Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 77677

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19928; Directorate 

Identifier 2004–NE–27–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International (CFMI) CFM56–5, –5A, 

–5B, and –5C Series Turbofan 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 

CFM International (CFMI) CFM56–5, 

–5A, –5B, and –5C series turbofan 

engines. This proposed AD would 

require removing certain part number 

(P/N) air turbine starters from service. 

This proposed AD results from several 

reports of failures of uncontained air 

turbine starters where high-energy 

particles were not contained within the 

containment feature of the starter. We 

are proposing this AD to prevent 

uncontained failures of air turbine 

starters, which could result in damage 

to the airplane.

DATES: We must receive any comments 

on this proposed AD by February 28, 

2005.

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, S.W., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• 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. 

Contact CFM International, Technical 

Information Operation, One Neumann 

Way, Cincinnati; OH 45215–1988 for the 

service information identified in this 

proposed AD.

FOR FURTHER INFORMATION CONTACT:

James Rosa, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803–

5299; telephone (781) 238–7152; fax 

(781) 238–7199.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19928; Directorate Identifier 

2004–NE–27–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 received 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 the DMS 

web site, 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 may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78) or you may visit http://

dms.dot.gov.

Examining the AD Docket 

You may examine the docket that 

contains the proposal, any comments 

received, and any final disposition in 

person at the DMS Docket Offices 

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

through Friday, except Federal holidays. 

The Docket Office (telephone (800) 647–

5227) is on the plaza level of the 

Department of Transportation Nassif 

Building at the street address stated in 

ADDRESSES. Comments will be available 

in the AD docket shortly after the DMS 

receives them. 

Discussion 

The Direction Generale de L’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on CFMI CFM56–5, –5A, –5B, and 

–5C series turbofan engines. The DGAC 

advises that several uncontained 

failures of certain P/N air turbine 

starters where high-energy particles 

were not contained within the 

containment feature of the starter have 

occurred. This proposed AD would 

require removing the affected air turbine 

starters from service. This condition, if 

not corrected, could result in 

uncontained failures of air turbine 

starters, which could result in damage 

to the airplane. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of: 

• CFMI Service Bulletin (SB) No. 

(CFM56–5) 80–0018, Revision 1, dated 

November 26, 2003. 

• CFMI SB No. (CFM56–5) 80–0020, 

Revision 1, dated November 26, 2003. 

• CFMI SB No. (CFM56–5B) 80–0011, 

Revision 1, dated November 26, 2003. 

• CFMI SB No. (CFM56–5C) 80–0013, 

Revision 1, dated November 26, 2003. 

These service bulletins describe 

procedures for removal of the air turbine 

starter. The DGAC classified these 

service bulletins as mandatory and 

issued airworthiness directive AD F–

2003–456, Revision 2, dated September 

29, 2004 in order to ensure the 

airworthiness of these CFMI CFM56–5, 

–5A, –5B, and –5C series turbofan 

engines in France. 

Differences Between This Proposed AD 

and the Manufacturer’s Service 

Information 

The manufacturer’s service 

information requires compliance with 

the proposed requirements of this AD at 

the next shop visit of the engine or the 

next air turbine starter shop visit. This 

proposed AD only requires compliance 

at the next air turbine starter shop visit.

FAA’s Determination and Requirements 

of the Proposed AD 

These turbofan engines, manufactured 

in France, are type-certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. In keeping 

with this bilateral airworthiness 

agreement, the DGAC kept us informed 

of the situation described above. We 

have examined the DGAC’s findings, 

reviewed all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. We are proposing this AD, which 

would require removing certain P/N air 

turbine starters from service at the next 

turbine starter shop visit, but no later 

than December 31, 2009. 

Costs of Compliance 

There are about 3,579 CFMI CFM56–

5, –5A, –5B, and –5C series turbofan 

engines of the affected design in the 

worldwide fleet. We estimate that this 

77678 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 

proposed AD would affect 600 air 

turbine starters installed on airplanes of 

U.S. registry. We also estimate that it 

would take about 1 work hour per 

engine to perform the proposed actions, 

and that the average labor rate is $65 per 

work hour. Required parts would cost 

about $5,000 per air turbine starter. 

Based on these figures, we estimate the 

total cost of the proposed AD to U.S. 

operators to be $3,039,000. 

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 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. Would 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 summary of the costs 

to comply with this proposal and placed 

it in the AD Docket. You may get a copy 

of this summary at the address listed 

under ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD):

CFM International (CFMI): Docket No. FAA–

2004–19928; Directorate Identifier 2004–

NE–27–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

February 28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to CFMI CFM56–5, 

–5A, –5B, and ‘‘5C series turbofan engines 

with air turbine starters, part numbers (P/Ns) 

VIN 3505582–24 (301–807–004–0), VIN 

3505582–25 (301–807–005–0), VIN 3505582–

40 (301–781–203–0), VIN 3505582–41 (301–

806–602–0), VIN 3505582–42 (301–806–802–

0), VIN 3505582–60 (301–790–903–0), VIN 

3505582–61 (301–806–702–0), and VIN 

3505582–62 (301–806–902–0), installed. 

These engines are installed on, but not 

limited to, Airbus A319, A320, A321, and 

A340 airplanes. 

Unsafe Condition 

(d) This AD results from several reports of 

failures of uncontained air turbine starters 

where high-energy particles were not 

contained within the containment feature of 

the starter. We are issuing this AD to prevent 

uncontained failures of air turbine starters, 

which could result in damage to the airplane. 

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. 

Removing Air Turbine Starters 

(f) At the next air turbine starter shop visit, 

but no later than December 31, 2009, remove 

any air turbine starter, that has a P/N 

specified in this AD, from service. 

Prohibition of Air Turbine Starters Not 

Reworked or Remarked 

(g) After the effective date of this AD, do 

not install any air turbine starters, that have 

a P/N specified in this AD, into any engine. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) The following documents also pertain to 

the subject of this AD: 

(1) Direction Generale de L’Aviation Civile 

(DGAC) AD F–2003–456, Revision 2, dated 

September 29, 2004. 

(2) CFM International (CFMI) Service 

Bulletin (SB) No. (CFM56–5) 80–0018, 

Revision 1, dated November 26, 2003. 

(3) CFMI SB No. (CFM56–5) 80–0020, 

Revision 1, dated November 26, 2003. 

(4) CFMI SB No. (CFM56–5B) 80–0011, 

Revision 1, dated November 26, 2003. 

(5) CFMI SB No. (CFM56–5C) 80–0013, 

Revision 1, dated November 26, 2003.

Issued in Burlington, Massachusetts, on 

December 16, 2004. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 04–28384 Filed 12–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[REG–114726–04] 

RIN 1545–BD23 

Distribution From a Pension Plan 

Under a Phased Retirement Program; 

Hearing

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice of public hearing on 

proposed rulemaking. 

SUMMARY: This document contains a 

notice of public hearing on a proposed 

rulemaking that provide rules 

permitting distributions to be made 

from a pension plan under a phased 

retirement program and set forth 

requirements for a bona fide phased 

retirement program.

DATES: The public hearing is being held 

on March 14, 2005, at 10 a.m. The IRS 

must receive outlines of the topics to be 

discussed at the hearing by February 21, 

2005.

ADDRESSES: The public hearing is be 

held in the Auditorium, Internal 

Revenue Service Building, 1111 

Constitution Avenue, NW., Washington, 

DC. Send submissions to: 

CC:PA:LPD:PR (REG–114726–04), Room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m.