DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1032; Directorate Identifier 2012-NM-121-AD;
Amendment 39-18122; AD 2015-06-04]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2011-13-07 for
all Dassault Aviation Model FALCON 7X airplanes. AD 2011-13-07 requires
revising the airplane flight manual (AFM) to include a procedure to
power off a radio-altimeter or revert to the correct radio-altimeter
output. This new AD requires revising the AFM to include a simpler
procedure to revert to the correct radio-altimeter output. This AD was
prompted by an analysis which showed that AFM procedures could be
simplified. We are issuing this AD to ensure that the flightcrew has
procedures in the event of a radio-altimeter lock-up, which inhibits
the display of warnings along with certain abnormal conditions, during
the switch into landing mode during altitude cruise. If not corrected,
this could result in the flightcrew being unaware of possible system
failures that require immediate action by the flightcrew, leading to
possible loss of control of the airplane.

DATES: This AD becomes effective May 1, 2015.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 1, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1032; or in person
at the Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Dassault
Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-
6700; Internet http://www.dassaultfalcon.com. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2013-1032.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-13-07, Amendment 39-16730 (76 FR 36283,
June 22, 2011). AD 2011-13-07 applied to all Dassault Aviation Model
FALCON 7X airplanes. The NPRM published in the Federal Register on
December 26, 2013 (78 FR 78292). The NPRM was prompted by an analysis
which showed that AFM procedures could be simplified. The NPRM proposed
to continue to require revising the AFM to include a procedure to power
off a radio-altimeter or revert to the correct radio-altimeter output.
The NPRM also proposed to require revising the AFM to include a simpler
procedure to revert to the correct radio-altimeter output.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2009-0208R2, dated May 22, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Dassault Aviation
Model FALCON 7X airplanes. The MCAI states:

Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter (RA) indicated a
negative distance to the ground despite the aircraft was flying at
medium or high altitude.
A locked RA #1 leads to untimely inhibition of warnings that
could be displayed along with certain abnormal conditions while the
avionic system switches into landing mode during altitude cruise.
This condition, if not corrected, may cause the flight crew to
be unaware of possible system failures that could require immediate
actions, which could ultimately lead to loss of control of the
aeroplane.
To address this unsafe condition, Dassault Aviation developed an
Airplane Flight Manual (AFM) operational procedure that, in case of
RA #1 lock-up, allows the crew to restore the system warning
performance by depowering the RA #1. EASA issued AD 2009-0208
[http://ad.easa.europa.eu/ad/2009-0208R3] to require application of
that new abnormal procedure when RA #1 lock-up occurs. That EASA AD
also prohibited dispatch of the aeroplane with any radio-altimeter
inoperative.
Since issuance of EASA AD 2009-0208, Dassault Aviation developed
Easy avionics load 10 which is embodied through Dassault Aviation
production modification M0566 or in-service through Service Bulletin
(SB) Falcon 7X n[deg]100. This modification provides new features to
display a ``RA miscompare'' flag on both Primary Display Units (PDU)
and allows a commanded system reversion to the correct RA output.
Prompted by this modification, EASA issued AD 2009-0208R1 [
http://ad.easa.europa.eu/ad/2009-0208R3], to allow not deactivating
RA #1 in case lock-up conditions occurred in flight, for aeroplanes
on which M0566 or SB Falcon 7X n[deg]100 was embodied.
Since issuance of EASA AD 2009-0208R1, further analysis shows
that, for aeroplanes with M0566 applied in production, or SB Falcon
7X N[deg]100 applied in service, the RA#2 lock-up occurrence should
be addressed through a commanded system reversion, now only
contained in a simplified Falcon 7X AFM procedure 3-140-70A.
For the reasons described above, this [EASA] AD revises EASA AD
2009-0208R1 to reduce the requirement to amend the AFM by deleting
the reference to procedure 3-140-65B. In addition, Dassault Aviation
have confirmed that all Falcon 7X have been or are being modified
with Mod M0566 applied in production, or SB Falcon 7X n[deg]100
applied in service. For this reason, paragraph (1) of this [EASA] AD
has been deleted. Finally, many editorial changes have been made to
align the writing of the AD with the current writing standards.

You may examine the MCAI in the AD docket on the Internet at http://
www.regulations.gov/#!documentDetail;D=FAA-2013-1032-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (78
FR 78292, December 26, 2013) and the FAA's response to each comment.

Request To Remove Paragraph (g) of the Proposed AD (78 FR 78292,
December 26, 2013)

Dassault requested that paragraph (g) of the proposed AD (78 FR
78292, December 26, 2013) be removed if it is meant to be a retained
action. Dassault stated that paragraph (g) of the proposed AD addresses
the lock-up of the radio-altimeter #1 and paragraph (h) of the proposed
AD addresses the radio-altimeter miscompare condition. Dassault noted
that any significant discrepancy, such as a lock-up condition, will
raise a miscompare flag. Dassault also stated that since paragraph (h)
of the proposed AD generalizes the issue to encompass both radio-
altimeters, paragraph (g) becomes superfluous and procedure 3-140-65
(Figure 1 to paragraph (g) of the proposed AD) no longer exists.
We do not agree to remove paragraph (g) of this AD. Paragraph (g)
of this AD is necessary to address the identified unsafe condition
until the requirements of paragraph (h) of this AD are accomplished.
Operators who complete the requirements of paragraph (h) of this AD do
not need to complete the requirements of paragraph (g) of this AD. We
have not revised this AD in this regard.

Request To Revise a Figure To Allow Dispatch in Certain Configuration
Conditions

Dassault requested that figure 2 of paragraph (h) of the proposed
AD (78 FR 78292, December 26, 2013) be revised to allow dispatch with a
failed radio-altimeter. Dassault noted that the FAA issued an
alternative method of compliance (AMOC), which allows dispatch with one
failed radio-altimeter if the airplane is equipped with the newer
radio-altimeter having part number 066-01153-5001. Dassault proposed to
limit the dispatch prohibition in figure 2 of paragraph (h) of the
proposed AD only to those airplanes that are fitted with an older
radio-altimeter design having part number 066-01153-4001, which it
stated is more prone to lock-ups. Dassault reasoned that the change
would bring consistency with the AMOC letter and eliminate a need for
future AMOCs as the radio-altimeter design is revised.
We do not agree to revise figure 2 of paragraph (h) of this AD.
This type of operational relief is only allowed through the master
minimum equipment list (MMEL) which is not an aspect we provide in an
AD. However, a global AMOC letter has been issued to allow dispatch of
airplanes equipped with the newer radio-altimeter with part number 066-
01153-5001 through the MMEL. As provided by paragraph (i)(1)(ii) of
this AD, this AMOC is valid for all operators affected by this AD.
Therefore, there is no need to revise this final rule to provide this
relief.

Request To Refer to a Later Revision of Service Information

Dassault requested that the NPRM (78 FR 78292, December 26, 2013)
be revised to refer to the latest revision of the Dassault Falcon 7X
Airplane Flight Manual.
We agree. We have revised paragraph (h)(2) of this AD to refer to
Dassault Falcon 7X Airplane Flight Manual, DGT105608, Revision 18,
dated November 15, 2013, as an additional method of compliance.

"Contacting the Manufacturer" Paragraph in This AD

Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (78 FR 78292, December 26, 2013), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, we proposed to change the
phrase ``its delegated agent'' to include a design approval holder
(DAH) with State of Design Authority design organization approval
(DOA), as applicable, to refer to a DAH authorized to approve required
repairs for the proposed AD.
No comments were provided to the NPRM (78 FR 78292, December 26,
2013) about these proposed changes. However, a comment was provided for
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the EASA, or Dassault Aviation's EASA Design Organization
Approval (DOA).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by the State of Design Authority for the
DAH.

Related Service Information Under 1 CFR Part 51

Dassault Aviation issued Procedure 3-140-70A, ``Avionics--Sensor
miscompare (A/C with M566),'' Issue 2, of Section 3--Abnormal
Procedures, of the Dassault Falcon 7X Airplane Flight Manual, DGT
105608, Revision 15, dated January 30, 2012; and Procedure 3-140-70A,
``Avionics--Sensor miscompare,'' Issue 4, of Section 3--Abnormal
Procedures, of the Dassault Falcon 7X Airplane Flight Manual,
DGT105608, Revision 18, dated November 15, 2013. The service
information describes procedures to revert to the correct radio-
altimeter output. This service information is reasonably available; see
ADDRESSES for ways to access this service information.

Conclusion

We reviewed the available data, including the comments received,
and determined that air safety and the
public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 78292, December 26, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 78292, December 26, 2013).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 35 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs

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.
We are 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

We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1032; or in person at
the Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of 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

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]

2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2011-13-07, Amendment 39-16730 (76 FR 36283, June 22, 2011), and adding
the following new AD: