DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0024; Project Identifier MCAI-2021-00105-T;
Amendment 39-21421; AD 2021-03-18]
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 all
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
report of deviations concerning the assembly and overhaul of certain
crew oxygen mask stowage boxes, including incorrect application of a
certain thread-locker on the fitting sensor screws. This AD requires an
inspection of certain crew oxygen mask stowage boxes for discrepancies,
and replacement if necessary, 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 February 22, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 22,
The FAA must receive comments on this AD by March 22, 2021.
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.
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: Deliver to Mail address above 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-2021-0024.
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-2021-
0024; 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.
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;
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0036-E, dated January
25, 2021 (EASA Emergency AD 2021-0036-E) (also referred to as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for all Dassault Aviation Model FALCON 7X
This AD was prompted by a report of deviations concerning the
assembly and overhaul of certain crew oxygen mask stowage boxes,
including incorrect application of Loctite 222 thread-locker on the
fitting sensor screws. The FAA is issuing this AD to address such
deviations, which could lead to blocked oxygen supply flow to flight
deck crew oxygen masks. In combination with in-flight depressurization,
flight deck smoke, or a smoke evacuation procedure, this lack of oxygen
may lead to flightcrew hypoxia and loss of useful consciousness and
consequent loss of control of the airplane. See the MCAI for additional
Related Service Information Under 1 CFR Part 51
EASA Emergency AD 2021-0036-E describes procedures for an
inspection (test) of crew oxygen mask stowage boxes having part number
CSD30-005-X-X (`X' can represent any alphanumeric value) for
discrepancies (an inability to clearly hear oxygen flowing out of the
mask during a functional test or see that the yellow blinker on the
stowage box does not illuminate), and replacement.
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.
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 EASA
Emergency AD 2021-0036-E 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 Emergency AD
2021-0036-E is incorporated by reference in this final rule. This AD,
therefore, requires compliance with EASA Emergency AD 2021-0036-E 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 EASA
Emergency AD 2021-0036-E that is required for compliance with EASA
Emergency AD 2021-0036-E is available on the internet at
https://www.regulations.gov by searching for and locating Docket No. FAA-2021-0024.
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 waiving notice and comment prior to adoption of this rule
because deviations during the assembly and overhaul of certain crew
oxygen mask stowage boxes could lead to blocked oxygen supply flow to
flight deck crew oxygen masks, which, in combination with in-flight
depressurization, flight deck smoke, or a smoke evacuation procedure,
may lead to flightcrew hypoxia and loss of useful consciousness and
consequent 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.
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include "Docket No. FAA-2021-0024; Project Identifier MCAI-
2021-01005-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 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 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 email@example.com. 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 133 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
COST ON U.S.
|1 work-hours x $85 per hour = $85
The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
COST PER PRODUCT
|Up to 3 work-hours x $85 per hour = Up to $255 (per mask stowage box).
Up to $8,682.
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 operators. The FAA does not control warranty coverage for
affected operators. 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.
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
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