DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0852; Project Identifier MCAI-2020-01179-T;
Amendment 39-21257; AD 2020-20-01]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON
2000EX airplanes. This AD was prompted by reports of primary display
unit (PDU) data flickering on airplanes equipped with EASy software.
This AD requires amending the applicable Dassault airplane flight
manual (AFM) to incorporate the applicable AFM change project (CP), 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 becomes effective October 21, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 21,
2020.
The FAA must receive comments on this AD by November 20, 2020.

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 https://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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu; 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 IBR 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 on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0852.

Examining the AD Docket

You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-
0852; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226;
email tom.rodriguez@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0181, dated August 13, 2020
(``EASA AD 2020-0181'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Dassault Aviation Model FALCON 7X, FALCON 900EX,
and FALCON 2000EX airplanes. This AD was prompted by reports of PDU
data flickering on airplanes equipped with EASy software and the
possibility of losing information on all flightdeck PDUs. Data
flickering or loss of all flightdeck PDUs could lead to total loss of
control of the airplane due to erroneous information or lack of
information presented to the pilot. The FAA is issuing this AD to
address PDU data flickering and the possibility of total loss of
information on all flightdeck PDUs, which could result in excessive
workload for pilots and the inability of the pilot to perform
communications and navigation of the airplane, leading to loss of
control of the airplane. See the MCAI for additional background
information.

Related IBR Material Under 1 CFR Part 51

EASA AD 2020-0181 describes procedures for amending the AFM with
the applicable CP emergency and abnormal procedures to address PDU
failure and flickering.
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

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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Requirements of This AD

This AD requires accomplishing the actions specified in the service
information described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0181
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0181 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD 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 the
EASA AD. Service information specified in AD 2020-0181 that is required
for compliance with EASA AD 2020-0181 is available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0852.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because PDU primary flight data flickering may lead to erroneous
information on other PDUs with the possibility of total loss of
information on all flightdeck PDUs, which could result in pilot's
excessive workload and the inability of the pilot to perform
communications and navigation of the airplane, leading to loss of
control of the airplane. In addition, the compliance time for the
required action is shorter than the time necessary for the public to
comment and for publication of the final rule. Therefore, the FAA finds
good cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this final rule. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0852; and Project Identifier MCAI-2020-01179-T'' at the beginning
of your comments. The most helpful comments reference a specific
portion of the final rule, 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 this final rule 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 the FAA 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206 231 3226; email tom.rodriguez@faa.gov. Any
commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Regulatory Flexibility Act (RFA)

The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 409 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

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

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):