AD 2020-05-10

The FAA is adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a report of an incorrect version of EASy ''Top-Level System'' operational software installed in the avionics system due to use of an improper CD-ROM. This AD requires ensuring that the correct versions of the operational software and CD-ROM are installed, and doing corrective action if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

Final rule; request for comments.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): \n\n2020-05-10 Dassault Aviation: Amendment 39-19859; Docket No. FAA- 2020-0198; Product Identifier 2020-NM-018-AD. \n\n(a) Effective Date \n\n\n\tThis AD becomes effective March 26, 2020. \n\n(b) Affected ADs \n\n\n\tNone. \n\n(c) Applicability \n\n\n\tThis AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2020-0014, dated January 29, 2020 (''EASA AD 2020-0014''). \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 34, Navigation. \n\n(e) Reason \n\n\n\tThis AD was prompted by a report of an incorrect version of EASy ''Top-Level System'' operational software installed in the avionics system due to use of an improper CD-ROM. The FAA is issuing this AD to address misleading information and erroneous guidance affecting the functional capabilities of the avionics system, which could result in reduced control of the airplane. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Requirements \n\n\n\tExcept as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2020-0014. \n\n(h) Exceptions to EASA AD 2020-0014 \n\n\n\t(1) Where EASA AD 2020-0014 refers to its effective date, this AD requires using the effective date of this AD. \n\t(2) The ''Remarks'' section of EASA AD 2020-0014 does not apply to this AD. \n\n(i) No Reporting Requirement \n\n\n\tAlthough the service information referenced in EASA AD 2020-0014 specifies to submit certain information and send a ''wrong CD-ROM'' to the manufacturer, this AD does not include that requirement. \n\n(j) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards 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 International Section, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. \n\t(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 Section, Transport Standards 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. \n\n(k) Related Information \n\n\n\tFor more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; email tom.rodriguez@faa.gov. \n\n(l) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(i) European Union Aviation Safety Agency (EASA) AD 2020-0014, dated January 29, 2020. \n\t(ii) (Reserved) \n\t(3) For information about EASA AD 2020-0014, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; 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. \n\t(4) You may view this material at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA- 2020-0198. \n\t(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 fedreg.legal@nara.gov,or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. \n\n\n\tIssued on March 2, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2020-04999 Filed 3-6-20; 4:15 pm) \n\tBILLING CODE 4910-13-P

Discussion \n\n\n\tThe EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0014, dated January 29, 2020 (''EASA AD 2020-0014'') (also referred to as the Mandatory Continuing Airworthiness Information, or ''the MCAI''), to correct an unsafe condition for certain Dassault Aviation Model FALCON 7X airplanes. \n\tThis AD was prompted by a report of an incorrect version of EASy ''Top-Level System'' operational software loaded into the avionics system due to the use of an improper CD-ROM. The FAA is issuing this AD to address misleading information and erroneous guidance affecting the functional capabilities of the avionics system, which could result in reduced control of the airplane. See the MCAI for additional background information. \n\nRelated IBR Material Under 1 CFR Part 51 \n\n\n\tEASA AD 2020-0014 describes procedures for ensuring that correct versions of EASy ''Top-Level System'' operational software and CD-ROM are installed. EASA AD 2020-0014 also describes procedures for applicable corrective actions, which include amending the applicable airplane flight manual (AFM) to limit the use of the software during descent, and installing the correct version of the operational software and CD-ROM, which eliminates the need for the AFM revision. \n\tThis 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. \n\nFAA's Determination \n\n\n\tThis product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to a bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the agency evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. \n\nRequirements of This AD \n\n\n\tThis AD requires accomplishing the actions specified in the service information described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. \n\n((Page 14144)) \n\nExplanation of Required Compliance Information \n\n\n\tIn the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA initially worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, EASA AD 2020-0014 is incorporated by reference in this final rule. This AD, therefore, requires compliance with EASA AD 2020-0014 in its entirety, through that incorporation, except for any differences identified as exceptions in theregulatory text of this AD. Using common terms that are the same as the heading of a particular section in the EASA AD does not mean that operators need comply only with that section. For example, where the AD requirement refers to ''all required actions and compliance times,'' compliance with this AD requirement is not limited to the section titled ''Required Action(s) and Compliance Time(s)'' in the EASA AD. Service information specified in EASA AD 2020-0014 that is required for compliance with EASA AD 2020-0014 is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-0198. \n\nFAA's Justification and Determination of the Effective Date \n\n\n\tAn unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because misleading information and erroneous guidance affecting the functional capabilities of the avionics system could result in reduced control of the airplane. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days. \n\nRegulatory Flexibility Act (RFA) \n\n\n\tThe 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. \n\nComments Invited \n\n\n\tThis AD is a final rule that involves requirements affecting flight safety, and the FAA did not precede it by notice and opportunity for public comment. The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ''Docket No. FAA-2020-0198; Product Identifier 2020-NM-018-AD'' at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this AD. The FAA will consider all comments received by the closing date and may amend this AD based on those comments. \n\tThe FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about this AD. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 59 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- \n\tCost per Cost on U.S. \n\tLabor costParts cost product operators ---------------------------------------------------------------------------------------------------------------- 1 work-hour x $85 per hour = $85............................. $0 $85 $5,015 ---------------------------------------------------------------------------------------------------------------- \n\n\n\tThe 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: \n\n\n\tEstimated Costs of On-Condition Actions ------------------------------------------------------------------------ \n\tCost per \n\tLabor cost Parts cost product ------------------------------------------------------------------------ Up to 7 work-hours x $85 per hour = $0 $595 \n\t$595................................. ------------------------------------------------------------------------ \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. \n\nRegulatory Findings \n\n\n\tThe FAA has determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: \n\n((Page 14145)) \n\n\n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, and \n\t(2) Will not affect intrastate aviation in Alaska. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.