DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0790; Project Identifier MCAI-2021-01007-T;
Amendment 39-21738; AD 2021-19-20]
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)
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
report of defects on the piston hole associated with the O2
saver feature that may prevent efficient deactivation of the
O2 saver function. This AD requires amending the existing
airplane flight manual (AFM) to incorporate a check and an operating
limitation regarding the O2 saver function, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective September 16, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of September
The FAA must receive comments on this AD by November 1, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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
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 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.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0790; 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, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226;
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0790; Project Identifier MCAI-
2021-01007-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, FAA,
International Validation Branch, 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.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0202-E, dated
September 9, 2021 (EASA Emergency AD 2021-0202-E) (also referred to as
the MCAI), to correct an unsafe condition for all Dassault Aviation
Model FALCON 7X airplanes. EASA subsequently issued EASA AD 2021-
0202R1, dated September 10, 2021 (EASA AD 2021-0202R1) to address an
incorrect reference to a non-existing part number within the definition
of the affected part.
This AD was prompted by a report of plastic molding burrs and
defects found on the piston hole associated with the O2
saver feature during production of certain SAFRAN flightcrew oxygen
masks. The O2 saver function allows the flightcrew to wear
the oxygen mask with limited oxygen consumption to save oxygen by
delivering it only when needed, either automatically in case of
depressurization, or manually by switching the 100% or EMERG mode
button. Defects on the piston hole may prevent efficient deactivation
of the O2 saver function. The FAA is issuing this AD to
address this condition, which could lead to inadequate oxygen supply to
the flightcrew in case of decompression of the airplane or smoke or
fire in the flight deck. See the MCAI for additional background
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0202R1 specifies procedures for amending the existing
AFM to incorporate a specific check to ensure that the O2
saver function is not activated and an operating limitation to prevent
use of the O2 saver function. EASA AD 2021-0202R1 also
limits the installation of affected parts under certain conditions.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously 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 AD
2021-0202R1 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
EASA AD 2021-0202R1 requires operators to ``inform all flight
crews'' of amendments to the AFM, and thereafter to ``operate the
aeroplane accordingly.'' However, this AD does not specifically require
those actions as they are already required by FAA regulations. FAA
regulations require operators furnish to pilots any changes to the AFM
(e.g., 14 CFR 121.137), and to ensure that pilots are familiar with the
AFM (e.g., 14 CFR 91.505). As with any other training requirement,
training on the updated AFM content is tracked by the operators and
recorded in each pilot's training record, which is available for the
FAA to review. FAA regulations also require pilots to follow the
procedures in the existing AFM including all updates. 14 CFR 91.9
requires that no person may operate a civil aircraft without complying
with the operating limitations specified in the AFM. Therefore,
including a requirement in this AD to operate the airplane according to
the amended AFM would be redundant and unnecessary.
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,
EASA AD 2021-0202R1 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0202R1 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 EASA AD 2021-0202R1 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 2021-0202R1. Service information required by EASA AD 2021-
0202R1 for compliance will be available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0790 after this AD is
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
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 failure to deactivate the O2 saver function could lead to inadequate
oxygen supply to the flightcrew in case of decompression of the airplane
smoke or fire in the flight deck. Accordingly, notice and opportunity
public comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
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 20 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|1 work-hour x $85 per hour =
Up to $1,700
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.
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
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