[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9798-9800]
[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.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov 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<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

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:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 60323, October 3, 2012) for correcting the unsafe
condition; and
     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 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 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<PHONE_NUMBER>) 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:

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<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (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<PHONE_NUMBER>.
    (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<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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