[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57807-57809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20489]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0604; Project Identifier MCAI-2021-01375-T; 
Amendment 39-22148; AD 2022-17-10]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-19-
20, which applied to all Dassault Aviation Model FALCON 7X airplanes. 
AD 2021-19-20 required amending the existing airplane flight manual 
(AFM) to incorporate a check and an operating limitation regarding the 
O2 saver function. This AD was prompted by reports of 
defects that may prevent efficient deactivation of the O2 
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. This AD retains the requirements of AD 2021-19-20 and also 
requires physical deactivation of the O2 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 is effective October 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 27, 
2022.

ADDRESSES: 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-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 final rule, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The address for Docket Operations is 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

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:

Background

    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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-19-20, Amendment 39-21738 (86 FR 
51604, September 16, 2021) (AD 2021-19-20). AD 2021-19-20 applied to 
all Dassault Aviation Model FALCON 7X airplanes. The NPRM published in 
the Federal Register on June 9, 2022 (87 FR 35122). The NPRM was 
prompted by reports of defects on the piston hole associated with the 
O2 saver function that may prevent efficient deactivation of 
the O2 saver function and a determination that the AFM 
amendment required by AD 2021-19-20 may not be sufficient to mitigate 
the risk of failed deactivation of the O2 saver function. 
The NPRM proposed to retain the requirements of AD 2021-19-20 and 
require physical deactivation of the O2 saver function, as 
specified in EASA AD 2021-0272. The NPRM also proposed to limit the 
installation of affected parts under certain conditions.
    The FAA is issuing this AD to address defects that may prevent 
efficient deactivation of the O2 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

[[Page 57808]]

Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products.

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 O2 
saver function is not activated and an operating limitation to prevent 
use of the O2 saver function; and for mechanically 
deactivating the O2 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.

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          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-19-   1 work-hour x $85 per              $0             $85  Up to $1,700.
 20.                                 hour = $85.
New 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 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

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

2022-17-10 Dassault Aviation: Amendment 39-22148; Docket No. FAA-
2022-0604; Project Identifier MCAI-2021-01375-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 27, 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 O2 saver function that may prevent 
efficient deactivation of the O2 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 O2 saver function. The FAA 
is issuing this AD to address defects that may prevent efficient 
deactivation of the O2 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

[[Page 57809]]

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 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) 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 (IBR) 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 2021-0272, 
dated December 6, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0272, 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 August 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20489 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-13-P


