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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9569; Directorate Identifier 2016-NM-052-AD;
Amendment 39-18865; AD 2017-09-03]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-03-12
for
all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2013-03-12
required revising the maintenance program to incorporate certain
maintenance requirements and airworthiness limitations. This AD
requires revising the maintenance or inspection program, as applicable,
to incorporate new or revised maintenance requirements and
airworthiness limitations. This AD was prompted by issuance of a
revision to the airplane maintenance manual (AMM) that introduces new
or more restrictive maintenance requirements and/or airworthiness
limitations. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective June 13, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 13,
2017.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
19, 2013 (78 FR 9798, February 12, 2013).
ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet
http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-9569.
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-
9569; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013-03-12, Amendment 39-17347 (78 FR 9798,
February 12, 2013) (``AD 2013-03-12''). AD 2013-03-12 applied to all
Dassault Aviation Model MYSTERE-FALCON 50 airplanes. The NPRM published
in the Federal Register on January 6, 2017 (82 FR 1621). The NPRM was
prompted by the issuance of a revision to the AMM that introduced new
or more restrictive maintenance requirements and/or airworthiness
limitations. The NPRM proposed to require revising the maintenance or
inspection program, as applicable, to incorporate new or revised
maintenance requirements and airworthiness limitations. We are issuing
this AD to prevent reduced structural integrity of the airplane.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0067, dated April 7, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model MYSTERE-FALCON 50 airplanes. The MCAI states:
The airworthiness limitations and maintenance requirements for
the Myst[egrave]re Falcon 50 type design are included in DA
Myst[egrave]re Falcon 50 Aircraft Maintenance Manual (AMM) chapter
5-40 and are approved by EASA.
Failure to implement these limitations or accomplish these tasks
could result in an unsafe condition [reduced structural integrity of
the airplane]. Consequently, compliance with these actions has been
identified as mandatory for continued airworthiness.
Consequently, EASA issued AD 2011-0246 [which corresponds to FAA
AD 2013-03-12] to require accomplishment of the maintenance tasks,
and implementation of the airworthiness limitations, as specified in
DA Myst[egrave]re Falcon 50 AMM chapter 5-40 Revision 21.
Since that [EASA] AD was issued, DA issued revision 23 of the
Mystere Falcon 50 AMM chapter 5-40 (hereafter referred to as `the
ALS' in this [EASA] AD), which introduces new and more restrictive
maintenance requirements and/or airworthiness limitations.
The ALS introduces, among others, the following changes:
--Addition of more detailed data regarding SSIP program,
--Task 53-50-35-220-802 ``Detailed inspection of the frame 35 upper
and lower sections'', replacing Task 53-50-35-220-801,
--Task 55-00-00-270-801 ``Ultrasonic inspection for stress corrosion
in stabilizer hinges'', replacing Task 55-00-00-250-801, and
--Task 78-31-00-250-802 ``Special detailed inspection (fluorescent
penetrant) of thrust reverser door hinge fittings'', replacing Task
78-31-00-250-801.
For the reasons described above, this [EASA] AD, retains the
requirements of EASA AD 2011-0246, which is superseded, and requires
the implementation of the maintenance tasks and airworthiness
limitations, as specified in the ALS.
This AD requires revising the maintenance or inspection program, as
applicable, to incorporate new or revised maintenance requirements and
airworthiness limitations. 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-2016-9569.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
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.
Related Service Information Under 1 CFR Part 51
We reviewed Chapter 5-40, Airworthiness Limitations, of the Erratum
to Dassault Falcon 50/50EX Maintenance Manual, Revision 23, dated July
2015. This service information describes maintenance requirements and/
or airworthiness limitations. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 249 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
| Action |
Labor cost |
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Maintenance program revision
(retained action from AD 2013-03-12) |
1 work-hour x $85 per hour
= $85 |
$0
|
$85
|
$21,165
|
| Maintenance or inspection program
revision (new action) |
1 work-hour x $85 per hour
= $85 |
0
|
85
|
21,165
|
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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