[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Proposed Rules]
[Pages 60323-60325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24392]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 /
Proposed Rules
[[Page 60323]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1037; Directorate Identifier 2012-NM-008-AD]
RIN 2120-AA64
Airworthiness Directives; DASSUALT AVIATION Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes. This proposed 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 proposed AD would
revise the maintenance program 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 November 19,
2012.
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 proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may
review copies of the 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; 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 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-2012-1037;
Directorate Identifier 2012-NM-008-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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0246, dated December 22, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The 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
[[Page 60324]]
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 21, 2011. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Dassault has issued Section 05-40/00, Airworthiness Limitations, of
Chapter 5-40, Airworthiness Limitations, of the Dassault Falcon 50/50EX
Maintenance Manual, Revision 21, dated June 21, 2011. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
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.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 253 products of U.S. registry. 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 the proposed
AD on 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 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Dassault Aviation: Docket No. FAA-2012-1037; Directorate Identifier
2012-NM-008-AD.
(a) Comments Due Date
We must receive comments by November 19, 2012.
(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
21, 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
21, 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 21, 2011, unless the actions, intervals,
and/or CDCCLs are approved as an
[[Page 60325]]
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: 9-ANM-116-AMOC-REQUESTS@faa.gov.
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
(1) 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 21, 2011; for related information.
(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 http://www.dassaultfalcon.com. You may review copies of the 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.
Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-24392 Filed 10-2-12; 8:45 am]
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