[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
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170..............................              $0            $170         $20,570
----------------------------------------------------------------------------------------------------------------

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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