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. 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 77679

to CC:PA:LPD:PR (REG–114726–04), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC, or sent electronically, 

via the IRS Internet site at http://

www.irs.gov/regs or via the Federal 

eRulemaking Portal at http://

www.regulations.gov (IRS and REG–

114726–04).

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Cathy Vohs, 

(202) 622–6090; concerning 

submissions, the hearing, and/or 

placement on the building access list to 

attend the hearing, Sonya M. Cruse of 

the Publications and Regulations 

Branch, Legal Processing Division, 

Associate Chief Counsel (Procedures 

and Administration), at (202) 622–4693 

(not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background 

The subject of the public hearing is 

the notice of proposed rulemaking 

(REG–114726–04) that was published in 

the Federal Register on Wednesday, 

November 10, 2004 (69 FR 65108). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. 

Persons who have submitted written 

comments and wish to present oral 

comments at the hearing, must submit 

an outline of the topics to be discussed 

and the amount of time to be devoted 

to each topic (signed original and eight 

(8) copies) by February 21, 2005. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. 

After the deadline for receiving 

outlines has passed, the IRS will 

prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available, free of 

charge, at the hearing. 

Because of access restrictions, the IRS 

will not admit visitors beyond the 

immediate entrance area more than 15 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

document.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–28328 Filed 12–27–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[REG–114726–04] 

RIN 1545–BD23 

Distributions From a Pension Plan 

Under a Phased Retirement Program; 

Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking that was published in the 

Federal Register on November 10, 2004 

(69 FR 65108), providing 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.

FOR FURTHER INFORMATION CONTACT:

Cathy A. Vohs (202) 622–6090 (not a 

toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–114726–04) that is the subject of 

this correction is under section 401(a) of 

the Internal Revenue Code. 

Need for Correction 

As published, REG–114726–04 

contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking (REG–

114726–04), that was the subject of FR 

Doc. 04–24874, is corrected as follows: 

1. On page 65111, column 2, in the 

preamble under the paragraph heading 

‘‘Explanation of Provisions’’, fourth 

paragraph, line 9, the language, 

‘‘retirement benefit, commencing a 

later’’ is corrected to read ‘‘retirement 

benefit, commencing at a later’’. 

2. On page 65112, column 1, in the 

preamble under the paragraph heading 

‘‘Explanation of Provisions’’, first 

paragraph, line 1, the language, ‘‘the 

continued availability of heath’’ is 

corrected to read ‘‘the continued 

availability of health’’. 

3. On page 65112, column 1, in the 

preamble under the paragraph heading 

‘‘Explanation of Provisions’’, first 

paragraph, line 6, the language, ‘‘rules 

relating to heath coverage.’’ is corrected 

to read ‘‘rules relating to health 

coverage.’’

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration).

[FR Doc. 04–28329 Filed 12–27–04; 8:45 am] 

BILLING CODE 4830–01–P

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4000 and 4010 

RIN 1212–AB01 

Electronic Filing—Annual Financial 

and Actuarial Information

AGENCY: Pension Benefit Guaranty 

Corporation.

ACTION: Proposed rule.

SUMMARY: This proposed rule would 

require that certain identifying, 

financial, and actuarial information be 

filed electronically in a standardized 

format. In addition, the proposed rule 

would require the filing of additional 

items of supporting information that are 

readily available to the filer. Finally, the 

proposed rule would require a filer for 

the previous year who does not believe 

a filing is required for the current year 

to demonstrate why there is no current 

filing requirement. The proposed rule 

would benefit filers by streamlining the 

filing process and would enhance the 

PBGC’s ability to effectively administer 

the pension insurance program.

DATES: Comments must be received on 

or before January 27, 2005. See ‘‘30-day 

comment period’’ below.

ADDRESSES: Comments may be mailed to 

the Office of the General Counsel, 

Pension Benefit Guaranty Corporation, 

1200 K Street, NW., Washington, DC 

20005–4026, or delivered to Suite 340 at 

the above address. Comments also may 

be submitted electronically through the 

PBGC’s Web site at http://

www.pbgc.gov/regs, or by fax to 202–

326–4112. The PBGC will make all 

comments available on its Web site, 

http://www.pbgc.gov. Copies of the 

comments may also be obtained by 

writing to the PBGC’s Communications 

and Public Affairs Department at Suite 

240 at the above address or by visiting 

that office or calling 202–326–4040 

during normal business hours. (TTY and 

TDD users may call the Federal relay 

service toll-free at 1–800–877–8339 and 

ask to be connected to 202–326–4040.)

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General 

Counsel, or James L. Beller, Attorney,