90 FR 149 pgs. 37810-37814 - Airworthiness Directives; Dassault Aviation Airplanes
Type: PRORULEVolume: 90Number: 149Pages: 37810 - 37814
Pages: 37810, 37811, 37812, 37813, 37814Docket number: [Docket No. FAA-2025-1729; Project Identifier MCAI-2024-00568-T]
FR document: [FR Doc. 2025-14932 Filed 8-5-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-1729; Project Identifier MCAI-2024-00568-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
The FAA proposes to supersede Airworthiness Directive (AD) 2022-12-10, which applies to certain Dassault Aviation Model FALCON 7X airplanes. AD 2022-12-10 requires revising the existing airplane flight manual (AFM) to provide emergency procedures for inconsistent or unreliable flight data, emergency and abnormal operations procedures for the generic input/output (GEN I/O) internal module failure, and emergency procedures for additional information. AD 2022-12-10 also requires revising the existing minimum equipment list (MEL) for the multi-function probe heating, air data, and inertial reference systems. Since the FAA issued AD 2022-12-10, the manufacturer developed modifications that fix a weak point in the avionics architecture. This proposed AD would continue to require the actions in AD 2022-12-10 and would remove certain airplanes from the applicability. This proposed AD would also require modification of the avionics system and related revisions to the existing AFM and MEL. 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 September 22, 2025.
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.
• 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-2025-1729; 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 European Union Aviation Safety Agency (EASA) material identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@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-2025-1729.
• 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:
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7301; email: 9-AVS-AIR-BACO-COS@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 using a method listed under the ADDRESSES section. Include "Docket No. FAA-2025-1729; Project Identifier MCAI-2024-00568-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
[top] 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
Background
The FAA issued AD 2022-12-10, Amendment 39-22082 (87 FR 45246, July 28, 2022) (AD 2022-12-10), for all Dassault Aviation Model FALCON 7X airplanes, except airplanes having Dassault modification M2091 embodied in production. AD 2022-12-10 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2021-0197, dated August 23, 2021 (EASA AD 2021-0197), to correct an unsafe condition on all Dassault Aviation Model FALCON 7X airplanes. EASA AD 2021-0197 states a weak point in the Falcon 7X "EASy" avionics architecture that, coupled with theoretical GEN I/O card failure, may lead to misleading data on display units.
AD 2022-12-10 requires revising the existing AFM to provide emergency procedures for inconsistent or unreliable flight data and emergency and abnormal operations procedures for the GEN I/O internal module failure and revising the operator's existing FAA-approved MEL items for the multi-function probe heating, air data, and inertial reference systems. AD 2022-12-10 also requires revising the existing AFM to incorporate additional information in the emergency procedures. The FAA issued AD 2022-12-10 to address misleading data on display units. The unsafe condition, if not addressed, could reduce safety margins and lead to increased pilot workload and consequent reduced controllability of the airplane.
Actions Since AD 2022-12-10 Was Issued
The preamble to AD 2022-12-10 specifies that the FAA considers that AD "interim action" and that the FAA might consider further rulemaking if a final action is identified. The manufacturer has since developed modifications ( i.e., software upgrades) that fix a weak point in the avionics architecture to address the unsafe condition. The FAA has determined that the modifications and related AFM and MEL revisions should be required.
Since the FAA issued AD 2022-12-10, EASA superseded EASA AD 2021-0197 with EASA AD 2022-0145, dated July 12, 2022 (EASA AD 2022-0145). EASA AD 2022-0145 was issued to retain the requirements of EASA AD 2021-0197, exclude airplanes on which Dassault modification M2091 was embodied in production, and require airplane serial numbers (S/Ns) 402 and subsequent with the "EASy III-2nd CERT" or "EASy III-3rd CERT" standard to upgrade the avionics architecture to the "EASY III-4th CERT" standard (modification M2091).
EASA AD 2022-0145, in turn, was superseded by EASA AD 2023-0003, dated January 6, 2023 (EASA AD 2023-0003). EASA AD 2023-0003 was issued to retain the requirements of EASA AD 2022-0145, exclude airplanes on which Dassault modification M2096 or M2097 was embodied in production, and require airplane S/Ns 2 through 400 inclusive to upgrade the avionics architecture to the "EASy II-5th CERT" standard (modification M2096 or M2097, as applicable).
EASA subsequently revised AD 2023-0003 with EASA AD 2023-0003R1, dated September 26, 2024 (EASA AD 2023-0003R1) (also referred to as the MCAI), to correct an unsafe condition for all Dassault Aviation Model FALCON 7X airplanes, except airplanes on which Dassault modification M2055, M2059, M2091, M2096, or M2097 was embodied in production. Since EASA AD 2023-0003 was issued, Dassault developed modifications M2055 (for airplane S/Ns 2 through 400 inclusive) and M2059 (for airplane S/Ns 402 and subsequent) that upgrade the avionics architecture to the "EASy IV" standard and issued Dassault Service Bulletin 7X-600, dated November 7, 2022; Dassault Service Bulletin 7X-601, April 24, 2023; and Dassault Service Bulletin 7X-602, June 3, 2023; as applicable, to provide in-service modification instructions. Accordingly, EASA AD 2023-0003R1 excludes airplanes on which modifications M2055 or M2059 was embodied in production and allows incorporation of those modifications in service as an optional method of compliance for modifications M2091, M2096, or M2097, as applicable.
The FAA is proposing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-1729.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the requirements of AD 2022-12-10, this proposed AD would retain all of the requirements of AD 2022-12-10. Those requirements are referenced in EASA AD 2023-0003R1, which, in turn, is referenced in paragraph (g) of this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0003R1 specifies revising the existing AFM to provide emergency procedures for inconsistent or unreliable flight data and emergency and abnormal operations procedures for the GEN I/O internal module failure; existing FAA-approved MEL items for the multi-function probe heating, air data, and inertial reference systems and modular avionic unit (MAU) #1B; and operational suitability manual-flight crew (OSM-FC). This material also specifies procedures for modifying the avionics system and incorporating related AFM and MEL revisions.
This material also describes optional procedures for modifying the avionics architecture to the "EASy IV" standard, revising the existing AFM to incorporate revision 6 or revision 25, as applicable, and revising the existing FAA-approved MEL to incorporate revision 16. Accomplishing the optional modification and AFM revision is an acceptable method of compliance for the applicable modification that upgrades the avionics architecture to "EASy III-4th CERT" or "EASy II-5th CERT" and related AFM revision. In addition, accomplishing the optional MEL revision is an acceptable method of compliance for the corresponding revisions to MEL items for the multi-function probe heating, air data, and inertial reference systems and MAU #1B.
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
[top] These products have been approved by the civil aviation authority of another country and are approved for operation
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in EASA AD 2023-0003R1 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. See "Differences Between This Proposed AD and the MCAI" for a discussion of the general differences included in this proposed AD.
Compliance With AFM and MEL Revisions
EASA AD 2023-0003R1 requires operators to "inform all flight crews" of revisions to the AFM and MEL, and thereafter to "operate the aeroplane accordingly." However, this proposed AD would not specifically require those actions as those actions are already required by FAA regulations. FAA regulations require that operators furnish to pilots any changes to the AFM (for example, 14 CFR 121.137) and to ensure the pilots are familiar with the AFM (for example, 14 CFR 91.505). As with any other flightcrew 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. Section 91.9 requires that any person operating a civil aircraft must comply with the operating limitations specified in the AFM. FAA regulations (14 CFR 121.628(a)(2)) require operators to provide pilots with access to all the information contained in the operator's MEL. Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated under all applicable conditions and limitations contained in the operator's MEL. Therefore, including a requirement in this proposed AD to operate the airplane according to the revised AFM and MEL would be redundant and unnecessary.
Differences Between This Proposed AD and the MCAI
EASA AD 2023-0003R1 requires operators to implement the instructions of Dassault Falcon 7X Falcon 8X OSM-FC DGT148654, Revision 6, dated July 2, 2021, or later approved revisions, and to inform all flightcrews of the AFM revision and ensure each pilot has performed the training and operates the airplane accordingly. This proposed AD would not require those specifics actions because the Dassault Falcon 7X Falcon 8X OSM-FC is not an FAA-approved document and therefore operators might not have that document as part of their training program. However, the FAA reviewed Dassault Falcon 7X Falcon 8X OSM-FC, Revision 6, and determined the information for Training Areas of Special Emphasis for Pilots (TASEp) Tp-118-EZII is necessary for flightcrew awareness and must be included in the AFM. Therefore, this proposed AD would require revising the Emergency Procedures section of the existing AFM to incorporate the information for TASEp Tp-118-EZII.
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 2023-0003R1 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023-0003R1 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 2023-0003R1 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 2023-0003R1. Material required by EASA AD 2023-0003R1 for compliance will be available at regulations.gov under Docket No. FAA-2025-1729 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would affect 160 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
| Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|---|
| Retained actions from AD 2022-12-10 (MEL and AFM revisions) | 2 work-hours × $85 per hour = $170 | $0 | $170 | $27,200 |
| New proposed actions (modification and AFM and MEL revisions) | 10 work-hours × $85 per hour = $850 | *?0 | 850 | 136,000 |
| *?The FAA has received no definitive data on which to base the cost estimates for the parts specified in this proposed AD. | ||||
| Labor cost | Parts cost | Cost per product |
|---|---|---|
| Up to 302 work-hours × $85 per hour = $25,670 | Up to $782,394 | $808,064 |
[top] According to the manufacturer, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed regulation:
(1) Is not a "significant regulatory action" under Executive Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39-AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(g), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by:
a. Removing Airworthiness Directive (AD) 2022-12-10, Amendment 39-22082 (87 FR 45246, July 28, 2022); and
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2025-1729; Project Identifier MCAI-2024-00568-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD) by September 22, 2025.
(b) Affected ADs
This AD replaces AD 2022-12-10, Amendment 39-22082 (87 FR 45246, July 28, 2022) (AD 2022-12-10).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2023-0003R1, dated September 26, 2024 (EASA AD 2023-0003R1).
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 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a report of a weak point identified in the Falcon 7X "EASy" avionics architecture, which, coupled with theoretical generic input/output (I/O) card failure, could lead to misleading data on display units and by development of modifications that fix that weak point in the avionics architecture. The FAA is issuing this AD to address misleading data on display units. The unsafe condition, if not addressed, could reduce safety margins and lead to increased pilot workload, possibly resulting in reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2023-0003R1.
(h) Exceptions to EASA AD 2023-0003R1
(1) Where EASA AD 2023-0003R1 refers to September 6, 2021 (the effective of EASA AD 2021-0197), this AD requires using September 1, 2022 (the effective date of AD 2022-12-10).
(2) Where EASA AD 2023-0003R1 refers to July 26, 2022 (the effective date of EASA AD 2022-0145, dated July 12, 2022), and January 20, 2023 (the effective date of EASA AD 2023-0003, dated January 6, 2023), this AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2023-0003R1 requires operators to "inform all flight crews, and, thereafter, ensure that each pilot has performed the training and operates the aeroplane accordingly," and paragraph (2.2) of EASA AD 2023-0003R1 requires operators to "inform all flight crews, and, thereafter, operate the aeroplane accordingly," this AD does not require those actions as those actions are already required by existing FAA operating regulations (see 14 CFR 91.9, 91.505, 121.137, and 121.628(a)(2) and (5)).
(4) Where paragraph (1.3) of EASA AD 2023-0003R1 specifies to "Implement the instructions of the MMEL-CP", this AD requires replacing that text with "Revise the operator's existing FAA-approved minimum equipment list (MEL) to incorporate that information ("the MMEL-CP" as specified in EASA AD 2023-0003R1)".
(5) Paragraph (1.4) of EASA AD 2023-0003R1 does not apply to this AD.
(6) This AD does not adopt the "Remarks" section of EASA AD 2023-0003R1.
(i) Airplane Flight Manual (AFM) Revision
Within 2 months after September 1, 2022 (the effective date of AD 2022-12-10), revise the applicable existing AFM to incorporate the information specified in figure 1 to paragraph (i) of this AD after sub-sub-section 2-200-70, Emergency Procedures, ADS with IRS miscompare, of sub-section 2-200, Emergency Procedures, of Section 2-Emergency Procedures.
Figure 1 to Paragraph (i)-Training Areas of Special Emphasis for Pilot (TASEp) Tp-118-EZII Info for AFM
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[Federal Register graphic "EP06AU25.003" is not available. Please view the graphic in the PDF version of this document.]
(j) No Reporting Requirement
Although the material referenced in EASA AD 2023-0003R1 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
(k) 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, send it to the attention of the person identified in paragraph (l) of this AD and email to: 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 DOA-authorized signature.
(l) Additional Information
For more information about this AD, contact William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7301; email: 9-AVS-AIR-BACO-COS@faa.gov.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the incorporation by reference 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 2023-0003R1, dated September 26, 2024.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu. You may find this material 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 1, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2025-14932 Filed 8-5-25; 8:45 am]
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