Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 6003 

(ii) ACSS Service Bulletin 8008222–001, 

Revision 01, dated February 4, 2011 (ATA 

Service Bulletin 9003500–34–6015). 

(iii) ACSS Service Bulletin 8008223–001, 

Revision 01, dated February 4, 2011 (ATA 

Service Bulletin 9003500–34–6016). 

(iv) ACSS Service Bulletin 8008229–001, 

Revision 02, dated June 28, 2011 (ATA 

Service Bulletin 7517900–34–6040). 

(v) ACSS Service Bulletin 8008230–001, 

Revision 02, dated June 28, 2011 (ATA 

Service Bulletin 4066010–34–6036). 

(vi) ACSS Service Bulletin 8008231–001, 

Revision 02, dated June 28, 2011 (ATA 

Service Bulletin 7517900–34–6041). 

(vii) ACSS Service Bulletin 8008233–001, 

Revision 03, dated June 30, 2011 (ATA 

Service Bulletin 9000000–34–6016). 

(viii) ACSS Service Bulletin 8008234–001, 

Revision 02, dated June 30, 2011 (ATA 

Service Bulletin 9000000–34–6017). 

(ix) ACSS Service Bulletin 8008235–001, 

Revision 02, dated February 3, 2011 (ATA 

Service Bulletin 9003000–34–6006). 

(x) ACSS Service Bulletin 8008236–001, 

Revision 03, dated June 30, 2011 (ATA 

Service Bulletin 7517900–34–6042). 

(xi) ACSS Service Bulletin 8008238–001, 

Revision 02, dated June 30, 2011 (ATA 

Service Bulletin 9000000–34–6018). 

(xii) ACSS Technical Newsletter 8008359, 

Revision B, dated August 3, 2011. 

(2) For service information identified in 

this AD, contact Aviation Communication & 

Surveillance Systems, LLC, 19810 North 7th 

Avenue, Phoenix, Arizona 85027–4741; 

phone: (623) 445–7040; fax: (623) 445–7004; 

email: acss.orderadmin@L-3com.com; 

Internet: http://www.acss.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

(425) 227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on January 

17, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–2560 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1245; Directorate 

Identifier 2011–CE–033–AD; Amendment 

39–16925; AD 2012–02–02] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Cessna Aircraft Company 

(Cessna) Models 172R and 172S 

airplanes. That AD currently requires 

you to inspect the fuel return line 

assembly for chafing; replace the fuel 

return line assembly if chafing is found; 

and inspect the clearance between the 

fuel return line assembly and both the 

right steering tube assembly and the 

airplane structure, adjusting as 

necessary. Since we issued that AD, we 

have received a field report of a fuel 

return line chafing incident on a Cessna 

Model 172 airplane with a serial 

number (S/N) that was not included in 

the AD. This AD retains the actions of 

the current AD and adds S/Ns to the 

Applicability section of the AD. Chafing 

of the fuel return line assembly could 

lead to fire. This new AD requires the 

actions of the current AD and adds S/ 

Ns to the Applicability section of the 

AD. We are issuing this AD to correct 

the unsafe condition on these products. 

DATES: This AD is effective March 13, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 13, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of March 6, 2008 (73 FR 

5737, January 31, 2008). 

ADDRESSES: For service information 

identified in this AD, contact Cessna 

Aircraft Company, Product Support, 

P.O. Box 7706, Wichita, KS 67277; 

telephone: (316) 517–6000; fax: (316) 

517–8500; email: 

Customercare@cessna.textron.com; 

Internet: http://www.cessna.com. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: (800) 647–5527) 

is Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Trenton Shepherd, Aerospace Engineer, 

Wichita Aircraft Certification Office, 

FAA, 1801 Airport Road Room 100, 

Wichita, Kansas 67209; phone: (316) 

946–4143; fax: (316) 946–4107; email: 

trent.shepherd@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2008–03–02, 

Amendment 39–15351 (73 FR 5737, 

January 31, 2008). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

November 14, 2011 (76 FR 70379). That 

NPRM proposed to continue to require 

actions of the current AD and add S/Ns 

to the Applicability section of the AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 70379, November 14, 2011) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

70379, November 14, 2011) for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 70379, 

November 14, 2011). 

Costs of Compliance 

We estimate that this AD affects 768 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 


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6004 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product 

Cost on U.S. 

operators 

Inspection of the fuel return line assembly for chafing 

and clearance.

1 work-hour × $85 per hour = $85 Not applicable ... $85 65,280 

The difference in estimated costs of 

this AD and AD 2008–03–02 (73 FR 

5737, January 31, 2008) is an increase in 

the estimated labor cost for those 

airplanes affected by AD 2008–03–02 

and the costs of the additional airplanes 

added to the AD. 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Replacement of the fuel return line assembly and adjustment of the 

clearance between the fuel return line assembly and both the right 

steering tube assembly and the airplane structure.

0.5 work-hour × $85 per hour = 

$42.50.

$123 $165.50 

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 AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that this AD: 

(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), 

(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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 

removing airworthiness directive (AD) 

2008–03–02, Amendment 39–15351 (73 

FR 5737, January 31, 2008), and adding 

the following new AD: 

2012–02–02 Cessna Aircraft Company: 

Amendment 39–16925; Docket No. 

FAA–2011–1245; Directorate Identifier 

2011–CE–033–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 13, 2012. 

(b) Affected ADs 

This AD supersedes AD 2008–03–02, 

Amendment 39–15351 (73 FR 5737, January 

31, 2008). 

(c) Applicability 

This AD applies to the following Cessna 

Aircraft Company airplanes, certificated in 

any category: 

(1) Group 1: Model 172R, serial numbers 

(S/N) 17281188 through 17281390; 

(2) Group 2: Model 172S, S/N 172S9491 

through 172S10489; 

(3) Group 3: Model 172R, S/N 17281391 

through 17281572; and 

(4) Group 4: Model 172S, S/N 172S10490 

through 172S11073. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code Fuel, 28. 

(e) Unsafe Condition 

This AD was prompted by a field report of 

a fuel return line chafing incident on a 

Cessna Model 172 airplane with a serial 

number that was not in the Applicability 

statement of AD 2008–03–02 (73 FR 5737, 

January 31, 2008). Chafing of the fuel return 

line assembly could result in fuel leaking and 

fuel vapors, which could lead to fire. We are 

issuing this AD to correct the unsafe 

condition on these products. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection Requirement Retained From 

AD 2008–03–02, Amendment 39–15351 (73 

FR 5737, January 31, 2008) 

(1) For Group 1 and Group 2 Airplanes: 

Within the next 100 hours time-in-service 

(TIS) after March 6, 2008 (the effective date 

retained from AD 2008–03–02) or within the 

next 12 months after March 6, 2008 (the 

effective date retained from AD 2008–03–02), 

whichever occurs first, inspect the fuel return 

line assembly (Cessna part number (P/N) 

0500118–49) for chafing. Do the inspection 

following Cessna Service Bulletin SB07–28– 

01, dated June 18, 2007; or Cessna Service 


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Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 6005 

Bulletin SB07–28–01, Revision 1, dated 

September 22, 2011. 

(2) For Group 3 and Group 4 Airplanes: 

Within the next 100 hours TIS after March 

13, 2012 (the effective date of this AD) or 

within the next 12 months after March 13, 

2012 (the effective date of this AD), 

whichever occurs first, inspect the fuel return 

line assembly (Cessna P/N 0500118–49) for 

chafing. Do the inspection following Cessna 

Service Bulletin SB07–28–01, Revision 1, 

dated September 22, 2011. 

(h) Replacement Requirement Retained 

From AD 2008–03–02, Amendment 39–15351 

(73 FR 5737, January 31, 2008) 

For All Airplanes: Before further flight after 

the inspection required in paragraph (g)(1) or 

(g)(2) of this AD where evidence of chafing 

was found, replace the fuel return line 

assembly (Cessna P/N 0500118–49). Do the 

replacement following Cessna Service 

Bulletin SB07–28–01, dated June 18, 2007; or 

Cessna Service Bulletin SB07–28–01, 

Revision 1, dated September 22, 2011. 

(i) Inspection and Adjustment Requirement 

Retained From AD 2008–03–02, Amendment 

39–15351 (73 FR 5737, January 31, 2008) 

For All Airplanes: Before further flight after 

the inspection required in paragraph (g)(1) or 

(g)(2) of this AD if no chafing is found or after 

the replacement required in paragraph (h) of 

this AD, whichever of the previous situations 

applies, inspect for a minimum clearance of 

0.5 inch between the following parts 

throughout the entire range of copilot rudder 

pedal travel. If less than 0.5 inch clearance 

is found, before further flight, adjust the 

clearance. Follow paragraph 6 of the 

Instructions section of Cessna Service 

Bulletin SB07–28–01, dated June 18, 2007; or 

Cessna Service Bulletin SB07–28–01, 

Revision 1, dated September 22, 2011. This 

AD requires a minimum clearance of 0.5 

inch. The requirements of this AD take 

precedence over the actions required in the 

service information. 

(1) The fuel return line assembly (Cessna 

P/N 0500118–49) and the steering tube 

assembly (Cessna P/N MC0543022–2C); and 

(2) The fuel return line assembly (Cessna 

P/N 0500118–49) and the airplane structure. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita Aircraft 

Certification Office (ACO), 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 manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) 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. 

(k) Related Information 

For more information about this AD, 

contact Trenton Shepherd, Aerospace 

Engineer, Wichita ACO, FAA, 1801 Airport 

Road, Room 100, Wichita, Kansas 67209; 

phone: (316) 946–4143; fax: (316) 946–4107; 

email: trent.shepherd@faa.gov. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information: 

(i) Cessna Service Bulletin SB07–28–01, 

Revision 1, dated September 22, 2011, 

approved for IBR March 13, 2012. 

(ii) Cessna Service Bulletin SB07–28–01, 

dated June 18, 2007, approved for IBR March 

6, 2008 (73 FR 5737, January 31, 2008) 

(2) For service information identified in 

this AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706, Wichita, KS 

67277; telephone: (316) 517–6000; fax: (316) 

517–8500; email: 

Customercare@cessna.textron.com; Internet: 

http://www.cessna.com. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal-register/

cfr/ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

18, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–1451 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P?≤ 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9574] 

RIN 1545–BK64 

Application for Recognition as a 

501(c)(29) Organization 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Temporary regulations. 

SUMMARY: This document contains 

temporary regulations authorizing the 

IRS to prescribe the procedures by 

which certain entities may apply to the 

IRS for recognition of exemption from 

Federal income tax. These regulations 

affect qualified nonprofit health 

insurance issuers, participating in the 

Consumer Operated and Oriented Plan 

program established by the Centers for 

Medicare and Medicaid Services, that 

seek exemption from Federal income tax 

under the Internal Revenue Code. The 

text of the temporary regulations also 

serves as the text of the proposed 

regulations set forth in the notice of 

proposed rulemaking on this subject in 

the Proposed Rules section in this issue 

of the Federal Register. 

DATES: Effective Date: These regulations 

are effective on February 7, 2012. 

Applicability Date: For date of 

applicability, see § 1.501(c)(29)–1T(c). 

FOR FURTHER INFORMATION CONTACT: 

Amy Franklin or Martin Scha ̈ffer, (202) 

622–6070 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 501(c)(29) of the Internal 

Revenue Code (Code) provides 

requirements for tax exemption under 

section 501(a) for qualified nonprofit 

health insurance issuers (QNHIIs). 

Section 501(c)(29) was added to the 

Code by section 1322(h)(1) of the Patient 

Protection and Affordable Care Act 

(Affordable Care Act), Public Law 111– 

148 (March 23, 2010). 

Section 1322 of the Affordable Care 

Act directs the Centers for Medicare and 

Medicaid Services (CMS) to establish 

the Consumer Operated and Oriented 

Plan (CO–OP) program. The purpose of 

the CO–OP program is to foster the 

creation of member-governed QNHIIs 

that will operate with a strong consumer 

focus and offer qualified health plans in 

the individual and small group markets. 

CMS will provide loans and repayable 

grants (collectively, loans) to 

organizations applying to become 

QNHIIs, to help cover start-up costs and 

meet any solvency requirements in 

States in which the organization is 

licensed to issue qualified health plans. 

A Funding Opportunity Announcement 

for the CO–OP program (CFDA Number 

93.545), published by CMS on July 28, 

2011 (and amended on September 16, 

2011), provides that for each loan the 

appropriate CMS official will issue a 

Notice of Award and Loan Agreement to 

the QNHII. In addition, the Chief 

Executive Officer of the QNHII, or an 

officer of the QNHII’s Board of 

Directors, must sign and return the Loan 

Agreement to CMS. On December 13, 

2011, CMS issued final regulations 

implementing the CO–OP program at 76 

FR 77392. 

The CMS final regulations define a 

QNHII as an entity that, within specified 

time frames, satisfies or can reasonably 

be expected to satisfy the standards in 

section 1322(c) of the Affordable Care 

Act and in the CMS final regulations. 


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