Airworthiness Directives; Dassault Aviation Airplanes, 67572-67575 [2024-18484]
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Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Proposed Rules
(3) Prepare and make available all
procedures and instructions for
continued airworthiness necessary to
maintain security protections in
accordance with appendix A to this
part.
■ 7. In appendix A, under the heading
a33.3, add paragraph (a)(10) to read as
follows:
maintain information security protections as
required by § 35.23(f).
Appendix A to Part 33—Instructions for
Continued Airworthiness
[FR Doc. 2024–17916 Filed 8–20–24; 8:45 am]
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a33.3
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Issued under authority provided by 49
U.S.C. 106(f) and 44701(a), and 44703 in
Washington, DC.
Wesley L. Mooty,
Acting Executive Director, Aircraft
Certification Service.
content
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DEPARTMENT OF TRANSPORTATION
(a) * * *
(10) Procedures and instructions for
transfer of engine control software,
monitoring software, and data between
aircraft, engines, and ground systems to
maintain information security protections as
required by § 33.28(n).
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2022; Project
Identifier MCAI–2024–00189–T]
RIN 2120–AA64
PART 35—AIRWORTHINESS
STANDARDS: PROPELLERS
Airworthiness Directives; Dassault
Aviation Airplanes
8. The authority citation for part 35
continues to read as follows:
AGENCY:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44704.
9. In § 35.23, add paragraph (f) to read
as follows:
■
§ 35.23
Propeller control system.
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(f) Propeller control, monitoring and
auxiliary equipment, systems, and
networks—considered separately and in
relation to other systems—must be
protected from intentional unauthorized
electronic interactions that may result in
adverse effects on the safety of the
propeller or the aircraft. The applicant
must—
(1) Identify and assess the security
risks from all intentional unauthorized
electronic interactions.
(2) Mitigate such security risks as
necessary for safety, functionality, and
continued airworthiness.
(3) Prepare and make available all
procedures and instructions for
continued airworthiness necessary to
maintain security protections in
accordance with appendix A to this
part.
■ 10. In appendix A, under the heading
a35.3, add paragraph (a)(10) to read as
follows:
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BILLING CODE 4910–13–P
Appendix A to Part 35—Instructions for
Continued Airworthiness
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a35.3 content
(a) * * *
(10) Procedures and instructions for
transfer of propeller control software,
monitoring software, and data between
aircraft, propellers, and ground systems to
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Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Dassault Aviation Model
FALCON 7X, FALCON 900EX, and
FALCON 2000EX airplanes. This
proposed AD was prompted by reported
occurrences of swelling of the lithiumpolymer internal and external batteries
of certain electronic display units
(EDUs). This proposed AD would
require modifying certain EDUs and
would prohibit the installation of
affected parts, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). 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 October 7, 2024.
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
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.
SUMMARY:
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AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2022; 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.
Material Incorporated by Reference:
• For EASA material identified in this
proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2024–2022.
• 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.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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 the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2022; Project
Identifier MCAI–2024–00189–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
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.
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Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Proposed Rules
runaway of a battery, possibly resulting
in in the release of heat, smoke, fire, and
explosion in the cockpit.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–2022.
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,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; 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 2024–0072,
dated March 15, 2024 (EASA AD 2024–
0072) (also referred to as the MCAI), to
correct an unsafe condition for certain
Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX
airplanes. The MCAI states that
occurrences were reported of swelling of
the lithium-polymer internal and
external batteries of CMA–1310 EDU
having part number (P/N) 100–604073–
000, with a mod-status between 2 and
6 (inclusive). The swelling occurs due to
a high inrush charge and discharge
current stress condition applied on a
deeply discharged lithium-polymer
battery. The FAA is proposing this AD
to prevent internal and external battery
swelling. This condition, if not
corrected, could lead to the thermal
Material Incorporated by Reference
Under 1 CFR Part 51
EASA AD 2024–0072 specifies
procedures for modifying CMA–1310
EDUs having P/N 100–604073–000 and
with current mod-status between 2 and
6 (inclusive) to a mod-status 7 or higher,
including a visual inspection of the
external removable battery for defects
(swelling) and replacement of any
defective external removable battery
with a new external removable battery,
and updating the BIOS/EC firmware.
EASA AD 2024–0072 prohibits the
installation of CMA–1310 EDU having
P/N 100–604073–000 and with a modstatus between 2 and 6 (inclusive) on
any airplane.
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 ADDRESSES.
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
67573
EASA AD 2024–0072 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
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 2024–0072 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2024–0072
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 2024–0072 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 2024–0072.
Service information required by EASA
AD 2024–0072 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–2022 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 719
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on
U.S. operators
Labor cost
Parts cost
Cost per product
Up to 4 work-hours × $85 per hour = $340 ................................
$20,840
Up to $21,180 ..........................
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
Up to $15,228,420.
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Actions
Labor cost
Parts cost
Cost per
product
Replace one external battery ............
1 work-hour × $85 per hour = $85 ..............................................................
$430
$515
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Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Proposed Rules
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
■
Authority for This Rulemaking
§ 39.13
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.
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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:
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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.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Dassault Aviation: Docket No. FAA–2024–
2022; Project Identifier MCAI–2024–
00189–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 7,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 7X, FALCON 900EX, and
FALCON 2000EX airplanes, certificated in
any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2024–0072, dated March 15, 2024 (EASA AD
2024–0072).
Note 1 to paragraph (c): Model FALCON
7X airplanes with modification M1000
incorporated are commonly referred to as
‘‘Model FALCON 8X’’ airplanes as a
marketing designation.
Note 2 to paragraph (c): Model FALCON
900EX airplanes with modification M3083
incorporated are commonly referred to as
‘‘Model FALCON 900EX Easy, FALCON
900LX and FALCON 900DX’’ airplanes as a
marketing designation.
Note 3 to paragraph (c): Model FALCON
2000EX airplanes with modification M1691
incorporated are commonly referred to as
‘‘Model FALCON 2000EX Easy, FALCON
2000LX, FALCON 2000LXS, FALCON 2000S,
and FALCON 2000DX’’ airplanes as a
marketing designation.
(d) Subject
Air Transport Association (ATA) of
America Code 46, Information systems.
(e) Unsafe Condition
This AD was prompted by reported
occurrences of swelling of the lithiumpolymer internal and external batteries of
CMA–1310 electronic display units (EDUs)
having part number (P/N) 100–604073–000,
with a mod-status between 2 and 6
(inclusive). The FAA is proposing this AD to
prevent internal and external battery
swelling. The unsafe condition, if not
addressed, could lead to the thermal runaway
of a battery, possibly resulting in the release
of heat, smoke, fire, and explosion in the
cockpit.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(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 2024–0072.
(h) Exceptions to EASA AD 2024–0072
(1) Where EASA AD 2024–0072 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Paragraph (1) of EASA AD 2024–0072
specifies to ‘‘replace each affected part with
a serviceable part. This can be accomplished
in accordance with the instructions of the
SB.’’ This AD, however, requires replacing
that text with ‘‘replace each affected part
with a serviceable part in accordance with
the Accomplishment Instructions of the SB.’’
(3) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0072.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, 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 manager of the International Validation
Branch, mail it to the address identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-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, 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 DOAauthorized signature.
(j) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3226; email: tom.rodriguez@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0072, dated March 15,
2024.
(ii) [Reserved]
(3) For EASA AD 2024–0072 identified in
this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; website easa.europa.eu. You
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Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Proposed Rules
may find this EASA AD on the EASA website
at 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 at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on August 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–18484 Filed 8–20–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2025; Project
Identifier MCAI–2024–00120–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A321–251NX,
–252NX, –253NX, –271NX, and –272NX
airplanes. This proposed AD was
prompted by the discovery during a
quality review performed during
manufacturing, that a torque strip
indicator (material ‘‘Dykem’’) had been
applied on the orifice fitting on certain
slides’ inflation reservoirs’ venting
holes. This proposed AD would require
an inspection for discrepancies of
affected parts (certain reservoirs having
certain orifices) and replacement of
discrepant affected parts, and would
prohibit installing affected parts, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
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SUMMARY:
The FAA must receive comments
on this proposed AD by October 7, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
DATES:
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• Federal eRulemaking Portal: Go to
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.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2025; 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.
Material Incorporated by Reference:
• For EASA material identified in this
proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2024–2025.
• 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.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 206–231–3667; email
timothy.p.dowling@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 the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2025; Project
Identifier MCAI–2024–00120–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
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67575
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
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 Timothy Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 206–231–3667;
email timothy.p.dowling@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 2024–0057,
dated February 28, 2024 (EASA AD
2024–0057) (also referred to as the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A321–251NX,
–252NX, –253NX, –271NX, and –272NX
airplanes. The MCAI states that during
a quality review performed during
manufacturing, a quality escape was
identified on the Model A321NX door 3
slide and offwing slide inflation
reservoirs’ venting holes, where a torque
strip indicator (material ‘‘Dykem’’) has
been applied on the orifice fitting
(clogging the vent hole). This condition,
in combination with a slide reservoir
pressure loss, if not detected and
corrected, could lead to deployment in
flight of a non-inflated slide, possibly
resulting in damage to, and reduced
control of, the airplane.
The FAA is proposing this AD to
address the unsafe condition on these
products.
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Agencies
[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Proposed Rules]
[Pages 67572-67575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18484]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2022; Project Identifier MCAI-2024-00189-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 certain Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON
2000EX airplanes. This proposed AD was prompted by reported occurrences
of swelling of the lithium-polymer internal and external batteries of
certain electronic display units (EDUs). This proposed AD would require
modifying certain EDUs and would prohibit the installation of affected
parts, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation by reference (IBR). 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 October 7,
2024.
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2022; 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.
Material Incorporated by Reference:
For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2024-2022.
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.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3226; email: [email protected].
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 the ADDRESSES section. Include ``Docket No. FAA-2024-2022;
Project Identifier MCAI-2024-00189-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
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.
[[Page 67573]]
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, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 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 AD 2024-0072, dated March 15, 2024
(EASA AD 2024-0072) (also referred to as the MCAI), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X, FALCON
900EX, and FALCON 2000EX airplanes. The MCAI states that occurrences
were reported of swelling of the lithium-polymer internal and external
batteries of CMA-1310 EDU having part number (P/N) 100-604073-000, with
a mod-status between 2 and 6 (inclusive). The swelling occurs due to a
high inrush charge and discharge current stress condition applied on a
deeply discharged lithium-polymer battery. The FAA is proposing this AD
to prevent internal and external battery swelling. This condition, if
not corrected, could lead to the thermal runaway of a battery, possibly
resulting in in the release of heat, smoke, fire, and explosion in the
cockpit.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2022.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0072 specifies procedures for modifying CMA-1310 EDUs
having P/N 100-604073-000 and with current mod-status between 2 and 6
(inclusive) to a mod-status 7 or higher, including a visual inspection
of the external removable battery for defects (swelling) and
replacement of any defective external removable battery with a new
external removable battery, and updating the BIOS/EC firmware. EASA AD
2024-0072 prohibits the installation of CMA-1310 EDU having P/N 100-
604073-000 and with a mod-status between 2 and 6 (inclusive) on any
airplane.
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 ADDRESSES.
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 2024-0072 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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 2024-0072 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0072 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 2024-0072 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 2024-
0072. Service information required by EASA AD 2024-0072 for compliance
will be available at regulations.gov under Docket No. FAA-2024-2022
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 719 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 4 work-hours x $85 per hour = $340 $20,840 Up to $21,180.............. Up to $15,228,420.
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The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Actions Labor cost Parts cost product
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Replace one external battery................ 1 work-hour x $85 per hour = $85... $430 $515
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[[Page 67574]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.
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
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:
Dassault Aviation: Docket No. FAA-2024-2022; Project Identifier
MCAI-2024-00189-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X, FALCON
900EX, and FALCON 2000EX airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2024-
0072, dated March 15, 2024 (EASA AD 2024-0072).
Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.
Note 2 to paragraph (c): Model FALCON 900EX airplanes with
modification M3083 incorporated are commonly referred to as ``Model
FALCON 900EX Easy, FALCON 900LX and FALCON 900DX'' airplanes as a
marketing designation.
Note 3 to paragraph (c): Model FALCON 2000EX airplanes with
modification M1691 incorporated are commonly referred to as ``Model
FALCON 2000EX Easy, FALCON 2000LX, FALCON 2000LXS, FALCON 2000S, and
FALCON 2000DX'' airplanes as a marketing designation.
(d) Subject
Air Transport Association (ATA) of America Code 46, Information
systems.
(e) Unsafe Condition
This AD was prompted by reported occurrences of swelling of the
lithium-polymer internal and external batteries of CMA-1310
electronic display units (EDUs) having part number (P/N) 100-604073-
000, with a mod-status between 2 and 6 (inclusive). The FAA is
proposing this AD to prevent internal and external battery swelling.
The unsafe condition, if not addressed, could lead to the thermal
runaway of a battery, possibly resulting in the release of heat,
smoke, fire, and explosion in the cockpit.
(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 2024-0072.
(h) Exceptions to EASA AD 2024-0072
(1) Where EASA AD 2024-0072 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (1) of EASA AD 2024-0072 specifies to ``replace
each affected part with a serviceable part. This can be accomplished
in accordance with the instructions of the SB.'' This AD, however,
requires replacing that text with ``replace each affected part with
a serviceable part in accordance with the Accomplishment
Instructions of the SB.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0072.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) 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, 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.
(j) Additional Information
For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3226; email:
[email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0072,
dated March 15, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0072 identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You
[[Page 67575]]
may find this EASA AD on the EASA website at 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on August 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-18484 Filed 8-20-24; 8:45 am]
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