[Federal Register Volume 90, Number 93 (Thursday, May 15, 2025)]
[Proposed Rules]
[Pages 20569-20572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08553]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0753; Project Identifier MCAI-2024-00681-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 2000EX airplanes. This
proposed AD was prompted by reports of the incorrect installation of
the very high frequency omnidirectional range and localizer (VOR/LOC)
antenna coupler. This proposed AD would require implementing an
operational limitation for Category (CAT) II and CAT III approaches,
inspecting the VOR/LOC antenna coupler, and reinstalling the VOR/LOC
antenna coupler if necessary, 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 June 30,
2025.
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-2025-0753; 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:
[[Page 20570]]
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]. 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-2025-0753.
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: Jonathan Duong, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 516-228-7362; 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-2025-0753;
Project Identifier MCAI-2024-00681-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. 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
Jonathan Duong, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone: 516-228-7362; 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 2024-0219, dated November 18, 2024
(EASA AD 2024-0219) (also referred to as the MCAI), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 2000EX
airplanes. The MCAI states that incorrect installations of the VOR/LOC
antenna have been reported. This unsafe condition, if not addressed,
could result in oscillations of the lateral deviation indication on
both localizer (LOC) number 1 and LOC number 2 during an instrument
landing system (ILS) approach, and in possible inaccurate or erroneous
VOR indication and associated flight management system VOR/distance
measuring equipment (DME) position updates. The FAA is proposing this
AD to address lateral deviation LOC indications and inaccurate or
erroneous VOR indication, which could lead to an airplane departing
from its scheduled flight path and possible impact with terrain or
obstacle.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0753.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0219 specifies procedures for implementing an
operational limitation prohibiting CAT II and CAT III approaches,
inspecting/checking the installation of the VOR/LOC antenna coupler,
and removing and reinstalling any incorrectly installed VOR/LOC antenna
coupler. For airplanes with an operational approval to conduct CAT II
or CAT III approaches, EASA AD 2024-0219 also specifies that the
inspection and applicable corrective actions eliminate the need for the
operational limitation. 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 2024-0219 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Compliance With AFM Revisions
EASA AD 2024-0219 specifies that amending the applicable airplane
flight manual (AFM) by inserting a copy of that AD and thereafter
``operating the aeroplane accordingly,'' is an acceptable method to
comply with that operational limitation requirement. However, this
proposed AD would not specifically require operating the airplane
according to the AFM revision, as that action is already required by
FAA regulations. FAA regulations require that operators furnish to
pilots any changes to the AFM (for example, 14 CFR 121.137), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505). As with any other flightcrew training requirement, training on
updated AFM content is tracked by the operators and recorded in each
pilot's training record, which is available for the FAA to review. 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.
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
[[Page 20571]]
CAAs. As a result, the FAA proposes to incorporate EASA AD 2024-0219 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with EASA AD 2024-0219 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 2024-0219
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 2024-0219. Material required by EASA AD 2024-0219 for
compliance will be available at regulations.gov under Docket No. FAA-
2025-0753 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 279 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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2 work-hours x $85 per hour = $170................. $0 $170 $47,430
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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
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Labor cost Parts cost Cost per product
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1 work-hour x $85 per hour = $85..... $0 $85
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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 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-2025-0753; Project Identifier
MCAI-2024-00681-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 30, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 2000EX
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2024-0219, dated November 18,
2024.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of the incorrect installation of
the very high frequency omnidirectional range and localizer (VOR/
LOC) antenna coupler. The FAA is issuing this AD to address the
incorrect installation of the VOR/LOC antenna coupler. The unsafe
condition, if not addressed, could result in oscillations of the
lateral deviation indication on both LOC number 1 and LOC number 2
during an instrument landing system (ILS) approach, and possible
inaccurate or erroneous VOR indication and associated flight
management system VOR/distance measuring equipment (DME) position
updates. The unsafe condition, if not addressed, could lead to an
airplane departing from its scheduled flight path and possible
impact with terrain or obstacle.
[[Page 20572]]
(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 2024-0219.
(h) Exceptions to EASA AD 2024-0219
(1) Where EASA AD 2024-0219 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2024-0219 specifies that
``[a]mending the applicable AFM [airplane flight manual] by
inserting a copy of this AD and, thereafter, operating the aeroplane
accordingly, is an acceptable method to comply with this
[operational limitation] requirement'', this AD does not require
operating the airplane according to that AFM revision, as that
action is already required by existing FAA operating regulations
(see 14 CFR 91.9, 14 CFR 91.505, and 14 CFR 121.137).
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0219.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be modified, provided category II and category III
operations are prohibited.
(j) 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, send it to the attention of the
person identified in paragraph (k) of this AD and email 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.
(k) Additional Information
For more information about this AD, contact Jonathan Duong,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516-228-7362; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2024-0219,
dated November 18, 2024.
(ii) Reserved.
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]. You may find this material 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 May 9, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-08553 Filed 5-14-25; 8:45 am]
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