Airworthiness Directives; Dassault Aviation Airplanes, 24606-24611 [2017-10545]

Download as PDF 24606 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules (3) Pratt & Whitney Canada Service Bulletin PW300–72–47202, Revision 2, also referred to as 47202R2, dated January 5, 2016. (m) 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 manager of the International Branch, send it to the attention of the person identified in paragraph (n)(2) of this AD. 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. (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 EASA; or Dassault Aviation’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. sradovich on DSK3GMQ082PROD with PROPOSALS (n) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016–0063, dated March 31, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2017–0496. (2) For more information about this AD, 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. (3) For Dassault service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; Internet http:// www.dassaultfalcon.com. For Pratt & Whitney Canada service information identified in this AD, contact Pratt & Whitney Canada Corp., 1000 Marie-Victorin, Longueuil, Quebec, Canada, J4G 1A1; telephone 800–268–8000; fax 450–647–2888; Internet http://www.pwc.ca. 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. VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 Issued in Renton, Washington, on May 15, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–10543 Filed 5–26–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0494; Directorate Identifier 2016–NM–126–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) 2016–17– 02 for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2016–17–02 currently requires revising the airplane flight manual (AFM) to include procedures to follow when an airplane is operating in icing conditions. AD 2016–17–02 also provides optional actions after which the AFM revision may be removed from the AFM. Since we issued AD 2016–17– 02, we have determined additional actions are necessary to address the identified unsafe condition. This proposed AD would retain the requirement of AD 2016–17–02 and, in addition, require a detailed inspection of the wing anti-ice system ducting (anti-ice pipes) for the presence of a diaphragm, and replacement of ducting or re-identification of the ducting part marking. We are proposing this AD to address the unsafe condition on these products. SUMMARY: We must receive comments on this proposed AD by July 14, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://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– DATES: PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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 NPRM, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; Internet http://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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0494; 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. 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. FOR FURTHER INFORMATION CONTACT: 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–2017–0494; Directorate Identifier 2016–NM–126–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 http:// 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. E:\FR\FM\30MYP1.SGM 30MYP1 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS Discussion On August 5, 2016, we issued AD 2016–17–02, Amendment 39–18615 (81 FR 55366, August 19, 2016) (‘‘AD 2016– 17–02’’), for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2016–17–02 was prompted by a design review of inproduction airplanes that identified a deficiency in certain wing anti-ice system ducting. A deficiency in the wing anti-ice system ducting could lead to undetected, reduced performance of the wing anti-ice system, with potential ice accretion and ingestion, possibly resulting in degraded engine power and degraded handling characteristics of the airplane. AD 2016–17–02 requires revising the AFM to include procedures to follow when an airplane is operating in icing conditions. AD 2016–17–02 also provides optional actions after which the AFM revision may be removed from the AFM. We issued AD–2016–17–02 to ensure the flight crew has procedures for operating an airplane in icing conditions. When we issued AD 2016–17–02, we stated that it was an interim action and we were considering additional rulemaking to require a detailed inspection of the wing anti-icing system ducting for the presence of a diaphragm and, as applicable, re-identification or replacement of the wing anti-icing system ducting (these actions are required by the MCAI). We have determined that requiring those additional actions are necessary to address the identified unsafe condition. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency Airworthiness Directive 2016–0130–E, dated July 5, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. The MCAI states: A design review of in production aeroplanes identified a manufacturing deficiency of some wing anti-ice system ducting. This condition, if not detected and corrected, could lead to an undetected reduced performance of the wing anti-ice system, with potential ice accretion and ingestion, possibly resulting in degraded engine power and degraded handling characteristics. The Falcon 900EX EASY and Falcon . . . [2000EX] Aircraft Flight Manuals (AFM) contain a normal procedure 4–200–05A, ‘‘Operations in Icing Conditions’’, addressing minimum fan speed rotation (N1) during combined operation of wing anti-ice and engine anti-ice systems. The subsequent VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 investigation demonstrated that the wing anti-ice system performance for aeroplanes equipped with ducting affected by the manufacturing deficiency can be restored increasing N1 value. In addition, Dassault Aviation published Service Bulletin (SB) F900EX–464 (for Falcon 900EX aeroplanes) and SB F2000EX–393 (for Falcon 2000EX aeroplanes), providing instructions for wing anti-ice system ducting inspection. For the reasons described above, this [EASA] AD requires an AFM amendment and a one-time [detailed] inspection of the wing anti-ice system ducting [and, as applicable, a check of the part number,] and, depending on findings, re-identification or replacement of the wing anti-ice system ducting. You may examine the MCAI in the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0494. Related Service Information Under 1 CFR Part 51 Dassault has issued Service Bulletin F900EX–464, dated June 20, 2016; and Service Bulletin F2000EX–393, dated June 20, 2016. The service information describes procedures for an inspection of the wing anti-ice system ducting and re-identification or replacement of the wing anti-ice system ducting. These documents are distinct since they apply to different airplane models. 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. 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 condition exists and is likely to exist or develop on other products of these same type designs. Costs of Compliance We estimate that this proposed AD affects 52 airplanes of U.S. registry. The action required by AD 2016–17– 02, and retained in this proposed AD takes about 1 work-hour per product, at an average labor rate of $85 per workhour. Based on these figures, the estimated cost of the action that is required by AD 2016–17–02 is $85 per product. We also estimate that it would take about 4 work-hours per product to PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 24607 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 $17,680, or $340 per product. In addition, we estimate that any necessary follow-on actions would take about 19 work-hours and require parts costing $24,000, for a cost of $25,615 per product. We have no way of determining the number of aircraft that might need these actions. 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. E:\FR\FM\30MYP1.SGM 30MYP1 24608 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2016–17–02, Amendment 39–18615 (81 FR 55366, August 19, 2016), and adding the following new AD: ■ Dassault Aviation: Docket No. FAA–2017– 0494; Directorate Identifier 2016–NM– 126–AD. sradovich on DSK3GMQ082PROD with PROPOSALS (a) Comments Due Date We must receive comments by July 14, 2017. VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 (b) Affected ADs This AD replaces AD 2016–17–02, Amendment 39–18615 (81 FR 55366, August 19, 2016) (‘‘AD 2016–17–02’’). system with potential ice accretion and ingestion, and could result in degraded engine power and degraded handling characteristics. (c) Applicability This AD applies to the Dassault Aviation airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. (1) Model Falcon 900EX airplanes, serial numbers (S/Ns) 270 through 291 inclusive and 294. (2) Model FALCON 2000EX airplanes, S/ Ns 263 through 305 inclusive, 307 through 313 inclusive, 315, 320, and 701 through 734 inclusive. (f) Compliance (d) Subject Air Transport Association (ATA) of America Code 30, Ice and Rain Protection. (e) Reason This AD was prompted by a design review of in-production airplanes that identified a deficiency in certain wing anti-ice system ducting. We are issuing this AD to detect and correct a deficiency in the wing anti-ice system ducting, which could result in reduced performance of the wing anti-ice PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision to the Airplane Flight Manual (AFM), With No Changes This paragraph restates the requirements of paragraph (g) of AD 2016–17–02, with no changes. (1) For Model Falcon 900EX airplanes on which the actions specified in Dassault Service Bulletin F900EX–464 have not been accomplished: Within 10 flight cycles after September 6, 2016 (the effective date of AD 2016–17–02), revise Section 4–200–05A, ‘‘OPERATION IN ICING CONDITIONS,’’ of the Model Falcon 900EX AFM to include the information in figure 1 to paragraph (g)(1) of this AD, and thereafter operate the airplane accordingly. The AFM revision may be done by inserting a copy of this AD into the AFM. BILLING CODE 4910–13–P E:\FR\FM\30MYP1.SGM 30MYP1 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules 24609 Figure 1 to Paragraph (g)(l) of this AD- Operation in Icing Conditions Wings Anti-Ice System Operation During in-flight operation of a wings anti-ice system (WINGS ANTI-ICE) maintain the Nl of all engines equal to or more than the values defined in Table 1, as applicable to atmospheric condition. Table 1 New Minimum Nl values required during in-flight operation of a wings anti-ice system Th ree operat 1ve engmes: - 30to -20 oc TAT -20 to - 10 oc - 10 to 0°C + 10 oc 79% 75% 71% 66% 76% 73% 66% 59% 68% 66% 61% 58% Above 20,000 ft From 20,000 ft to 10,000 ft Below 10,000 ft 0 to These new values include 3% increase compared to former values (4-200-05A page 1/2). Two operative engmes: - 30to -20 oc TAT -20 to - 10 oc - 10 to 0°C + 10 oc 86% 82% 78% 73% 83% 80% 73% 66% 75% 73% 68% 65% Above 20,000 ft From 20,000 ft to 10,000 ft Below 10,000 ft 0 to These new values include 3% increase compared to former values (4-200-05A page 1/2). TAT- Total Air Temperature Note 1: Maintaining the Nl above the minimum anti-ice Nl on all engines may lead to exceedance of approach speed. Early approach or landing configuration of an airplane and/or application of airbrakes may be used to control the airspeed. In approach and landing and for a limited duration up to three minutes, selection ofNl speeds below the minimum anti-ice Nl speed is authorized. In this case it is necessary to disengage the autothrottle. BILLING CODE 4910–13–C (2) For Model Falcon 2000EX airplanes on which the actions specified in Dassault Service Bulletin F2000EX–393 have not been accomplished: Within 10 flight cycles after VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 September 6, 2016 (the effective date of AD 2016–17–02), revise Section 4–200–05A, ‘‘OPERATION IN ICING CONDITIONS,’’ of the Model Falcon 2000EX AFM to include the information in figure 2 to paragraph (g)(2) PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 of this AD, and thereafter operate the airplane accordingly. The AFM revision may be done by inserting a copy of this AD into the AFM. BILLING CODE 4910–13–P E:\FR\FM\30MYP1.SGM 30MYP1 EP30MY17.007</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Effectivity: F900EX (LX variant) SIN 270 to 291, 294 without DassaultAviation SB F900EX-464. 24610 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules Figure 2 to Paragraph (g)(2) of this AD - Operation in Icing Conditions Wing Anti Ice System Operation During in-flight operation of a wing anti-ice system (WING ANTI-ICE) maintain the Nl of both engines equal to or more than the values defined in Table 1, as applicable to atmospheric condition. Table 1 New Minimum Nl values required during in-flight operation of a wing anti-ice system Two engines operative minimum Nl: ~ 31,000 ft 22,000 ft 3,000 ft Oft -30 °C -15 °C 0°C +l0°C 74.6 72.4 57.3 54.9 67.6 63.7 54.9 54.9 52.8 52.8 49.4 49.4 52.8 52.1 48.8 48.8 These new values include 2% increase compared to former values (4-200-05A page 1/2). One engine oJerative or one bleed inoperative minimum Nl: ~ 31,000 ft 22,000 ft 3,000 ft Oft -30 °C -15 °C 0°C +l0°C 82.4 79.2 71.2 64.2 77.0 72.0 66.4 63.7 64.0 59.8 59.8 59.8 58.0 56.6 49.3 49.3 These new values include 2% increase compared to former values (4-200-05A page 1/2). TAT- Total Air Temperature Z- Altitude Note 1: Maintaining the Nl above the minimum anti-ice Nl on all engines may lead to exceedance of approach speed. Early approach or landing configuration of an aeroplane and/or application of airbrakes may be used to control the airspeed. In approach and landing and for a limited duration up to three minutes, selection ofNl speeds below the minimum anti-ice Nl speed is authorized. In this case it is necessary to disengage the autothrottle. BILLING CODE 4910–13–C (h) New Actions: Inspection, Part Replacement, Part Re-identification Within 9 months after the effective date of this AD: Do a detailed inspection of the wing VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 anti-ice system ducting (anti-ice pipes) for the presence of a diaphragm, and do all applicable actions specified in paragraph (h)(1) or (h)(2) of this AD, in accordance with the Accomplishment Instructions of Dassault Service Bulletin F900EX–464, dated June 20, PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 2016; or Service Bulletin F2000EX–393, dated June 20, 2016; as applicable. After the applicable actions specified in paragraph (h)(1) or (h)(2) of this AD have been completed, the AFM revision required by E:\FR\FM\30MYP1.SGM 30MYP1 EP30MY17.008</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Effectivity: F2000EX (LX/S variants) SIN 263 to 305, 307to 313,315,320,701 to 734 without Dassault Aviation SB F2000EX-393. Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules paragraph (g) of this AD may be removed from the AFM for that airplane. (1) If during the inspection required by paragraph (h) of this AD it is determined that a diaphragm is present: Before further flight, replace the wing anti-ice system ducting. (2) If during the inspection required by paragraph (h) of this AD it is determined that a diaphragm is not present: Before further flight, do a check of the anti-ice pipe part number and re-identify the wing anti-ice system ducting. Issued in Renton, Washington, on May 15, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (i) Other FAA AD Provisions Food and Drug Administration 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 the attention of the person identified in paragraph (j)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@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. (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 (EASA); or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. sradovich on DSK3GMQ082PROD with PROPOSALS (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Emergency Airworthiness Directive 2016– 0130–E, dated July 5, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017–0494. (2) For more information about this AD, 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. (3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; Internet http:// 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. VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 [FR Doc. 2017–10545 Filed 5–26–17; 8:45 am] BILLING CODE 4910–13–P 24611 will request an environmental assessment and make it available for public inspection. Dated: May 23, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–11010 Filed 5–26–17; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES BILLING CODE 4164–01–P LIBRARY OF CONGRESS Copyright Royalty Board 21 CFR Part 573 [Docket No. FDA–2017–F–2130] 37 CFR Part 387 BASF Corp.; Filing of Food Additive Petition (Animal Use) [Docket No. 15–CRB–0010–CA–S] AGENCY: Food and Drug Administration, HHS. ACTION: The Food and Drug Administration (FDA) is announcing that BASF Corp. has filed a petition proposing that the food additive regulations be amended to provide for the safe use of formic acid as a feed acidifying agent in complete poultry feeds. DATES: The food additive petition was filed on February 10, 2017. FOR FURTHER INFORMATION CONTACT: Chelsea Trull, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240–402–6729, Chelsea.trull@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a food additive petition (FAP 2301) has been filed by BASF Corp., 100 Park Ave., Florham Park, NJ 07932. The petition proposes to amend Title 21 of the Code of Federal Regulations (CFR) in part 573 (21 CFR part 573) Food Additives Permitted in Feed and Drinking Water of Animals to provide for the safe use of formic acid as a feed acidifying agent in complete poultry feeds. The petitioner has claimed that this action is categorically excluded under 21 CFR 25.32(r) because it is of a type that does not individually or cumulatively have a significant effect on the human environment. In addition, the petitioner has stated that to their knowledge, no extraordinary circumstances exist. If FDA determines a categorical exclusion applies, neither an environmental assessment nor an environmental impact statement is required. If FDA determines a categorical exclusion does not apply, we PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 Copyright Royalty Board, Library of Congress. ACTION: Notice of settlement and proposed rule. AGENCY: Notice of petition. SUMMARY: Adjustment of Cable Statutory License Royalty Rates The Copyright Royalty Judges (Judges) publish for comment proposed regulations to require covered cable systems to pay a separate per-telecast royalty (a Sports Surcharge) in addition to the other royalties that that cable system must pay under Section 111 of the Copyright Act. DATES: Comments are due no later than June 20, 2017. ADDRESSES: Submit electronic comments via email to crb@loc.gov or online at http://www.regulations.gov. Those who choose not to submit comments electronically should see How to Submit Comments in the Supplementary Information section below for physical addresses and further instructions. The proposed rule is also posted on the agency’s Web site (www.loc.gov/crb). FOR FURTHER INFORMATION CONTACT: Anita Brown-Blaine, Program Specialist, by telephone at (202) 707–7658, or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background On January 11, 2017, the Copyright Royalty Judges (Judges) received a motion from the Joint Sports Claimants (JSC),1 the NCTA-The Internet and Television Association, and the American Cable Association, which represent that they are the only parties to this proceeding, notifying the Judges 1 The Joint Sports Claimants are the Office of the Commissioner of Baseball, the National Football League, the National Basketball Association, the Women’s National Basketball Association, the National Hockey League, and the National Collegiate Athletic Association. E:\FR\FM\30MYP1.SGM 30MYP1

Agencies

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24606-24611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10545]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0494; Directorate Identifier 2016-NM-126-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) 2016-17-
02 for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX 
airplanes. AD 2016-17-02 currently requires revising the airplane 
flight manual (AFM) to include procedures to follow when an airplane is 
operating in icing conditions. AD 2016-17-02 also provides optional 
actions after which the AFM revision may be removed from the AFM. Since 
we issued AD 2016-17-02, we have determined additional actions are 
necessary to address the identified unsafe condition. This proposed AD 
would retain the requirement of AD 2016-17-02 and, in addition, require 
a detailed inspection of the wing anti-ice system ducting (anti-ice 
pipes) for the presence of a diaphragm, and replacement of ducting or 
re-identification of the ducting part marking. We are proposing this AD 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 14, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 W12-140, 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 NPRM, contact Dassault 
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South 
Hackensack, NJ 07606; telephone 201-440-6700; Internet http://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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0494; 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-2017-0494; 
Directorate Identifier 2016-NM-126-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 http://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.

[[Page 24607]]

Discussion

    On August 5, 2016, we issued AD 2016-17-02, Amendment 39-18615 (81 
FR 55366, August 19, 2016) (``AD 2016-17-02''), for certain Dassault 
Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2016-17-02 
was prompted by a design review of in-production airplanes that 
identified a deficiency in certain wing anti-ice system ducting. A 
deficiency in the wing anti-ice system ducting could lead to 
undetected, reduced performance of the wing anti-ice system, with 
potential ice accretion and ingestion, possibly resulting in degraded 
engine power and degraded handling characteristics of the airplane. AD 
2016-17-02 requires revising the AFM to include procedures to follow 
when an airplane is operating in icing conditions. AD 2016-17-02 also 
provides optional actions after which the AFM revision may be removed 
from the AFM. We issued AD-2016-17-02 to ensure the flight crew has 
procedures for operating an airplane in icing conditions.
    When we issued AD 2016-17-02, we stated that it was an interim 
action and we were considering additional rulemaking to require a 
detailed inspection of the wing anti-icing system ducting for the 
presence of a diaphragm and, as applicable, re-identification or 
replacement of the wing anti-icing system ducting (these actions are 
required by the MCAI). We have determined that requiring those 
additional actions are necessary to address the identified unsafe 
condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency Airworthiness Directive 2016-0130-E, dated July 5, 2016 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX 
airplanes. The MCAI states:

    A design review of in production aeroplanes identified a 
manufacturing deficiency of some wing anti-ice system ducting.
    This condition, if not detected and corrected, could lead to an 
undetected reduced performance of the wing anti-ice system, with 
potential ice accretion and ingestion, possibly resulting in 
degraded engine power and degraded handling characteristics.
    The Falcon 900EX EASY and Falcon . . . [2000EX] Aircraft Flight 
Manuals (AFM) contain a normal procedure 4-200-05A, ``Operations in 
Icing Conditions'', addressing minimum fan speed rotation (N1) 
during combined operation of wing anti-ice and engine anti-ice 
systems. The subsequent investigation demonstrated that the wing 
anti-ice system performance for aeroplanes equipped with ducting 
affected by the manufacturing deficiency can be restored increasing 
N1 value. In addition, Dassault Aviation published Service Bulletin 
(SB) F900EX-464 (for Falcon 900EX aeroplanes) and SB F2000EX-393 
(for Falcon 2000EX aeroplanes), providing instructions for wing 
anti-ice system ducting inspection.
    For the reasons described above, this [EASA] AD requires an AFM 
amendment and a one-time [detailed] inspection of the wing anti-ice 
system ducting [and, as applicable, a check of the part number,] 
and, depending on findings, re-identification or replacement of the 
wing anti-ice system ducting.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0494.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Service Bulletin F900EX-464, dated June 20, 
2016; and Service Bulletin F2000EX-393, dated June 20, 2016. The 
service information describes procedures for an inspection of the wing 
anti-ice system ducting and re-identification or replacement of the 
wing anti-ice system ducting. These documents are distinct since they 
apply to different airplane models. 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.

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

Costs of Compliance

    We estimate that this proposed AD affects 52 airplanes of U.S. 
registry.
    The action required by AD 2016-17-02, and retained in this proposed 
AD takes about 1 work-hour per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the action 
that is required by AD 2016-17-02 is $85 per product.
    We also estimate that it would take about 4 work-hours 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 $17,680, or $340 
per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 19 work-hours and require parts costing $24,000, for a cost 
of $25,615 per product. We have no way of determining the number of 
aircraft that might need these actions.

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.

[[Page 24608]]

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) 
2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 2016), and 
adding the following new AD:

Dassault Aviation: Docket No. FAA-2017-0494; Directorate Identifier 
2016-NM-126-AD.

(a) Comments Due Date

    We must receive comments by July 14, 2017.

(b) Affected ADs

    This AD replaces AD 2016-17-02, Amendment 39-18615 (81 FR 55366, 
August 19, 2016) (``AD 2016-17-02'').

(c) Applicability

    This AD applies to the Dassault Aviation airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model Falcon 900EX airplanes, serial numbers (S/Ns) 270 
through 291 inclusive and 294.
    (2) Model FALCON 2000EX airplanes, S/Ns 263 through 305 
inclusive, 307 through 313 inclusive, 315, 320, and 701 through 734 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by a design review of in-production 
airplanes that identified a deficiency in certain wing anti-ice 
system ducting. We are issuing this AD to detect and correct a 
deficiency in the wing anti-ice system ducting, which could result 
in reduced performance of the wing anti-ice system with potential 
ice accretion and ingestion, and could result in degraded engine 
power and degraded handling characteristics.

(f) Compliance

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

(g) Retained Revision to the Airplane Flight Manual (AFM), With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2016-17-02, with no changes.
    (1) For Model Falcon 900EX airplanes on which the actions 
specified in Dassault Service Bulletin F900EX-464 have not been 
accomplished: Within 10 flight cycles after September 6, 2016 (the 
effective date of AD 2016-17-02), revise Section 4-200-05A, 
``OPERATION IN ICING CONDITIONS,'' of the Model Falcon 900EX AFM to 
include the information in figure 1 to paragraph (g)(1) of this AD, 
and thereafter operate the airplane accordingly. The AFM revision 
may be done by inserting a copy of this AD into the AFM.
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[[Page 24609]]

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    (2) For Model Falcon 2000EX airplanes on which the actions 
specified in Dassault Service Bulletin F2000EX-393 have not been 
accomplished: Within 10 flight cycles after September 6, 2016 (the 
effective date of AD 2016-17-02), revise Section 4-200-05A, 
``OPERATION IN ICING CONDITIONS,'' of the Model Falcon 2000EX AFM to 
include the information in figure 2 to paragraph (g)(2) of this AD, 
and thereafter operate the airplane accordingly. The AFM revision 
may be done by inserting a copy of this AD into the AFM.
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[[Page 24610]]

[GRAPHIC] [TIFF OMITTED] TP30MY17.008

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(h) New Actions: Inspection, Part Replacement, Part Re-identification

    Within 9 months after the effective date of this AD: Do a 
detailed inspection of the wing anti-ice system ducting (anti-ice 
pipes) for the presence of a diaphragm, and do all applicable 
actions specified in paragraph (h)(1) or (h)(2) of this AD, in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin F900EX-464, dated June 20, 2016; or Service Bulletin 
F2000EX-393, dated June 20, 2016; as applicable. After the 
applicable actions specified in paragraph (h)(1) or (h)(2) of this 
AD have been completed, the AFM revision required by

[[Page 24611]]

paragraph (g) of this AD may be removed from the AFM for that 
airplane.
    (1) If during the inspection required by paragraph (h) of this 
AD it is determined that a diaphragm is present: Before further 
flight, replace the wing anti-ice system ducting.
    (2) If during the inspection required by paragraph (h) of this 
AD it is determined that a diaphragm is not present: Before further 
flight, do a check of the anti-ice pipe part number and re-identify 
the wing anti-ice system ducting.

(i) 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 the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (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 (EASA); or Dassault Aviation's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Emergency Airworthiness Directive 2016-0130-E, dated July 5, 
2016, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0494.
    (2) For more information about this AD, 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.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://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.

    Issued in Renton, Washington, on May 15, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10545 Filed 5-26-17; 8:45 am]
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