83_FR_22045 83 FR 21953 - Airworthiness Directives; Dassault Aviation Airplanes

83 FR 21953 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range21953-21955
FR Document2018-09979

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 determination that more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new and more restrictive maintenance requirements and airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21953-21955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09979]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0394; Product Identifier 2018-NM-036-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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 determination that more restrictive maintenance 
requirements and airworthiness limitations are necessary. This proposed 
AD would require revising the maintenance or inspection program, as 
applicable, to incorporate new and more restrictive maintenance 
requirements and airworthiness limitations. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 25, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault 
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South 
Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.dassaultfalcon.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th Street, Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

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-2018-
0394; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South 
216th Street, Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0394; 
Product Identifier 2018-NM-036-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0026, dated January 30, 2018 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model MYSTERE-FALCON 50 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for the

[[Page 21954]]

Dassault Myst[egrave]re Falcon 50 aeroplanes, which are approved by 
EASA, are currently defined and published in the Dassault 
Myst[egrave]re Falcon 50 Aircraft Maintenance Manual (AMM) chapter 
5-40. These instructions have been identified as mandatory for 
continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [i.e, reduced structural integrity of the 
airplane].
    Consequently, EASA issued [EASA] AD 2016-0067 [which corresponds 
to FAA AD 2017-09-03 Amendment 39-18865 (82 FR 21467, May 9, 2017) 
(``AD 2017-09-03'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Myst[egrave]re Falcon 50 AMM chapter 5-40 
Revision 23.
    Since that [EASA] AD was issued, Dassault issued Revision 24 of 
the Dassault Myst[egrave]re Falcon 50 AMM chapter 5-40, which 
introduces new and more restrictive maintenance requirements and/or 
airworthiness limitations.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0067, which is superseded, and requires 
accomplishment of the actions specified in Revision 24 of the 
Dassault Myst[egrave]re Falcon 50 AMM chapter 5-40 * * *.

    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-2018-
0394.

Relationship Between Proposed AD and Certain Other ADs

    This NPRM would not supersede AD 2017-09-03. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require revising the 
maintenance or inspection program, as applicable, to incorporate the 
new maintenance requirements and airworthiness limitations. 
Accomplishment of the proposed actions would then terminate all 
requirements of AD 2017-09-03. Accomplishment of the proposed actions 
would also terminate all requirements of AD 2010-26-05, Amendment 39-
16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-05'') and AD 2012-
02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012) (``AD 2012-
02-18''), for the Dassault Aviation Model MYSTERE-FALCON 50 airplanes 
specified in those ADs.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness 
Limitations, of the Dassault Falcon 50/50EX Maintenance Manual, 
Revision 24, dated July 2017. This service information describes 
instructions applicable to airworthiness and safe life limitations. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 designs.
    This proposed AD requires revisions to certain operator maintenance 
documents. Compliance with these revisions is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by this proposed AD, the operator 
may not be able to accomplish the actions 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 proposed AD. The request should include a 
description of changes to the required actions that will ensure the 
continued damage tolerance of the affected structure.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Dassault Aviation 
maintenance documentation. However, this proposed AD does not include 
that requirement. Operators of U.S.-registered airplanes are required 
by general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. We consider 
those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 250 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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;

[[Page 21955]]

    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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

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):

Dassault Aviation: Docket No. FAA-2018-0394; Product Identifier 
2018-NM-036-AD.

(a) Comments Due Date

    We must receive comments by June 25, 2018.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (``AD 2010-26-05''); AD 2012-02-18, Amendment 39-
16941 (77 FR 12175, February 29, 2012) (``AD 2012-02-18''); and AD 
2017-09-03 Amendment 39-18865 (82 FR 21467, May 9, 2017) (``AD 2017-
09-03'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 50 
airplanes, certificated in any category, all manufacturer serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to prevent reduced structural 
integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, of 
the Dassault Falcon 50/50EX Maintenance Manual, Revision 24, dated 
July 2017. The initial compliance times for doing the tasks are at 
the time specified in Chapter 5-40, Airworthiness Limitations, of 
the Dassault Falcon 50/50EX Maintenance Manual, Revision 24, dated 
July 2017, or within 90 days after the effective date of this AD, 
whichever occurs later.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), or intervals, may be used unless the actions, or 
intervals, are approved as an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph 
(j)(1) of this AD.

(i) Terminating Actions for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2017-09-03.
    (2) Accomplishing the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2010-26-05 and AD 2012-02-18 
for the Dassault Aviation Model MYSTERE-FALCON 50 airplanes 
specified in those ADs.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. 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 
Section, Transport Standards Branch, 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Airworthiness Directive 2018-0026, dated January 30, 2018, 
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-2018-0394.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 206-231-3226.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.dassaultfalcon.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th Street, Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-09979 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                             Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules                                               21953

                                                  (e) Reason                                              Kansas City, Missouri 64106. For information          http://www.dassaultfalcon.com. You
                                                     This AD was prompted by mandatory                    on the availability of this material at the           may view this service information at the
                                                  continuing airworthiness information (MCAI)             FAA, call (816) 329–4148.                             FAA, Transport Standards Branch, 2200
                                                  originated by an aviation authority of another            Issued in Kansas City, Missouri, on May 4,          South 216th Street, Des Moines, WA.
                                                  country to identify and correct an unsafe               2018.                                                 For information on the availability of
                                                  condition on an aviation product. We are                Melvin J. Johnson,                                    this material at the FAA, call 206–231–
                                                  issuing this proposed AD to prevent damage
                                                                                                          Deputy Director, Policy & Innovation Division,        3195.
                                                  from the threads of the bolt on the internal
                                                  bore of the cross tube hinge plate, which               Aircraft Certification Service.
                                                                                                                                                                Examining the AD Docket
                                                  could result in reduced control.                        [FR Doc. 2018–10016 Filed 5–10–18; 8:45 am]
                                                                                                                                                                   You may examine the AD docket on
                                                                                                          BILLING CODE 4910–13–P
                                                  (f) Actions and Compliance                                                                                    the internet at http://
                                                     Unless already done, do the following                                                                      www.regulations.gov by searching for
                                                  actions in paragraphs (f)(1) and (2) of this            DEPARTMENT OF TRANSPORTATION                          and locating Docket No. FAA–2018–
                                                  AD:                                                                                                           0394; or in person at the Docket
                                                     (1) Within the next 150 hours time-in-               Federal Aviation Administration                       Management Facility between 9 a.m.
                                                  service after the effective date of this AD or                                                                and 5 p.m., Monday through Friday,
                                                  within the next 12 months after the effective
                                                                                                          14 CFR Part 39                                        except Federal holidays. The AD docket
                                                  date of this AD, whichever occurs later,
                                                  inspect the elevator bellcrank pivot joint to                                                                 contains this NPRM, the regulatory
                                                                                                          [Docket No. FAA–2018–0394; Product                    evaluation, any comments received, and
                                                  determine the length of the bolt installed. Do          Identifier 2018–NM–036–AD]
                                                  the inspection using the Inspection                                                                           other information. The street address for
                                                  Instructions in Pacific Aerospace Service               RIN 2120–AA64                                         the Docket Operations office (telephone
                                                  Bulletin PACSB/XL/097, Issue 1, dated                                                                         800–647–5527) is in the ADDRESSES
                                                  March 12, 2018.                                         Airworthiness Directives; Dassault                    section. Comments will be available in
                                                     (2) If an incorrect size bolt is found during        Aviation Airplanes                                    the AD docket shortly after receipt.
                                                  the inspection required in paragraph (f)(1) of
                                                                                                          AGENCY: Federal Aviation                              FOR FURTHER INFORMATION CONTACT: Tom
                                                  this AD, before further flight, take all
                                                  necessary corrective actions using the                  Administration (FAA), DOT.                            Rodriguez, Aerospace Engineer,
                                                  Accomplishment Instructions in Pacific                                                                        International Section, Transport
                                                                                                          ACTION: Notice of proposed rulemaking
                                                  Aerospace Service Bulletin PACSB/XL/097,                                                                      Standards Branch, FAA, 2200 South
                                                                                                          (NPRM).
                                                  Issue 1, dated March 12, 2018.                                                                                216th Street, Des Moines, WA 98198;
                                                                                                          SUMMARY:   We propose to adopt a new                  telephone and fax 206–231–3226.
                                                  (g) Other FAA AD Provisions
                                                                                                          airworthiness directive (AD) for all                  SUPPLEMENTARY INFORMATION:
                                                     The following provisions also apply to this
                                                  AD:
                                                                                                          Dassault Aviation Model MYSTERE–                      Comments Invited
                                                     (1) Alternative Methods of Compliance                FALCON 50 airplanes. This proposed
                                                                                                          AD was prompted by a determination                      We invite you to send any written
                                                  (AMOCs): The Manager, Small Airplane
                                                  Standards Branch, FAA, has the authority to             that more restrictive maintenance                     relevant data, views, or arguments about
                                                  approve AMOCs for this AD, if requested                 requirements and airworthiness                        this proposal. Send your comments to
                                                  using the procedures found in 14 CFR 39.19.             limitations are necessary. This proposed              an address listed under the ADDRESSES
                                                  Send information to ATTN: Mike Kiesov,                  AD would require revising the                         section. Include ‘‘Docket No. FAA–
                                                  Aerospace Engineer, FAA, Small Airplane                 maintenance or inspection program, as                 2018–0394; Product Identifier 2018–
                                                  Standards Branch, 901 Locust, Room 301,                 applicable, to incorporate new and more               NM–036–AD’’ at the beginning of your
                                                  Kansas City, Missouri 64106; telephone:                                                                       comments. We specifically invite
                                                  (816) 329–4144; fax: (816) 329–4090; email:
                                                                                                          restrictive maintenance requirements
                                                                                                          and airworthiness limitations. We are                 comments on the overall regulatory,
                                                  mike.kiesov@faa.gov. Before using any                                                                         economic, environmental, and energy
                                                  approved AMOC on any airplane to which                  proposing this AD to address the unsafe
                                                                                                          condition on these products.                          aspects of this NPRM. We will consider
                                                  the AMOC applies, notify your appropriate
                                                  principal inspector (PI) in the FAA Flight
                                                                                                                                                                all comments received by the closing
                                                                                                          DATES: We must receive comments on
                                                  Standards District Office (FSDO), or lacking                                                                  date and may amend this NPRM based
                                                                                                          this proposed AD by June 25, 2018.                    on those comments.
                                                  a PI, your local FSDO.
                                                     (2) Contacting the Manufacturer: For any             ADDRESSES: You may send comments,                        We will post all comments we
                                                  requirement in this AD to obtain corrective             using the procedures found in 14 CFR                  receive, without change, to http://
                                                  actions from a manufacturer, the action must            11.43 and 11.45, by any of the following              www.regulations.gov, including any
                                                  be accomplished using a method approved                 methods:                                              personal information you provide. We
                                                  by the Manager, Small Airplane Standards                  • Federal eRulemaking Portal: Go to                 will also post a report summarizing each
                                                  Branch, FAA; or the Civil Aviation Authority            http://www.regulations.gov. Follow the                substantive verbal contact we receive
                                                  of New Zealand (CAA).                                   instructions for submitting comments.                 about this NPRM.
                                                  (h) Related Information                                   • Fax: 202–493–2251.
                                                                                                            • Mail: U.S. Department of                          Discussion
                                                    Refer to MCAI Civil Aviation Authority
                                                  (CAA) AD DCA/750XL/28, dated March 22,                  Transportation, Docket Operations, M–                   The European Aviation Safety Agency
                                                  2018, for related information. You may                  30, West Building Ground Floor, Room                  (EASA), which is the Technical Agent
                                                  examine the MCAI on the internet at http://             W12–140, 1200 New Jersey Avenue SE,                   for the Member States of the European
                                                  www.regulations.gov by searching for and                Washington, DC 20590.                                 Union, has issued EASA Airworthiness
                                                  locating Docket No. FAA–2018–0385. For                     • Hand Delivery: Deliver to Mail                   Directive 2018–0026, dated January 30,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  service information related to this AD,                 address above between 9 a.m. and 5                    2018 (referred to after this as the
                                                  contact Pacific Aerospace Limited, Airport              p.m., Monday through Friday, except                   Mandatory Continuing Airworthiness
                                                  Road, Hamilton, Private Bag 3027, Hamilton                                                                    Information, or ‘‘the MCAI’’), to correct
                                                                                                          Federal holidays.
                                                  3240, New Zealand; phone: +64 7843 6144;                                                                      an unsafe condition for all Dassault
                                                  fax: +64 843 6134; email: pacific@                         For service information identified in
                                                                                                          this NPRM, contact Dassault Falcon Jet                Aviation Model MYSTERE–FALCON 50
                                                  aerospace.co.nz; internet:
                                                  www.aerospace.co.nz. You may review this                Corporation, Teterboro Airport, P.O.                  airplanes. The MCAI states:
                                                  referenced service information at the FAA,              Box 2000, South Hackensack, NJ 07606;                   The airworthiness limitations and
                                                  Policy and Innovation Division, 901 Locust,             telephone 201–440–6700; internet                      certification maintenance instructions for the



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                                                  21954                      Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules

                                                  Dassault Mystère Falcon 50 aeroplanes,                 because the interested parties have                   operator, although we recognize that
                                                  which are approved by EASA, are currently               access to it through their normal course              this number may vary from operator to
                                                  defined and published in the Dassault                   of business or by the means identified                operator. In the past, we have estimated
                                                  Mystère Falcon 50 Aircraft Maintenance
                                                  Manual (AMM) chapter 5–40. These
                                                                                                          in the ADDRESSES section.                             that this action takes 1 work-hour per
                                                  instructions have been identified as                                                                          airplane. Since operators incorporate
                                                                                                          FAA’s Determination and Requirements
                                                  mandatory for continued airworthiness.                                                                        maintenance or inspection program
                                                                                                          of This Proposed AD
                                                     Failure to accomplish these instructions                                                                   changes for their affected fleet(s), we
                                                  could result in an unsafe condition [i.e,                  This product has been approved by                  have determined that a per-operator
                                                  reduced structural integrity of the airplane].          the aviation authority of another                     estimate is more accurate than a per-
                                                     Consequently, EASA issued [EASA] AD                  country, and is approved for operation                airplane estimate. Therefore, we
                                                  2016–0067 [which corresponds to FAA AD                  in the United States. Pursuant to our                 estimate the total cost per operator to be
                                                  2017–09–03 Amendment 39–18865 (82 FR
                                                  21467, May 9, 2017) (‘‘AD 2017–09–03’’)] to
                                                                                                          bilateral agreement with the State of                 $7,650 (90 work-hours × $85 per work-
                                                  require accomplishment of the maintenance
                                                                                                          Design Authority, we have been notified               hour).
                                                  tasks, and implementation of the                        of the unsafe condition described in the
                                                                                                          MCAI and service information                          Authority for This Rulemaking
                                                  airworthiness limitations, as specified in
                                                  Dassault Mystère Falcon 50 AMM chapter 5–              referenced above. We are proposing this                  Title 49 of the United States Code
                                                  40 Revision 23.                                         AD because we evaluated all pertinent                 specifies the FAA’s authority to issue
                                                     Since that [EASA] AD was issued, Dassault            information and determined an unsafe
                                                  issued Revision 24 of the Dassault Mystère                                                                   rules on aviation safety. Subtitle I,
                                                                                                          condition exists and is likely to exist or            section 106, describes the authority of
                                                  Falcon 50 AMM chapter 5–40, which
                                                                                                          develop on other products of the same                 the FAA Administrator. Subtitle VII:
                                                  introduces new and more restrictive
                                                  maintenance requirements and/or                         type designs.                                         Aviation Programs, describes in more
                                                  airworthiness limitations.                                 This proposed AD requires revisions                detail the scope of the Agency’s
                                                    For the reason described above, this                  to certain operator maintenance                       authority.
                                                  [EASA] AD retains the requirements of EASA              documents. Compliance with these
                                                  AD 2016–0067, which is superseded, and                  revisions is required by 14 CFR                          We are issuing this rulemaking under
                                                  requires accomplishment of the actions                  91.403(c). For airplanes that have been               the authority described in Subtitle VII,
                                                  specified in Revision 24 of the Dassault                previously modified, altered, or repaired             Part A, Subpart III, Section 44701:
                                                  Mystère Falcon 50 AMM chapter 5–40 * * *.                                                                    ‘‘General requirements.’’ Under that
                                                                                                          in the areas addressed by this proposed
                                                    You may examine the MCAI in the                       AD, the operator may not be able to                   section, Congress charges the FAA with
                                                  AD docket on the internet at http://                    accomplish the actions described in the               promoting safe flight of civil aircraft in
                                                  www.regulations.gov by searching for                    revisions. In this situation, to comply               air commerce by prescribing regulations
                                                  and locating Docket No. FAA–2018–                       with 14 CFR 91.403(c), the operator                   for practices, methods, and procedures
                                                  0394.                                                   must request approval for an alternative              the Administrator finds necessary for
                                                                                                          method of compliance according to                     safety in air commerce. This regulation
                                                  Relationship Between Proposed AD and                                                                          is within the scope of that authority
                                                  Certain Other ADs                                       paragraph (j)(1) of this proposed AD.
                                                                                                          The request should include a                          because it addresses an unsafe condition
                                                     This NPRM would not supersede AD                     description of changes to the required                that is likely to exist or develop on
                                                  2017–09–03. Rather, we have                             actions that will ensure the continued                products identified in this rulemaking
                                                  determined that a stand-alone AD                        damage tolerance of the affected                      action.
                                                  would be more appropriate to address                    structure.                                               This proposed AD is issued in
                                                  the changes in the MCAI. This NPRM                                                                            accordance with authority delegated by
                                                  would require revising the maintenance                  Differences Between This Proposed AD                  the Executive Director, Aircraft
                                                  or inspection program, as applicable, to                and the MCAI or Service Information                   Certification Service, as authorized by
                                                  incorporate the new maintenance                            The MCAI specifies that if there are               FAA Order 8000.51C. In accordance
                                                  requirements and airworthiness                          findings from the airworthiness                       with that order, issuance of ADs is
                                                  limitations. Accomplishment of the                      limitations section (ALS) inspection                  normally a function of the Compliance
                                                  proposed actions would then terminate                   tasks, corrective actions must be                     and Airworthiness Division, but during
                                                  all requirements of AD 2017–09–03.                      accomplished in accordance with                       this transition period, the Executive
                                                  Accomplishment of the proposed                          Dassault Aviation maintenance                         Director has delegated the authority to
                                                  actions would also terminate all                        documentation. However, this proposed                 issue ADs applicable to transport
                                                  requirements of AD 2010–26–05,                          AD does not include that requirement.                 category airplanes to the Director of the
                                                  Amendment 39–16544 (75 FR 79952,                        Operators of U.S.-registered airplanes                System Oversight Division.
                                                  December 21, 2010) (‘‘AD 2010–26–05’’)                  are required by general airworthiness
                                                  and AD 2012–02–18, Amendment 39–                        and operational regulations to perform                Regulatory Findings
                                                  16941 (77 FR 12175, February 29, 2012)                  maintenance using methods that are                      We determined that this proposed AD
                                                  (‘‘AD 2012–02–18’’), for the Dassault                   acceptable to the FAA. We consider                    would not have federalism implications
                                                  Aviation Model MYSTERE–FALCON 50                        those methods to be adequate to address               under Executive Order 13132. This
                                                  airplanes specified in those ADs.                       any corrective actions necessitated by                proposed AD would not have a
                                                  Related Service Information Under 1                     the findings of ALS inspections required              substantial direct effect on the States, on
                                                  CFR Part 51                                             by this proposed AD.                                  the relationship between the national
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Costs of Compliance                                   Government and the States, or on the
                                                    Dassault Aviation has issued Chapter
                                                                                                                                                                distribution of power and
                                                  5–40, Airworthiness Limitations, of the                    We estimate that this proposed AD                  responsibilities among the various
                                                  Dassault Falcon 50/50EX Maintenance                     affects 250 airplanes of U.S. registry.               levels of government.
                                                  Manual, Revision 24, dated July 2017.                      We estimate the following costs to
                                                  This service information describes                      comply with this proposed AD:                           For the reasons discussed above, I
                                                  instructions applicable to airworthiness                   We have determined that revising the               certify this proposed regulation:
                                                  and safe life limitations. This service                 maintenance or inspection program                       1. Is not a ‘‘significant regulatory
                                                  information is reasonably available                     takes an average of 90 work-hours per                 action’’ under Executive Order 12866;


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                                                                             Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules                                                 21955

                                                    2. Is not a ‘‘significant rule’’ under the            (g) Revision of Maintenance or Inspection             Airworthiness Directive 2018–0026, dated
                                                  DOT Regulatory Policies and Procedures                  Program                                               January 30, 2018, for related information.
                                                  (44 FR 11034, February 26, 1979);                          Within 90 days after the effective date of         This MCAI may be found in the AD docket
                                                    3. Will not affect intrastate aviation in             this AD, revise the maintenance or inspection         on the internet at http://www.regulations.gov
                                                                                                          program, as applicable, to incorporate the            by searching for and locating Docket No.
                                                  Alaska; and                                                                                                   FAA–2018–0394.
                                                    4. Will not have a significant                        information specified in Chapter 5–40,
                                                                                                          Airworthiness Limitations, of the Dassault               (2) For more information about this AD,
                                                  economic impact, positive or negative,                                                                        contact Tom Rodriguez, Aerospace Engineer,
                                                                                                          Falcon 50/50EX Maintenance Manual,
                                                  on a substantial number of small entities                                                                     International Section, Transport Standards
                                                                                                          Revision 24, dated July 2017. The initial
                                                  under the criteria of the Regulatory                    compliance times for doing the tasks are at
                                                                                                                                                                Branch, FAA, 2200 South 216th Street, Des
                                                  Flexibility Act.                                                                                              Moines, WA 98198; telephone and fax 206–
                                                                                                          the time specified in Chapter 5–40,
                                                                                                                                                                231–3226.
                                                  List of Subjects in 14 CFR Part 39                      Airworthiness Limitations, of the Dassault
                                                                                                                                                                   (3) For service information identified in
                                                                                                          Falcon 50/50EX Maintenance Manual,
                                                    Air transportation, Aircraft, Aviation                                                                      this AD, contact Dassault Falcon Jet
                                                                                                          Revision 24, dated July 2017, or within 90
                                                                                                                                                                Corporation, Teterboro Airport, P.O. Box
                                                  safety, Incorporation by reference,                     days after the effective date of this AD,
                                                                                                                                                                2000, South Hackensack, NJ 07606;
                                                  Safety.                                                 whichever occurs later.                               telephone 201–440–6700; internet http://
                                                  The Proposed Amendment                                  (h) No Alternative Actions or Intervals               www.dassaultfalcon.com. You may view this
                                                                                                                                                                service information at the FAA, Transport
                                                    Accordingly, under the authority                        After the maintenance or inspection
                                                                                                                                                                Standards Branch, 2200 South 216th Street,
                                                  delegated to me by the Administrator,                   program has been revised as required by
                                                                                                                                                                Des Moines, WA. For information on the
                                                                                                          paragraph (g) of this AD, no alternative
                                                  the FAA proposes to amend 14 CFR part                   actions (e.g., inspections), or intervals, may
                                                                                                                                                                availability of this material at the FAA, call
                                                  39 as follows:                                                                                                206–231–3195.
                                                                                                          be used unless the actions, or intervals, are
                                                                                                          approved as an alternative method of                    Issued in Des Moines, Washington, on
                                                  PART 39—AIRWORTHINESS                                   compliance (AMOC) in accordance with the              April 27, 2018.
                                                  DIRECTIVES                                              procedures specified in paragraph (j)(1) of           Michael Kaszycki,
                                                                                                          this AD.                                              Acting Director, System Oversight Division,
                                                  ■ 1. The authority citation for part 39
                                                                                                          (i) Terminating Actions for Other ADs                 Aircraft Certification Service.
                                                  continues to read as follows:
                                                                                                                                                                [FR Doc. 2018–09979 Filed 5–10–18; 8:45 am]
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.             (1) Accomplishing the actions required by
                                                                                                          paragraph (g) of this AD terminates all               BILLING CODE 4910–13–P
                                                  § 39.13   [Amended]                                     requirements of AD 2017–09–03.
                                                  ■ 2. The FAA amends § 39.13 by adding                      (2) Accomplishing the actions required by
                                                  the following new airworthiness                         paragraph (g) of this AD terminates all               DEPARTMENT OF TRANSPORTATION
                                                                                                          requirements of AD 2010–26–05 and AD
                                                  directive (AD):                                                                                               Federal Aviation Administration
                                                                                                          2012–02–18 for the Dassault Aviation Model
                                                  Dassault Aviation: Docket No. FAA–2018–                 MYSTERE–FALCON 50 airplanes specified
                                                      0394; Product Identifier 2018–NM–036–               in those ADs.                                         14 CFR Part 39
                                                      AD.
                                                                                                          (j) Other FAA AD Provisions                           [Docket No. FAA–2018–0390; Product
                                                  (a) Comments Due Date                                                                                         Identifier 2017–NM–130–AD]
                                                                                                             The following provisions also apply to this
                                                    We must receive comments by June 25,                  AD:                                                   RIN 2120–AA64
                                                  2018.                                                      (1) Alternative Methods of Compliance
                                                  (b) Affected ADs                                        (AMOCs): The Manager, International                   Airworthiness Directives; Airbus
                                                                                                          Section, Transport Standards Branch, FAA,             Airplanes
                                                    This AD affects AD 2010–26–05,                        has the authority to approve AMOCs for this
                                                  Amendment 39–16544 (75 FR 79952,                        AD, if requested using the procedures found           AGENCY: Federal Aviation
                                                  December 21, 2010) (‘‘AD 2010–26–05’’); AD              in 14 CFR 39.19. In accordance with 14 CFR
                                                  2012–02–18, Amendment 39–16941 (77 FR                                                                         Administration (FAA), DOT.
                                                                                                          39.19, send your request to your principal
                                                  12175, February 29, 2012) (‘‘AD 2012–02–                                                                      ACTION: Notice of proposed rulemaking
                                                                                                          inspector or local Flight Standards District
                                                  18’’); and AD 2017–09–03 Amendment 39–                  Office, as appropriate. If sending information        (NPRM).
                                                  18865 (82 FR 21467, May 9, 2017) (‘‘AD                  directly to the International Section, send it
                                                  2017–09–03’’).                                                                                                SUMMARY:   We propose to adopt a new
                                                                                                          to the attention of the person identified in
                                                                                                          paragraph (k)(2) of this AD. Information may
                                                                                                                                                                airworthiness directive (AD) for all
                                                  (c) Applicability
                                                                                                          be emailed to: 9-ANM-116-AMOC-                        Airbus Model A300 series airplanes.
                                                     This AD applies to Dassault Aviation                                                                       This proposed AD was prompted by a
                                                  Model MYSTERE–FALCON 50 airplanes,                      REQUESTS@faa.gov. Before using any
                                                                                                          approved AMOC, notify your appropriate                revision of an airworthiness limitation
                                                  certificated in any category, all manufacturer
                                                  serial numbers.                                         principal inspector, or lacking a principal           items (ALI) document. This proposed
                                                                                                          inspector, the manager of the local flight            AD would require revising the
                                                  (d) Subject                                             standards district office/certificate holding         maintenance or inspection program, as
                                                    Air Transport Association (ATA) of                    district office.                                      applicable, to incorporate the specified
                                                  America Code 05, Time limits/maintenance                   (2) Contacting the Manufacturer: For any           maintenance requirements and
                                                  checks.                                                 requirement in this AD to obtain corrective
                                                                                                          actions from a manufacturer, the action must
                                                                                                                                                                airworthiness limitations. We are
                                                  (e) Reason                                              be accomplished using a method approved               proposing this AD to address the unsafe
                                                     This AD was prompted by a determination              by the Manager, International Section,                condition on these products.
                                                  that more restrictive maintenance                       Transport Standards Branch, FAA; or the               DATES: We must receive comments on
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                                                  requirements and airworthiness limitations              European Aviation Safety Agency (EASA); or            this proposed AD by June 25, 2018.
                                                  are necessary. We are issuing this AD to                Dassault Aviation’s EASA Design                       ADDRESSES: You may send comments,
                                                  prevent reduced structural integrity of the             Organization Approval (DOA). If approved by           using the procedures found in 14 CFR
                                                  airplane.                                               the DOA, the approval must include the
                                                                                                          DOA-authorized signature.
                                                                                                                                                                11.43 and 11.45, by any of the following
                                                  (f) Compliance                                                                                                methods:
                                                     Comply with this AD within the                       (k) Related Information                                  • Federal eRulemaking Portal: Go to
                                                  compliance times specified, unless already                (1) Refer to Mandatory Continuing                   http://www.regulations.gov. Follow the
                                                  done.                                                   Airworthiness Information (MCAI)                      instructions for submitting comments.


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Document Created: 2018-11-02 09:49:19
Document Modified: 2018-11-02 09:49:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by June 25, 2018.
ContactTom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone and fax 206-231-3226.
FR Citation83 FR 21953 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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