82_FR_21557 82 FR 21469 - Airworthiness Directives; Dassault Aviation Airplanes

82 FR 21469 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 88 (May 9, 2017)

Page Range21469-21471
FR Document2017-09323

We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by a determination that inspections for discrepancies of the fuselage bulkhead are necessary. This AD requires repetitive inspections for discrepancies of the fuselage bulkhead, and repair if necessary. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 88 (Tuesday, May 9, 2017)
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21469-21471]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9303; Directorate Identifier 2016-NM-093-AD; 
Amendment 39-18875; AD 2017-10-01]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FAN JET FALCON airplanes; all Model FAN JET 
FALCON SERIES C, D, E, F, and G airplanes; and all Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by a 
determination that inspections for discrepancies of the fuselage 
bulkhead are necessary. This AD requires repetitive inspections for 
discrepancies of the fuselage bulkhead, and repair if

[[Page 21470]]

necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective June 13, 2017.

ADDRESSES: 

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9303; 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 by adding an AD that would apply to all Dassault Aviation Model 
FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, E, F, 
and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 
20-F5 airplanes. The NPRM published in the Federal Register on November 
1, 2016 (81 FR 75757) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0096, dated May 19, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, 
E, F, and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes. The MCAI states:

    A detailed inspection (DET) of the fuselage bulkhead at frame 
(FR) 33 is established through a subset of inspection/check 
maintenance procedure referenced in the applicable aircraft 
maintenance manual (AMM), task 53-10-0-6 ``MAIN FRAME--INSPECTION/
CHECK'', with periodicity established in Chapter 5-10, at every C-
Check. Failure to accomplish this DET could lead to deterioration of 
the affected structure.
    This condition, if not detected and corrected, could lead to 
bulkhead failure, possibly resulting in a rapid depressurization of 
the aeroplane and consequent injury to occupants.
    For the reasons described above, this [EASA] AD requires 
repetitive DET of the bulkhead at FR33 [for discrepancies, such as 
buckling, deformations, cracks, loose countersinks, scratches, 
dents, and corrosion], and depending on findings, repair of the 
affected structure.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9303.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response to the single commenter.

Request To Reduce Compliance Time

    The commenter, Mark Reiner, asked that the compliance time for the 
repetitive inspections required by paragraph (g) of the proposed AD be 
reduced from 5,000 to 2,500 flight cycles. The commenter reasoned that 
since so many airplanes are flying around the world and accumulating 
numerous flight cycles, the chances of problems occurring on an 
airplane are greatly increased.
    We do not agree with the commenter's request. In developing an 
appropriate compliance time for this action, we considered not only the 
degree of urgency associated with addressing the subject unsafe 
condition, but the manufacturer's recommendation for an appropriate 
compliance time, and the practical aspect of accomplishing the 
inspections within an interval of time that corresponds to the typical 
scheduled maintenance for the majority of affected operators. Further, 
we determined that the compliance time recommended by the manufacturer 
and EASA, and the time required for the rulemaking process provide an 
acceptable level of safety. Therefore, we have not changed this AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, 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:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 133 airplanes of U.S. registry.
    We also estimate that it takes about 8 work-hours 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 on U.S. operators to be $90,440, or $680 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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

[[Page 21471]]

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):

2017-10-01 Dassault Aviation: Amendment 39-18875; Docket No. FAA-
2016-9303; Directorate Identifier 2016-NM-093-AD.

(a) Effective Date

    This AD is effective June 13, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Dassault Aviation airplanes specified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, 
and G airplanes.
    (2) Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that inspections for 
discrepancies of the fuselage bulkhead at frame (FR) 33 are 
necessary. We are issuing this AD to detect and correct 
discrepancies of the fuselage bulkhead; such discrepancies could 
result in the deterioration and subsequent failure of the bulkhead, 
which could result in rapid decompression of the airplane and 
consequent injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections

    Before exceeding 5,000 total flight cycles since first flight of 
the airplane, or within 500 flight cycles after the effective date 
of this AD, whichever occurs later: Do a detailed inspection for 
discrepancies of the fuselage bulkhead at FR 33 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. Repeat the inspection thereafter at intervals 
not to exceed 5,000 flight cycles.

(h) Repair

    If any discrepancy is found during any inspection required by 
paragraph (g) of this AD: Before further flight, repair using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the EASA; or Dassault 
Aviation's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature. Repair of an airplane as 
required by this paragraph does not constitute terminating action 
for the repetitive actions required by paragraph (g) of this AD, 
unless specified otherwise in the repair instructions.

(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, 
WA 98057-3356; telephone: 425-227-1137; fax: 425-227-1149. 
Information may be emailed to: [email protected]. 
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.
    (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 EASA; 
or Dassault Aviation's EASA DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2016-0096, dated May 19, 2016, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-9303.

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on May 1, 2017.

Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-09323 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P



                                                                  Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations                                                21469

                                             Airworthiness Limitations, of Chapter 5–40,             MYSTERE–FALCON 50 airplanes specified                 Falcon 50/50EX Maintenance Manual,
                                             Airworthiness Limitations, of the Dassault              in those ADs.                                         Revision 23, dated July 2015.
                                             Falcon 50/50EX Maintenance Manual,                                                                               (ii) Reserved.
                                                                                                     (l) Other FAA AD Provisions
                                             Revision 21, dated June 2011. The initial                                                                        (4) The following service information was
                                             compliance times for the tasks are at the                  The following provisions also apply to this        approved for IBR on March 19, 2013 (78 FR
                                             applicable times specified in Section 05–40/            AD:                                                   9798, February 12, 2013).
                                             00, Airworthiness Limitations, of Chapter 5–               (1) Alternative Methods of Compliance                 (i) Section 05–40/00, Airworthiness
                                             40, Airworthiness Limitations, of the                   (AMOCs): The Manager, International                   Limitations, of Chapter 5–40, Airworthiness
                                             Dassault Falcon 50/50EX Maintenance                     Branch, ANM–116, Transport Airplane                   Limitations, of the Dassault Falcon 50/50EX
                                             Manual, Revision 21, dated June 2011, or                Directorate, FAA, has the authority to                Maintenance Manual, Revision 21, dated
                                             within 30 days after March 19, 2013,                    approve AMOCs for this AD, if requested               June 2011.
                                             whichever occurs later.                                 using the procedures found in 14 CFR 39.19.              (ii) Reserved.
                                                                                                     In accordance with 14 CFR 39.19, send your               (5) For service information identified in
                                             (h) Retained Provision Regarding                        request to your principal inspector or local          this AD, contact Dassault Falcon Jet
                                             Alternative Actions, Intervals, and Critical            Flight Standards District Office, as                  Corporation, Teterboro Airport, P.O. Box
                                             Design Configuration Control Limitations                appropriate. If sending information directly          2000, South Hackensack, NJ 07606;
                                             (CDCCLs), With New Exception                            to the International Branch, send it to ATTN:         telephone 201–440–6700; Internet http://
                                                This paragraph restates the requirements of          Tom Rodriguez, Aerospace Engineer,                    www.dassaultfalcon.com.
                                             paragraph (h) of AD 2013–03–12, with a new              International Branch, ANM–116, Transport                 (6) You may view this service information
                                                                                                     Airplane Directorate, FAA, 1601 Lind                  at the FAA, Transport Airplane Directorate,
                                             exception. Except as required by paragraph
                                                                                                     Avenue SW., Renton, WA 98057–3356;                    1601 Lind Avenue SW., Renton, WA. For
                                             (i) of this AD: After accomplishing the
                                                                                                     telephone 425–227–1137; fax 425–227–1149.             information on the availability of this
                                             revisions required by paragraph (g) of this
                                                                                                     Information may be emailed to: 9-ANM-116-             material at the FAA, call 425–227–1221.
                                             AD, no alternative actions (e.g., inspections),
                                                                                                     AMOC-REQUESTS@faa.gov. Before using                      (7) You may view this service information
                                             intervals, and/or CDCCLs may be used other
                                                                                                     any approved AMOC, notify your appropriate            that is incorporated by reference at the
                                             than those specified in Section 05–40/00,               principal inspector, or lacking a principal
                                             Airworthiness Limitations, of Chapter 5–40,                                                                   National Archives and Records
                                                                                                     inspector, the manager of the local flight
                                             Airworthiness Limitations, of the Dassault                                                                    Administration (NARA). For information on
                                                                                                     standards district office/certificate holding
                                             Falcon 50/50EX Maintenance Manual,                                                                            the availability of this material at NARA, call
                                                                                                     district office. The AMOC approval letter
                                             Revision 21, dated June 2011, unless the                                                                      202–741–6030, or go to: http://
                                                                                                     must specifically reference this AD.
                                             actions, intervals, and/or CDCCLs are                                                                         www.archives.gov/federal-register/cfr/ibr-
                                                                                                        (2) Contacting the Manufacturer: For any
                                             approved as an alternative methods of                                                                         locations.html.
                                                                                                     requirement in this AD to obtain corrective
                                             compliance (AMOC) in accordance with the                actions from a manufacturer, the action must            Issued in Renton, Washington, on April 24,
                                             procedures specified in paragraph (l)(1) of             be accomplished using a method approved               2017.
                                             this AD.                                                by the Manager, International Branch, ANM–            Paul Bernado,
                                             (i) New Maintenance or Inspection Program               116, Transport Airplane Directorate, FAA; or          Acting Manager, Transport Airplane
                                             Revision                                                the European Aviation Safety Agency
                                                                                                                                                           Directorate, Aircraft Certification Service.
                                                                                                     (EASA); or Dassault Aviation’s EASA Design
                                                Within 30 days after the effective date of           Organization Approval (DOA). If approved by           [FR Doc. 2017–08829 Filed 5–8–17; 8:45 am]
                                             this AD: Revise the maintenance or                      the DOA, the approval must include the                BILLING CODE 4910–13–P
                                             inspection program, as applicable, to                   DOA-authorized signature.
                                             incorporate airworthiness limitations,
                                             maintenance tasks, and associated thresholds            (m) Related Information
                                                                                                                                                           DEPARTMENT OF TRANSPORTATION
                                             and intervals specified in Section 05–40/00,               (1) Refer to Mandatory Continuing
                                             Airworthiness Limitations, of Chapter 5–40,             Airworthiness Information (MCAI) EASA                 Federal Aviation Administration
                                             Airworthiness Limitations, of the Erratum to            Airworthiness Directive 2016–0067, dated
                                             Dassault Falcon 50/50EX Maintenance                     April 7, 2016, for related information. This
                                             Manual, Revision 23, dated July 2015. The               MCAI may be found in the AD docket on the
                                                                                                                                                           14 CFR Part 39
                                             initial compliance times for the tasks are at           Internet at http://www.regulations.gov by             [Docket No. FAA–2016–9303; Directorate
                                             the applicable times specified in Section 05–           searching for and locating Docket No. FAA–            Identifier 2016–NM–093–AD; Amendment
                                             40/00, Airworthiness Limitations, of Chapter            2016–9569.                                            39–18875; AD 2017–10–01]
                                             5–40, Airworthiness Limitations, of the                    (2) For more information about this AD,
                                             Erratum to Dassault Falcon 50/50EX                      contact Tom Rodriguez, Aerospace Engineer,            RIN 2120–AA64
                                             Maintenance Manual, Revision 23, dated July             International Branch, ANM–116, Transport
                                             2015, or within 30 days after the effective             Airplane Directorate, FAA, 1601 Lind                  Airworthiness Directives; Dassault
                                             date of this AD, whichever occurs later.                Avenue SW., Renton, WA 98057–3356;                    Aviation Airplanes
                                             Accomplishing the revision of the                       telephone 425–227–1137; fax 425–227–1149.
                                             maintenance or inspection program required              Information may be emailed to: 9-ANM-116-             AGENCY:  Federal Aviation
                                             by this paragraph terminates the                        AMOC-REQUESTS@faa.gov.                                Administration (FAA), Department of
                                             requirements of paragraph (g) of this AD.                  (3) Service information identified in this         Transportation (DOT).
                                                                                                     AD that is not incorporated by reference is
                                             (j) New Provision Regarding Alternative                                                                       ACTION: Final rule.
                                                                                                     available at the addresses specified in
                                             Actions and Intervals
                                                                                                     paragraphs (n)(5) and (n)(6) of this AD.              SUMMARY:   We are adopting a new
                                                After the maintenance or inspection
                                             program has been revised as required by                 (n) Material Incorporated by Reference                airworthiness directive (AD) for all
                                             paragraph (i) of this AD, no alternative                   (1) The Director of the Federal Register           Dassault Aviation Model FAN JET
                                             actions (e.g., inspections) or intervals may be         approved the incorporation by reference               FALCON airplanes; all Model FAN JET
                                             used unless the actions and intervals are               (IBR) of the service information listed in this       FALCON SERIES C, D, E, F, and G
                                             approved as an AMOC in accordance with                  paragraph under 5 U.S.C. 552(a) and 1 CFR             airplanes; and all Model MYSTERE–
                                             the procedures specified in paragraph (l)(1)            part 51.                                              FALCON 20–C5, 20–D5, 20–E5, and 20–
nlaroche on DSK30NT082PROD with RULES




                                             of this AD.                                                (2) You must use this service information          F5 airplanes. This AD was prompted by
                                                                                                     as applicable to do the actions required by
                                             (k) Terminating Action for Certain ADs                  this AD, unless this AD specifies otherwise.
                                                                                                                                                           a determination that inspections for
                                               Accomplishing the actions required by                    (3) The following service information was          discrepancies of the fuselage bulkhead
                                             paragraph (g) or (i) of this AD terminates all          approved for IBR as of June 13, 2017.                 are necessary. This AD requires
                                             requirements of AD 2010–26–05 and AD                       (i) Chapter 5–40, Airworthiness                    repetitive inspections for discrepancies
                                             2012–02–18 for the Dassault Aviation Model              Limitations, of the Erratum to Dassault               of the fuselage bulkhead, and repair if


                                        VerDate Sep<11>2014   14:51 May 08, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\09MYR1.SGM   09MYR1


                                             21470                Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations

                                             necessary. We are issuing this AD to                    (AMM), task 53–10–0–6 ‘‘MAIN FRAME—                     • Are consistent with the intent that
                                             address the unsafe condition on these                   INSPECTION/CHECK’’, with periodicity                  was proposed in the NPRM for
                                             products.                                               established in Chapter 5–10, at every C-              correcting the unsafe condition; and
                                                                                                     Check. Failure to accomplish this DET could             • Do not add any additional burden
                                             DATES: This AD is effective June 13,                    lead to deterioration of the affected structure.
                                             2017.                                                                                                         upon the public than was already
                                                                                                       This condition, if not detected and
                                                                                                     corrected, could lead to bulkhead failure,            proposed in the NPRM.
                                             ADDRESSES:
                                                                                                     possibly resulting in a rapid depressurization        Costs of Compliance
                                             Examining the AD Docket                                 of the aeroplane and consequent injury to
                                                                                                     occupants.                                              We estimate that this AD affects 133
                                               You may examine the AD docket on                                                                            airplanes of U.S. registry.
                                                                                                       For the reasons described above, this
                                             the Internet at http://                                 [EASA] AD requires repetitive DET of the                We also estimate that it takes about 8
                                             www.regulations.gov by searching for                    bulkhead at FR33 [for discrepancies, such as          work-hours per product to comply with
                                             and locating Docket No. FAA–2016–                       buckling, deformations, cracks, loose                 the basic requirements of this AD. The
                                             9303; or in person at the Docket                        countersinks, scratches, dents, and                   average labor rate is $85 per work-hour.
                                             Management Facility between 9 a.m.                      corrosion], and depending on findings, repair         Based on these figures, we estimate the
                                             and 5 p.m., Monday through Friday,                      of the affected structure.
                                                                                                                                                           cost of this AD on U.S. operators to be
                                             except Federal holidays. The AD docket                  You may examine the MCAI in the AD                    $90,440, or $680 per product.
                                             contains this AD, the regulatory                        docket on the Internet at http://                       We have received no definitive data
                                             evaluation, any comments received, and                  www.regulations.gov by searching for                  that would enable us to provide cost
                                             other information. The street address for               and locating Docket No. FAA–2016–                     estimates for the on-condition actions
                                             the Docket Office (telephone 800–647–                   9303.                                                 specified in this AD.
                                             5527) is Docket Management Facility,
                                             U.S. Department of Transportation,                      Comments                                              Authority for This Rulemaking
                                             Docket Operations, M–30, West                             We gave the public the opportunity to                  Title 49 of the United States Code
                                             Building Ground Floor, Room W12–140,                    participate in developing this AD. The                specifies the FAA’s authority to issue
                                             1200 New Jersey Avenue SE.,                             following presents the comment                        rules on aviation safety. Subtitle I,
                                             Washington, DC 20590.                                   received on the NPRM and the FAA’s                    section 106, describes the authority of
                                             FOR FURTHER INFORMATION CONTACT: Tom                    response to the single commenter.                     the FAA Administrator. ‘‘Subtitle VII:
                                             Rodriguez, Aerospace Engineer,                                                                                Aviation Programs,’’ describes in more
                                                                                                     Request To Reduce Compliance Time
                                             International Branch, ANM–116,                                                                                detail the scope of the Agency’s
                                             Transport Airplane Directorate, FAA,                      The commenter, Mark Reiner, asked                   authority.
                                             1601 Lind Avenue SW., Renton, WA                        that the compliance time for the                         We are issuing this rulemaking under
                                             98057–3356; telephone: 425–227–1137;                    repetitive inspections required by                    the authority described in ‘‘Subtitle VII,
                                             fax: 425–227–1149.                                      paragraph (g) of the proposed AD be                   Part A, Subpart III, Section 44701:
                                             SUPPLEMENTARY INFORMATION:                              reduced from 5,000 to 2,500 flight                    General requirements.’’ Under that
                                                                                                     cycles. The commenter reasoned that                   section, Congress charges the FAA with
                                             Discussion                                              since so many airplanes are flying                    promoting safe flight of civil aircraft in
                                                We issued a notice of proposed                       around the world and accumulating                     air commerce by prescribing regulations
                                             rulemaking (NPRM) to amend 14 CFR                       numerous flight cycles, the chances of                for practices, methods, and procedures
                                             part 39 by adding an AD that would                      problems occurring on an airplane are                 the Administrator finds necessary for
                                             apply to all Dassault Aviation Model                    greatly increased.                                    safety in air commerce. This regulation
                                             FAN JET FALCON airplanes; all Model                       We do not agree with the commenter’s                is within the scope of that authority
                                             FAN JET FALCON SERIES C, D, E, F,                       request. In developing an appropriate                 because it addresses an unsafe condition
                                             and G airplanes; and all Model                          compliance time for this action, we                   that is likely to exist or develop on
                                             MYSTERE–FALCON 20–C5, 20–D5, 20–                        considered not only the degree of                     products identified in this rulemaking
                                             E5, and 20–F5 airplanes. The NPRM                       urgency associated with addressing the                action.
                                             published in the Federal Register on                    subject unsafe condition, but the
                                             November 1, 2016 (81 FR 75757) (‘‘the                   manufacturer’s recommendation for an                  Regulatory Findings
                                             NPRM’’).                                                appropriate compliance time, and the                    We determined that this AD will not
                                                The European Aviation Safety Agency                  practical aspect of accomplishing the                 have federalism implications under
                                             (EASA), which is the Technical Agent                    inspections within an interval of time                Executive Order 13132. This AD will
                                             for the Member States of the European                   that corresponds to the typical                       not have a substantial direct effect on
                                             Union, has issued EASA Airworthiness                    scheduled maintenance for the majority                the States, on the relationship between
                                             Directive 2016–0096, dated May 19,                      of affected operators. Further, we                    the national government and the States,
                                             2016 (referred to after this as the                     determined that the compliance time                   or on the distribution of power and
                                             Mandatory Continuing Airworthiness                      recommended by the manufacturer and                   responsibilities among the various
                                             Information, or ‘‘the MCAI’’), to correct               EASA, and the time required for the                   levels of government.
                                             an unsafe condition for all Dassault                    rulemaking process provide an                           For the reasons discussed above, I
                                             Aviation Model FAN JET FALCON                           acceptable level of safety. Therefore, we             certify that this AD:
                                             airplanes; all Model FAN JET FALCON                     have not changed this AD in this regard.                1. Is not a ‘‘significant regulatory
                                             SERIES C, D, E, F, and G airplanes; and                                                                       action’’ under Executive Order 12866;
                                                                                                     Conclusion                                              2. Is not a ‘‘significant rule’’ under the
                                             all Model MYSTERE–FALCON 20–C5,
                                                                                                       We reviewed the relevant data,
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                                             20–D5, 20–E5, and 20–F5 airplanes. The                                                                        DOT Regulatory Policies and Procedures
                                             MCAI states:                                            considered the comment received, and                  (44 FR 11034, February 26, 1979);
                                                                                                     determined that air safety and the                      3. Will not affect intrastate aviation in
                                               A detailed inspection (DET) of the fuselage
                                             bulkhead at frame (FR) 33 is established                public interest require adopting this AD              Alaska; and
                                             through a subset of inspection/check                    as proposed, except for minor editorial                 4. Will not have a significant
                                             maintenance procedure referenced in the                 changes. We have determined that these                economic impact, positive or negative,
                                             applicable aircraft maintenance manual                  minor changes:                                        on a substantial number of small entities


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                                                                  Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations                                                21471

                                             under the criteria of the Regulatory                    by the Manager, International Branch, ANM–              Issued in Renton, Washington, on May 1,
                                             Flexibility Act.                                        116, Transport Airplane Directorate, FAA; or          2017.
                                                                                                     the European Aviation Safety Agency                   Michael Kaszycki,
                                             List of Subjects in 14 CFR Part 39                      (EASA); or Dassault Aviation’s EASA Design
                                                                                                     Organization Approval (DOA). If approved by           Acting Manager, Transport Airplane
                                               Air transportation, Aircraft, Aviation                                                                      Directorate, Aircraft Certification Service.
                                             safety, Incorporation by reference,                     the DOA, the approval must include the
                                                                                                     DOA-authorized signature. Repeat the                  [FR Doc. 2017–09323 Filed 5–8–17; 8:45 am]
                                             Safety.
                                                                                                     inspection thereafter at intervals not to             BILLING CODE 4910–13–P
                                             Adoption of the Amendment                               exceed 5,000 flight cycles.
                                               Accordingly, under the authority                      (h) Repair                                            DEPARTMENT OF TRANSPORTATION
                                             delegated to me by the Administrator,                     If any discrepancy is found during any
                                             the FAA amends 14 CFR part 39 as                        inspection required by paragraph (g) of this          Federal Aviation Administration
                                             follows:                                                AD: Before further flight, repair using a
                                                                                                     method approved by the Manager,                       14 CFR Part 91
                                             PART 39—AIRWORTHINESS                                   International Branch, ANM–116, Transport
                                             DIRECTIVES                                              Airplane Directorate, FAA; or the EASA; or            [Docket No. FAA–2006–24981; Amdt. Nos.
                                                                                                     Dassault Aviation’s EASA DOA. If approved             61–138A, 91–344A, and 135–134A]
                                             ■ 1. The authority citation for part 39                 by the DOA, the approval must include the             RIN 2120–AK63
                                             continues to read as follows:                           DOA-authorized signature. Repair of an
                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.          airplane as required by this paragraph does           MU–2B Series Airplane Training
                                                                                                     not constitute terminating action for the             Requirements Update; Correction
                                             § 39.13   [Amended]                                     repetitive actions required by paragraph (g) of
                                             ■ 2. The FAA amends § 39.13 by adding                   this AD, unless specified otherwise in the            AGENCY:  Federal Aviation
                                             the following new airworthiness                         repair instructions.                                  Administration (FAA), DOT.
                                             directive (AD):                                         (i) Other FAA AD Provisions                           ACTION: Final rule; correcting
                                                                                                                                                           amendment.
                                             2017–10–01 Dassault Aviation:                              The following provisions also apply to this
                                                 Amendment 39–18875; Docket No.                      AD:                                                   SUMMARY:    The FAA is correcting a final
                                                 FAA–2016–9303; Directorate Identifier                  (1) Alternative Methods of Compliance              rule published on September 7, 2016. In
                                                 2016–NM–093–AD.                                     (AMOCs): The Manager, International                   that rule, the FAA amended its
                                             (a) Effective Date                                      Branch, ANM–116, Transport Airplane
                                                                                                                                                           regulations to relocate and update the
                                                                                                     Directorate, FAA, has the authority to
                                               This AD is effective June 13, 2017.                                                                         content of SFAR No. 108 to the newly
                                                                                                     approve AMOCs for this AD, if requested
                                                                                                     using the procedures found in 14 CFR 39.19.           created subpart N of part 91 in order to
                                             (b) Affected ADs
                                                                                                     In accordance with 14 CFR 39.19, send your            improve the safety of operating the
                                               None.                                                                                                       Mitsubishi Heavy Industries (MHI) MU–
                                                                                                     request to your principal inspector or local
                                             (c) Applicability                                       Flight Standards District Office, as                  2B series airplane. This document
                                                This AD applies to the Dassault Aviation             appropriate. If sending information directly          corrects two errors in the codified text
                                             airplanes specified in paragraphs (c)(1) and            to the International Branch, send it to ATTN:         of the final rule.
                                             (c)(2) of this AD, certificated in any category,        Tom Rodriguez, Aerospace Engineer,                    DATES: Effective May 9, 2017.
                                             all manufacturer serial numbers.                        International Branch, ANM–116, Transport
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT: For
                                                (1) Model FAN JET FALCON and FAN JET                 Airplane Directorate, FAA, 1601 Lind
                                                                                                                                                           technical questions concerning this
                                             FALCON SERIES C, D, E, F, and G airplanes.              Avenue SW., Renton, WA 98057–3356;
                                                (2) Model MYSTERE–FALCON 20–C5, 20–                  telephone: 425–227–1137; fax: 425–227–                action, contact Joseph Hemler,
                                             D5, 20–E5, and 20–F5 airplanes.                         1149. Information may be emailed to: 9-               Commercial Operations Branch, Flight
                                                                                                     ANM-116-AMOC-REQUESTS@faa.gov.                        Standards Service, AFS–820, Federal
                                             (d) Subject                                                                                                   Aviation Administration, 55 M Street
                                                                                                     Before using any approved AMOC, notify
                                               Air Transport Association (ATA) of                    your appropriate principal inspector, or              SE., 8th floor, Washington, DC 20003–
                                             America Code 53, Fuselage.                              lacking a principal inspector, the manager of         3522; telephone (202) 267–1100; email
                                             (e) Reason                                              the local flight standards district office/           joseph.k.hemler-jr@faa.gov.
                                                                                                     certificate holding district office.                  SUPPLEMENTARY INFORMATION:
                                                This AD was prompted by a determination
                                                                                                        (2) Contacting the Manufacturer: For any
                                             that inspections for discrepancies of the                                                                     Background
                                                                                                     requirement in this AD to obtain corrective
                                             fuselage bulkhead at frame (FR) 33 are
                                                                                                     actions from a manufacturer, the action must             On September 7, 2016, the FAA
                                             necessary. We are issuing this AD to detect
                                             and correct discrepancies of the fuselage               be accomplished using a method approved               published a final rule entitled, ‘‘MU–2B
                                             bulkhead; such discrepancies could result in            by the Manager, International Branch, ANM–
                                                                                                                                                           Series Airplane Training Requirements
                                             the deterioration and subsequent failure of             116, Transport Airplane Directorate, FAA; or
                                                                                                     the EASA; or Dassault Aviation’s EASA
                                                                                                                                                           Update’’ (81 FR 61583). In that final
                                             the bulkhead, which could result in rapid                                                                     rule, the FAA amended its regulations
                                             decompression of the airplane and                       DOA. If approved by the DOA, the approval
                                                                                                     must include the DOA-authorized signature.            to relocate and update the content of
                                             consequent injury to occupants.
                                                                                                                                                           SFAR No. 108 to the newly created
                                             (f) Compliance                                          (j) Related Information                               subpart N of part 91 in order to improve
                                                Comply with this AD within the                         Refer to Mandatory Continuing                       the safety of operating the MHI MU–2B
                                             compliance times specified, unless already              Airworthiness Information (MCAI) EASA                 series airplane. The FAA relocated the
                                             done.                                                   Airworthiness Directive 2016–0096, dated              training program from the SFAR No. 108
                                                                                                     May 19, 2016, for related information. This           appendices to advisory material in order
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                                             (g) Repetitive Inspections                              MCAI may be found in the AD docket on the             to allow the FAA to update policy while
                                                Before exceeding 5,000 total flight cycles           Internet at http://www.regulations.gov by
                                             since first flight of the airplane, or within 500
                                                                                                                                                           ensuring significant training
                                                                                                     searching for and locating Docket No. FAA–
                                             flight cycles after the effective date of this          2016–9303.                                            adjustments still go through notice-and-
                                             AD, whichever occurs later: Do a detailed                                                                     comment rulemaking. The FAA also
                                             inspection for discrepancies of the fuselage            (k) Material Incorporated by Reference                corrected and updated several
                                             bulkhead at FR 33 using a method approved                 None.                                               inaccurate maneuver profiles to reflect


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Document Created: 2018-11-08 08:41:27
Document Modified: 2018-11-08 08:41:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective June 13, 2017.
ContactTom 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.
FR Citation82 FR 21469 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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