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.

Proposed Rules Federal Register

61220 

Vol. 78, No. 192 

Thursday, October 3, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0862; Directorate 

Identifier 2012–NM–098–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Dassault Aviation Model FALCON 2000 

and FALCON 2000EX airplanes. This 

proposed AD was prompted by a 

determination that new center of gravity 

(CG) limits applicable during takeoff 

with a Slat/Flap SF2 setting are 

necessary. This proposed AD would 

require revising the airplane flight 

manual (AFM) to include procedures to 

advise the flightcrew of the new CG 

limits. We are proposing this AD to 

prevent an erratic takeoff path and 

consequent reduced controllability of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by November 18, 

2013. 

ADDRESSES: You may send comments 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 Dassault service information 

identified in this proposed AD, contact 

Dassault Falcon Jet, P.O. Box 2000, 

South Hackensack, NJ 07606; telephone 

201–440–6700; Internet http://

www.dassaultfalcon.com. For Aviation 

Partners Inc. service information 

identified in this proposed AD, contact 

Aviation Partners Inc., 7299 Perimeter 

Road South, Seattle, WA 98108; 

telephone 800–946–4638; Internet 

http://www.aviationpartners.com. You 

may review copies of the 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; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this 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–2013–0862; Directorate Identifier 

2012–NM–098–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. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2012–0081, 

dated May 14, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

During a test flight on a Falcon 2000EX 

equipped with winglets (commercial 

designation Falcon 2000LX), performed for 

the certification of a maximum takeoff weight 

increase, the aeroplane took off and 

experienced unsatisfactory control 

characteristics under specific combined 

conditions of loading, slat-flap setting and 

horizontal tailplane trim setting. The weight 

and the Center of Gravity (CG) of the 

aeroplane during that test flight were within 

the already certified limits. 

This condition, if not corrected, could 

result in an erratic take-off path and reduced 

control of the aeroplane, which could 

ultimately jeopardize the aeroplane safe 

flight. 

To address this condition, Dassault 

Aviation developed Change Proposal (CP) 

036 to the Airplane Flight Manual (AFM), 

which introduced new CG limits which are 

applicable during take-off with Slat/Flap SF2 

setting. 

Since issuance of EASA PAD 11–077, 

Dassault Aviation issued a normal AFM 

revision currently at revision 15, which 

incorporates Dassault Aviation CP 036. 

For the reasons described above, this 

[EASA] AD requires amendment of the 

applicable AFM to ensure that the flight crew 

applies the appropriate operational 

procedure. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Dassault Aviation has issued Revision 

15 to the Falcon 2000EX EASy, 2000DX, 

and 2000LX Airplane Flight Manual 

(AFM) DGT88898, dated October 30, 

2011 (for Model 2000EX airplanes). 

Aviation Partners Inc. has issued 

AFM Supplement APF2–0601, Code 

002, Revision 3, dated June 1, 2012 (for 

Model FALCON 2000 airplanes), and 

AFM Supplement APF2–0601, Code 

001, Revision 4, dated June 1, 2012 (for 

Model FALCON 2000EX airplanes). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules 61221 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

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 the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

The applicability in the MCAI 

specifies Dassault Aviation Model 

Falcon 2000EX airplanes on which 

Dassault Aviation modification M2848 

or Dassault Aviation Technical 

Instructions TI–F2000EX–M2846–ME or 

TI–F2000EX–M3118/M2846–ME has 

been embodied for the installation of 

winglets; including serial number 602. 

However, the applicability in this 

proposed AD would also include Model 

FALCON 2000 and Model FALCON 

2000EX airplanes modified by Aviation 

Partners Incorporated Supplemental 

Type Certificate (STC) Number 

ST01987SE (installation of winglets). 

We have determined that this group of 

airplanes is subject to the same unsafe 

condition as the airplanes identified in 

the MCAI. In addition, the applicability 

in this AD would exclude Model 

FALCON F2000EX airplanes on which 

Dassault Modification M3254 or 

Dassault Service Bulletin F2000EX–300, 

Revision 1, dated May 17, 2013, has 

been embodied. We have determined 

that this group of airplanes is not 

subject to the same unsafe condition as 

the airplanes identified in the MCAI. 

Although the MCAI does not include 

revising the AFM by incorporating the 

CG limits in Aviation Partners AFM 

Supplement APF2–0601, Code 002, 

Revision 3, dated June 1, 2012 (for 

Model FALCON 2000 airplanes), and 

AFM Supplement APF2–0601, Code 

001, Revision 4, dated June 1, 2012 (for 

Model FALCON 2000EX airplanes); that 

requirement is included in this 

proposed AD. 

These differences have been 

coordinated with EASA. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 69 products of U.S. registry. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$5,865, or $85 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 adding 

the following new AD: 

Dassault Aviation: Docket No. FAA–2013– 

0862; Directorate Identifier 2012–NM– 

098–AD. 

(a) Comments Due Date 

We must receive comments by November 

18, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Dassault Aviation 

airplanes; certificated in any category; as 

identified in paragraphs (c)(1) and (c)(2) of 

this AD; except Model FALCON F2000EX 

airplanes on which Dassault Modification 

M3254 or Dassault Service Bulletin 

F2000EX–300, Revision 1, dated May 17, 

2013, has been embodied. 

(1) Model FALCON 2000EX airplanes on 

which Dassault Aviation modification M2848 

or Dassault Aviation Technical Instructions 

TI–F2000EX–M2846–ME or TI–F2000EX– 

M3118/M2846–ME has been embodied for 

the installation of winglets; including serial 

number 602. 

(2) Model FALCON 2000 and FALCON 

2000EX airplanes modified by Aviation 

Partners Incorporated Supplemental Type 

Certificate (STC) ST01987SE (installation of 

winglets). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 

(e) Reason 

This AD was prompted by a determination 

that new center of gravity (CG) limits 

applicable during takeoff with a Slat/Flap 

SF2 setting are necessary. We are issuing this 

AD to prevent an erratic takeoff path and 

consequent reduced controllability of the 

airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
61222 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules 

1See Amendments to Regulation D, Form D and 

Rule 156, Release No. 33–9416 (July 10, 2013) [78 

FR 44806 (July 24, 2013)]. 

(g) Airplane Flight Manual (AFM) Revision 

Within 14 days after the effective date of 

this AD: Revise the AFM by incorporating the 

CG limits in sub-sections 1–050–05C, Issue 2, 

and 1–050–05D, Issue 1, of the Weights and 

Loading Limitations section of the Dassault 

Aviation Falcon 2000EX EASy, 2000DX, and 

2000LX AFM DGT88898, Revision 15, dated 

October 30, 2012 (for airplanes identified in 

paragraph (c)(1) of this AD); or by 

incorporating the CG limits in Aviation 

Partners Inc. AFM Supplement APF2–0601, 

Code 002, Revision 3, dated June 1, 2012 (for 

Model FALCON 2000 airplanes identified in 

paragraph (c)(2) of this AD), or AFM 

Supplement APF2–0601, Code 001, Revision 

4, dated June 1, 2012 (for Model FALCON 

2000EX airplanes identified in paragraph 

(c)(2) of this AD). 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1137; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(i) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2012–0081, dated 

May 14, 2012, for related information. 

Issued in Renton, Washington, on 

September 25, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–24216 Filed 10–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 230 and 239 

[Release No. 33–9458; Release No. 34– 

70538; Release No. IC–30737; File No. 

S7–06–13] 

RIN 3235–AL46 

Amendments to Regulation D, Form D 

and Rule 156; Re-Opening of Comment 

Period 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: On July 10, 2013, the 

Securities and Exchange Commission 

issued for comment a number of 

proposed amendments to Regulation D, 

Form D and Rule 156 under the 

Securities Act in Release No. 33–9416 

(July 10, 2013). In light of the public 

interest in the proposed amendments, 

the Commission is re-opening the 

comment period to permit interested 

persons additional time to analyze and 

comment on the proposed amendments. 

DATES: The comment period for the 

proposed rule published at 78 FR 44806 

on July 24, 2013, is reopened until 

November 4, 2013. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/proposed.shtml); 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

06–13 on the subject line; or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–06–13. This file number 

should be included on the subject line 

if email is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/

proposed.shtml). Comments are also 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Charles Kwon, Special Counsel, Office 

of Chief Counsel, or Karen C. 

Wiedemann, Attorney Fellow, Office of 

Small Business Policy, Division of 

Corporation Finance, at (202) 551–3500; 

or, with respect to private funds, 

Melissa Gainor or Alpa Patel, Senior 

Counsels, Investment Adviser 

Regulation Office, Division of 

Investment Management, at (202) 551– 

6787, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In July 2013, the Commission issued 

for comment a number of proposed 

amendments to Regulation D, Form D 

and Rule 156 under the Securities Act.1

These proposed amendments are 

intended to enhance the Commission’s 

ability to evaluate the development of 

market practices in Rule 506 offerings 

and to address concerns that may arise 

in connection with permitting issuers to 

engage in general solicitation and 

general advertising under new 

paragraph (c) of Rule 506. Specifically, 

the proposed amendments to Regulation 

D would require the filing of a Form D 

in Rule 506(c) offerings before the issuer 

engages in general solicitation; require 

the filing of a closing amendment to 

Form D after the termination of any Rule 

506 offering; require written general 

solicitation materials used in Rule 

506(c) offerings to include certain 

legends and other disclosures; require 

the submission, on a temporary basis, of 

written general solicitation materials 

used in Rule 506(c) offerings to the 

Commission; and disqualify an issuer 

from relying on Rule 506 for one year 

for future offerings if the issuer, or any 

predecessor or affiliate of the issuer, did 

not comply, within the last five years, 

with Form D filing requirements in a 

Rule 506 offering. The proposed 

amendments to Form D would require 

an issuer to include additional 

information about offerings conducted 

in reliance on Regulation D. Finally, the 

proposed amendments to Rule 156 

would extend the antifraud guidance 


tkelley on DSK3SPTVN1PROD with PROPOSALS