Airworthiness Directives; Dassault Aviation Airplanes, 51604-51607 [2021-20126]
Download as PDF
<![CDATA[
51604
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
prohibited from further flight due to a crack
finding as a result of paragraph (g) of this AD.
This ferry flight must be performed without
passengers, involve non-ETOPS operation,
and consume no more than three FCs.
Issued on August 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
(l) Alternative Methods of Compliance
(AMOCs)
[FR Doc. 2021–19982 Filed 9–15–21; 8:45 am]
BILLING CODE 4910–13–P
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in Related Information. You may
email your request to: ANE-AD-AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(m) Related Information
(1) For more information about this AD,
contact Kevin Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7088; fax: (781) 238–7199; email:
kevin.m.clark@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2020–0240, dated
November 5, 2020, for more information. You
may examine the EASA AD in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2021–0306.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Rolls-Royce Alert Non-Modification
Service Bulletin Trent 1000 72–AK313,
Revision 1, dated August 22, 2019.
(ii) Rolls-Royce Alert Service Bulletin
Trent 1000 72–AK430, Initial Issue, dated
August 17, 2020.
(3) For Rolls-Royce service information
identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31,
Derby, DE24 8BJ, United Kingdom; phone:
+44 (0)1332 242424; fax: +44 (0)1332 249936;
website: https://www.rolls-royce.com/
contact-us.aspx.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
VerDate Sep<11>2014
16:05 Sep 15, 2021
Jkt 253001
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]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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 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 16, 2021.
The FAA must receive comments on
this AD by November 1, 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.
• 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
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact EASA, KonradAdenauer-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.
FAA–2021–0790.
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 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
and fax 206–231–3226; email
Tom.Rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
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
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
51605
summarizing each substantive verbal
contact received about this final rule.
or fire in the flight deck. See the MCAI
for additional background information.
Explanation of Required Compliance
Information
Confidential Business Information
Related Service Information Under 1
CFR Part 51
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
published.
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.
Background
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
VerDate Sep<11>2014
16:05 Sep 15, 2021
Jkt 253001
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.
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 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.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Interim Action
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
E:\FR\FM\16SER1.SGM
16SER1
51606
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
saver function could lead to inadequate
oxygen supply to the flightcrew in case
of decompression of the airplane or
smoke or fire in the flight deck.
Accordingly, notice and opportunity for
prior 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 comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Regulatory Flexibility Act (RFA)
Costs of Compliance
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.
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
Labor cost
Cost per
product
Parts cost
1 work-hour × $85 per hour = $85 ............................................................
$0
Authority for This Rulemaking
The Amendment
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.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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.
16:05 Sep 15, 2021
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–19–20 Dassault Aviation:
Amendment 39–21738; Docket No.
FAA–2021–0790; Project Identifier
MCAI–2021–01007–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 16, 2021.
(b) Affected ADs
None.
Regulatory Findings
VerDate Sep<11>2014
PART 39—AIRWORTHINESS
DIRECTIVES
Jkt 253001
(c) Applicability
This AD applies to all Dassault Aviation
Model FALCON 7X airplanes, certificated in
any category.
Note 1 to paragraph (c): Model FALCON
7X airplanes with Dassault modification
M1000 incorporated are commonly referred
to as ‘‘Model FALCON 8X’’ as a marketing
designation.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by report of defects
on the piston hole associated with the O2
saver feature that 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.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Cost on U.S. operators
$85
Up to $1,700.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2021–0202R1,
dated September 10, 2021 (EASA AD 2021–
0202R1).
(h) Exceptions to EASA AD 2021–0202R1
(1) Where EASA AD 2021–0202R1 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Paragraph (1) of EASA AD 2021–
0202R1 specifies amending ‘‘the applicable
AFM [airplane flight manual],’’ but this AD
requires amending the applicable existing
AFM and applicable corresponding
operational procedures.
(3) Whereas paragraph (1) of EASA AD
2021–0202R1 requires operators to ‘‘inform
all flight crews’’ of the AFM amendments,
and thereafter to ‘‘operate the aeroplane
accordingly,’’ this AD does not specifically
require those actions as they are already
required by FAA regulations.
(4) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2021–0202R1.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to a location where
the actions can be performed, provided the
flight is nonpressurized.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(k) Related Information
For more information about this AD,
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; email Tom.Rodriguez@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0202R1, dated September
10, 2021.
(ii) [Reserved]
(3) For EASA AD 2021–0202R1, 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
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) 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.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–20126 Filed 9–14–21; 11:15 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:05 Sep 15, 2021
Jkt 253001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–0477; Airspace
Docket No. 21–AGL–10]
RIN 2120–AA66
Amendment of Class D and Class E
Airspace; Belleville, IL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the Class
D and Class E airspace at Scott AFB/
MidAmerica St. Louis Airport,
Belleville, IL. This action is due to the
results of a biennial airspace review.
The name of the airport is also being
updated to coincide with the FAA’s
aeronautical database.
DATES: Effective 0901 UTC, December 2,
2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order JO 7400.11F at NARA, email:
fr.inspection@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
51607
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends the
Class D airspace, the Class E airspace
area designated as an extension to Class
D airspace, and the Class E airspace
extending upward from 700 feet above
the surface at Scott AFB/MidAmerica
St. Louis Airport, Belleville, IL, to
support instrument flight rule
operations at this airport.
History
The FAA published a notice of
proposed rulemaking (NPRM) in the
Federal Register (86 FR 33586; June 25,
2021) for Docket No. FAA–2021–0477 to
amend the Class D and Class E airspace
at Scott AFB/MidAmerica St. Louis
Airport, Belleville, IL. Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal to the FAA.
No comments were received.
Class D and E airspace designations
are published in paragraph 5000, 6004,
and 6005, respectively, of FAA Order JO
7400.11F, dated August 10, 2021, and
effective September 15, 2021, which is
incorporated by reference in 14 CFR
71.1. The Class D and E airspace
designations listed in this document
will be published subsequently in the
order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order JO
7400.11F, Airspace Designations and
Reporting Points, dated August 10,
2021, and effective September 15, 2021.
FAA Order JO 7400.11F is publicly
available as listed in the ADDRESSES
section of this document. FAA Order JO
7400.11F lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
Differences From the NPRM
Subsequent to the publication of the
NPRM, the FAA discovered a
typographic error in the Class E airspace
extending upward from 700 feet above
the surface to at Scott AFB/MidAmerica
St. Louis Airport airspace legal
description. In the northeast extension,
the extension should extend from the
7.4-mile radius vice 4.9-mile.
Additionally, it was discovered that the
extension proposed to be added
southeast of the airport is captured by
another extension and is therefore not
required. As these changes do not affect
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51604-51607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20126]
-----------------------------------------------------------------------
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]
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 all
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
16, 2021.
The FAA must receive comments on this AD by November 1, 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.
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 incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; 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.
FAA-2021-0790.
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
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 and fax 206-231-3226;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
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
[[Page 51605]]
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 [email protected]. 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 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
information.
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.
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
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
published.
Interim Action
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
[[Page 51606]]
saver function could lead to inadequate oxygen supply to the flightcrew
in case of decompression of the airplane or smoke or fire in the flight
deck. Accordingly, notice and opportunity for prior 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
comment.
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
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............. $0 $85 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.
Regulatory Findings
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.
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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-19-20 Dassault Aviation: Amendment 39-21738; Docket No. FAA-
2021-0790; Project Identifier MCAI-2021-01007-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 16,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation Model FALCON 7X
airplanes, certificated in any category.
Note 1 to paragraph (c): Model FALCON 7X airplanes with Dassault
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' as a marketing designation.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by report of defects on the piston hole
associated with the O2 saver feature that 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.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0202R1, dated September 10, 2021 (EASA
AD 2021-0202R1).
(h) Exceptions to EASA AD 2021-0202R1
(1) Where EASA AD 2021-0202R1 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (1) of EASA AD 2021-0202R1 specifies amending
``the applicable AFM [airplane flight manual],'' but this AD
requires amending the applicable existing AFM and applicable
corresponding operational procedures.
(3) Whereas paragraph (1) of EASA AD 2021-0202R1 requires
operators to ``inform all flight crews'' of the AFM amendments, and
thereafter to ``operate the aeroplane accordingly,'' this AD does
not specifically require those actions as they are already required
by FAA regulations.
(4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0202R1.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions can be performed, provided the flight is nonpressurized.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person
[[Page 51607]]
identified in paragraph (k) of this AD. Information may be emailed
to: [email protected]. Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(k) Related Information
For more information about this AD, 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; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0202R1,
dated September 10, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0202R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) 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.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-20126 Filed 9-14-21; 11:15 am]
BILLING CODE 4910-13-P
