Airworthiness Directives; Dassault-Aviation Model FALCON 7X Airplanes, 51931-51934 [2010-20839]
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations
(2) The issuance of this order
amending the Northeast and other
orders is the only practical means
pursuant to the declared policy of the
AMAA of advancing the interests of
producers as defined in the orders as
hereby amended; and
(3) The issuance of this order
amending the Northeast and other
orders is favored by at least two-thirds
of the producers who were engaged in
the production of milk for sale in the
respective marketing areas.
List of Subjects in 7 CFR Part 1000
Milk marketing orders.
Order Relative to Handling
It is therefore ordered, that on and
after the effective date hereof, the
handling of milk in the Northeast and
other marketing areas shall be in
conformity to and in compliance with
the terms and conditions of the orders,
as amended, and as hereby amended, as
follows:
■ For reasons set forth in the preamble,
7 CFR part 1000 is amended as follows:
PART 1000—GENERAL PROVISIONS
OF FEDERAL MILK MARKETING
ORDERS
1. The authority citation for 7 CFR
part 1000 continues to read as follows:
■
Authority: 7 U.S.C. 601–674, and 7253.
2. In § 1000.15, paragraphs (a) and
(b)(1) are revised to read as follows:
■
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§ 1000.15
Fluid milk product.
(a) Except as provided in paragraph
(b) of this section, fluid milk product
shall mean any milk products in fluid
or frozen form that are intended to be
used as beverages containing less than
9 percent butterfat and 6.5 percent or
more nonfat solids or 2.25 percent or
more true milk protein. Sources of such
nonfat solids/protein include but are not
limited to: Casein, whey protein
concentrate, milk protein concentrate,
dry whey, caseinates, lactose, and any
similar dairy derived ingredient. Such
products include, but are not limited to:
Milk, fat-free milk, lowfat milk, light
milk, reduced fat milk, milk drinks,
eggnog and cultured buttermilk,
including any such beverage products
that are flavored, cultured, modified
with added or reduced nonfat solids,
sterilized, concentrated, or
reconstituted. As used in this part, the
term concentrated milk means milk that
contains not less than 25.5 percent, and
not more than 50 percent, total milk
solids.
(b) * * *
(1) Any product that contains less
than 6.5 percent nonfat milk solids and
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15:10 Aug 23, 2010
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contains less than 2.25 percent true milk
protein; whey; plain or sweetened
evaporated milk/skim milk; sweetened
condensed milk/skim milk; yogurt
containing beverages with 20 or more
percent yogurt by weight and kefir;
products especially prepared for infant
feeding or dietary use (meal
replacement) that are packaged in
hermetically sealed containers; and
products that meet the compositional
standards specified in paragraph (a) of
this section but contain no fluid milk
products included in paragraph (a) of
this section.
*
*
*
*
*
■ 3. In § 1000.40, paragraph (b)(2)(iii)
and (b)(2)(vi) are revised to read as
follows:
§ 1000.40
Classes of utilization.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Aerated cream, frozen cream, sour
cream, sour half-and-half, sour cream
mixtures containing non-milk items;
yogurt, including yogurt containing
beverages with 20 percent or more
yogurt by weight and kefir, and any
other semi-solid product resembling a
Class II product;
*
*
*
*
*
(vi) Products especially prepared for
infant feeding or dietary use (meal
replacements) that are packaged in
hermetically sealed containers and
products that meet the compositional
standards of § 1000.15(a) but contain no
fluid milk products included in
§ 1000.15(a).
*
*
*
*
*
■ 4. In § 1000.43, paragraph (c) is
revised to read as follows:
§ 1000.43
General classification rules.
*
*
*
*
*
(c) If any of the water but none of the
nonfat solids contained in the milk from
which a product is made is removed
before the product is utilized or
disposed of by the handler, the pounds
of skim milk in such product that are to
be considered under this part as used or
disposed of by the handler shall be an
amount equivalent to the nonfat milk
solids contained in such product plus
all of the water originally associated
with such solids. If any of the nonfat
solids contained in the milk from which
a product is made are removed before
the product is utilized or disposed of by
the handler, the pounds of skim milk in
such product that are to be considered
under this part as used or disposed of
by the handler shall be an amount
equivalent to the nonfat milk solids
contained in such product plus all of
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51931
the water and nonfat solids originally
associated with such solids determined
on a protein equivalent basis.
*
*
*
*
*
Dated: August 17, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–20972 Filed 8–23–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0800; Directorate
Identifier 2010–NM–162–AD; Amendment
39–16416; AD 2010–18–03]
RIN 2120–AA64
Airworthiness Directives; DassaultAviation Model FALCON 7X Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
Several in service events related to various
electrical systems, have led to the discovery
of a common root cause: A leakage failure
mode of Transient Voltage Suppressor (TVS)
diodes used on Power Distribution Control
Units (PDCU) cards or Generator Control Unit
(GCU) cards in the Primary Power
Distribution Boxes (PPDB). Due to such TVS
diode failure mode, operation of some
electrical circuits is degraded and some
control signals are set at unexpected levels.
Further analysis indicated that combination
of a TVS diode failure with other systems
failures could significantly reduce flight
safety.
*
*
*
*
*
The unsafe condition is a leakage
failure mode of TVS diodes used on
PDCU cards or GCU cards in the PPDB,
which in combination with other system
failures could lead to loss of
controllability of the airplane. This AD
requires actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: This AD becomes effective
September 8, 2010.
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations
We must receive comments on this
AD by October 8, 2010.
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–
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
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this 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,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
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The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2010–0073,
dated April 15, 2010 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
Several in service events related to various
electrical systems, have led to the discovery
of a common root cause: A leakage failure
mode of Transient Voltage Suppressor (TVS)
diodes used on Power Distribution Control
Units (PDCU) cards or Generator Control Unit
(GCU) cards in the Primary Power
Distribution Boxes (PPDB). Due to such TVS
diode failure mode, operation of some
electrical circuits is degraded and some
control signals are set at unexpected levels.
Further analysis indicated that combination
of a TVS diode failure with other systems
failures could significantly reduce flight
safety.
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15:10 Aug 23, 2010
Jkt 220001
To prevent and correct this condition,
some Airplane Flight Manual (AFM)
procedures have been modified to reduce the
time of exposure to further failures whenever
a TVS diode failure occurs. Additionally, a
field tester has been developed to test all TVS
diodes installed on the PDCU and GCU cards
for the detection of components beyond
acceptable tolerances. The criteria for PDCU
or GCU card replacement in case of detection
of faulty components have been identified.
This AD requires the accomplishment of
the revised AFM procedures, the testing and,
as necessary, the replacement of the affected
PDCU and GCU cards.
Meanwhile, Dassault Aviation is
developing a modification (M724), to
improve PDCU and GCU cards, with TVS
diodes having reduced susceptibility to the
leakage failure mode.
The unsafe condition is a leakage
failure mode of TVS diodes used on
PDCU cards or GCU cards in the PPDB,
which in combination with other system
failures could lead to loss of
controllability of the airplane. You may
obtain further information by examining
the MCAI in the AD docket.
Interim Action
This AD does not require the
inspection of and on-condition
replacement of the PDCU and GCU
cards in paragraph (3) of EASA AD
2010–0073, dated April 15, 2010, and
this AD does not provide credit for
accomplishment of certain service
bulletins in paragraph (4) of EASA AD
2010–0073, dated April 15, 2010. The
planned compliance time for the
inspection of and on-condition
replacement of the PDCU and GCU
cards in paragraph (3) of EASA AD
2010–0073, dated April 15, 2010, would
allow enough time to provide notice and
opportunity for prior public comment
on the merits of those actions.
Therefore, we are considering further
rulemaking to address this issue.
FAA’s Determination and Requirements
of This 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 issuing this
AD because we 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.
Differences Between the AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
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general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because a leakage failure mode of
TVS diodes used on PDCU cards or GCU
cards in the PPDB, combined with other
possible systems failures, could lead to
loss of control of the airplane.
Therefore, we determined that notice
and opportunity for public comment
before issuing this AD are impracticable
and that good cause exists for making
this amendment effective in fewer than
30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite 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–2010–0800;
Directorate Identifier 2010–NM–162–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of 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 AD.
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
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations
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 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 this AD:
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); and
3. 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–18–03 Dassault-Aviation:
Amendment 39–16416. Docket No.
FAA–2010–0800; Directorate Identifier
2010–NM–162–AD.
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51933
Affected ADs
(b) None.
Applicability
(c) This AD applies to Dassault-Aviation
Model FALCON 7X airplanes, certificated in
any category, all serial numbers except those
on which Dassault-Aviation Modification
M724 is embodied.
displayed through the Electronic Check List
(ECL) in the aeroplane.’’
Note 1: When a statement identical to that
in paragraph (g) of this AD has been included
in the Limitations section and Abnormal
Procedures section in the general revisions of
the AFM, the general revisions may be
inserted into the AFM, and the copy of this
AD may be removed.
FAA AD Differences
Effective Date
(a) This airworthiness directive (AD)
becomes effective September 8, 2010.
Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical Power.
Reason
(e) The mandatory continued airworthiness
information (MCAI) states:
‘‘Several in service events related to various
electrical systems, have led to the discovery
of a common root cause: a leakage failure
mode of Transient Voltage Suppressor (TVS)
diodes used on Power Distribution Control
Units (PDCU) cards or Generator Control Unit
(GCU) cards in the Primary Power
Distribution Boxes (PPDB). Due to such TVS
diode failure mode, operation of some
electrical circuits is degraded and some
control signals are set at unexpected levels.
Further analysis indicated that combination
of a TVS diode failure with other systems
failures could significantly reduce flight
safety.’’
*
*
*
*
*
The unsafe condition is a leakage failure
mode of TVS diodes used on PDCU cards or
GCU cards in the PPDB, which in
combination with other system failures could
lead to loss of controllability of the airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 days after the effective date
of this AD, revise the Abnormal Procedures
and Limitations sections of the Dassault F7X
Airplane Flight Manual (AFM) to include the
following statement. This may be done by
inserting copies of this AD into the AFM
Limitations section and Abnormal
Procedures section.
‘‘Upon display of ELEC:BUS MISCONFIG
TIED in Crew Alerting System (Abnormal
procedure 3–190–20), land at nearest suitable
airport
Upon display of ELEC:LH ESS PWR LO or
ELEC:LH ESS NO PWR (Abnormal procedure
3–190–40), land at nearest suitable airport
Upon display of ELEC:RH ESS PWR LO
and ELEC:RH ESS NO PWR (Abnormal
procedure 3–190–45), land at nearest suitable
airport
Upon display of HYD:BACKUP PUMP HI
TEMP (Abnormal procedure 3–250–15), set
off the pump and if the backup pump is still
rotating (green) in hydraulic synoptic,
descend to a safe altitude or below 15,000 ft
Caution: These temporary amendments
take precedence over the same procedures
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Note 2: This AD differs from the MCAI
and/or service information as follows:
(1) While the European Aviation Safety
Agency (EASA) AD 2010–0073, dated April
15, 2010, has a compliance time of ‘‘after the
effective date of this AD,’’ this AD requires
that the actions be done within 30 days after
the effective date of this AD.
(2) This AD does not require the inspection
of and on-condition replacement of the PDCU
and GCU cards in paragraph (3) of EASA AD
2010–0073, dated April 15, 2010, and this
AD does not provide credit for
accomplishment of certain service bulletins
in paragraph (4) of EASA AD 2010–0073,
dated April 15, 2010.
Other FAA AD Provisions
(h) 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.
Send information to ATTN: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(i) Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2010–0073,
dated April 15, 2010, for related information.
Material Incorporated by Reference
(j) None.
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations
Issued in Renton, Washington, on August
11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–20839 Filed 8–23–10; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 310
Telemarketing Sales Rule
Federal Trade Commission.
Final rule; correction.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘Commission’’) published
a final rule on August 10, 2010,
adopting amendments to the
Telemarketing Sales Rule that address
the telemarketing of debt relief services.
This document makes technical
corrections to that final rule.
DATES: Effective Date: September 27,
2010.
FOR FURTHER INFORMATION CONTACT:
Allison Brown, Attorney, Division of
Financial Practices, Bureau of Consumer
Protection, Federal Trade Commission,
Washington, DC 20580 (202–326–3224).
SUPPLEMENTARY INFORMATION: In FR Doc.
2010–19412 appearing on page 48458 in
the Federal Register of Tuesday, August
10, 2010, the following corrections are
made:
SUMMARY:
§ 310.8
[Corrected]
1. On page 48523, in the first column,
in § 310.8 (c), ‘‘$54’’ is corrected to read
‘‘$55’’ and, ‘‘$14,580’’ is corrected to read
‘‘$15,058’’.
■
§ 310.8
[Corrected]
2. On the same page, in the second
column, in § 310.8 (d), in the fourth
line, ‘‘$54’’ is corrected to read ‘‘$55’’.
■
Donald S. Clark,
Secretary.
[FR Doc. 2010–20680 Filed 8–23–10; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF THE TREASURY
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Internal Revenue Service
26 CFR Part 1
[TD 9499]
Clarification to Section 6411
Regulations
Internal Revenue Service (IRS),
Treasury.
AGENCY:
15:10 Aug 23, 2010
This document contains final
regulations amending existing
regulations under section 6411 of the
Internal Revenue Code (Code) relating to
the computation and allowance of the
tentative carryback adjustment. These
regulations adopt without change the
rules of the temporary regulations,
which clarify that, for purposes of
allowing a tentative adjustment, the IRS
may credit or reduce the tentative
adjustment by both assessed and certain
unassessed tax liabilities. These final
regulations affect taxpayers that file an
application for a tentative carryback
allowance.
SUMMARY:
Effective Date: These regulations
are effective on August 24, 2010.
Applicability Date: These regulations
apply with respect to applications for
tentative refund filed on or after August
24, 2010.
FOR FURTHER INFORMATION CONTACT:
Contact Elizabeth Mezheritsky at (202)
622–3600 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
Background and Explanation of
Revisions
This document contains final
regulations amending the Income Tax
Regulations (26 CFR part 1) under
section 6411 relating to the computation
and allowance of the tentative carryback
adjustment.
On August 24, 2007, temporary
regulations (TD 9355), 2007–37 IRB 577
(72 FR 48933) and a notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–118886–
06), 2007–37 IRB 591 (72 FR 48952)
were published in the Federal Register.
On October 4, 2007, corrections to the
temporary regulations were published
in the Federal Register (72 FR 56619).
Only one set of written comments
responding to the notice of proposed
rulemaking was received, and the same
commenter was the sole speaker at a
public hearing on the notice of proposed
rulemaking, which was held on
February 5, 2008. After consideration of
the comments, the temporary
regulations are adopted without change
by this Treasury decision. The
comments are discussed in the
preamble.
Explanation of Provisions and
Summary of Comments
RIN 1545–BF65
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Final regulations and removal of
temporary regulations.
ACTION:
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In general, section 6411(a) provides
that, in the case of certain loss or credit
carrybacks, a taxpayer may file an
application for a tentative carryback
adjustment of the tax for a prior taxable
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year. Under section 6411(b), any
resulting decrease in tax attributable to
the carryback must be credited against
any tax or installment ‘‘then due’’ from
the taxpayer, or refunded to the
taxpayer. Existing regulations at section
1.6411–3(d)(1)(iii) further provide that
the decrease in tax is first applied
against any unpaid amount of tax that
is ‘‘due and payable’’ on the date the
decrease is allowed.
These regulations amend existing
regulations under section 6411 to clarify
the computation and allowance of the
tentative carryback adjustment. The
tentative allowance is computed
pursuant to § 1.6411–2 but applied
pursuant to § 1.6411–3. The regulations
provide that, for purposes of computing
the tentative allowance under section
6411, the Commissioner will not
consider amounts to which the taxpayer
and the Commissioner are in
disagreement. For purposes of applying
the tentative allowance, however, the
regulations provide that the
Commissioner may credit or reduce the
tentative adjustment by any assessed tax
liabilities, unassessed liabilities
determined in a statutory notice of
deficiency, unassessed liabilities
identified in a proof of claim filed in a
bankruptcy proceeding, and other
unassessed liabilities in rare and
unusual circumstances. Regarding
unassessed liabilities determined in a
statutory notice of deficiency, see Rev.
Rul. 2007–51. Regarding unassessed
liabilities identified in a proof of claim
filed in a bankruptcy proceeding, see
Rev. Rul. 2007–52. See also
§ 601.601(d)(2).
The sole commenter asserted that the
IRS lacks the authority to credit a tax
decrease due to a tentative carryback
adjustment against a tax liability unless
the liability has been assessed against
the taxpayer. According to the
commenter, an assessed liability is the
only proper interpretation of the terms
‘‘due and payable’’ and ‘‘then due’’ for
purposes of section 6411(b). The
Treasury Department and the IRS
disagree with this position. The general
authority to apply credits is provided by
section 6402, which permits the IRS to
credit the amount of any overpayment,
including interest, against any tax
liability of the person who made the
overpayment. Nothing in section 6402
or the applicable regulations specifies
when a liability arises for purposes of
crediting overpayments. The Treasury
Department and IRS have determined
that both assessed and certain
unassessed liabilities are appropriately
considered ‘‘then due’’ for purposes of
section 6411. Accordingly, the
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51931-51934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20839]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0800; Directorate Identifier 2010-NM-162-AD;
Amendment 39-16416; AD 2010-18-03]
RIN 2120-AA64
Airworthiness Directives; Dassault-Aviation Model FALCON 7X
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
Several in service events related to various electrical systems,
have led to the discovery of a common root cause: A leakage failure
mode of Transient Voltage Suppressor (TVS) diodes used on Power
Distribution Control Units (PDCU) cards or Generator Control Unit
(GCU) cards in the Primary Power Distribution Boxes (PPDB). Due to
such TVS diode failure mode, operation of some electrical circuits
is degraded and some control signals are set at unexpected levels.
Further analysis indicated that combination of a TVS diode failure
with other systems failures could significantly reduce flight
safety.
* * * * *
The unsafe condition is a leakage failure mode of TVS diodes used
on PDCU cards or GCU cards in the PPDB, which in combination with other
system failures could lead to loss of controllability of the airplane.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective September 8, 2010.
[[Page 51932]]
We must receive comments on this AD by October 8, 2010.
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-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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0073, dated April 15, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Several in service events related to various electrical systems,
have led to the discovery of a common root cause: A leakage failure
mode of Transient Voltage Suppressor (TVS) diodes used on Power
Distribution Control Units (PDCU) cards or Generator Control Unit
(GCU) cards in the Primary Power Distribution Boxes (PPDB). Due to
such TVS diode failure mode, operation of some electrical circuits
is degraded and some control signals are set at unexpected levels.
Further analysis indicated that combination of a TVS diode failure
with other systems failures could significantly reduce flight
safety.
To prevent and correct this condition, some Airplane Flight
Manual (AFM) procedures have been modified to reduce the time of
exposure to further failures whenever a TVS diode failure occurs.
Additionally, a field tester has been developed to test all TVS
diodes installed on the PDCU and GCU cards for the detection of
components beyond acceptable tolerances. The criteria for PDCU or
GCU card replacement in case of detection of faulty components have
been identified.
This AD requires the accomplishment of the revised AFM
procedures, the testing and, as necessary, the replacement of the
affected PDCU and GCU cards.
Meanwhile, Dassault Aviation is developing a modification
(M724), to improve PDCU and GCU cards, with TVS diodes having
reduced susceptibility to the leakage failure mode.
The unsafe condition is a leakage failure mode of TVS diodes used
on PDCU cards or GCU cards in the PPDB, which in combination with other
system failures could lead to loss of controllability of the airplane.
You may obtain further information by examining the MCAI in the AD
docket.
Interim Action
This AD does not require the inspection of and on-condition
replacement of the PDCU and GCU cards in paragraph (3) of EASA AD 2010-
0073, dated April 15, 2010, and this AD does not provide credit for
accomplishment of certain service bulletins in paragraph (4) of EASA AD
2010-0073, dated April 15, 2010. The planned compliance time for the
inspection of and on-condition replacement of the PDCU and GCU cards in
paragraph (3) of EASA AD 2010-0073, dated April 15, 2010, would allow
enough time to provide notice and opportunity for prior public comment
on the merits of those actions. Therefore, we are considering further
rulemaking to address this issue.
FAA's Determination and Requirements of This 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 issuing this AD because we
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.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
leakage failure mode of TVS diodes used on PDCU cards or GCU cards in
the PPDB, combined with other possible systems failures, could lead to
loss of control of the airplane. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite 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-2010-0800; Directorate
Identifier 2010-NM-162-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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
[[Page 51933]]
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 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 this AD:
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); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2010-18-03 Dassault-Aviation: Amendment 39-16416. Docket No. FAA-
2010-0800; Directorate Identifier 2010-NM-162-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 8, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category, all serial numbers except
those on which Dassault-Aviation Modification M724 is embodied.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical Power.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
``Several in service events related to various electrical
systems, have led to the discovery of a common root cause: a leakage
failure mode of Transient Voltage Suppressor (TVS) diodes used on
Power Distribution Control Units (PDCU) cards or Generator Control
Unit (GCU) cards in the Primary Power Distribution Boxes (PPDB). Due
to such TVS diode failure mode, operation of some electrical
circuits is degraded and some control signals are set at unexpected
levels. Further analysis indicated that combination of a TVS diode
failure with other systems failures could significantly reduce
flight safety.''
* * * * *
The unsafe condition is a leakage failure mode of TVS diodes used on
PDCU cards or GCU cards in the PPDB, which in combination with other
system failures could lead to loss of controllability of the
airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 days after the effective date of this AD, revise
the Abnormal Procedures and Limitations sections of the Dassault F7X
Airplane Flight Manual (AFM) to include the following statement.
This may be done by inserting copies of this AD into the AFM
Limitations section and Abnormal Procedures section.
``Upon display of ELEC:BUS MISCONFIG TIED in Crew Alerting
System (Abnormal procedure 3-190-20), land at nearest suitable
airport
Upon display of ELEC:LH ESS PWR LO or ELEC:LH ESS NO PWR
(Abnormal procedure 3-190-40), land at nearest suitable airport
Upon display of ELEC:RH ESS PWR LO and ELEC:RH ESS NO PWR
(Abnormal procedure 3-190-45), land at nearest suitable airport
Upon display of HYD:BACKUP PUMP HI TEMP (Abnormal procedure 3-
250-15), set off the pump and if the backup pump is still rotating
(green) in hydraulic synoptic, descend to a safe altitude or below
15,000 ft
Caution: These temporary amendments take precedence over the
same procedures displayed through the Electronic Check List (ECL) in
the aeroplane.''
Note 1: When a statement identical to that in paragraph (g) of
this AD has been included in the Limitations section and Abnormal
Procedures section in the general revisions of the AFM, the general
revisions may be inserted into the AFM, and the copy of this AD may
be removed.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) While the European Aviation Safety Agency (EASA) AD 2010-
0073, dated April 15, 2010, has a compliance time of ``after the
effective date of this AD,'' this AD requires that the actions be
done within 30 days after the effective date of this AD.
(2) This AD does not require the inspection of and on-condition
replacement of the PDCU and GCU cards in paragraph (3) of EASA AD
2010-0073, dated April 15, 2010, and this AD does not provide credit
for accomplishment of certain service bulletins in paragraph (4) of
EASA AD 2010-0073, dated April 15, 2010.
Other FAA AD Provisions
(h) 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. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0073, dated April 15, 2010, for related information.
Material Incorporated by Reference
(j) None.
[[Page 51934]]
Issued in Renton, Washington, on August 11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-20839 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-13-P
