[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 [www.gpo.gov]
[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 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: 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 
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-2022-0604.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov 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 
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 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 https://www.regulations.gov 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
----------------------------------------------------------------------------------------------------------------
                                                                          Cost per
             Action                    Labor cost        Parts cost        product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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 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 at https://www.regulations.gov 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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