AD 2017-09-03

[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21467-21469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-08829]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9569; Directorate Identifier 2016-NM-052-AD; 
Amendment 39-18865; AD 2017-09-03]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2013-03-12 for 
all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2013-03-12 
required revising the maintenance program to incorporate certain 
maintenance requirements and airworthiness limitations. This AD 
requires revising the maintenance or inspection program, as applicable, 
to incorporate new or revised maintenance requirements and 
airworthiness limitations. This AD was prompted by issuance of a 
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 address the unsafe condition on 
these products.

DATES: This AD is effective June 13, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 13, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
19, 2013 (78 FR 9798, February 12, 2013).

ADDRESSES: For service information identified in this final rule, 
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 
2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>. 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. It is also available on the 
Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2016-9569.

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> 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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 supersede AD 2013-03-12, Amendment 39-17347 (78 FR 9798, 
February 12, 2013) (``AD 2013-03-12''). AD 2013-03-12 applied to all 
Dassault Aviation Model MYSTERE-FALCON 50 airplanes. The NPRM published 
in the Federal Register on January 6, 2017 (82 FR 1621). The NPRM was 
prompted by the issuance of a revision to the AMM that introduced new 
or more restrictive maintenance requirements and/or airworthiness 
limitations. The NPRM proposed to require revising the maintenance or 
inspection program, as applicable, to incorporate new or revised 
maintenance requirements and airworthiness limitations. We are issuing 
this AD to prevent reduced structural integrity of the airplane.
    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 AD requires revising the maintenance or inspection program, as

[[Page 21468]]

applicable, to incorporate new or revised maintenance requirements and 
airworthiness limitations. You may examine the MCAI in the AD docket on 
the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2016-9569.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this 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 for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Chapter 5-40, Airworthiness Limitations, of the Erratum 
to Dassault Falcon 50/50EX Maintenance Manual, Revision 23, dated July 
2015. This 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.

Costs of Compliance

    We estimate that this AD affects 249 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision (retained  1 work-hour x $85 per                 $0             $85         $21,165
 action from AD 2013-03-12).             hour = $85.
Maintenance or inspection program       1 work-hour x $85 per                  0              85          21,165
 revision (new action).                  hour = $85.
----------------------------------------------------------------------------------------------------------------

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.

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 airworthiness 
directive (AD):

2017-09-03 Dassault Aviation: Amendment 39-18865; Docket No. FAA-
2016-9569; Directorate Identifier 2016-NM-052-AD.

(a) Effective Date

    This AD is effective June 13, 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,

[[Page 21469]]

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 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 Erratum to 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 Erratum to 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: <a href="/cdn-cgi/l/email-protection#6d54402c2320405c5c5b402c20222e403f283c38283e393e2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="fec7d3bfb0b3d3cfcfc8d3bfb3b1bdd3acbbafabbbadaaadbe989f9fd0999188">[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) 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2016-9569.
    (2) For more information about this AD, 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. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#d3eafe929d9efee2e2e5fe929e9c90fe819682869680878093b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="5a63771b1417776b6b6c771b17151977081f0b0f1f090e091a3c3b3b743d352c">[email&#160;protected]</span></a>.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(5) and (n)(6) of this AD.

(n) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR as of 
June 13, 2017.
    (i) Chapter 5-40, Airworthiness Limitations, of the Erratum to 
Dassault Falcon 50/50EX Maintenance Manual, Revision 23, dated July 
2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
March 19, 2013 (78 FR 9798, February 12, 2013).
    (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.
    (5) 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 <a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (6) 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.
    (7) 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 April 24, 2017.
Paul Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-08829 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P