[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Rules and Regulations]
[Pages 2733-2737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00657]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules 
and Regulations  

[[Page 2733]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1250; Product Identifier 2017-NM-174-AD; Amendment 
39-19159; AD 2018-02-06]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Dassault Aviation Model FALCON 7X, FALCON 2000EX, and FALCON 900EX 
airplanes. This AD requires revising the airplane flight manual (AFM) 
and minimum equipment list (MEL) to incorporate new limitations. This 
AD also provides an optional terminating action that removes the AFM 
and MEL limitations. This AD was prompted by a report indicating that, 
during approach, an airplane had an unexpected change of barometric 
settings on both the pilot and co-pilot sides, which also impacted 
certain display and navigational systems. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective February 5, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 5, 
2018.
    We must receive comments on this AD by March 5, 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: 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 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 Standards Branch, 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-2017-1250.

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-2017-
1250; 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 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 Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION: 

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 2017-0240, dated December 5, 2017 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Dassault 
Aviation Model FALCON 7X, FALCON 2000EX, and FALCON 900EX airplanes. 
The MCAI states:

    An occurrence was reported where, during approach, a Dassault 7X 
aeroplane experienced an unexpected change of barometric setting 
values, on both pilot and co-pilot sides, also having some other 
effects on display and navigation systems. Investigation showed that 
a temporary defect of a Cursor Control Device (CCD) can release 
erroneous but apparently valid data to the avionics. Depending on 
the resulting flight deck effects, crew members may be unaware of 
any incorrect barometric setting values.
    This condition, if not corrected, could lead to a wrong flight 
altitude, possibly affecting continued safe flight and landing.
    To address this potential unsafe condition [Dassault Aviation] 
DA is developing corrective actions through an upgrade of ``EASy'' 
Avionics software. Pending the availability in service of these 
upgrades, DA issued an Aircraft Flight Manual (AFM) amendment and a 
Master Minimum Equipment List (MMEL) amendment, related to dispatch 
with a Traffic Collision Avoidance System (TCAS) or Enhanced Ground 
Proximity Warning System (EGPWS).
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM and MMEL [and includes an optional 
terminating action].
    This [EASA] AD is considered an interim measure and further AD 
action may follow.

    Although the MCAI requires updating the MMEL, this AD requires 
revising the MEL. The MMEL is a master list of the minimum equipment 
with which the airplane can operate under given circumstances. A MEL is 
derived from the MMEL and is tailored for individual operators. The 
optional terminating action is updating the aircraft avionics software 
to the latest EASy II version. You may examine the MCAI on the internet 
at http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-1250.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued the following service information.
    The following service information describes procedures for updating 
the aircraft avionics software to the latest EASy II version. These 
documents are distinct since they apply to different airplane models in 
different configurations.

[[Page 2734]]

     Dassault Service Bulletin F7X-322, dated October 24, 2017.
     Dassault Service Bulletin F900EX-422, dated September 22, 
2017.
     Dassault Service Bulletin F900EX-423, dated December 9, 
2016.
     Dassault Service Bulletin F2000EX-322, Revision 1, dated 
June 21, 2017.
     Dassault Service Bulletin F2000EX-323, dated July 13, 
2017.
    The following service information describes MMEL dispatch 
restrictions for TCAS and EGPWS. These documents are distinct since 
they apply to different airplane models.
     Dassault Falcon 7X/8X, MMEL-CP0205-PUB-F7X, ``TCAS & EGPWS 
limitations without CCD correction,'' Revision 1, dated September 1, 
2016, to the Dispatch Assistance CD-ROM Pub. 781.
     Dassault Falcon 900EX EASy, MMEL-CP0205-PUB-F900EX EASy, 
``TCAS & EGPWS limitations without CCD correction,'' Revision 1, dated 
September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 617.
     Dassault Falcon 2000EX EASy, MMEL-CP0205-PUB-F2000EX EASy, 
``TCAS & EGWPS limitation without CCD correction,'' Revision 1, dated 
September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 682.
    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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
unexpected changes to barometric settings could lead to an incorrect 
flight altitude and ultimately adversely affect the airplane's 
continued safe flight and landing. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-1250; Product 
Identifier 2017-NM-174-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 320 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Updating the AFM/MEL...............  2 work-hours x $85 per hour              $0            $170         $54,400
                                      = $170.
----------------------------------------------------------------------------------------------------------------


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Software update............................  8 work-hours x $85 per hour = $680.              $0            $680
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
cost estimate.

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 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 AD will not have federalism implications 
under

[[Page 2735]]

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

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):

2018-02-06 Dassault Aviation: Amendment 39-19159; Docket No. FAA-
2017-1250; Product Identifier 2017-NM-174-AD.

(a) Effective Date

    This AD becomes effective February 5, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Dassault Aviation airplanes identified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category.
    (1) Model FALCON 7X airplanes, all serial numbers, except those 
that have embodied Dassault modification M1254 or M1705 in 
production, or Dassault Service Bulletin F7X-322 in service.
    (2) Model FALCON 2000EX airplanes, all serial numbers that have 
embodied Dassault modification M1691 in production, except those 
that have embodied Dassault modification M3849 in production, or 
Dassault Service Bulletin F2000EX-322 or Dassault Service Bulletin 
F2000EX-323 in service.
    (3) Model FALCON 900EX airplanes, all serial numbers that have 
embodied Dassault modification M3083 in production, except those 
that have embodied Dassault modification M6002 in production, or 
Dassault Service Bulletin F900EX-422 or Dassault Service Bulletin 
F900EX-423 in service.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by a report indicating that, during 
approach, an airplane had an unexpected change of barometric 
settings on both the pilot and co-pilot sides, which also impacted 
certain display and navigational systems. We are issuing this AD to 
address unexpected changes to barometric settings, which could lead 
to an incorrect flight altitude and could ultimately adversely 
affect the airplane's continued safe flight and landing.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 10 flight cycles after the effective date of this AD, 
revise the Limitations Section of the Airplane Flight Manual (AFM) 
to include the statement specified in figure 1 to paragraph (g) of 
this AD. When a statement identical to that in figure 1 to paragraph 
(g) of this AD has been included in the limitations section of the 
general revisions of the AFM, the general revisions may be inserted 
into the AFM.
[GRAPHIC] [TIFF OMITTED] TR19JA18.000

(h) Minimum Equipment List (MEL) Revision

    Within 10 flight cycles after the effective date of this AD, 
revise the operator's MEL by incorporating the applicable 
information specified in figure 2 to paragraph (h) of this AD as a 
temporary restriction when dispatching the airplane with an 
inoperative traffic alert and collision avoidance system (TCAS) or 
enhanced ground proximity warning system (EGPWS). The MEL can be 
revised by inserting a copy of the applicable MMEL-CP page specified 
in figure 2 to paragraph (h) of this AD into the MEL. After revising 
the applicable MEL, dispatch of that airplane with an inoperative 
TCAS or EGWPS is allowed, provided that the applicable MEL for that 
airplane has been revised, as specified in the applicable dispatch 
restrictions specified in figure 2 to paragraph (h) of this AD.

[[Page 2736]]

[GRAPHIC] [TIFF OMITTED] TR19JA18.001

(i) Optional Terminating Action

    Modification of an airplane by updating the aircraft avionics 
software to the latest EASy II version in accordance with the 
applicable service information specified in figure 3 to paragraph 
(i) of this AD terminates the requirements of paragraphs (g) and (h) 
of this AD for the modified airplane only.
[GRAPHIC] [TIFF OMITTED] TR19JA18.002

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using Dassault Service Bulletin F2000EX-
322, dated October 17, 2016, for the airplanes identified therein.

(k) 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 (l)(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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0240, dated December 5, 
2017, for related information. You may examine the MCAI on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-1250.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 
425-227-1137; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Falcon 7X/8X, MMEL-CP0205-PUB-F7X, ``TCAS & EGPWS 
limitations without CCD correction,'' Revision 1, dated September 1, 
2016, to the Dispatch Assistance CD-ROM Pub. 781.
    (ii) Dassault Falcon 2000EX EASy, MMEL-CP0205-PUB-F2000EX EASy, 
``TCAS & EGWPS limitation without CCD correction,'' Revision 1, 
dated September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 682.
    (iii) Dassault Falcon 900EX EASy, MMEL-CP0205-PUB-F900EX EASy, 
``TCAS & EGPWS limitations without CCD correction,'' Revision 1, 
dated September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 617.
    (iv) Dassault Service Bulletin F7X-322, dated October 24, 2017.
    (v) Dassault Service Bulletin F2000EX-322, Revision 1, dated 
June 21, 2017.
    (vi) Dassault Service Bulletin F2000EX-323, dated July 13, 2017.

[[Page 2737]]

    (vii) Dassault Service Bulletin F900EX-422, dated September 22, 
2017.
    (viii) Dassault Service Bulletin F900EX-423, dated December 9, 
2016.
    (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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00657 Filed 1-18-18; 8:45 am]
 BILLING CODE 4910-13-P