DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0390; Project Identifier MCAI-2021-00968-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Dassault Aviation Model FALCON 7X airplanes. This proposed AD
was prompted by a report of a weak point identified in the Falcon 7X
`EASy' avionics architecture, which, coupled with theoretical generic
input/output (I/O) card failure, could lead to misleading data on
display units. This proposed AD would require revising the existing
airplane flight manual (AFM) to provide emergency procedures for
inconsistent or unreliable flight data and emergency and abnormal
operations procedures for the GEN I/O internal module failure, and
revising the operator's existing FAA-approved minimum equipment list
(MEL) items for the multi-function probe heating, air data, and
inertial reference systems, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. This proposed AD would also require revising the existing
AFM to incorporate additional information in the emergency procedures.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by May 20,
2022.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact 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 material on the EASA website at
https://ad.easa.europa.eu. You may view this 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 at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0390.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0390; 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 NPRM, the
mandatory continuing airworthiness information (MCAI), 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, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email
Tom.Rodriguez@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0390; Project Identifier
MCAI-2021-00968-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 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.

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0197, dated August 23, 2021
(EASA AD 2021-0197) (also referred to as the MCAI), to correct an
unsafe condition for all Dassault Aviation Model FALCON 7X airplanes.
The FAA notes that Model FALCON 7X airplanes with Dassault modification
M1000 incorporated are commonly referred to as ``Model FALCON 8X'' as a
marketing designation. This proposed AD was prompted by a report of a
weak point identified in the Falcon 7X `EASy' avionics architecture,
which, coupled with theoretical generic I/O card failure, could lead to
misleading data on display units. The FAA is proposing this AD to
address this condition, which could reduce safety margins and lead to
increased pilot workload, and consequent reduced controllability of the
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

EASA AD 2021-0197 specifies procedures for revising the existing
AFM to provide emergency procedures for inconsistent or unreliable
flight data and emergency and abnormal operations procedures for the
GEN I/O internal module failure, revising the operator's existing MEL
for the air data and inertial reference systems, and revising the
operating suitability manual. 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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0197 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD,
and except as discussed under ``Differences Between this Proposed AD
and the MCAI.'' This proposed AD also requires revising the existing
AFM to incorporate additional information in the emergency procedures.

Difference Between This Proposed AD and the MCAI

EASA AD 2021-0197 requires operators to ``inform all flight crews,
and, thereafter, ensure that each pilot has performed the training and
operate the aeroplane accordingly'' for the AFM amendment, master
minimum equipment list (MMEL) implementation, and Operational
Suitability Manual-Flight Crew (OSM-FC) implementation required by that
EASA AD. However, this proposed AD would not specifically require those
actions for the reasons specified below:
For the AFM amendment: This proposed AD would not specifically
require the ``inform all flight crews, and, thereafter, ensure that
each pilot has performed the training and operate the aeroplane
accordingly'' actions as those actions are already required by FAA
regulations for the AFM. FAA regulations require operators furnish to
pilots any changes to the AFM (for example, 14 CFR 135.81(c)), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505(a)). FAA regulations also require pilots to follow the
procedures in the existing AFM including all updates. 14 CFR 91.9
requires that any person operating a civil aircraft must comply with
the operating limitations specified in the AFM. Therefore, including a
requirement in this proposed AD to operate the airplane according to
the revised AFM would be redundant and unnecessary.
For the MMEL implementation: FAA regulations (14 CFR 91.213(a)(4))
require operators to provide pilots with access to all of the
information contained in the operator's existing FAA-approved MEL.
Compliance with such a requirement (``inform all flight crews, and,
thereafter, ensure that each pilot has performed the training and
operate the aeroplane accordingly'') for the
MMEL in an AD would be impracticable to demonstrate or track on an
ongoing basis; therefore, a requirement to operate the airplane in such
a manner would be unenforceable.
For the OSM-FC implementation: This proposed AD would not
specifically require the ``inform all flight crews, and, thereafter,
ensure that each pilot has performed the training and operate the
aeroplane accordingly'' actions as this proposed AD would not require
implementing the Dassault Falcon 7X Falcon 8X OSM-FC, DGT148654,
Revision 6, dated July 2, 2021 (Dassault Falcon 7X Falcon 8X OSM-FC,
Revision 6). Paragraph (4) of the EASA AD 2021-0197 does not apply to
this proposed AD because Dassault Falcon 7X Falcon 8X OSM-FC, Revision
6, is not an FAA-approved document and therefore operators might not
have that document as part of their training program. The FAA reviewed
the actions in Dassault Falcon 7X Falcon 8X OSM-FC, Revision 6, and
determined the information for Tp-118-EZII of the OSM-FC is necessary
for flightcrew awareness and therefore must be included in the AFM. The
FAA has included paragraph (i) in this proposed AD to require revising
the existing AFM, as applicable, to incorporate the information for Tp-
118-EZII of the OSM-FC, specified in figure 1 to paragraph (i) of this
proposed AD, after sub-sub-section 2-200-70, ADS with IRS miscompare,
of sub-section 2-200, Emergency Procedures, of Section 2--Emergency
Procedures.

Explanation of Required Compliance Information

In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0197 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0197 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0197 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 EASA AD 2021-
0197. Service information required by EASA AD 2021-0197 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0390 after the FAA final rule is
published.

Interim Action

The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

The FAA estimates that this proposed AD would affect 121 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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: