9b9c9b88aea9a9e6afa7be">[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.

(k) Related Information

    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 2011; for related information.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) 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.
    (ii) Reserved.
    (3) 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>.
    (4) You may review copies of the 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02891 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P