Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51604-51607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20126]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0790; Project Identifier MCAI-2021-01007-T; 
Amendment 39-21738; AD 2021-19-20]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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 defects on the piston hole associated with the O<INF>2</INF> 
saver feature that may prevent efficient deactivation of the 
O<INF>2</INF> saver function. This AD requires amending the existing 
airplane flight manual (AFM) to incorporate a check and an operating 
limitation regarding the O<INF>2</INF> saver function, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD also limits the installation of 
affected parts under certain conditions. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective September 16, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in this AD as of September 
16, 2021.
    The FAA must receive comments on this AD by November 1, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0790.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0790; 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 AD, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION 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].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0790; Project Identifier MCAI-
2021-01007-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report

[[Page 51605]]

summarizing each substantive verbal contact received about this final 
rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 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]. 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 Emergency AD 2021-0202-E, dated 
September 9, 2021 (EASA Emergency AD 2021-0202-E) (also referred to as 
the MCAI), to correct an unsafe condition for all Dassault Aviation 
Model FALCON 7X airplanes. EASA subsequently issued EASA AD 2021-
0202R1, dated September 10, 2021 (EASA AD 2021-0202R1) to address an 
incorrect reference to a non-existing part number within the definition 
of the affected part.
    This AD was prompted by a report of plastic molding burrs and 
defects found on the piston hole associated with the O<INF>2</INF> 
saver feature during production of certain SAFRAN flightcrew oxygen 
masks. The O<INF>2</INF> saver function allows the flightcrew to wear 
the oxygen mask with limited oxygen consumption to save oxygen by 
delivering it only when needed, either automatically in case of 
depressurization, or manually by switching the 100% or EMERG mode 
button. Defects on the piston hole may prevent efficient deactivation 
of the O<INF>2</INF> saver function. The FAA is issuing this AD to 
address this condition, which could lead to inadequate oxygen supply to 
the flightcrew in case of decompression of the airplane or smoke or 
fire in the flight deck. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0202R1 specifies procedures for amending the existing 
AFM to incorporate a specific check to ensure that the O<INF>2</INF> 
saver function is not activated and an operating limitation to prevent 
use of the O<INF>2</INF> saver function. EASA AD 2021-0202R1 also 
limits the installation of affected parts under certain conditions. 
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 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0202R1 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.
    EASA AD 2021-0202R1 requires operators to ``inform all flight 
crews'' of amendments to the AFM, and thereafter to ``operate the 
aeroplane accordingly.'' However, this AD does not specifically require 
those actions as they are already required by FAA regulations. FAA 
regulations require operators furnish to pilots any changes to the AFM 
(e.g., 14 CFR 121.137), and to ensure that pilots are familiar with the 
AFM (e.g., 14 CFR 91.505). As with any other 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. 14 CFR 91.9 
requires that no person may operate a civil aircraft without complying 
with the operating limitations specified in the AFM. Therefore, 
including a requirement in this AD to operate the airplane according to 
the amended 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 CAAs. As a result, 
EASA AD 2021-0202R1 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0202R1 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Using common terms that are the same 
as the heading of a particular section in EASA AD 2021-0202R1 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 2021-0202R1. Service information required by EASA AD 2021-
0202R1 for compliance will be available at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0790 after this AD is 
published.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because failure to deactivate the O<INF>2</INF>

[[Page 51606]]

saver function could lead to inadequate oxygen supply to the flightcrew 
in case of decompression of the airplane or smoke or fire in the flight 
deck. Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 20 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..............              $0             $85  Up to $1,700.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2021-19-20 Dassault Aviation: Amendment 39-21738; Docket No. FAA-
2021-0790; Project Identifier MCAI-2021-01007-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 16, 
2021.

(b) Affected ADs

    None.

(c) Applicability

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

(e) Unsafe Condition

    This AD was prompted by report of defects on the piston hole 
associated with the O<INF>2</INF> saver feature that may prevent 
efficient deactivation of the O<INF>2</INF> saver function. The FAA 
is issuing this AD to address this condition, which could lead to 
inadequate oxygen supply to the flightcrew in case of decompression 
of the airplane or smoke or fire in the flight deck.

(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 2021-0202R1, dated September 10, 2021 (EASA 
AD 2021-0202R1).

(h) Exceptions to EASA AD 2021-0202R1

    (1) Where EASA AD 2021-0202R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Paragraph (1) of EASA AD 2021-0202R1 specifies amending 
``the applicable AFM [airplane flight manual],'' but this AD 
requires amending the applicable existing AFM and applicable 
corresponding operational procedures.
    (3) Whereas paragraph (1) of EASA AD 2021-0202R1 requires 
operators to ``inform all flight crews'' of the AFM amendments, and 
thereafter to ``operate the aeroplane accordingly,'' this AD does 
not specifically require those actions as they are already required 
by FAA regulations.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0202R1.

(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 
actions can be performed, provided the flight is nonpressurized.

(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

[[Page 51607]]

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 2021-0202R1, 
dated September 10, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0202R1, 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 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20126 Filed 9-14-21; 11:15 am]
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