[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Proposed Rules]
[Pages 67572-67575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18484]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2022; Project Identifier MCAI-2024-00189-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 certain Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON
2000EX airplanes. This proposed AD was prompted by reported occurrences
of swelling of the lithium-polymer internal and external batteries of
certain electronic display units (EDUs). This proposed AD would require
modifying certain EDUs and would prohibit the installation of affected
parts, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation by reference (IBR). 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 October 7,
2024.
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2022; 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.
Material Incorporated by Reference:
For EASA material identified in this proposed AD, 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-2024-2022.
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;
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 the ADDRESSES section. Include ``Docket No. FAA-2024-2022;
Project Identifier MCAI-2024-00189-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
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.
[[Page 67573]]
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, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; 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 2024-0072, dated March 15, 2024
(EASA AD 2024-0072) (also referred to as the MCAI), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X, FALCON
900EX, and FALCON 2000EX airplanes. The MCAI states that occurrences
were reported of swelling of the lithium-polymer internal and external
batteries of CMA-1310 EDU having part number (P/N) 100-604073-000, with
a mod-status between 2 and 6 (inclusive). The swelling occurs due to a
high inrush charge and discharge current stress condition applied on a
deeply discharged lithium-polymer battery. The FAA is proposing this AD
to prevent internal and external battery swelling. This condition, if
not corrected, could lead to the thermal runaway of a battery, possibly
resulting in in the release of heat, smoke, fire, and explosion in the
cockpit.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2022.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0072 specifies procedures for modifying CMA-1310 EDUs
having P/N 100-604073-000 and with current mod-status between 2 and 6
(inclusive) to a mod-status 7 or higher, including a visual inspection
of the external removable battery for defects (swelling) and
replacement of any defective external removable battery with a new
external removable battery, and updating the BIOS/EC firmware. EASA AD
2024-0072 prohibits the installation of CMA-1310 EDU having P/N 100-
604073-000 and with a mod-status between 2 and 6 (inclusive) on any
airplane.
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 ADDRESSES.
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 2024-0072 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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 2024-0072 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0072 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 2024-0072 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 2024-
0072. Service information required by EASA AD 2024-0072 for compliance
will be available at regulations.gov under Docket No. FAA-2024-2022
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 719 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 4 work-hours x $85 per hour = $340 $20,840 Up to $21,180.............. Up to $15,228,420.
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The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Actions Labor cost Parts cost product
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Replace one external battery................ 1 work-hour x $85 per hour = $85... $430 $515
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[[Page 67574]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all the costs of this
proposed 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
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-2024-2022; Project Identifier
MCAI-2024-00189-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X, FALCON
900EX, and FALCON 2000EX airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0072, dated March 15, 2024 (EASA AD 2024-0072).
Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.
Note 2 to paragraph (c): Model FALCON 900EX airplanes with
modification M3083 incorporated are commonly referred to as ``Model
FALCON 900EX Easy, FALCON 900LX and FALCON 900DX'' airplanes as a
marketing designation.
Note 3 to paragraph (c): Model FALCON 2000EX airplanes with
modification M1691 incorporated are commonly referred to as ``Model
FALCON 2000EX Easy, FALCON 2000LX, FALCON 2000LXS, FALCON 2000S, and
FALCON 2000DX'' airplanes as a marketing designation.
(d) Subject
Air Transport Association (ATA) of America Code 46, Information
systems.
(e) Unsafe Condition
This AD was prompted by reported occurrences of swelling of the
lithium-polymer internal and external batteries of CMA-1310
electronic display units (EDUs) having part number (P/N) 100-604073-
000, with a mod-status between 2 and 6 (inclusive). The FAA is
proposing this AD to prevent internal and external battery swelling.
The unsafe condition, if not addressed, could lead to the thermal
runaway of a battery, possibly resulting in the release of heat,
smoke, fire, and explosion in the cockpit.
(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, EASA AD 2024-0072.
(h) Exceptions to EASA AD 2024-0072
(1) Where EASA AD 2024-0072 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (1) of EASA AD 2024-0072 specifies to ``replace
each affected part with a serviceable part. This can be accomplished
in accordance with the instructions of the SB.'' This AD, however,
requires replacing that text with ``replace each affected part with
a serviceable part in accordance with the Accomplishment
Instructions of the SB.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0072.
(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; telephone 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 2024-0072,
dated March 15, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0072 identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You
[[Page 67575]]
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 August 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-18484 Filed 8-20-24; 8:45 am]
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