[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Proposed Rules]
[Pages 37810-37814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14932]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-1729; Project Identifier MCAI-2024-00568-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 supersede Airworthiness Directive (AD)
2022-12-10, which applies to certain Dassault Aviation Model FALCON 7X
airplanes. AD 2022-12-10 requires revising the existing airplane flight
manual (AFM) to provide emergency procedures for inconsistent or
unreliable flight data, emergency and abnormal operations procedures
for the generic input/output (GEN I/O) internal module failure, and
emergency procedures for additional information. AD 2022-12-10 also
requires revising the existing minimum equipment list (MEL) for the
multi-function probe heating, air data, and inertial reference systems.
Since the FAA issued AD 2022-12-10, the manufacturer developed
modifications that fix a weak point in the avionics architecture. This
proposed AD would continue to require the actions in AD 2022-12-10 and
would remove certain airplanes from the applicability. This proposed AD
would also require modification of the avionics system and related
revisions to the existing AFM and MEL. 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 September
22, 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-2025-1729; 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 European Union Aviation Safety Agency (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-2025-1729.
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: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7301; 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 using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-1729;
Project Identifier MCAI-2024-00568-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
[[Page 37811]]
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 William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7301; 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
The FAA issued AD 2022-12-10, Amendment 39-22082 (87 FR 45246, July
28, 2022) (AD 2022-12-10), for all Dassault Aviation Model FALCON 7X
airplanes, except airplanes having Dassault modification M2091 embodied
in production. AD 2022-12-10 was prompted by an MCAI originated by
EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2021-0197, dated August 23, 2021 (EASA
AD 2021-0197), to correct an unsafe condition on all Dassault Aviation
Model FALCON 7X airplanes. EASA AD 2021-0197 states a weak point in the
Falcon 7X ``EASy'' avionics architecture that, coupled with theoretical
GEN I/O card failure, may lead to misleading data on display units.
AD 2022-12-10 requires 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. AD 2022-12-10 also requires revising the existing
AFM to incorporate additional information in the emergency procedures.
The FAA issued AD 2022-12-10 to address misleading data on display
units. The unsafe condition, if not addressed, could reduce safety
margins and lead to increased pilot workload and consequent reduced
controllability of the airplane.
Actions Since AD 2022-12-10 Was Issued
The preamble to AD 2022-12-10 specifies that the FAA considers that
AD ``interim action'' and that the FAA might consider further
rulemaking if a final action is identified. The manufacturer has since
developed modifications (i.e., software upgrades) that fix a weak point
in the avionics architecture to address the unsafe condition. The FAA
has determined that the modifications and related AFM and MEL revisions
should be required.
Since the FAA issued AD 2022-12-10, EASA superseded EASA AD 2021-
0197 with EASA AD 2022-0145, dated July 12, 2022 (EASA AD 2022-0145).
EASA AD 2022-0145 was issued to retain the requirements of EASA AD
2021-0197, exclude airplanes on which Dassault modification M2091 was
embodied in production, and require airplane serial numbers (S/Ns) 402
and subsequent with the ``EASy III--2nd CERT'' or ``EASy III--3rd
CERT'' standard to upgrade the avionics architecture to the ``EASY
III--4th CERT'' standard (modification M2091).
EASA AD 2022-0145, in turn, was superseded by EASA AD 2023-0003,
dated January 6, 2023 (EASA AD 2023-0003). EASA AD 2023-0003 was issued
to retain the requirements of EASA AD 2022-0145, exclude airplanes on
which Dassault modification M2096 or M2097 was embodied in production,
and require airplane S/Ns 2 through 400 inclusive to upgrade the
avionics architecture to the ``EASy II--5th CERT'' standard
(modification M2096 or M2097, as applicable).
EASA subsequently revised AD 2023-0003 with EASA AD 2023-0003R1,
dated September 26, 2024 (EASA AD 2023-0003R1) (also referred to as the
MCAI), to correct an unsafe condition for all Dassault Aviation Model
FALCON 7X airplanes, except airplanes on which Dassault modification
M2055, M2059, M2091, M2096, or M2097 was embodied in production. Since
EASA AD 2023-0003 was issued, Dassault developed modifications M2055
(for airplane S/Ns 2 through 400 inclusive) and M2059 (for airplane S/
Ns 402 and subsequent) that upgrade the avionics architecture to the
``EASy IV'' standard and issued Dassault Service Bulletin 7X-600, dated
November 7, 2022; Dassault Service Bulletin 7X-601, April 24, 2023; and
Dassault Service Bulletin 7X-602, June 3, 2023; as applicable, to
provide in-service modification instructions. Accordingly, EASA AD
2023-0003R1 excludes airplanes on which modifications M2055 or M2059
was embodied in production and allows incorporation of those
modifications in service as an optional method of compliance for
modifications M2091, M2096, or M2097, as applicable.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-1729.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-12-10, this proposed AD would retain all of the
requirements of AD 2022-12-10. Those requirements are referenced in
EASA AD 2023-0003R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0003R1 specifies 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; existing FAA-approved MEL items for the multi-function
probe heating, air data, and inertial reference systems and modular
avionic unit (MAU) #1B; and operational suitability manual--flight crew
(OSM-FC). This material also specifies procedures for modifying the
avionics system and incorporating related AFM and MEL revisions.
This material also describes optional procedures for modifying the
avionics architecture to the ``EASy IV'' standard, revising the
existing AFM to incorporate revision 6 or revision 25, as applicable,
and revising the existing FAA-approved MEL to incorporate revision 16.
Accomplishing the optional modification and AFM revision is an
acceptable method of compliance for the applicable modification that
upgrades the avionics architecture to ``EASy III--4th CERT'' or ``EASy
II--5th CERT'' and related AFM revision. In addition, accomplishing the
optional MEL revision is an acceptable method of compliance for the
corresponding revisions to MEL items for the multi-function probe
heating, air data, and inertial reference systems and MAU #1B.
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
These products have been approved by the civil aviation authority
of another country and are approved for operation
[[Page 37812]]
in the United States. Pursuant to the FAA's bilateral agreement with
this State of Design Authority, that authority 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 2023-0003R1 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
See ``Differences Between This Proposed AD and the MCAI'' for a
discussion of the general differences included in this proposed AD.
Compliance With AFM and MEL Revisions
EASA AD 2023-0003R1 requires operators to ``inform all flight
crews'' of revisions to the AFM and MEL, and thereafter to ``operate
the aeroplane accordingly.'' However, this proposed AD would not
specifically require those actions as those actions are 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
the 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. Section 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. FAA regulations (14 CFR
121.628(a)(2)) require operators to provide pilots with access to all
the information contained in the operator's MEL. Furthermore, 14 CFR
121.628(a)(5) requires airplanes to be operated under all applicable
conditions and limitations contained in the operator's MEL. Therefore,
including a requirement in this proposed AD to operate the airplane
according to the revised AFM and MEL would be redundant and
unnecessary.
Differences Between This Proposed AD and the MCAI
EASA AD 2023-0003R1 requires operators to implement the
instructions of Dassault Falcon 7X Falcon 8X OSM-FC DGT148654, Revision
6, dated July 2, 2021, or later approved revisions, and to inform all
flightcrews of the AFM revision and ensure each pilot has performed the
training and operates the airplane accordingly. This proposed AD would
not require those specifics actions because the Dassault Falcon 7X
Falcon 8X OSM-FC is not an FAA-approved document and therefore
operators might not have that document as part of their training
program. However, the FAA reviewed Dassault Falcon 7X Falcon 8X OSM-FC,
Revision 6, and determined the information for Training Areas of
Special Emphasis for Pilots (TASEp) Tp-118-EZII is necessary for
flightcrew awareness and must be included in the AFM. Therefore, this
proposed AD would require revising the Emergency Procedures section of
the existing AFM to incorporate the information for TASEp Tp-118-EZII.
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 2023-0003R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0003R1 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 2023-0003R1 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 2023-
0003R1. Material required by EASA AD 2023-0003R1 for compliance will be
available at regulations.gov under Docket No. FAA-2025-1729 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 160 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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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2022-12-10 (MEL 2 work-hours x $85 per hour $0 $170 $27,200
and AFM revisions). = $170.
New proposed actions (modification and 10 work-hours x $85 per * 0 850 136,000
AFM and MEL revisions). hour = $850.
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
proposed AD.
Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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Up to 302 work-hours x $85 per Up to $782,394.... $808,064
hour = $25,670.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
[[Page 37813]]
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:
0
a. Removing Airworthiness Directive (AD) 2022-12-10, Amendment 39-22082
(87 FR 45246, July 28, 2022); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2025-1729; Project Identifier
MCAI-2024-00568-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 22, 2025.
(b) Affected ADs
This AD replaces AD 2022-12-10, Amendment 39-22082 (87 FR 45246,
July 28, 2022) (AD 2022-12-10).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0003R1, dated September 26,
2024 (EASA AD 2023-0003R1).
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 and by development of modifications
that fix that weak point in the avionics architecture. The FAA is
issuing this AD to address misleading data on display units. The
unsafe condition, if not addressed, could reduce safety margins and
lead to increased pilot workload, possibly resulting in 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, EASA AD 2023-0003R1.
(h) Exceptions to EASA AD 2023-0003R1
(1) Where EASA AD 2023-0003R1 refers to September 6, 2021 (the
effective of EASA AD 2021-0197), this AD requires using September 1,
2022 (the effective date of AD 2022-12-10).
(2) Where EASA AD 2023-0003R1 refers to July 26, 2022 (the
effective date of EASA AD 2022-0145, dated July 12, 2022), and
January 20, 2023 (the effective date of EASA AD 2023-0003, dated
January 6, 2023), this AD requires using the effective date of this
AD.
(3) Where paragraph (1) of EASA AD 2023-0003R1 requires
operators to ``inform all flight crews, and, thereafter, ensure that
each pilot has performed the training and operates the aeroplane
accordingly,'' and paragraph (2.2) of EASA AD 2023-0003R1 requires
operators to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations (see 14 CFR 91.9, 91.505, 121.137, and 121.628(a)(2) and
(5)).
(4) Where paragraph (1.3) of EASA AD 2023-0003R1 specifies to
``Implement the instructions of the MMEL-CP'', this AD requires
replacing that text with ``Revise the operator's existing FAA-
approved minimum equipment list (MEL) to incorporate that
information (``the MMEL-CP'' as specified in EASA AD 2023-0003R1)''.
(5) Paragraph (1.4) of EASA AD 2023-0003R1 does not apply to
this AD.
(6) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0003R1.
(i) Airplane Flight Manual (AFM) Revision
Within 2 months after September 1, 2022 (the effective date of
AD 2022-12-10), 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.
Figure 1 to Paragraph (i)--Training Areas of Special Emphasis for Pilot
(TASEp) Tp-118-EZII Info for AFM
[[Page 37814]]
[GRAPHIC] [TIFF OMITTED] TP06AU25.003
(j) No Reporting Requirement
Although the material referenced in EASA AD 2023-0003R1
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(k) 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 (l) 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.
(l) Additional Information
For more information about this AD, contact William Reisenauer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7301; email: [email protected].
(m) 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 2023-0003R1,
dated September 26, 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 August 1, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-14932 Filed 8-5-25; 8:45 am]
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