Airworthiness Directives; DASSAULT AVIATION Airplanes, 45902-45905 [2015-18689]

Download as PDF 45902 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules 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 removing Airworthiness Directive (AD) 2015–12–09, Amendment 39–18184 (80 FR 34831, June 18, 2015), and adding the following new AD: ■ Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters): Docket No. FAA–2014–0577; Directorate Identifier 2013–SW–042–AD. (a) Applicability This AD applies to Airbus Helicopters Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, and MBB– BK 117 C–2 helicopters, certificated in any category. (b) Unsafe Condition This AD defines the unsafe condition as loose attachment hardware between the Smart Electro Mechanical Actuator (SEMA) and a control rod. This condition could result in loss of the control axis and subsequent loss of control of the helicopter. (c) Comments Due Date We must receive comments by August 18, 2015. mstockstill on DSK4VPTVN1PROD with PROPOSALS (d) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (e) Required Actions (1) Within 50 hours time-in-service (TIS), for Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, and EC135T2+ helicopters, do the following: (i) Using Figure 1 and Figure 2 of Eurocopter Alert Service Bulletin EC135– 22A–015, Revision 1, dated January 28, 2013 (ASB EC135–22A–015) as reference, inspect the attachment hardware between the SEMA and the longitudinal actuator control rod to determine whether any of the washers can be moved. (A) If no washer can be moved, no further action is needed. (B) If a washer can be moved, replace the four screws and install two additional washers, part number (P/N) EN2139–05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5–6 Nm. (ii) Using Figure 1 and Figure 2 of ASB EC135–22A–015 as reference, inspect the attachment hardware between the SEMA and the lateral actuator control rod to determine whether any of the washers can be moved. (A) If no washer can be moved, no further action is needed. (B) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139–05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5–6 Nm. VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 (iii) Using Figure 1, Figure 3, and Figure 4 of ASB EC135–22A–015 as reference, inspect the attachment hardware between the SEMA and the yaw actuator control rod to determine whether any of the washers can be moved. (A) If no washer can be moved, no further action is needed. (B) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139–05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5–6 Nm. (2) Within 50 hours TIS, for Model MBB BK117 C–2 helicopters, using Figure 1 of Eurocopter Alert Service Bulletin MBB BK117 C–2–22A–009, Revision 1, dated August 3, 2009, as reference, inspect the attachment hardware between the YawSEMA and the Yaw-SEMA control rod to determine whether any of the washers can be moved. (i) If no washer can be moved, no further action is needed. (ii) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139–05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5–6 Nm and apply polyurethane lacquer onto the attachment hardware. (f) Affected ADs This AD revises AD 2015–12–09, Amendment 39–18184 (80 FR 34831, June 18, 2015). (g) Credit for Previous Actions If you performed the actions in Eurocopter Alert Service Bulletin EC135–22A–015, Revision 0, dated May 13, 2008, or Eurocopter Alert Service Bulletin MBB BK117 C–2–22A–009, Revision 0, May 13, 2008, before the effective date of this AD, you met the requirements of this AD. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Regulations and Policy Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222–5110; email 9ASW-FTW-AMOC-Requests@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (i) Additional Information The subject of this AD is addressed in the European Aviation Safety Agency (EASA) AD No. 2013–0176, dated August 7, 2013. You may view the EASA AD on the Internet at https://www.regulations.gov in Docket No. FAA–2014–0577. (j) Subject Joint Aircraft Service Component (JASC) Code: 2213, Flight Controller PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Issued in Fort Worth, Texas, on July 24, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2015–18865 Filed 7–31–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–2967; Directorate Identifier 2014–NM–072–AD] RIN 2120–AA64 Airworthiness Directives; DASSAULT AVIATION Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede Airworthiness Directive (AD) 2002–23– 20, for certain Dassault Aviation Model FALCON 900EX and MYSTERE– FALCON 900 airplanes. AD 2002–23–20 currently requires repetitive operational tests of the flap asymmetry detection system to verify proper functioning, and repair if necessary; repetitive replacement of the inboard flap jackscrews with new or reconditioned jackscrews; and repetitive measurement of the screw/nut play of the jackscrews on the inboard and outboard flaps to detect discrepancies, and corrective action if necessary. AD 2002–23–20 currently requires a revision of the airplane flight manual. Since we issued AD 2002–23–20, the maintenance manual has been revised. This proposed AD would require revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. This proposed AD also removes the Model FALCON 900EX airplanes from the applicability of the existing AD. We are proposing this AD to prevent reduced structural integrity of the airplane. DATES: We must receive comments on this proposed AD by September 17, 2015. ADDRESSES: You may send comments 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– SUMMARY: E:\FR\FM\03AUP1.SGM 03AUP1 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201– 440–6700; Internet https:// www.dassaultfalcon.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 2967; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax 425–227–1149. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with PROPOSALS Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2015–2967; Directorate Identifier 2014–NM–072–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On January 3, 2003, we issued AD 2002–23–20, Amendment 39–12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579). AD 2002–23–20 requires actions intended to address an unsafe condition on certain Dassault Aviation Model FALCON 900EX and MYSTERE– FALCON 900 airplanes. Since we issued AD 2002–23–20, Amendment 39–12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579), the maintenance manual has been revised. In addition, we are removing the Model 900EX airplanes from the applicability of the existing AD and those airplanes are addressed through a separate AD action (AD 2014–16–26, Amendment 39–17950 (79 FR 51077, August 27, 2014)). The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2013–0053, dated March 4, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all MYSTERE– FALCON 900 series airplanes. The MCAI states: The airworthiness limitations and ` maintenance requirements for the MystereFalcon 900 type design are included in Aircraft Maintenance Manual (AMM) chapter 5–40 and are approved by the European Aviation Safety Agency (EASA). EASA issued AD 2008–0221[https:// ad.easa.europa.eu/blob/easa_ad_2008_0221_ Corrected.pdf/AD_2008–0221_1] to require accomplishment of the maintenance tasks, and implementation of the airworthiness limitations, as specified in Dassault Aviation F900 AMM chapter 5–40 referenced DGT 113873 at revision 16. Since that [EASA] AD was issued, Dassault Aviation issued revision 20 of F900 AMM chapter 5–40 which contains new or more restrictive maintenance requirements and/or airworthiness limitations and introduces, among others, the following changes: —Tasks renumbering; —Introduction of a Corrosion Prevention Control Program (CPCP); —Upgrade of screwjack of flap actuators from the older to the latest -3 version; —Revised Time Between Overhaul for screwjack of flap actuators -3 version; —Revised interval for checking the screw/nut play on screwjack of flap actuators -3 version; —Removal of calendar limit for checking the screw/nut play on screwjack of external flap actuators -1 and -2 versions; —Removal of service life limit for screwjack of flap actuators; PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 45903 —Test of flap asymmetry protection system. Compliance with this test is required by [a certain AD ***], but F900 AMM chapter 5– 40 at revision 20 introduces an extended inspection interval; —Inspection procedures of fuselage and wings; —Check of overpressure tightness on pressurization control regulating valves. Compliance with this check is required by EASA AD 2008–0072 [https:// ad.easa.europa.eu/blob/easa_ad_2008_ 0072.pdf/AD_2008–0072_1] [which corresponds to FAA AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010], but F900 AMM chapter 5–40 at revision 20 introduces an extended inspection interval; —Check of overpressure relief valve vacuum supply lines. The maintenance tasks and airworthiness limitations, as specified in the F900 AMM chapter 5–40, have been identified as mandatory actions for continued airworthiness of the F900 type design. Failure to comply with AMM chapter 5–40 at revision 20 may result in an unsafe condition [reduced structural integrity of the airplane]. For the reasons described above, this [EASA] AD requires the implementation of the maintenance tasks and airworthiness limitations, as specified in the Dassault Aviation F900 AMM chapter 5–40 DGT 113873 at revision 20. You may examine the MCAI in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 2967. Related Service Information Under 1 CFR Part 51 We reviewed Chapter 5–40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual. This service information describes procedures, maintenance tasks, and airworthiness limitations specified in the Airworthiness Limitations section of the AMM. This service information 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 of this NPRM. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe E:\FR\FM\03AUP1.SGM 03AUP1 45904 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance We estimate that this proposed AD affects 112 airplanes of U.S. registry. We estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $9,520, or $85 per product. 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 for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 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. We are 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS Regulatory Findings We 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. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2002–23–20, Amendment 39–12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579); and adding the following new AD: ■ DASSAULT AVIATION: Docket No. FAA– 2015–2967; Directorate Identifier 2014– NM–072–AD. (a) Comments Due Date We must receive comments by September 17, 2015. (b) Affected ADs This AD replaces AD 2002–23–20, Amendment 39–12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579). This AD also affects AD 2010– 26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010). (c) Applicability This AD applies to all DASSAULT AVIATION Model MYSTERE–FALCON 900 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Reason This AD was prompted by our determination of the need for a revision to the airplane airworthiness limitations to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. We are issuing this AD to prevent reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Revision of Maintenance or Inspection Program Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Falcon 900 Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5–40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual, is within the applicable times specified in the maintenance manual or within 30 days after the effective date of this AD, whichever occurs later, except as provided by paragraphs (g)(1) through (g)(4) of this AD. (1) The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in the service information means total airplane landings. (2) The term ‘‘FH’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight hours. (3) The term ‘‘FC’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight cycles. (4) The term ‘‘M’’ in the ‘‘First Inspection’’ column of any table in the service information means months. (h) Terminating Action Accomplishing paragraph (g) of this AD terminates the requirements of paragraph (g)(1) of AD 2010–26–05, Amendment 39– 16544 (75 FR 79952, December 21, 2010), for DASSAULT AVIATION Model MYSTERE– FALCON 900 airplanes. (i) No Alternative Actions and Intervals After accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-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. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency E:\FR\FM\03AUP1.SGM 03AUP1 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules (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 (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2013–0053, dated March 4, 2013, for related information. This MCAI may be found in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA– 2015–2967. (2) For service information identified in this AD, contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; Internet https:// www.dassaultfalcon.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on July 23, 2015. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–18689 Filed 7–31–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–109370–10] RIN 1545–BJ34 Allocable Cash Basis and Tiered Partnership Items Internal Revenue Service (IRS), Treasury. ACTION: Partial withdrawal of notice of proposed rulemaking and notice of proposed rulemaking. AGENCY: This document contains proposed regulations regarding the determination of a partner’s distributive share of certain allocable cash basis items and items attributable to an interest in a lower-tier partnership during a partnership taxable year in which a partner’s interest changes. These proposed regulations affect partnerships and their partners. DATES: Written or electronic comments and requests for a public hearing must be received by November 2, 2015. As of August 3, 2015, the notice of proposed rulemaking that was published in the Federal Register on May 24, 2005 (70 FR 29675), is partially withdrawn. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–109370–10), Room 5203, Internal Revenue Service, PO Box mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:22 Jul 31, 2015 Jkt 235001 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be handdelivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG–109370–10), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically, via the Federal eRulemaking Portal at https://www.regulations.gov/(IRSREG109370-10). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Benjamin H. Weaver, (202) 317–6850; concerning submissions of comments and requests for public hearing, Regina Johnson, (202) 317–6901 (not toll free numbers). SUPPLEMENTARY INFORMATION: Background Section 706 of the Internal Revenue Code (the Code) generally provides rules for the taxable years of partners and partnerships. Section 72 of the Deficit Reduction Act of 1984, Public Law 98– 369 (98 Stat. 494 (1984)) added section 706(d) to the Code to prevent a partner who acquires an interest in the partnership late in the taxable year from deducting partnership expenses incurred prior to the partner’s entry into the partnership (retroactive allocations). Section 706(d)(1) provides that, except as provided in section 706(d)(2) and (d)(3), if during any taxable year of the partnership there is a change in any partner’s interest in the partnership, each partner’s distributive share of any item of income, gain, loss, deduction, or credit of the partnership for such taxable year shall be determined by the use of any method prescribed by regulations which takes into account the varying interests of the partners in the partnership during such taxable year. On April 14, 2009, the Treasury Department and the IRS published a notice of proposed rulemaking (REG– 144689–04) (the 2009 proposed regulations) in the Federal Register to provide guidance under section 706(d)(1) and to conform the Income Tax Regulations for certain provisions of section 1246 of the Taxpayer Relief Act of 1997, Public Law 105–34 (111 Stat. 788 (1997)) and section 72 of the Deficit Reduction Act of 1984, Public Law 98– 369 (98 Stat. 494 (1984)). The Treasury Department and the IRS are publishing final regulations under section 706(d)(1) (the final regulations) contemporaneously with these proposed regulations. However, the Treasury Department and the IRS have decided to propose an amendment to the final regulations expanding the list of extraordinary items to include two new PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 45905 items: (1) For publicly traded partnerships, any item of income that is an amount subject to withholding as defined in § 1.1441–2(a) (excluding amounts effectively connected with the conduct of a trade or business within the United States) or a withholdable payment under § 1.1473–1(a) occurring during a taxable year if, for that taxable year, the partners agree to treat all such items as extraordinary items, and (2) for any partnership, deductions for the transfer of partnership equity in connection with the performance of services. In addition, these proposed regulations provide guidance under sections 706(d)(2) and (3). 1. Allocable Cash Basis Items Section 706(d)(2) provides rules for certain allocable cash basis items. Section 706(d)(2)(A) provides that if during any taxable year of the partnership there is a change in any partner’s interest in the partnership, then (except to the extent provided in regulations) each partner’s distributive share of any allocable cash basis item shall be determined (i) by assigning the appropriate portion of such item to each day in the period to which it is attributable, and (ii) by allocating the portion assigned to any such day among the partners in proportion to their interests in the partnership at the close of such day. Section 706(d)(2)(B) defines ‘‘allocable cash basis item’’ as any of the following items with respect to which the partnership uses the cash receipts and disbursements method of accounting (cash method): (i) Interest, (ii) taxes, (iii) payments for services or for the use of property, or (iv) any other item of a kind specified in regulations prescribed by the Secretary as being an item with respect to which the application of section 706(d)(2) is appropriate to avoid significant misstatements of the income of the partners. Section 706(d)(2)(C) further provides that if any portion of any allocable cash basis item is attributable to (i) any period before the beginning of the taxable year, such portion shall be assigned under section 706(d)(2)(A)(i) to the first day of the taxable year, or (ii) any period after the close of the taxable year, such portion shall be assigned under section 706(d)(2)(A)(i) to the last day of the taxable year. Finally, section 706(d)(2)(D) provides that if any portion of a deductible cash basis item is assigned under section 706(d)(2)(C)(i) to the first day of any taxable year, (i) such portion shall be allocated among persons who are partners in the partnership during the period to which such portion is attributable in accordance with their varying interests E:\FR\FM\03AUP1.SGM 03AUP1

Agencies

[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Proposed Rules]
[Pages 45902-45905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2967; Directorate Identifier 2014-NM-072-AD]
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: We propose to supersede Airworthiness Directive (AD) 2002-23-
20, for certain Dassault Aviation Model FALCON 900EX and MYSTERE-FALCON 
900 airplanes. AD 2002-23-20 currently requires repetitive operational 
tests of the flap asymmetry detection system to verify proper 
functioning, and repair if necessary; repetitive replacement of the 
inboard flap jackscrews with new or reconditioned jackscrews; and 
repetitive measurement of the screw/nut play of the jackscrews on the 
inboard and outboard flaps to detect discrepancies, and corrective 
action if necessary. AD 2002-23-20 currently requires a revision of the 
airplane flight manual. Since we issued AD 2002-23-20, the maintenance 
manual has been revised. This proposed AD would require revising the 
maintenance or inspection program, as applicable, to include the 
maintenance tasks and airworthiness limitations specified in the 
Airworthiness Limitations section of the airplane maintenance manual. 
This proposed AD also removes the Model FALCON 900EX airplanes from the 
applicability of the existing AD. We are proposing this AD to prevent 
reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by September 17, 
2015.

ADDRESSES: You may send comments 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-

[[Page 45903]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet https://www.dassaultfalcon.com. You may 
view this referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2967; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-2967; 
Directorate Identifier 2014-NM-072-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On January 3, 2003, we issued AD 2002-23-20, Amendment 39-12964 (67 
FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579). AD 
2002-23-20 requires actions intended to address an unsafe condition on 
certain Dassault Aviation Model FALCON 900EX and MYSTERE-FALCON 900 
airplanes.
    Since we issued AD 2002-23-20, Amendment 39-12964 (67 FR 71098, 
November 29, 2002); corrected May 4, 2010 (75 FR 23579), the 
maintenance manual has been revised. In addition, we are removing the 
Model 900EX airplanes from the applicability of the existing AD and 
those airplanes are addressed through a separate AD action (AD 2014-16-
26, Amendment 39-17950 (79 FR 51077, August 27, 2014)).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2013-0053, dated March 4, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all MYSTERE-FALCON 
900 series airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the Myst[egrave]re-Falcon 900 type design are included in Aircraft 
Maintenance Manual (AMM) chapter 5-40 and are approved by the 
European Aviation Safety Agency (EASA). EASA issued AD 2008-
0221[https://ad.easa.europa.eu/blob/easa_ad_2008_0221_Corrected.pdf/AD_2008-0221_1] to require accomplishment of the maintenance tasks, 
and implementation of the airworthiness limitations, as specified in 
Dassault Aviation F900 AMM chapter 5-40 referenced DGT 113873 at 
revision 16.
    Since that [EASA] AD was issued, Dassault Aviation issued 
revision 20 of F900 AMM chapter 5-40 which contains new or more 
restrictive maintenance requirements and/or airworthiness 
limitations and introduces, among others, the following changes:

--Tasks renumbering;
--Introduction of a Corrosion Prevention Control Program (CPCP);
--Upgrade of screwjack of flap actuators from the older to the 
latest -3 version;
--Revised Time Between Overhaul for screwjack of flap actuators -3 
version;
--Revised interval for checking the screw/nut play on screwjack of 
flap actuators -3 version;
--Removal of calendar limit for checking the screw/nut play on 
screwjack of external flap actuators -1 and -2 versions;
--Removal of service life limit for screwjack of flap actuators;
--Test of flap asymmetry protection system. Compliance with this 
test is required by [a certain AD ***], but F900 AMM chapter 5-40 at 
revision 20 introduces an extended inspection interval;
--Inspection procedures of fuselage and wings;
--Check of overpressure tightness on pressurization control 
regulating valves. Compliance with this check is required by EASA AD 
2008-0072 [https://ad.easa.europa.eu/blob/easa_ad_2008_0072.pdf/AD_2008-0072_1] [which corresponds to FAA AD 2010-26-05, Amendment 
39-16544 (75 FR 79952, December 21, 2010], but F900 AMM chapter 5-40 
at revision 20 introduces an extended inspection interval;
--Check of overpressure relief valve vacuum supply lines.

    The maintenance tasks and airworthiness limitations, as 
specified in the F900 AMM chapter 5-40, have been identified as 
mandatory actions for continued airworthiness of the F900 type 
design. Failure to comply with AMM chapter 5-40 at revision 20 may 
result in an unsafe condition [reduced structural integrity of the 
airplane].
    For the reasons described above, this [EASA] AD requires the 
implementation of the maintenance tasks and airworthiness 
limitations, as specified in the Dassault Aviation F900 AMM chapter 
5-40 DGT 113873 at revision 20.

You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2967.

Related Service Information Under 1 CFR Part 51

    We reviewed Chapter 5-40, Airworthiness Limitations, Revision 20, 
dated October 2012, of the Dassault Aviation Falcon 900 Maintenance 
Manual. This service information describes procedures, maintenance 
tasks, and airworthiness limitations specified in the Airworthiness 
Limitations section of the AMM. This service information 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 of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe

[[Page 45904]]

condition exists and is likely to exist or develop on other products of 
the same type design.

Costs of Compliance

    We estimate that this proposed AD affects 112 airplanes of U.S. 
registry.
    We estimate that it would take about 1 work-hour per product to 
comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $9,520, or $85 per 
product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will 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 removing Airworthiness Directive (AD) 
2002-23-20, Amendment 39-12964 (67 FR 71098, November 29, 2002); 
corrected May 4, 2010 (75 FR 23579); and adding the following new AD:

DASSAULT AVIATION: Docket No. FAA-2015-2967; Directorate Identifier 
2014-NM-072-AD.

(a) Comments Due Date

    We must receive comments by September 17, 2015.

(b) Affected ADs

    This AD replaces AD 2002-23-20, Amendment 39-12964 (67 FR 71098, 
November 29, 2002); corrected May 4, 2010 (75 FR 23579). This AD 
also affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010).

(c) Applicability

    This AD applies to all DASSAULT AVIATION Model MYSTERE-FALCON 
900 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by our determination of the need for a 
revision to the airplane airworthiness limitations to introduce a 
corrosion prevention control program, among other changes, to the 
maintenance requirements and airworthiness limitations. We are 
issuing this AD to prevent reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 
Maintenance Manual. The initial compliance time for accomplishing 
the actions specified in Chapter 5-40, Airworthiness Limitations, 
Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 
Maintenance Manual, is within the applicable times specified in the 
maintenance manual or within 30 days after the effective date of 
this AD, whichever occurs later, except as provided by paragraphs 
(g)(1) through (g)(4) of this AD.
    (1) The term ``LDG'' in the ``First Inspection'' column of any 
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any 
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any 
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any 
table in the service information means months.

(h) Terminating Action

    Accomplishing paragraph (g) of this AD terminates the 
requirements of paragraph (g)(1) of AD 2010-26-05, Amendment 39-
16544 (75 FR 79952, December 21, 2010), for DASSAULT AVIATION Model 
MYSTERE-FALCON 900 airplanes.

(i) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. 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. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency

[[Page 45905]]

(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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0053, dated March 4, 2013, 
for related information. This MCAI may be found in the AD docket on 
the Internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-2967.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet https://www.dassaultfalcon.com. You 
may view this service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 23, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-18689 Filed 7-31-15; 8:45 am]
BILLING CODE 4910-13-P
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