Rule2021-20126
Airworthiness Directives; Dassault Aviation Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2021
Effective
September 16, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="befffacdfedbdfcddf90dbcbccd1cedf90dbcb">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0790.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#adf9c2c083ffc2c9dfc4cad8c8d7edcbcccc83cac2db"><span class="__cf_email__" data-cfemail="c591aaa8eb97aaa1b7aca2b0a0bf85a3a4a4eba2aab3">[email protected]</span></a>.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#2e7a4143007c414a5c47495b4b546e484f4f00494158"><span class="__cf_email__" data-cfemail="6733080a49350803150e0012021d2701060649000811">[email protected]</span></a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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
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1 work-hour x $85 per hour = $85.............. $0 $85 Up to $1,700.
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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: <a href="/cdn-cgi/l/email-protection#380115796e6b1579716a150f0b08157975777b785e5959165f574e"><span class="__cf_email__" data-cfemail="4d74600c1b1e600c041f607a7e7d600c00020e0d2b2c2c632a223b">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#eabe8587c4b8858e98838d9f8f90aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="a2f6cdcf8cf0cdc6d0cbc5d7c7d8e2c4c3c38cc5cdd4">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection#0140457241646072602f6474736e71602f6474"><span class="__cf_email__" data-cfemail="d39297a093b6b2a0b2fdb6a6a1bca3b2fdb6a6">[email protected]</span></a>; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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
<a href="/cdn-cgi/l/email-protection#3d5b4f1354534e4d585e495452537d535c4f5c135a524b"><span class="__cf_email__" data-cfemail="365044185f5845465355425f5958765857445718515940">[email protected]</span></a>, or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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]
BILLING CODE 4910-13-P
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