DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1010; Product Identifier 2018-NM-148-AD]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: We propose to remove Airworthiness Directive (AD) 2012-02-18,
which applies to all Dassault Aviation Model MYSTERE-FALCON 50
airplanes. AD 2012-02-18 requires revising the maintenance program to
include revised airworthiness limitations. AD 2012-02-18 is no longer
necessary because we have since issued AD 2017-09-03 to address the
unsafe condition. Accordingly, we propose to remove AD 2012-02-18.
DATES: We must receive comments on this proposed AD by February 11, 2019.
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.
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.
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-
1010; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
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 St., Des Moines, WA 98198; telephone and fax 206-231-3226.
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-2018-1010;
Product Identifier 2018-NM-148-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
We issued AD 2012-02-18, Amendment 39-16941 (77 FR 12175, February
29, 2012) ("AD 2012-02-18"), for all Dassault Aviation Model MYSTERE-
FALCON 50 airplanes. AD 2012-02-18 requires revising the maintenance
program to include revised airworthiness limitations. AD 2012-02-18 was
prompted by reports of cracking of the flap tracks. We issued AD 2012-
02-18 to address cracking of the flap tracks, which could lead to flap
asymmetry and loss of control of the airplane.
Actions Since AD 2012-02-18 Was Issued
Since we issued AD 2012-02-18, we have issued AD 2017-09-03,
Amendment 39-18865 (82 FR 21467, May 9, 2017) ("AD 2017-09-03"),
which addresses the unsafe condition. AD 2017-09-03 requires revising
the maintenance or inspection program, as applicable, to incorporate
new and more restrictive maintenance requirements and airworthiness
limitations, which include an eddy current inspection of flap tracks 2
and 5 to address cracking.
Upon further consideration, we have determined that AD 2012-02-18
is no longer necessary. Accordingly, this proposed AD would remove AD
2012-02-18. Removal of AD 2012-02-18 would not preclude the FAA from
issuing another related action or commit the FAA to any course of
action in the future.
Costs of Compliance
This proposed AD would add no cost. This proposed AD would remove
AD 2012-02-18 from 14 CFR part 39; therefore, operators would no longer
be required to show compliance with that 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.
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 and associated appliances to the
Director of the System Oversight Division.
We have 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 that the proposed regulation:
(1) Is not a "significant regulatory action" under Executive
(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
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2012-02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012), and
adding the following new AD: