[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Proposed Rules]
[Pages 19653-19657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07099]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0390; Project Identifier MCAI-2021-00968-T]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Dassault Aviation Model FALCON 7X airplanes. This proposed AD 
was prompted by a report of a weak point identified in the Falcon 7X 
`EASy' avionics architecture, which, coupled with theoretical generic 
input/output (I/O) card failure, could lead to misleading data on 
display units. This proposed AD would require revising the existing 
airplane flight manual (AFM) to provide emergency procedures for 
inconsistent or unreliable flight data and emergency and abnormal 
operations procedures for the GEN I/O internal module failure, and 
revising the operator's existing FAA-approved minimum equipment list 
(MEL) items for the multi-function probe heating, air data, and 
inertial reference systems, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is proposed for incorporation by 
reference. This proposed AD would also require revising the existing 
AFM to incorporate additional information in the emergency procedures. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by May 20, 
2022.

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 https://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 material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0390.

[[Page 19654]]

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0390; 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 NPRM, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0390; Project Identifier 
MCAI-2021-00968-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Tom 
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3226; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0197, dated August 23, 2021 
(EASA AD 2021-0197) (also referred to as the MCAI), to correct an 
unsafe condition for all Dassault Aviation Model FALCON 7X airplanes. 
The FAA notes that Model FALCON 7X airplanes with Dassault modification 
M1000 incorporated are commonly referred to as ``Model FALCON 8X'' as a 
marketing designation. This proposed AD was prompted by a report of a 
weak point identified in the Falcon 7X `EASy' avionics architecture, 
which, coupled with theoretical generic I/O card failure, could lead to 
misleading data on display units. The FAA is proposing this AD to 
address this condition, which could reduce safety margins and lead to 
increased pilot workload, and consequent reduced controllability of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0197 specifies procedures for revising the existing 
AFM to provide emergency procedures for inconsistent or unreliable 
flight data and emergency and abnormal operations procedures for the 
GEN I/O internal module failure, revising the operator's existing MEL 
for the air data and inertial reference systems, and revising the 
operating suitability manual. This material 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

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0197 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD, 
and except as discussed under ``Differences Between this Proposed AD 
and the MCAI.'' This proposed AD also requires revising the existing 
AFM to incorporate additional information in the emergency procedures.

Difference Between This Proposed AD and the MCAI

    EASA AD 2021-0197 requires operators to ``inform all flight crews, 
and, thereafter, ensure that each pilot has performed the training and 
operate the aeroplane accordingly'' for the AFM amendment, master 
minimum equipment list (MMEL) implementation, and Operational 
Suitability Manual-Flight Crew (OSM-FC) implementation required by that 
EASA AD. However, this proposed AD would not specifically require those 
actions for the reasons specified below:
    For the AFM amendment: This proposed AD would not specifically 
require the ``inform all flight crews, and, thereafter, ensure that 
each pilot has performed the training and operate the aeroplane 
accordingly'' actions as those actions are already required by FAA 
regulations for the AFM. FAA regulations require operators furnish to 
pilots any changes to the AFM (for example, 14 CFR 135.81(c)), and to 
ensure the pilots are familiar with the AFM (for example, 14 CFR 
91.505(a)). FAA regulations also require pilots to follow the 
procedures in the existing AFM including all updates. 14 CFR 91.9 
requires that any person operating a civil aircraft must comply with 
the operating limitations specified in the AFM. Therefore, including a 
requirement in this proposed AD to operate the airplane according to 
the revised AFM would be redundant and unnecessary.
    For the MMEL implementation: FAA regulations (14 CFR 91.213(a)(4)) 
require operators to provide pilots with access to all of the 
information contained in the operator's existing FAA-approved MEL. 
Compliance with such a requirement (``inform all flight crews, and, 
thereafter, ensure that each pilot has performed the training and 
operate the aeroplane accordingly'') for the

[[Page 19655]]

MMEL in an AD would be impracticable to demonstrate or track on an 
ongoing basis; therefore, a requirement to operate the airplane in such 
a manner would be unenforceable.
    For the OSM-FC implementation: This proposed AD would not 
specifically require the ``inform all flight crews, and, thereafter, 
ensure that each pilot has performed the training and operate the 
aeroplane accordingly'' actions as this proposed AD would not require 
implementing the Dassault Falcon 7X Falcon 8X OSM-FC, DGT148654, 
Revision 6, dated July 2, 2021 (Dassault Falcon 7X Falcon 8X OSM-FC, 
Revision 6). Paragraph (4) of the EASA AD 2021-0197 does not apply to 
this proposed AD because Dassault Falcon 7X Falcon 8X OSM-FC, Revision 
6, is not an FAA-approved document and therefore operators might not 
have that document as part of their training program. The FAA reviewed 
the actions in Dassault Falcon 7X Falcon 8X OSM-FC, Revision 6, and 
determined the information for Tp-118-EZII of the OSM-FC is necessary 
for flightcrew awareness and therefore must be included in the AFM. The 
FAA has included paragraph (i) in this proposed AD to require revising 
the existing AFM, as applicable, to incorporate the information for Tp-
118-EZII of the OSM-FC, specified in figure 1 to paragraph (i) of this 
proposed AD, after sub-sub-section 2-200-70, ADS with IRS miscompare, 
of sub-section 2-200, Emergency Procedures, of Section 2--Emergency 
Procedures.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0197 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0197 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0197 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0197. Service information required by EASA AD 2021-0197 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0390 after the FAA final rule is 
published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 121 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170          $20,570
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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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Dassault Aviation: Docket No. FAA-2022-0390; Project Identifier 
MCAI-2021-00968-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 20, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X 
airplanes, certificated in any category.

(d) Subject

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

[[Page 19656]]

(e) Unsafe Condition

    This AD was prompted by a report of a weak point identified in 
the Falcon 7X `EASy' avionics architecture, which, coupled with 
theoretical generic input/output (I/O) card failure, could lead to 
misleading data on display units. The FAA is issuing this AD to 
address this condition, which could reduce safety margins and lead 
to increased pilot workload, and consequent reduced controllability 
of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0197, dated August 23, 2021 (EASA AD 2021-0197).

(h) Exceptions to EASA AD 2021-0197

    (1) Where EASA AD 2021-0197 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Whereas EASA AD 2021-0197 requires operators to ``inform all 
flight crews, and, thereafter, ensure that each pilot has performed 
the training and operate the aeroplane accordingly,'' this AD does 
not require those actions.
    (3) Where paragraph (3) of EASA AD 2021-0197 specifies to 
``implement the instructions of the MMEL-CP,'' this AD requires 
revising the operator's existing FAA-approved minimum equipment list 
(MEL) to incorporate that information (``the MMEL-CP'' as specified 
in EASA AD 2021-0197).
    (4) Paragraph (4) of EASA AD 2021-0197 does not apply to this 
AD.
    (5) The ``Remarks'' section of EASA AD 2021-0197 does not apply 
to this AD.

(i) Airplane Flight Manual (AFM) Revision

    Within 2 months after the effective date of this AD, revise the 
applicable existing AFM to incorporate the information specified in 
figure 1 to paragraph (i) of this AD after sub-sub-section 2-200-70, 
Emergency Procedures, ADS with IRS miscompare, of sub-section 2-200, 
Emergency Procedures, of Section 2--Emergency Procedures.
[GRAPHIC] [TIFF OMITTED] TP05AP22.000

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, 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

[[Page 19657]]

inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or 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) For EASA AD 2021-0197, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. You may 
view this material at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0390.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3226; email [email protected].

    Issued on March 29, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07099 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-13-P