[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Proposed Rules]
[Pages 37255-37257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14965]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0569; Project Identifier MCAI-2020-01692-T]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON 
2000EX airplanes. This proposed AD was prompted by a report of a 
manufacturing issue involving misalignment of a cabin seat pin and 
plate that can prevent the recline locking mechanism from properly 
engaging when the seat is in taxi, take-off, or landing position. This 
proposed AD would require an inspection of certain cabin seats for 
discrepancies and corrective action, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference. 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 August 30, 
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 EASA 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#6524211625000416044b0010170a15044b0010"><span class="__cf_email__" data-cfemail="2263665162474351430c4757504d52430c4757">[email protected]</span></a>; 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 IBR 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0569.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0569; 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, 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, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; 
email <a href="/cdn-cgi/l/email-protection#e0948f8dce928f8492898795859aa0868181ce878f96"><span class="__cf_email__" data-cfemail="0b7f64662579646f79626c7e6e714b6d6a6a256c647d">[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-2021-0569; Project Identifier 
MCAI-2020-01692-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 
the 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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

[[Page 37256]]

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, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3226; email <a href="/cdn-cgi/l/email-protection#f4809b99da869b90869d9381918eb4929595da939b82"><span class="__cf_email__" data-cfemail="d9adb6b4f7abb6bdabb0beacbca399bfb8b8f7beb6af">[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 AD 2020-0284, dated December 18, 2020 
(EASA AD 2020-0284) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON 
2000EX airplanes.
    This proposed AD was prompted by a report of a manufacturing issue 
involving misalignment of a seat pin and plate which can prevent the 
recline locking mechanism from properly engaging when the seat is in 
taxi, take-off, or landing position. The FAA is proposing this AD to 
address cabin seats having improper or no engagement of the recline 
locking mechanism during taxi, take-off, or landing, which could result 
in reduced seat performance under crash loads and possible injury to 
seat occupants. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0284 describes procedures for an inspection of certain 
cabin seats for discrepancies (a gap between the seat pin and plate), 
and corrective action (adjustment, deactivation, or repair), as 
applicable. EASA AD 2020-0284 also prohibits installation of certain 
cabin seats. 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 and Requirements of This Proposed AD

    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0284 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 certain 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 2020-0284 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2020-0284 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 2020-0284 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 2020-
0284. Service information specified in EASA AD 2020-0284 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0569 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 565 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.
                 Labor cost                               Parts cost                  product        operators
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1 work-hour x $85 per hour = $85............  None..............................             $85         $48,025
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    The FAA estimates the following costs to do any necessary on-
condition adjustments or deactivations that would be required based on 
the results of any required actions. The FAA has no way of determining 
the number of aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......              $0              $85
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed AD

[[Page 37257]]

may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. 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 adding the following new airworthiness 
directive:

Dassault Aviation: Docket No. FAA-2021-0569; Project Identifier 
MCAI-2020-01692-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X, FALCON 
900EX, and FALCON 2000EX airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by a report of a manufacturing issue 
involving misalignment of a seat pin and plate that can prevent the 
recline locking mechanism from properly engaging when the seat is in 
taxi, take-off, or landing position. The FAA is issuing this AD to 
address cabin seats having improper or no engagement of the recline 
locking mechanism during taxi, take-off, or landing, which could 
result in reduced seat performance under crash loads and possible 
injury to seat occupants.

(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 
2020-0284, dated December 18, 2020 (EASA AD 2020-0284).

(h) Exceptions to EASA AD 2020-0284

    (1) Where EASA AD 2020-0284 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0284 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2020-0284 specifies action if 
``any discrepancy'' is detected for this AD, a discrepancy is a gap 
between the seat pin and plate.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0284 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other 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#dee7f39f888df39f978cf3e9edeef39f93919d9eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="d7eefa968184fa969e85fae0e4e7fa969a989497b1b6b6f9b0b8a1">[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

    (1) For information about EASA AD 2020-0284, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#f0b1b483b095918391de9585829f8091de9585"><span class="__cf_email__" data-cfemail="28696c5b684d495b49064d5d5a475849064d5d">[email protected]</span></a>; internet www.easa.europa.eu. You 
may find this EASA AD 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0569.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226; email <a href="/cdn-cgi/l/email-protection#d6a2b9bbf8a4b9b2a4bfb1a3b3ac96b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="d7a3b8baf9a5b8b3a5beb0a2b2ad97b1b6b6f9b0b8a1">[email protected]</span></a>.

    Issued on July 9, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-14965 Filed 7-14-21; 8:45 am]
BILLING CODE 4910-13-P


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