[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Rules and Regulations]
[Pages 12546-12548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04025]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1297; Project Identifier MCAI-2022-00570-T; 
Amendment 39-22336; AD 2023-03-11]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Dassault Aviation Model FALCON 7X airplanes. This AD was 
prompted by a report of smoke in the flightdeck and loss of the right-
hand (RH) primary display unit (PDU) and the secondary flight display 
(SFD). This AD requires inspecting the two electrical power feeders for 
damage (deterioration), measuring the clearance between the two 
electrical power feeders and the forward lavatory bulkhead, and 
applicable corrective actions, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 4, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 4, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1297; 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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 
regulations.gov under Docket No. FAA-2022-1297.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th Street, Des Moines, WA 98198; telephone 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Dassault 
Aviation Model FALCON 7X airplanes. The NPRM published in the Federal 
Register on October 21, 2022 (87 FR 63978). The NPRM was prompted by AD 
2022-0073, dated April 27, 2022, issued by EASA, which is the Technical 
Agent for the Member States of the European Union (EASA AD 2022-0073) 
(also referred to as the MCAI). The MCAI states that a report was 
received of smoke in the flightdeck and loss of the RH PDU and the SFD. 
The subsequent investigation determined that chafing and arcing of the 
electrical power feeders with the forward lavatory bulkhead led to 
smoke and loss of the RH PDU and the SFD power supply.
    In the NPRM, the FAA proposed to require inspecting the two 
electrical power feeders for damage (deterioration), measuring the 
clearance between the two electrical power feeders and the forward 
lavatory bulkhead, and applicable corrective actions, as specified in 
EASA AD 2022-0073. The FAA is issuing this AD to address chafing and 
arcing of the electrical power feeders with the forward lavatory 
bulkhead, which could lead to loss of systems supporting flight 
automation and flight displays and reduced situational awareness, 
possibly resulting in a significant increase of flightcrew workload and 
injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1297.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an anonymous commenter. The 
following presents the comment received on the NPRM and the FAA's 
response to the comment.

Request To Clarify Manufacturer Involvement

    The anonymous commenter supported the NPRM without change. However, 
the commenter also wanted to know if manufacturers that make and design 
the aircraft are involved in the resolution of an unsafe condition on 
their product.
    The FAA acknowledges that all manufacturers are always involved in 
the resolution of any unsafe condition associated with their product.

Conclusion

    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 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD

[[Page 12547]]

as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0073 specifies procedures for inspecting the two 
electrical power feeders for damage (deterioration), measuring the 
clearance between the two electrical power feeders and the forward 
lavatory bulkhead, and applicable corrective actions. The corrective 
actions include repairing any electrical power feeder with 
deterioration and modifying the forward lavatory bulkhead. If a 
clearance of more than 1 millimeter (mm) but less than or equal to 13 
mm is detected, the corrective action includes installing ROUNDIT200NX 
sheath on the affected electrical power feeder using white binding 
braid. If a clearance of more than 13 mm is detected, the corrective 
action includes looking for the presence of a blue cable grip around 
the electrical power feeders and installing it if it is missing. 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 45 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.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170           $7,650
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    The FAA estimates the following costs to do any necessary on-
condition actions 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
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
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Up to 33 work-hours x $85 per     Up to $431........  Up to $3,236.
 hour = $2,805.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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 adding the following new airworthiness 
directive:

2023-03-11 Dassault Aviation: Amendment 39-22336; Docket No. FAA-
2022-1297; Project Identifier MCAI-2022-00570-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 4, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2022-0073, dated April 27, 2022 
(EASA AD 2022-0073).

(d) Subject

    Air Transport Association (ATA) of America Code: 24, Electrical 
power.

[[Page 12548]]

(e) Unsafe Condition

    This AD was prompted by a report of smoke in the flightdeck and 
loss of the right-hand primary display unit (PDU) and the secondary 
flight display (SFD). The FAA is issuing this AD to address chafing 
and arcing of the electrical power feeders with the forward lavatory 
bulkhead, which could lead to loss of systems supporting flight 
automation and flight displays and reduced situational awareness, 
possibly resulting in a significant increase of flightcrew workload 
and injury to 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, EASA AD 2022-0073.

(h) Exceptions to EASA AD 2022-0073

    (1) Where EASA AD 2022-0073 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0073 does not apply 
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch send it to the attention of the person identified 
in paragraph (j) 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, 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.

(j) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 206-231-3226; email [email protected].

(k) 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 2022-0073, 
dated April 27, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0073, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 7, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04025 Filed 2-27-23; 8:45 am]
BILLING CODE 4910-13-P


