Airworthiness Directives; Dassault Aviation Airplanes, 59315-59318 [2019-23990]
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Proposed Rules
Federal Register
Vol. 84, No. 213
Monday, November 4, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 810
RIN 1994–AA05
Assistance to Foreign Atomic Energy
Activities
National Nuclear Security
Administration (NNSA), Department of
Energy (DOE).
ACTION: Extension of public comment
period.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is extending the public
comment period for its proposed rule
establishing procedures for the
imposition of civil penalties for
violations of certain provisions of the
Atomic Energy Act of 1954 (AEA). The
notice of proposed rulemaking (NOPR)
provided for a public comment period
ending November 4, 2019. On October
18, 2019 DOE received a comment
requesting a 90-day comment period
extension and a public meeting. DOE is
extending the public comment period
for submitting comments on the NOPR
by 30 days to December 4, 2019.
DATES: The comment period for the
proposed rulemaking published on
October 3, 2019, 84 FR 52819, is
extended. Comments, data, and
information regarding this rulemaking
must be submitted no later than
December 4, 2019.
ADDRESSES: Interested persons may
submit comments, identified by RIN
1994–AA05, by any of the following
methods:
1. Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: Part810@nnsa.doe.gov.
Include RIN 1994–AA05 in the subject
line of the message.
3. Mail: Katie Strangis, Office of
Nonproliferation and Arms Control,
NA–24, National Nuclear Security
Administration, Department of Energy,
1000 Independence Avenue SW,
Washington, DC 20585. Due to potential
delays in DOE’s receipt and processing
SUMMARY:
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17:22 Nov 01, 2019
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of mail sent through the U.S. Postal
Service, DOE encourages responders to
submit comments electronically to
ensure timely receipt.
All submissions must include the RIN
for this rulemaking, RIN 1994–AA05.
For detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of the NOPR at 84 FR 52822. For
access to the docket to read background
documents, or comments received, go to
the Federal Rulemaking Portal at
https://www.regulations.gov/
document?D=DOE_FRDOC_0001-3863.
FOR FURTHER INFORMATION CONTACT: Ms.
Katie Strangis, Senior Policy Advisor,
Office of Nonproliferation and Arms
Control (NPAC), National Nuclear
Security Administration, Department of
Energy, 1000 Independence Avenue
SW, Washington, DC 20585, telephone
(202) 586–8623 or email Katie.Strangis@
nnsa.doe.gov; Mr. Thomas Reilly, Office
of the General Counsel, GC–53,
Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585, telephone (202) 586–3417; or
Mr. Zachary Stern, Office of the General
Counsel, National Nuclear Security
Administration, Department of Energy,
1000 Independence Avenue SW,
Washington, DC 20585, telephone (202)
586–8627.
SUPPLEMENTARY INFORMATION: On
October 3, 2019, DOE published a NOPR
in the Federal Register (84 FR 52819) to
propose procedures for the imposition
of civil penalties for violations of the
provisions of the Atomic Energy Act of
1954 (AEA) that restrict participation by
U.S. persons in the development or
production of special nuclear material
outside of the United States. The
proposed procedures would be
incorporated in the DOE regulations on
Assistance to Foreign Atomic Energy
Activities (10 CFR part 810). Comments
on the proposed procedures were due
by November 4, 2019. On October 18,
2019, DOE received a comment from
Nuclear Energy Institute (NEI)
requesting a 90-day comment period
extension. DOE has reviewed the NEI
request and considered the benefit to
the public in providing additional time
for comments on the NOPR. DOE has
also considered the fact that timely
implementation of this rule is important
for national security, since the proposed
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civil penalties procedures would serve
to deter illicit transfers of controlled
nuclear technology and assistance.
Accordingly, DOE has determined
that an extension of the comment period
is appropriate and is hereby extending
the comment period by 30 days, until
December 4, 2019. DOE has determined
to not hold a public meeting because the
resources necessary to do so are greater
than the benefit that could be achieved.
DOE assesses that a 30 day extension
strikes an appropriate balance between
the requestor’s desire for additional time
and the national security benefits of
implementing this rulemaking on a
timely basis.
Signed in Washington, DC, on October 25,
2019.
Sean Oehlbert,
Director, Office of Nonproliferation Policy.
[FR Doc. 2019–23922 Filed 11–1–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0860; Product
Identifier 2019–NM–123–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2019–03–14, which applies to certain
Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C,
D, E, F, and G airplanes. AD 2019–03–
14 requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new
maintenance requirements and
airworthiness limitations. Since AD
2019–03–14 was issued, the FAA has
determined that new or more restrictive
airworthiness limitations are necessary.
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA is
SUMMARY:
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Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Proposed Rules
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by December 19,
2019.
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
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: Deliver to Mail
address above 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
https://www.dassaultfalcon.com. You
may view this referenced service
information 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.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0860; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0860; Product
Identifier 2019–NM–123–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
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overall regulatory, economic,
environmental, and energy aspects of
this proposed AD. The FAA will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Discussion
The FAA issued AD 2019–03–14,
Amendment 39–19566 (84 FR 7269,
March 4, 2019) (‘‘AD 2019–03–14’’), for
certain Dassault Aviation Model FAN
JET FALCON, FAN JET FALCON
SERIES C, D, E, F, and G airplanes. AD
2019–03–14 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new maintenance requirements and
airworthiness limitations. AD 2019–03–
14 resulted from a determination that
new or more restrictive airworthiness
limitations are necessary. The FAA
issued AD 2019–03–14 to address,
among other things, fatigue cracking and
damage in principal structural elements;
such fatigue cracking and damage could
result in reduced structural integrity of
the airplane.
Actions Since AD 2019–03–14 Was
Issued
Since AD 2019–03–14 was issued, the
FAA has determined that new or more
restrictive airworthiness limitations are
necessary.
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0142, dated June 17, 2019
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Dassault Aviation
Model FAN JET FALCON, FAN JET
FALCON SERIES C, D, E, F, and G
airplanes.
This proposed AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is issuing this AD
to address continued structural integrity
of the airplane. See the MCAI for
additional background information.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0860.
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Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40–01, Airworthiness Limitations,
Revision 10, dated January 1, 2019, of
the Dassault Aviation Falcon 20
Maintenance Manual, specifically for
aircraft that have incorporated the
supplemental structural inspection
program (SSIP). This service
information describes airworthiness
limitations for safe life limits.
This proposed AD would also require
Chapter 5–40–01, Airworthiness
Limitations, DMD 44729, Revision 9,
dated November 29, 2017, of the
Dassault Aviation Falcon 20
Maintenance Manual, which the
Director of the Federal Register
approved for incorporation by reference
as of April 8, 2019 (84 FR 7269, March
4, 2019).
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
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. The FAA is proposing
this AD because the agency evaluated
all the relevant information and
determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would retain all
requirements of AD 2019–03–14. This
proposed AD would also require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (l)(1) of this proposed AD.
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Costs of Compliance
The FAA estimates that this proposed
AD affects 61 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2019–03–14 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the FAA recognizes
that this number may vary from operator
to operator. In the past, the FAA has
estimated that this action takes 1 workhour per airplane. Since operators
incorporate maintenance or inspection
program changes for their affected
fleet(s), the FAA has determined that a
per-operator estimate is more accurate
than a per-airplane estimate.
The FAA estimates the total cost per
operator for the new proposed actions to
be $7,650 (90 work-hours × $85 per
work-hour).
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.
The FAA is 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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
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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) Will not affect intrastate aviation
in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2019–03–14, Amendment 39–19566 (84
FR 7269, March 4, 2019); and adding the
following new AD:
■
Dassault Aviation: Docket No. FAA–2019–
0860; Product Identifier 2019–NM–123–
AD.
(a) Comments Due Date
The FAA must receive comments by
December 19, 2019.
(b) Affected ADs
(1) This AD replaces AD 2019–03–14,
Amendment 39–19566 (84 FR 7269, March 4,
2019) (‘‘AD 2019–03–14’’).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (‘‘AD 2010–26–05’’).
(c) Applicability
This AD applies to Dassault Aviation
Model FAN JET FALCON, FAN JET FALCON
SERIES C, D, E, F, and G airplanes,
certificated in any category, on which the
supplemental structural inspection program
(SSIP) has been incorporated into the
airplane’s maintenance program.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time limits/maintenance
checks.
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59317
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address, among other things,
fatigue cracking and damage in principal
structural elements; such fatigue cracking
and damage could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Revision, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2019–03–14, with no
changes. Within 90 days after April 8, 2019
(the effective date of AD 2019–03–14), revise
the existing maintenance or inspection
program, as applicable, to incorporate the
information specified in Chapter 5–40–01,
Airworthiness Limitations, DMD 44729,
Revision 9, dated November 29, 2017, of the
Dassault Aviation Falcon 20 Maintenance
Manual. The initial compliance time for
doing the tasks is at the time specified in
Chapter 5–40–01, Airworthiness Limitations,
DMD 44729, Revision 9, dated November 29,
2017, of the Dassault Aviation Falcon 20
Maintenance Manual, or within 90 days after
April 8, 2019 (the effective date of AD 2019–
03–14), whichever occurs later. Where the
threshold column in the table in paragraph
B, Mandatory Maintenance Operations, of
Chapter 5–40–01, Airworthiness Limitations,
DMD 44729, Revision 9, dated November 29,
2017, of the Dassault Aviation Falcon 20
Maintenance Manual specifies a compliance
time in years, those compliance times start
from the date of issuance of the original
airworthiness certificate or date of issuance
of the original export certificate of
airworthiness.
(h) Retained No Alternative Actions or
Intervals With a New Exception
This paragraph restates the requirements of
paragraph (h) of AD 2019–03–14, with a new
exception. Except as required by paragraph
(i) of this AD, after accomplishing the
revision required by paragraph (g) of this AD,
no alternative actions (e.g., inspections) or
intervals may be used unless the actions and
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
(i) New Requirement of This AD:
Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Chapter 5–40–01, Airworthiness Limitations,
Revision 10, dated January 1, 2019, of the
Dassault Aviation Falcon 20 Maintenance
Manual. The initial compliance time for
doing the tasks is at the time specified in
Chapter 5–40–01, Airworthiness Limitations,
Revision 10, dated January 1, 2019, of the
Dassault Aviation Falcon 20 Maintenance
Manual, or within 90 days after the effective
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date of this AD, whichever occurs later.
Where the threshold column in the table in
paragraph B, Mandatory Maintenance
Operations, of Chapter 5–40–01,
Airworthiness Limitations, Revision 10,
dated January 1, 2019, of the Dassault
Aviation Falcon 20 Maintenance Manual
specifies a compliance time in years, those
compliance times start from the date of
issuance of the original airworthiness
certificate or the original export certificate of
airworthiness. Accomplishing the actions
required by this paragraph terminates the
actions required by paragraph (g) of this AD.
(j) New No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (i) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an AMOC in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
(k) Terminating Actions for Certain Actions
in AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E,
F, and G airplanes.
(l) 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 (m)(2) of this AD. Information may
be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov.
(i) 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.
(ii) AMOCs approved previously for AD
2019–03–14 are approved as AMOCs for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, 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 Section, Transport
Standards Branch, FAA; or the European
Union 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.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2019–0142, dated June 17, 2019, for related
information. This MCAI may be found in the
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AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0860.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
(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 https://
www.dassaultfalcon.com. You may view this
service information 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.
Issued in Des Moines, Washington, on
October 29, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–23990 Filed 11–1–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–123112–19]
RIN 1545–BP51
The Treatment of Certain Interests in
Corporations as Stock or Indebtedness
Internal Revenue Service (IRS),
Treasury.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
This document announces
that the Department of the Treasury
(Treasury Department) and the IRS
intend to issue proposed regulations
regarding the treatment of certain
interests in corporations as stock or
indebtedness and requests comments
from the public regarding the
contemplated rules. This document also
announces that, following the expiration
of the 2016 Temporary Regulations
(described in the Background section of
this advance notice of proposed
rulemaking), a taxpayer may rely on the
2016 Proposed Regulations (also
described in the Background) until
further notice is given in the Federal
Register, provided that the taxpayer
consistently applies the rules in the
2016 Proposed Regulations in their
entirety.
DATES: Written or electronic comments
must be received by February 3, 2020.
ADDRESSES: Submit electronic
submissions via the Federal
SUMMARY:
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eRulemaking Portal at https://
www.regulations.gov (indicate IRS and
REG–123112–19) by following the
online instructions for submitting
comments. Once submitted to the
Federal eRulemaking Portal, comments
cannot be edited or withdrawn. The
Treasury Department and the IRS will
publish for public availability any
comment received to its public docket,
whether submitted electronically or in
hard copy. Send hard copy submissions
to: CC:PA:LPD:PR (REG–123112–19),
Room 5203, Internal Revenue Service,
P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposals, Azeka J.
Abramoff at (202) 317–6938; concerning
submissions of comments, Regina
Johnson at (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background
I. Overview
Section 385 authorizes the Secretary
of the Treasury or his delegate
(Secretary) to prescribe rules to
determine whether an interest in a
corporation is treated as stock or
indebtedness (or as in part stock and in
part indebtedness). On October 21,
2016, the Treasury Department and the
IRS published T.D. 9790 in the Federal
Register (81 FR 72858), which included
final regulations under section 385 and
temporary regulations under section 385
(Temporary Regulations). On the same
date, the Treasury Department and the
IRS also published a notice of proposed
rulemaking (REG–130314–16) in the
Federal Register (81 FR 72751) (2016
Proposed Regulations) by crossreference to the Temporary Regulations,
which include §§ 1.385–3T and 1.385–
4T. Technical corrections to the final
regulations and the Temporary
Regulations were published in the
Federal Register (82 FR 8169) on
January 24, 2017.
The final regulations under section
385, the Temporary Regulations, and the
2016 Proposed Regulations address the
classification of certain related-party
debt as debt or equity for Federal tax
purposes. Treasury Decision 9790
included rules set forth in § 1.385–2,
which establish minimum
documentation requirements that
ordinarily must be satisfied in order for
debt obligations among related parties to
be treated as debt for Federal tax
purposes (Documentation Regulations).
Treasury Decision 9790 also included
§§ 1.385–3, 1.385–3T, and 1.385–4T,
which treat as stock certain debt that is
issued by a corporation to a controlling
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]]>Agencies
[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Proposed Rules]
[Pages 59315-59318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23990]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0860; Product Identifier 2019-NM-123-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: The FAA proposes to supersede Airworthiness Directive (AD)
2019-03-14, which applies to certain Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2019-03-
14 requires revising the existing maintenance or inspection program, as
applicable, to incorporate new maintenance requirements and
airworthiness limitations. Since AD 2019-03-14 was issued, the FAA has
determined that new or more restrictive airworthiness limitations are
necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA is
[[Page 59316]]
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December
19, 2019.
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 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: Deliver to Mail address above 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 https://www.dassaultfalcon.com. You may view this referenced service
information 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.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0860; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0860;
Product Identifier 2019-NM-123-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD based on those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The FAA issued AD 2019-03-14, Amendment 39-19566 (84 FR 7269, March
4, 2019) (``AD 2019-03-14''), for certain Dassault Aviation Model FAN
JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2019-
03-14 requires revising the existing maintenance or inspection program,
as applicable, to incorporate new maintenance requirements and
airworthiness limitations. AD 2019-03-14 resulted from a determination
that new or more restrictive airworthiness limitations are necessary.
The FAA issued AD 2019-03-14 to address, among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane.
Actions Since AD 2019-03-14 Was Issued
Since AD 2019-03-14 was issued, the FAA has determined that new or
more restrictive airworthiness limitations are necessary.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0142, dated June 17, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Dassault Aviation Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is issuing
this AD to address continued structural integrity of the airplane. See
the MCAI for additional background information.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0860.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40-01, Airworthiness
Limitations, Revision 10, dated January 1, 2019, of the Dassault
Aviation Falcon 20 Maintenance Manual, specifically for aircraft that
have incorporated the supplemental structural inspection program
(SSIP). This service information describes airworthiness limitations
for safe life limits.
This proposed AD would also require Chapter 5-40-01, Airworthiness
Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the
Dassault Aviation Falcon 20 Maintenance Manual, which the Director of
the Federal Register approved for incorporation by reference as of
April 8, 2019 (84 FR 7269, March 4, 2019).
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
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. The FAA is proposing this AD because the
agency evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would retain all requirements of AD 2019-03-14.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD.
[[Page 59317]]
Costs of Compliance
The FAA estimates that this proposed AD affects 61 airplanes of
U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2019-03-14 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
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.
The FAA is 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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA 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) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2019-03-14, Amendment 39-19566 (84 FR 7269, March 4, 2019); and adding
the following new AD:
Dassault Aviation: Docket No. FAA-2019-0860; Product Identifier
2019-NM-123-AD.
(a) Comments Due Date
The FAA must receive comments by December 19, 2019.
(b) Affected ADs
(1) This AD replaces AD 2019-03-14, Amendment 39-19566 (84 FR
7269, March 4, 2019) (``AD 2019-03-14'').
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').
(c) Applicability
This AD applies to Dassault Aviation Model FAN JET FALCON, FAN
JET FALCON SERIES C, D, E, F, and G airplanes, certificated in any
category, on which the supplemental structural inspection program
(SSIP) has been incorporated into the airplane's maintenance
program.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address, among other things, fatigue cracking and
damage in principal structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2019-03-14, with no changes. Within 90 days after April 8, 2019 (the
effective date of AD 2019-03-14), revise the existing maintenance or
inspection program, as applicable, to incorporate the information
specified in Chapter 5-40-01, Airworthiness Limitations, DMD 44729,
Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon
20 Maintenance Manual. The initial compliance time for doing the
tasks is at the time specified in Chapter 5-40-01, Airworthiness
Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the
Dassault Aviation Falcon 20 Maintenance Manual, or within 90 days
after April 8, 2019 (the effective date of AD 2019-03-14), whichever
occurs later. Where the threshold column in the table in paragraph
B, Mandatory Maintenance Operations, of Chapter 5-40-01,
Airworthiness Limitations, DMD 44729, Revision 9, dated November 29,
2017, of the Dassault Aviation Falcon 20 Maintenance Manual
specifies a compliance time in years, those compliance times start
from the date of issuance of the original airworthiness certificate
or date of issuance of the original export certificate of
airworthiness.
(h) Retained No Alternative Actions or Intervals With a New Exception
This paragraph restates the requirements of paragraph (h) of AD
2019-03-14, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revision required by
paragraph (g) of this AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions and intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (l)(1) of this AD.
(i) New Requirement of This AD: Maintenance or Inspection Program
Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40-01,
Airworthiness Limitations, Revision 10, dated January 1, 2019, of
the Dassault Aviation Falcon 20 Maintenance Manual. The initial
compliance time for doing the tasks is at the time specified in
Chapter 5-40-01, Airworthiness Limitations, Revision 10, dated
January 1, 2019, of the Dassault Aviation Falcon 20 Maintenance
Manual, or within 90 days after the effective
[[Page 59318]]
date of this AD, whichever occurs later. Where the threshold column
in the table in paragraph B, Mandatory Maintenance Operations, of
Chapter 5-40-01, Airworthiness Limitations, Revision 10, dated
January 1, 2019, of the Dassault Aviation Falcon 20 Maintenance
Manual specifies a compliance time in years, those compliance times
start from the date of issuance of the original airworthiness
certificate or the original export certificate of airworthiness.
Accomplishing the actions required by this paragraph terminates the
actions required by paragraph (g) of this AD.
(j) New No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (l)(1) of this AD.
(k) Terminating Actions for Certain Actions in AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (i) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FAN JET FALCON, FAN JET FALCON
SERIES C, D, E, F, and G airplanes.
(l) 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 (m)(2) of this AD. Information
may be emailed to [email protected].
(i) 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.
(ii) AMOCs approved previously for AD 2019-03-14 are approved as
AMOCs for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 Section, Transport Standards
Branch, FAA; or the European Union 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.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0142, dated June 17, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0860.
(2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3226.
(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 https://www.dassaultfalcon.com. You may view this service information 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.
Issued in Des Moines, Washington, on October 29, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-23990 Filed 11-1-19; 8:45 am]
BILLING CODE 4910-13-P
