32896 Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Rules and Regulations

spoilers, resulting in reduced controllability

of the airplane, accomplish the following:

Modification

(a) Within 12 months after the effective

date of this AD: Modify the pressure hoses

on each ground spoiler actuator, in

accordance with Bombardier Service Bulletin

7–27–90, dated September 3, 1999.

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, New York

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The modification shall be done in

accordance with Bombardier Service Bulletin

7–27–90, dated September 3, 1999. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Bombardier, Inc., Bombardier Regional

Aircraft Division, 123 Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, New York Aircraft Certification Office,

10 Fifth Street, Third Floor, Valley Stream,

New York; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–99–

29, dated November 3, 1999.

Effective Date

(e) This amendment becomes effective on

July 24, 2001.

Issued in Renton, Washington, on June 8,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–15088 Filed 6–18–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–291–AD; Amendment

39–12264; AD 2001–12–09]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Mystere-Falcon 900 and Falcon

900EX Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dassault Model

Mystere-Falcon 900 and Falcon 900EX

series airplanes, that requires

replacement of the protective screens of

the underfloor structure boxes at frame

25. This amendment is necessary to

prevent water from collecting and

freezing in the structure boxes at frame

25, which could result in jamming of

the flight controls and consequent

reduced controllability of the airplane.

This action is intended to address the

identified unsafe condition.

DATES: Effective July 24, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 24,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dassault Falcon Jet, P.O. Box 2000,

South Hackensack, New Jersey 07606.

This information may be examined at

the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Dassault

Model Mystere-Falcon 900 and Falcon

900EX series airplanes was published in

the Federal Register on October 30,

2000 (65 FR 64636). That action

proposed to require replacement of the

protective screens of the underfloor

structure boxes at frame 25.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Request To Revise Service Information

The manufacturer has advised the

FAA that, since the issuance of the

proposed rule, it has issued Dassault

Service Bulletin F900–232, Revision 1,

dated November 12, 1999 (for Model

Mystere-Falcon 900 series airplanes);

and Dassault Service Bulletin F900EX–

93, Revision 1, dated November 12,

1999 (for Model Falcon 900EX series

airplanes); and requests that the final

rule be revised to require

accomplishment of the actions in

accordance with these new revisions of

the service bulletins. The FAA agrees

with the manufacturer’s request. We

have reviewed and approved Revision 1

of these service bulletins, and find that

they are essentially identical to the

original versions (which were cited as

the appropriate sources of service

information for accomplishment of the

actions in the proposed rule). The final

rule has been revised to require

accomplishment of the actions in

accordance with either the original issue

or Revision 1 of the applicable service

bulletin.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

described previously. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

The FAA estimates that 127 Dassault

Model Mystere-Falcon 900 and Falcon

900EX series airplanes of U.S. registry

will be affected by this AD, that it will

take approximately 5 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $128 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $54,356, or $428 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted. The cost impact

Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Rules and Regulations 32897

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein 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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–12–09 Dassault Aviation:

Amendment 39–12264. Docket 2000–

NM–291–AD.

Applicability: Model Mystere-Falcon 900

series airplanes having serial numbers 1

through 177 inclusive; and Model Falcon

900EX series airplanes having serial numbers

1 through 41 inclusive; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent water from collecting and

freezing in the structure boxes at frame 25,

which could result in jamming of the flight

controls and consequent reduced

controllability of the airplane, accomplish

the following:

Screen Replacement

(a) Within 6 months after the effective date

of this AD: Remove the existing protective

screens that are riveted to the center beam

and are also bonded to the frame and to the

bottom of the underfloor structure boxes at

frame 25, and install new wider-mesh

screens that are riveted to the center beam

and bonded to the frame only. Accomplish

the actions in accordance with Dassault

Falcon 900 Service Bulletin 0232, dated

March 1999, or Dassault Service Bulletin

F900–232, Revision 1, dated November 12,

1999 (for Model Mystere-Falcon 900 series

airplanes); or Dassault Falcon 900EX Service

Bulletin 0093, dated March 1999, or Dassault

Service Bulletin F900EX–93, Revision 1,

dated November 12, 1999 (for Model Falcon

900EX series airplanes); as applicable.

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The actions shall be done in accordance

with Dassault Falcon 900 Service Bulletin

0232, dated March 1999; Dassault Service

Bulletin F900–232, Revision 1, dated

November 12, 1999; Dassault Falcon 900EX

Service Bulletin 0093, dated March 1999; or

Dassault Service Bulletin F900EX–93,

Revision 1, dated November 12, 1999; as

applicable. This incorporation by reference

was approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Dassault Falcon Jet, P.O. Box 2000,

South Hackensack, New Jersey 07606. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

Note 3: The subject of this AD is addressed

in French airworthiness directive 1999–446–

028(B), dated November 3, 1999.

Effective Date

(e) This amendment becomes effective on

July 24, 2001.

Issued in Renton, Washington, on June 6,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–14724 Filed 6–18–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8948]

RIN 1545–AY43

Minimum Cost Requirement Permitting

the Transfer of Excess Assets of a

Defined Benefit Pension Plan to a

Retiree Health Account

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

Income Tax Regulations relating to the

minimum cost requirement under

section 420, which permits the transfer

of excess assets of a defined benefit

pension plan to a retiree health account.

Pursuant to section 420(c)(3)(E), these

regulations provide that an employer

who significantly reduces retiree health

coverage during the cost maintenance

period does not satisfy the minimum

cost requirement of section 420(c)(3). In

addition, these regulations clarify the

circumstances under which an

employer is considered to have

significantly reduced retiree health