[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Rules and Regulations]
[Pages 67261-67263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18626]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0999; Project Identifier MCAI-2023-01262-T; 
Amendment 39-22780; AD 2024-13-06]
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 
determination that certain left-hand (LH) and right-hand (RH) pylon 
bleed air leak detectors (BALDs) might be defective, due to incorrect 
manufacturing processes and incomplete acceptance test procedures. This 
AD requires a one-time operational check of affected parts and, 
depending on findings, accomplishment of applicable corrective action, 
and limits the installation of affected parts under certain conditions, 
as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 24, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
24, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0999; 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.
    Material Incorporated by Reference:
     For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this material 
on the EASA website at ad.easa.europa.eu. It is also available at 
regulations.gov under Docket No. FAA-2024-0999.
     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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3226; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 10, 2024 (89 FR 25189). The NPRM was prompted by AD 2023-0216, 
dated December 18, 2023, issued by EASA, which is the Technical Agent 
for the Member States of the European Union (EASA AD 2023-0216) (also 
referred to as the MCAI). The MCAI states that certain pylon BALDs 
might be defective, due to incorrect manufacturing processes and 
incomplete acceptance test procedures. The presence of defective LH and 
RH pylon BALDs could lead to undetected pylon overheat, possibly 
resulting in structural degradation or uncontrolled fire.
    In the NPRM, the FAA proposed to require a one-time operational 
check of affected parts and, depending on findings, accomplishment of 
applicable corrective action, and to limit the installation of affected 
parts under certain conditions, as specified in EASA AD 2023-0216. The 
FAA is issuing this AD to address the possible presence of defective LH 
and RH pylon BALDs. The unsafe condition, if not addressed, could 
result in undetected pylon overheat, possibly resulting in structural 
degradation or uncontrolled fire.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0999.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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

[[Page 67262]]

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 reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
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.

Related Material Under 1 CFR Part 51

    EASA AD 2023-0216 specifies procedures for a one-time operational 
check of affected parts, including an inspection of the routing of the 
rear and front BALD loops for interference with the aircraft structure 
between two grommets, an inspection of the BALD loops for overheating 
and burn marks, an inspection of the area surrounding each test point 
for possible interference between the hot air gun and the temperature-
sensitive piping and harnesses, a test of the BALD loops with a wide 
blower nozzle for a certain crew alerting system (CAS) message, and a 
test of the BALD loops with a narrow blower nozzle for a certain CAS 
message; and, depending on findings, accomplishment of applicable 
corrective action including replacing defective BALD loops. EASA AD 
2023-0216 also provides conditions for installation of affected RH and 
LH pylon BALDs.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 150 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850..........................            $602           $1,452         $217,800
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...          $1,661           $2,511
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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:

2024-13-06 Dassault Aviation: Amendment 39-22780; Docket No. FAA-
2024-0999; Project Identifier MCAI-2023-01262-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 24, 
2024.

(b) Affected ADs

    None.

(c) Applicability

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

[[Page 67263]]

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a determination that certain left-hand 
(LH) and right-hand (RH) pylon bleed air leak detectors (BALDs) 
might be defective, due to incorrect manufacturing processes and 
incomplete acceptance test procedures. The FAA is issuing this AD to 
address the possible presence of defective LH and RH pylon BALDs. 
The unsafe condition, if not addressed, could result in undetected 
pylon overheat, possibly resulting in structural degradation or 
uncontrolled fire.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0216, dated December 18, 2023 (EASA AD 2023-0216).

(h) Exceptions to EASA AD 2023-0216

    (1) Where EASA AD 2023-0216 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where the group definitions in EASA AD 2023-0216 specify 
``the SB,'' this AD requires replacing that text with ``Dassault 
Service Bulletin 7X-572, Erratum, dated October 24, 2023.''
    (3) Where the service information referenced in EASA AD 2023-
0216 refers to ``suspicious traces,'' this AD requires replacing 
that text with ``burn marks or signs of overheating.''
    (4) Where EASA AD 2023-0216 refers to ``any discrepancy,'' this 
AD requires replacing that text with ``any routing interference, 
burn marks, signs of overheating, or any specified crew alerting 
system (CAS) message that does not show on a Primary Display Unit 
(PDU) during testing.''
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0216.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) 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, 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.

(j) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3226; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0216, 
dated December 18, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0216, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    Issued on July 1, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-18626 Filed 8-19-24; 8:45 am]
BILLING CODE 4910-13-P