DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1250; Product Identifier 2017-NM-174-AD; Amendment
39-19159; AD 2018-02-06]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X, FALCON 2000EX, and FALCON 900EX
airplanes. This AD requires revising the airplane flight manual (AFM)
and minimum equipment list (MEL) to incorporate new limitations. This
AD also provides an optional terminating action that removes the AFM
and MEL limitations. This AD was prompted by a report indicating that,
during approach, an airplane had an unexpected change of barometric
settings on both the pilot and co-pilot sides, which also impacted
certain display and navigational systems. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective February 5, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 5,
2018.
We must receive comments on this AD by March 5, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-493-2251.
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.
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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this final rule, contact
Dassault Falcon Jet Corporation, Teterboro Airport, 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 Standards Branch, 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-2017-1250.

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2017-
1250; or in person at the Docket Operations office 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. Comments will be
available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0240, dated December 5, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 7X, FALCON 2000EX, and FALCON 900EX airplanes.
The MCAI states:

An occurrence was reported where, during approach, a Dassault 7X
aeroplane experienced an unexpected change of barometric setting
values, on both pilot and co-pilot sides, also having some other
effects on display and navigation systems. Investigation showed that
a temporary defect of a Cursor Control Device (CCD) can release
erroneous but apparently valid data to the avionics. Depending on
the resulting flight deck effects, crew members may be unaware of
any incorrect barometric setting values.
This condition, if not corrected, could lead to a wrong flight
altitude, possibly affecting continued safe flight and landing.
To address this potential unsafe condition [Dassault Aviation]
DA is developing corrective actions through an upgrade of ``EASy''
Avionics software. Pending the availability in service of these
upgrades, DA issued an Aircraft Flight Manual (AFM) amendment and a
Master Minimum Equipment List (MMEL) amendment, related to dispatch
with a Traffic Collision Avoidance System (TCAS) or Enhanced Ground
Proximity Warning System (EGPWS).
For the reasons described above, this [EASA] AD requires
amendment of the applicable AFM and MMEL [and includes an optional
terminating action].
This [EASA] AD is considered an interim measure and further AD
action may follow.

Although the MCAI requires updating the MMEL, this AD requires
revising the MEL. The MMEL is a master list of the minimum equipment
with which the airplane can operate under given circumstances. A MEL is
derived from the MMEL and is tailored for individual operators. The
optional terminating action is updating the aircraft avionics software
to the latest EASy II version. You may examine the MCAI on the internet
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2017-1250.

Related Service Information Under 1 CFR Part 51

Dassault Aviation has issued the following service information.
The following service information describes procedures for updating
the aircraft avionics software to the latest EASy II version. These
documents are distinct since they apply to different airplane models in
different configurations.

Dassault Service Bulletin F7X-322, dated October 24, 2017.
Dassault Service Bulletin F900EX-422, dated September 22,
2017.
Dassault Service Bulletin F900EX-423, dated December 9,
2016.
Dassault Service Bulletin F2000EX-322, Revision 1, dated
June 21, 2017.
Dassault Service Bulletin F2000EX-323, dated July 13,
2017.
The following service information describes MMEL dispatch
restrictions for TCAS and EGPWS. These documents are distinct since
they apply to different airplane models.
Dassault Falcon 7X/8X, MMEL-CP0205-PUB-F7X, ``TCAS & EGPWS
limitations without CCD correction,'' Revision 1, dated September 1,
2016, to the Dispatch Assistance CD-ROM Pub. 781.
Dassault Falcon 900EX EASy, MMEL-CP0205-PUB-F900EX EASy,
``TCAS & EGPWS limitations without CCD correction,'' Revision 1, dated
September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 617.
Dassault Falcon 2000EX EASy, MMEL-CP0205-PUB-F2000EX EASy,
``TCAS & EGWPS limitation without CCD correction,'' Revision 1, dated
September 1, 2016, to the Dispatch Assistance CD-ROM Pub. 682.
This service information 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 AD

This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
unexpected changes to barometric settings could lead to an incorrect
flight altitude and ultimately adversely affect the airplane's
continued safe flight and landing. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-1250; Product
Identifier 2017-NM-174-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

We estimate that this AD affects 320 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

Estimated Costs

Estimated Costs for Optional Actions

According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
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.
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

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.

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 adding the following new airworthiness
directive (AD):