This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

60323 

Vol. 77, No. 192 

Wednesday, October 3, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1037; Directorate 

Identifier 2012–NM–008–AD] 

RIN 2120–AA64 

Airworthiness Directives; DASSUALT 

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 

manufacturer revision to the airplane 

maintenance manual (AMM) that 

introduces new or more restrictive 

maintenance requirements and 

airworthiness limitations. This 

proposed AD would revise the 

maintenance program to incorporate 

new or revised maintenance 

requirements and airworthiness 

limitations. We are proposing this AD to 

prevent reduced structural integrity of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by November 19, 

2012. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet 

http://www.dassaultfalcon.com. You 

may review copies of the 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, 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 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–1037; Directorate Identifier 

2012–NM–008–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 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 proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2011–0246, 

dated December 22, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The airworthiness limitations and 

maintenance requirements for the Myste`reFalcon 50 (MF50) type design are included 

in Dassault Aviation Myste`re-Falcon 50 

Aircraft Maintenance Manual (AMM) chapter 

5–40 and approved by the European Aviation 

Safety Agency (EASA). EASA issued AD 

2008–0221 to require accomplishment of the 

maintenance tasks and implementation of the 

airworthiness limitations, as specified in 

Dassault Aviation MF50 AMM chapter 5–40 

at revision 17. 

Since that [EASA] AD was issued, Dassault 

Aviation issued MF50 AMM chapter 5–40 at 

revision 21, which introduces new or more 

restrictive maintenance requirements and/or 

airworthiness limitations. 

Dassault Aviation AMM chapter 5–40 

revision 21 contains among other changes the 

following requirements: 

—Corrosion Prevention and Control 

Programme (CPCP). Compliance with this 

programme was required by DGAC 

[Direction Ge ́ne ́rale de l’Aviation Civile] 

France AD F–2004–162 (EASA approval 

number 2004–10117). A new CPCP 

approach is now introduced in MF50 

AMM chapter 5–40 at revision 21; 

—Check of overpressure tightness on 

pressurization control regulating valves. 

Compliance with this check is required by 

EASA AD 2008–0072 [which corresponds 

to FAA AD 2010–26–05, Amendment 39– 

16544 (75 FR 79952, December 21, 2010]. 

MF50 AMM chapter 5–40 at revision 21 

introduces extended inspection interval; 

—Non destructive check of the flap tracks 2 

and 5. Compliance with this check is 

required by EASA AD 2010–0080. 

The maintenance tasks and airworthiness 

limitations, as specified in the MF50 AMM 

chapter 5–40, have been identified as 

mandatory actions for continued 

airworthiness of the MF50 type design. 

Failure to comply with AMM chapter 5–40 

at revision 21 might constitute an unsafe 

condition [which could result in reduced 

structural integrity of the airplane]. 

For the reasons described above, this 

[EASA] AD, which supersedes DGAC France 

AD F–2004–162, requires the implementation 

of the maintenance tasks and airworthiness 

limitations, as specified in Dassault Aviation 

MF50 AMM chapter 5–40 at revision 21. 

The required action is revising the 

maintenance program to incorporate all 


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airworthiness limitations and 

maintenance tasks specified in Section 

05–40/00, Airworthiness Limitations, of 

Chapter 5–40, Airworthiness 

Limitations, of the Dassault Falcon 50/ 

50EX Maintenance Manual, Revision 21, 

dated June 21, 2011. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Dassault has issued Section 05–40/00, 

Airworthiness Limitations, of Chapter 

5–40, Airworthiness Limitations, of the 

Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 21, 

2011. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

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 design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 253 products of U.S. 

registry. We also estimate that it would 

take about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$21,505, or $85 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this 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; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Dassault Aviation: Docket No. FAA–2012– 

1037; Directorate Identifier 2012–NM– 

008–AD. 

(a) Comments Due Date 

We must receive comments by November 

19, 2012. 

(b) Affected ADs 

Certain requirements of this AD terminate 

the requirements of AD 2012–02–18, 

Amendment 39–16941 (77 FR 12175, 

February 29, 2012); and AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010), for the airplanes 

identified in paragraph (c) of this AD. 

(c) Applicability 

(1) This AD applies to DASSAULT 

AVIATION Model MYSTERE–FALCON 50 

airplanes, certificated in any category, all 

serial numbers. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new inspections. Compliance with these 

inspections is required by 14 CFR 91.403(c). 

For airplanes that have been previously 

modified, altered, or repaired in the areas 

addressed by these inspections, the operator 

may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (j)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Periodic inspections. 

(e) Reason 

This AD was prompted by a manufacturer 

revision to the airplane maintenance manual 

(AMM) that introduces new or more 

restrictive maintenance requirements and/or 

airworthiness limitations. We are issuing this 

AD to prevent reduced structural integrity of 

the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Maintenance Program Revision 

Within 30 days after the effective date of 

this AD: Revise the maintenance program to 

incorporate all airworthiness limitations and 

maintenance tasks specified in Section 05– 

40/00, Airworthiness Limitations, of Chapter 

5–40, Airworthiness Limitations, of the 

Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 21, 2011. 

The initial compliance times for the tasks are 

at the applicable times specified in Section 

05–40/00, Airworthiness Limitations, of 

Chapter 5–40, Airworthiness Limitations, of 

the Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 21, 2011, or 

within 30 days after the effective date of this 

AD, whichever occurs later. 

(h) No Alternative Actions, Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

After accomplishing the revisions required 

by paragraph (g) of this AD, no alternative 

actions (e.g., inspections), intervals, and/or 

CDCCLs may be used other than those 

specified in Section 05–40/00, Airworthiness 

Limitations, of Chapter 5–40, Airworthiness 

Limitations, of the Dassault Falcon 50/50EX 

Maintenance Manual, Revision 21, dated 

June 21, 2011, unless the actions, intervals, 

and/or CDCCLs are approved as an 


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alternative methods of compliance (AMOC) 

in accordance with the procedures specified 

in paragraph (j)(1) of this AD. 

(i) Terminating Action for Certain ADs 

Accomplishing the actions required by 

paragraph (g) of this AD terminates the 

requirements of AD 2012–02–18, 

Amendment 39–16941 (77 FR 12175, 

February 29, 2012); and AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010); for the DASSAULT 

AVIATION Model MYSTERE–FALCON 50 

airplanes specified in those ADs. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1137; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

(1) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2011– 

0246, dated December 22, 2011; and Section 

05–40/00, Airworthiness Limitations, of 

Chapter 5–40, Airworthiness Limitations, of 

the Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 21, 2011; for 

related information. 

(2) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet http:// 

www.dassaultfalcon.com. You may review 

copies of the 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. 

Issued in Renton, Washington, on 

September 26, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24392 Filed 10–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1253; Directorate 

Identifier 2011–NM–079–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

that would supersede an existing AD for 

certain Airbus Model A318, A319, 

A320, and A321 series airplanes. For 

certain airplanes, that NPRM proposed 

repetitive inspections for cracks of the 

forward lug of each main landing gear 

(MLG) support rib 5 fitting and repair if 

necessary; and removing Model 318 

airplanes from the applicability. That 

NPRM was prompted by reports of 

cracks found in the forward lug of the 

MLG support rib 5 fitting. This action 

revises that NPRM by adding Model 

A318 airplanes and others to the 

applicability; and requiring repetitive 

detailed inspections for cracks of the 

MLG support 5 fitting, and repair of any 

cracks. We are proposing this AD to 

prevent cracking in the forward lug of 

the MLG, which could result in failure 

of the lug and consequent collapse of 

the MLG during takeoff or landing. 

Since these actions impose an 

additional burden over that proposed in 

the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this proposed AD by November 19, 

2012. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus, 

Airworthiness Office—EAS, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email: 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, 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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1405; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–1253; Directorate Identifier 

2011–NM–079–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 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 


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