Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Proposed Rules 62629

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing amendment 39–12722 (67 FR 

19655, April 23, 2002) and adding the 

following new airworthiness directive 

(AD):

Airbus: Docket No. FAA–2004–19451; 

Directorate Identifier 2002–NM–138–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

November 26, 2004. 

Affected ADs 

(b) This AD supersedes AD 2002–08–14, 

amendment 39–12722 (67 FR 19655, April 

23, 2002). 

Applicability: (c) This AD applies to all 

Airbus Model A300 B2 and B4; A300 B4–

600, B4–600R, and F4–600R (collectively 

called A300–600); and A310 series airplanes; 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a decision 

by the FAA and a civil airworthiness 

authority to require modification or 

replacement of all affected parking brake 

operated valves (PBOV). We are issuing this 

AD to prevent loss of the yellow hydraulic 

system, which provides all the hydraulics for 

certain spoilers; elements of the hydraulics 

for flaps, stabilizer, pitch and yaw feel 

systems, pitch and yaw autopilot, and yaw 

damper; and elevator, rudder, and aileron. 

Compliance: (e) You are responsible for 

having the actions required by this AD 

performed within the compliance times 

specified, unless the actions have already 

been done. 

Restatement of Certain Requirements of AD 

2002–08–14

Inspection and Functional Check 

(f) Within 7 days after May 8, 2002 (the 

effective date of AD 2002–08–14, amendment 

39–12722), identify the part and serial 

number of the PBOV to determine whether 

the PBOV is an affected part, as identified by 

Airbus Service Bulletin A300–32A0441 (for 

Model A300 B2 and B4 series airplanes), 

A300–32A6087 (for Model A300–600 series 

airplanes), or A310–32A2124 (for Model 

A310 series airplanes), all dated September 

10, 2001; as applicable. 

(1) If the PBOV is NOT an affected part, no 

further action is required by this AD. 

(2) If the PBOV is an affected part: Except 

as required by paragraph (g) of this AD, prior 

to further flight, test the PBOV in accordance 

with the applicable service bulletin; and 

thereafter perform follow-on and corrective 

actions (including repetitive tests and repair 

of the PBOV or replacement with a 

serviceable PBOV) at the time specified by 

and in accordance with the service bulletin, 

as applicable. 

(g) If the applicable service bulletin 

identified in paragraph (f) of this AD 

specifies to contact ‘‘SEE32’’ for corrective 

action: Prior to further flight, perform the 

corrective action in accordance with a 

method approved by either the Manager, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, or the 

Direction Generale de l’Aviation Civile 

(DGAC) (or its delegated agent). 

Parts Installation 

(h) As of May 8, 2002 (the effective date 

of AD 2002–08–14) no person may install an 

affected PBOV on any airplane, unless that 

PBOV is in compliance with all applicable 

requirements of this AD. Affected PBOVs are 

identified by Airbus Service Bulletin A300–

32A0441 (for Model A300 B2 and B4 series 

airplanes), A300–32A6087 (for Model A300–

600 series airplanes), or A310–32A2124 (for 

Model A310 series airplanes), all dated 

September 10, 2001; as applicable. 

New Requirements of This AD 

PBOV Modification/Replacement 

(i) Within 7 months after the effective date 

of this AD: Modify all affected PBOVs, or 

replace them with new PBOVs, in accordance 

with Airbus Service Bulletin A300–32A0441 

(for Model A300 B2 and B4 series airplanes), 

A300–32A6087 (for Model A300–600 series 

airplanes), or A310–32A2124 (for Model 

A310 series airplanes), all dated September 

10, 2001; as applicable. The modification or 

replacement of all affected PBOVs terminates 

the requirements of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(k) French airworthiness directive 2001–

510(B) R1, dated May 15, 2002, also 

addresses the subject of this AD.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24033 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19449; Directorate 

Identifier 2004–NM–07–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–11 and MD–11F 

Airplanes Equipped With Pratt & 

Whitney PW4000 Series Engines

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain McDonnell Douglas Model MD–

11 and MD–11F airplanes equipped 

with Pratt & Whitney PW4000 series 

engines. This proposed AD would 

require, for each engine, replacing, with 

a tube assembly, the existing hose 

assembly that connects the oil pressure 

transmitter to the main oil circuit. This 

proposed AD is prompted by a report 

indicating that, for each engine, the 

existing hose assembly does not meet 

zero-flow fireproof capability 

requirements. We are proposing this AD 

to prevent, if there is an engine fire, 

failure of the oil pressure indicator and 

the low-oil pressure warning, which 

could result in an unannounced 

shutdown of that engine; and oil 

leakage, which may feed the engine fire.

DATES: We must receive comments on 

this proposed AD by December 13, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Samuel Lee, 

Aerospace Engineer, Propulsion Branch, 

ANM–140L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5262; 

fax (562) 627–5210. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

62630 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19449; Directorate Identifier 

2004–NM–07–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

We have received a report indicating 

that, on certain McDonnell Douglas 

Model MD–11 and MD–11F airplanes, 

the hose assembly that connects the oil 

pressure transmitter to the main oil 

circuit on Pratt & Whitney PW4000 

series engines does not meet zero-flow 

fireproof capability requirements. An oil 

line in this location should have zeroflow fireproofing, but the existing hose 

assembly provides only low-flow 

fireproofing. Low-flow fireproofing, if 

not corrected, could result in failure of 

the oil pressure indicator and the lowoil pressure warning if there is an 

engine fire, which could result in an 

unannounced shutdown of that engine; 

and oil leakage, which may feed the 

engine fire. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD11–79A008, dated 

December 11, 2001. The service bulletin 

describes procedures for replacing the 

existing hose assemblies that connect 

the oil pressure transmitters to the main 

oil circuit, with tube assemblies. The 

service bulletin also describes 

procedures for testing the engine oil 

system after the replacement. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition.

The service bulletin refers to Pratt & 

Whitney Alert Service Bulletin 

PW4MD11 A79–9, dated October 25, 

2001, as an additional source of service 

information for replacing the hose 

assemblies. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would 

require, for each engine, replacing the 

existing hose assembly that connects the 

oil pressure transmitter to the main oil 

circuit, with a tube assembly. The 

proposed AD would require you to use 

the Boeing service information 

described previously to perform these 

actions. 

Costs of Compliance 

This proposed AD would affect about 

76 airplanes worldwide, and 34 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this 

proposed AD.

ESTIMATED COSTS

Action Work 

hours 

Average

labor rate

per hour 

Parts Cost per

airplane 

Number of

U.S.

registered

airplanes 

Fleet cost 

Replacement ..................................... 2 $65 No charge ......................................... $130 34 $4,420 

Regulatory Findings 

We have 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 that the 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); 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Proposed Rules 62631

section for a location to examine the 

regulatory evaluation.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 airworthiness 

directive (AD):

McDonnell Douglas: Docket No. FAA–2004–

19449; Directorate Identifier 2004–NM–

07–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by December 13, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model MD–11 and MD–11F airplanes, as 

listed in Boeing Alert Service Bulletin 

MD11–79A008, dated December 11, 2001; 

certificated in any category; equipped with 

Pratt & Whitney PW4000 series engines. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that, for each engine, the existing 

hose assembly that connects the oil pressure 

transmitter to the main oil circuit does not 

meet zero-flow fireproof capability 

requirements. We are proposing this AD to 

prevent, if there is an engine fire, failure of 

the oil pressure indicator and the low-oil 

pressure warning, which could result in an 

unannounced shutdown of that engine; and 

oil leakage, which may feed the engine fire. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Replacement of Hose Assemblies 

(f) Within 18 months after the effective 

date of this AD: For each engine, replace the 

existing hose assembly, part number (P/N) 

113286, that connects the oil pressure 

transmitter to the main oil circuit, with tube 

assembly P/N 221–5318–501. Do the 

replacement in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD11–79A008, dated 

December 11, 2001.

Note 1: Boeing Alert Service Bulletin 

MD11–79A008 refers to Pratt & Whitney 

Alert Service Bulletin PW4MD11 A79–9, 

dated October 25, 2001, as an additional 

source of service information for replacing 

the hose assemblies.

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Los Angeles Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24032 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[REG–150562–03] 

RIN 1545–BC67 

Section 1045 Application to 

Partnerships; Hearing Cancellation

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Cancellation of public hearing 

on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on a notice of proposed 

rulemaking that relates to partnership 

and their partners. The notice of public 

hearing under section 1045 of the 

Internal Revenue Code appeared in the 

Federal Register on Thursday, July 15, 

2004, (69 FR 42370). The change in date 

of the public hearing and extension of 

time to submit outlines of oral 

comments appeared in the Federal 

Register on Thursday, September 2, 

2004, (69 FR 53664).

DATES: The public hearing originally 

scheduled for November 2, 2004, at 10 

a.m., changed to November 9, 2004, at 

10 a.m., has been cancelled.

FOR FURTHER INFORMATION CONTACT:

Sonya M. Cruse of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedures and Administration), at 

(202) 622–4693 (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Thursday, July 15, 

2004, (69 FR 42370), announced that a 

public hearing was scheduled for 

November 2, 2004, at 10 a.m., in the 

auditorium, Internal Revenue Service 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. The subject of 

the public hearing is under section 1045 

of the Internal Revenue Code. However, 

a change in date of public hearing; 

extension of time to submit outlines of 

oral comments notice that appeared in 

the Federal Register on September 2, 

2004, (69 FR 53664), announced that a 

public hearing was scheduled for 

November 9, 2004, at 10 a.m., in the 

auditorium, Internal Revenue Service 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. 

The public comment period for these 

regulations expired on October 19, 2004. 

The notice of proposed rulemaking 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak and an outline of the topics to 

be addressed. As of Friday, October 22, 

2004, no one has requested to speak. 

Therefore, the public hearing scheduled 

for November 9, 2004, is cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–24054 Filed 10–26–04; 8:45 am] 

BILLING CODE 4830–01–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 25 

[REG–163679–02] 

RIN 1545–BB72 

Qualified Interest; Hearing

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document provides 

notice of cancellation of a public 

hearing on proposed rulemaking 

relating to the gift tax special valuation 

rules.

DATES: The public hearing originally 

scheduled for Thursday, October 28, 

2004, at 10 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT: Guy 

R. Traynor, Procedures and 

Administration, Publications & 

Regulations Branch, at (202) 622–3693 

(not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Monday, July 26,