Interpretation of the Special Rule for Model Aircraft; Withdrawal, 14607-14608 [2019-07215]

Download as PDF Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations Regulatory Findings 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 that 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), (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. 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: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2019–06–08 Airbus SAS: Amendment 39– 19606; Docket No. FAA–2018–1063; Product Identifier 2018–NM–160–AD. (a) Effective Date This AD is effective May 16, 2019. (b) Affected ADs None. amozie on DSK9F9SC42PROD with RULES (c) Applicability This AD applies to all Airbus SAS Model A330–223, A330–223F, A330–321, A330– 322, and A330–323 airplanes, certificated in any category, all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 78, Engine exhaust. (e) Reason This AD was prompted by a report of fatigue cracking in the latch beam gussets on VerDate Sep<11>2014 16:02 Apr 10, 2019 Jkt 247001 a certain thrust reverser (T/R). We are issuing this AD to address this condition, which, if not detected and corrected, could lead to crack propagation until part failure and potential departure of the T/R cascade during T/R operation, which could result in damage to the airplane and hazards to persons or property on the ground. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, the European Aviation Safety Agency (EASA) AD 2018–0227, dated October 22, 2018 (‘‘EASA AD 2018–0227’’). (h) Exceptions to EASA AD 2018–0227 (1) For purposes of determining compliance with the requirements of this AD: Where EASA AD 2018–0227 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2018–0227 does not apply to this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j) 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 instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): For any service information referenced in EASA AD 2018–0227 that contains RC procedures and tests: Except as required by paragraph (i)(2) of this AD, RC procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 14607 airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Related Information For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3229. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Aviation Safety Agency (EASA) AD 2018–0227, dated October 22, 2018. (ii) [Reserved] (3) For EASA AD 2018–0227, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) You may view this EASA AD at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. EASA AD 2018–0227 may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2018–1063. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html. Issued in Des Moines, Washington, on March 25, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–07186 Filed 4–10–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. FAA–2014–0396] Interpretation of the Special Rule for Model Aircraft; Withdrawal Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of interpretation; withdrawal. AGENCY: E:\FR\FM\11APR1.SGM 11APR1 14608 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations This action withdraws the FAA’s interpretation of the special rule for model aircraft. That interpretation no longer is valid or necessary because Congress repealed the special rule for model aircraft. SUMMARY: 14 CFR Parts 1264 and 1271 RIN 2700–AE48 DATES: [Document Number NASA–19–003: Docket Number–NASA–2019–0002] FOR FURTHER INFORMATION CONTACT: Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2019 The interpretation published on June 25, 2014 (79 FR 36172) is withdrawn as of April 11, 2019. Jonathan W. Cross, Regulations Division, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202–267–7173; email: jonathan.cross@faa.gov. Section 336 of the FAA Modernization and Reform Act of 2012 (FMRA) established the special rule for model aircraft (Pub. L. 112–95, Feb. 14, 2012). On June 25, 2014, the FAA published an interpretation of that special rule with a request for comments (79 FR 36172). The interpretation clarified, among other things, that: (1) Model aircraft must satisfy all criteria of section 336(a) to qualify as model aircraft and be exempt from future FAA rulemaking; and (2) the FAA retains enforcement authority against operators who endanger the safety of the national airspace system. The FAA received more than 18,000 comments from organizations and individuals to the interpretation. Section 349 of the FAA Reauthorization Act of 2018 repealed section 336 of FMRA and replaced it with a new exception to conduct limited recreational operations of unmanned aircraft without FAA certification or operating authority (Pub. L. 115–254, Oct. 5, 2018). As a result of the repeal of the special rule for model aircraft, the FAA’s June 25, 2014, interpretation is no longer valid or necessary. Accordingly, the FAA is withdrawing the interpretation. Because that interpretation is withdrawn, the FAA will take no further action to respond to any comments to the interpretation. SUPPLEMENTARY INFORMATION: amozie on DSK9F9SC42PROD with RULES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Issued in Washington, DC, on March 12, 2019. Daniel K. Elwell, Acting Administrator. [FR Doc. 2019–07215 Filed 4–10–19; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:02 Apr 10, 2019 Jkt 247001 Correction In rule document 2019–06555 appearing on pages 13114–13115 in the issue of April 4, 2019, make the following correction: § 1264.102 [Corrected] On page 13115, in the second column, in amendatory instruction 2, the fifth line ‘‘(b)(1)(iii)’’ should read ‘‘(b)(1)(ii)’’. ■ [FR Doc. C1–2019–06555 Filed 4–10–19; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 190130021–9021–01] RIN 0694–AH73 Revisions to the Unverified List (UVL) Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding fifty (50) persons to the Unverified List (‘‘UVL’’), removing ten (10) persons, and adding an additional address for one (1) person currently listed on the UVL. The fifty persons are added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control. BIS is adding a new address for one person as BIS has determined that this person is receiving exports from the United States at an additional address. DATES: This rule is effective: April 11, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of Enforcement Analysis, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–4255 or by email at UVLRequest@bis.doc.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Background The Unverified List, found in Supplement No. 6 to Part 744 to the EAR, contains the names and addresses of foreign persons who are or have been parties to a transaction, as that such parties are described in § 748.5 of the EAR, involving the export, reexport, or transfer (in-country) of items subject to the EAR, and whose bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) BIS has been unable to verify through an end-use check. BIS may add persons to the UVL when BIS or federal officials acting on BIS’s behalf have been unable to verify a foreign person’s bona fides because an end-use check, such as a pre-license check (PLC) or a post-shipment verification (PSV), cannot be completed satisfactorily for such purposes for reasons outside the U.S. Government’s control. There are occasions where, for a number of reasons, end-use checks cannot be completed. These include reasons unrelated to the cooperation of the foreign party subject to the end-use check. For example, BIS sometimes initiates end-use checks and cannot find a foreign party at the address indicated on export documents and cannot locate the party by telephone or email. Additionally, BIS sometimes is unable to conduct end-use checks when host government agencies do not respond to requests to conduct end-use checks, are prevented from scheduling such checks by a party to the transaction other than the foreign party that is the proposed subject of the end-use check, or refuse to schedule them in a timely manner. Under these circumstances, although BIS has an interest in informing the public of its inability to verify the foreign party’s bona fides, there may not be sufficient information to add the foreign person at issue to the Entity List under § 744.11 of the EAR (Criteria for revising the Entity List). In such circumstances, BIS may add the foreign person to the UVL. Furthermore, BIS sometimes conducts end-use checks but cannot verify the bona fides of a foreign party. For example, BIS may be unable to verify bona fides if during the conduct of an end-use check a recipient of items subject to the EAR is unable to produce those items for visual inspection or provide sufficient documentation or other evidence to confirm the disposition of those items. The inability of foreign persons subject to end-use checks to demonstrate their bona fides raises concerns about the suitability of such persons as participants in future exports, reexports, or transfers (in- E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Rules and Regulations]
[Pages 14607-14608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07215]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2014-0396]


Interpretation of the Special Rule for Model Aircraft; Withdrawal

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of interpretation; withdrawal.

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[[Page 14608]]

SUMMARY: This action withdraws the FAA's interpretation of the special 
rule for model aircraft. That interpretation no longer is valid or 
necessary because Congress repealed the special rule for model 
aircraft.

DATES: The interpretation published on June 25, 2014 (79 FR 36172) is 
withdrawn as of April 11, 2019.

FOR FURTHER INFORMATION CONTACT: Jonathan W. Cross, Regulations 
Division, Office of the Chief Counsel, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
7173; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 336 of the FAA Modernization and 
Reform Act of 2012 (FMRA) established the special rule for model 
aircraft (Pub. L. 112-95, Feb. 14, 2012). On June 25, 2014, the FAA 
published an interpretation of that special rule with a request for 
comments (79 FR 36172). The interpretation clarified, among other 
things, that: (1) Model aircraft must satisfy all criteria of section 
336(a) to qualify as model aircraft and be exempt from future FAA 
rulemaking; and (2) the FAA retains enforcement authority against 
operators who endanger the safety of the national airspace system. The 
FAA received more than 18,000 comments from organizations and 
individuals to the interpretation.
    Section 349 of the FAA Reauthorization Act of 2018 repealed section 
336 of FMRA and replaced it with a new exception to conduct limited 
recreational operations of unmanned aircraft without FAA certification 
or operating authority (Pub. L. 115-254, Oct. 5, 2018).
    As a result of the repeal of the special rule for model aircraft, 
the FAA's June 25, 2014, interpretation is no longer valid or 
necessary. Accordingly, the FAA is withdrawing the interpretation. 
Because that interpretation is withdrawn, the FAA will take no further 
action to respond to any comments to the interpretation.

    Issued in Washington, DC, on March 12, 2019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-07215 Filed 4-10-19; 8:45 am]
 BILLING CODE 4910-13-P

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