[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Rules and Regulations]
[Pages 45246-45249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16061]
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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;
Amendment 39-22082; AD 2022-12-10]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Dassault Aviation Model FALCON 7X airplanes. 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. This
AD requires 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
incorporated by reference. This AD also requires revising the existing
AFM to incorporate additional information in the emergency procedures.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective September 1, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 1,
2022.
ADDRESSES: For material 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 IBR 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 www.regulations.gov by searching for and locating Docket No.
FAA-2022-0390.
Examining the AD Docket
You may examine the AD docket at 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 final rule, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The address for Docket Operations is 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,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email
[email protected].
SUPPLEMENTARY INFORMATION:
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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Dassault Aviation
Model FALCON 7X airplanes. The NPRM published in the Federal Register
on April 5, 2022 (87 FR 19653). The NPRM 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 NPRM proposed to require 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, and revising the operator's
existing FAA-approved MEL items for the multi-function probe heating,
air data, and inertial reference systems, as specified in EASA AD 2021-
0197. The NPRM also proposed to require revising the existing AFM to
incorporate additional information in the emergency procedures.
The FAA is issuing this AD to address misleading data on display
units, 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Change to the Applicability
The FAA has revised paragraph (c) of this AD to exclude airplanes
having Dassault modification M2091 embodied in production from the
applicability because those airplanes are not affected by the
identified unsafe condition. Modification M2091 upgrades the airplane
avionics to the ``EASY III--4th CERT'' standard that improves the
Falcon 7X EASy avionics architecture. This change to the applicability
corresponds to EASA AD 2022-0145, dated July 12, 2022 (EASA AD 2022-
0145), which supersedes EASA AD 2021-0197. EASA AD 2022-0145 also
requires an additional modification for certain airplanes. The FAA is
considering further rulemaking to mandate the new modification
specified in EASA AD 2022-0145.
The FAA has also added Note 1 to paragraph (c) of this AD to
explain that Model FALCON 7X airplanes with
[[Page 45247]]
Dassault modification M1000 incorporated are commonly referred to as
``Model FALCON 8X'' as a marketing designation.
Conclusion
The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed with the changes described
previously. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.
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.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD affects 121 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
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
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) Will not affect intrastate aviation in Alaska, and
(3) 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.
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:
2022-12-10 Dassault Aviation: Amendment 39-22082; Docket No FAA-
2022-0390; Project Identifier MCAI-2021-00968-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 1,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation Model FALCON 7X
airplanes, certificated in any category, except airplanes having
Dassault modification M2091 embodied in production.
Note 1 to paragraph (c): Model FALCON 7X airplanes with Dassault
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' as a marketing designation.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(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).
[[Page 45248]]
(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.
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(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) 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
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
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].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2021-0197,
dated August 23, 2021.
(ii) [Reserved]
(3) 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.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational
[[Page 45249]]
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16061 Filed 7-27-22; 8:45 am]
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