Proposed Rule2022-12268
Airworthiness Directives; Dassault Aviation Airplanes
Primary source
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Published
June 9, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-19-20, which applies to all Dassault Aviation Model FALCON 7X airplanes. AD 2021-19-20 requires amending the existing airplane flight manual (AFM) to incorporate a check and an operating limitation regarding the O<INF>2</INF> saver function. Since the FAA issued AD 2021-19-20, it has been determined that the AFM update may not be sufficient to mitigate the risk of failed deactivation of the O<INF>2</INF> saver function. This proposed AD would retain the requirements of AD 2021-19-20 and would require physical deactivation of the O<INF>2</INF> saver function, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. This proposed AD would also limit the installation of affected parts under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Proposed Rules]
[Pages 35122-35125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12268]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0604; Project Identifier MCAI-2021-01375-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)
2021-19-20, which applies to all Dassault Aviation Model FALCON 7X
airplanes. AD 2021-19-20 requires amending the existing airplane flight
manual (AFM) to incorporate a check and an operating limitation
regarding the O<INF>2</INF> saver function. Since the FAA issued AD
2021-19-20, it has been determined that the AFM update may not be
sufficient to mitigate the risk of failed deactivation of the
O<INF>2</INF> saver function. This proposed AD would retain the
requirements of AD 2021-19-20 and would require physical deactivation
of the O<INF>2</INF> saver function, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference. This proposed AD would also limit the installation of
affected parts under certain conditions. 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 July 25,
2022.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For material that will be 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#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="2d6c695e6d484c5e4c0348585f425d4c034858">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this 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-2022-0604.
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-2022-0604; 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.
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#ee9a8183c09c818a9c87899b8b94ae888f8fc0898198"><span class="__cf_email__" data-cfemail="582c3735762a373c2a313f2d3d22183e3939763f372e">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2022-0604; Project Identifier
MCAI-2021-01375-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation
[[Page 35123]]
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and fax
206-231-3226; email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="32665d5f1c605d56405b55475748725453531c555d44">[email protected]</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
The FAA issued AD 2021-19-20, Amendment 39-21738 (86 FR 51604,
September 16, 2021) (AD 2021-19-20), which applies to all Dassault
Aviation Model FALCON 7X airplanes. AD 2021-19-20 requires amending the
existing AFM to incorporate a check and an operating limitation
regarding the O<INF>2</INF> saver function. The FAA issued AD 2021-19-
20 to address 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, 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.
Actions Since AD 2021-19-20 Was Issued
Since the FAA issued AD 2021-19-20, Safran (the mask manufacturer)
and Dassault identified the batch of flightcrew oxygen masks affected
by the manufacturing defects. Additional safety analysis determined
that the AFM amendment required by AD 2021-19-20 may not be sufficient
to mitigate the risk of failed deactivation of the O<INF>2</INF> saver
function in the long term. Consequently, Dassault issued service
information providing instructions for mechanically deactivating the
O<INF>2</INF> saver function of affected flightcrew oxygen masks.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0272, dated December 6, 2021
(EASA AD 2021-0272) (also referred to as the MCAI), to correct an
unsafe condition for all Dassault Aviation Model FALCON 7X airplanes.
This proposed AD was prompted by reports of defects that may
prevent efficient deactivation of the O<INF>2</INF> saver function of
crew oxygen masks and a determination that the AFM amendment required
by AD 2021-19-20 may not be sufficient to mitigate the risk. The FAA is
proposing this AD to address 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, which could result in an
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.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-19-20, this proposed AD would retain all of the
requirements of AD 2021-19-20. Those requirements are referenced in
EASA AD 2021-0272, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0272 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; and for mechanically
deactivating the O<INF>2</INF> saver function of the affected parts
(Safran flightcrew oxygen masks having part number MLD40-45-005 and
serial number B150451 through B172005 inclusive without the letter
``R'' after the serial number). EASA AD 2021-0272 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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0272 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also limit the installation of affected parts
under certain conditions.
EASA AD 2021-0272 requires operators to ``inform all flight crews''
of revisions to the AFM, 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 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. 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 CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0272 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0272 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 2021-0272 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-
0272. Service information required by EASA AD 2021-0272 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-2022-0604 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD affects 20 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 35124]]
Estimated Costs for Required Actions
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Cost per
Action Labor cost Parts cost product Cost on U.S. operators
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Retained actions from AD 2021-19- 1 work-hour x $85 $0 $85 Up to $1,700.
20. per hour = $85.
New proposed actions............ 4 work-hours x $85 0 340 $6,800.
per hour = $340.
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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.
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) 2021-19-20, Amendment 39-21738
(86 FR 51604, September 16, 2021); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2022-0604; Project Identifier
MCAI-2021-01375-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 25, 2022.
(b) Affected ADs
This AD replaces AD 2021-19-20, Amendment 39-21738 (86 FR 51604,
September 16, 2021) (AD 2021-19-20).
(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 reports of defects on the piston hole
associated with the O<INF>2</INF> saver function that may prevent
efficient deactivation of the O<INF>2</INF> saver function and a
determination that the airplane flight manual (AFM) amendment
required by AD 2021-19-20 may not be sufficient to mitigate the risk
of failed deactivation of the O<INF>2</INF> saver function. The FAA
is issuing this AD to address defects that may prevent efficient
deactivation of the O<INF>2</INF> saver function, which could result
in an 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, European Union Aviation Safety Agency (EASA) AD
2021-0272, dated December 6, 2021 (EASA AD 2021-0272).
(h) Exceptions to EASA AD 2021-0272
(1) Where EASA AD 2021-0272 refers to September 13, 2021 (the
effective date of EASA AD 2021-0202-E), this AD requires using
September 16, 2021 (the effective date of AD 2021-19-20).
(2) Where EASA AD 2021-0272 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2021-0272 requires operators
to ``inform all flight crews, and thereafter operate the aeroplane
accordingly,'' this AD does not require those actions as they are
already required by existing FAA operating regulations.
(4) The ``Remarks'' section of EASA AD 2021-0272 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0272
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional FAA 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 identified in paragraph (k)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d2ebff938481ff939b80ffe5e1e2ff939f9d9192b4b3b3fcb5bda4"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[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.
[[Page 35125]]
(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
(1) For EASA AD 2021-0272, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#6223261122070311034c0717100d12034c0717"><span class="__cf_email__" data-cfemail="c18085b281a4a0b2a0efa4b4b3aeb1a0efa4b4">[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>. 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. This material may be found in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0604.
(2) 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#7b0f14165509141f09121c0e1e013b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="384c5755164a575c4a515f4d5d42785e5959165f574e">[email protected]</span></a>.
Issued on June 2, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-12268 Filed 6-8-22; 8:45 am]
BILLING CODE 4910-13-P
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