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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
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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 FAAs 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 20210202R1 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 20210202R1 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 Actions and Compliance Times in EASA AD 20210202R1.
Service information required by EASA
AD 20210202R1 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20210790 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 2062313226; 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
20210202E, dated September 9, 2021
EASA Emergency AD 20210202E
also referred to as the MCAI, to correct an unsafe condition for all Dassault Aviation Model FALCON 7X airplanes.
EASA subsequently issued EASA AD
20210202R1, dated September 10, 2021
EASA AD 20210202R1 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
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EASA AD 20210202R1 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 20210202R1 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.
FAAs 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 FAAs 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 20210202R1 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 pilots 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.

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Interim Action The FAA considers this AD interim action. If final action is later identified, the FAA might consider further rulemaking then.
FAAs Justification and Determination of the Effective Date Section 553b3B 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 553d 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

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