16664 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

Installation Prohibition 

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

not install any of the turbochargers listed in 

Table III of Kelly Aerospace Energy Systems, 

LLC SB No. 039 A, dated February 10, 2010, 

unless the turbocharger is overhauled as 

specified in paragraph (g) of this AD. 

Alternative Methods of Compliance 

(i) The Manager, Atlanta Aircraft 

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. 

Special Flight Permits 

(j) Under 14 CFR 39.23, we are limiting the 

special flight permits for this AD by the 

following conditions: 

(1) Use of minimum crew. 

(2) Flight made during daytime, using 

visual flight rule conditions. 

(3) Maximum flight altitude of 12,000 feet 

mean-sea-level, based upon terrain. 

Related Information 

(k) Contact Gary Wechsler, Aerospace 

Engineer, Propulsion, Atlanta Aircraft 

Certification Office, 1701 Columbia Avenue, 

College Park, GA 30337; telephone (404) 

474–5575; fax (404) 474–5606, for more 

information about this AD. 

Material Incorporated by Reference 

(l) You must use Kelly Aerospace Energy 

Systems, LLC Service Bulletin No. 039 A, 

dated February 10, 2010, to determine which 

turbocharger(s) are affected by this AD. The 

Director of the Federal Register approved the 

incorporation by reference of this service 

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

and 1 CFR part 51. Contact Kelly Aerospace 

Energy Systems, LLC, 2900 Selma Highway, 

Montgomery, Alabama 36108, telephone 

(334) 386–5400, fax (334) 386–5450, or go to: 

http://www.kellyaerospace.com, for a copy of 

this service information. You may review 

copies at the FAA, New England Region, 12 

New England Executive Park, Burlington, 

MA; or 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/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

March 23, 2010. 

Robert J. Ganley, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–7056 Filed 4–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0302; Directorate 

Identifier 2009–NE–09–AD; Amendment 39– 

16245; AD 2009–08–08R1] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

ARRIEL 1B, 1D, 1D1, 2B, and 2B1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are revising an existing 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During production of Arriel 1 and Arriel 2 

Power Turbine (PT) wheels, geometric nonconformances on blade fir tree roots have 

been detected by Turbome ́ca. Potentially 

non-conforming PT blades have been traced 

as having been installed on Module M04 (PT) 

listed in Mandatory Service Bulletin (MSB) 

A292 72 0827 for Arriel 1 engines and A292 

72 2833 for Arriel 2 engines. 

The geometric non-conformities of the 

blades may potentially lead to a reduction in 

the fatigue resistance of PT blades to a lower 

level than their authorized in service use 

limit. This reduction of fatigue resistance can 

potentially result in blade release, which 

could cause an uncommanded in-flight 

shutdown. 

We are issuing this AD to prevent 

release of PT blades, which could result 

in an uncommanded in-flight shutdown 

and emergency autorotation landing. 

DATES: This AD becomes effective May 

7, 2010. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD as of May 7, 2010. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dickert, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 23, 2009 (74 FR 

68194). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Since issuance of initial version of AD 

2009–0112 additional information is 

available: 

—The list of Modules M04 concerned by the 

restriction of the cycle use limit of these PT 

blades has been updated again: The serial 

numbers of Modules M04 which have been 

retrofitted are crossed out. However, no 

new affected Modules M04 have been 

identified. See figure 1 of the referenced 

Turbome ́ca MSB. 

—Additional testing and analysis had been 

carried out by Turbome ́ca which allows 

increasing the cyclic use limit of these PT 

blades to 5 000 flight cycles. 

Therefore this AD revises AD 2009–0112 

and requires establishing the cyclic use limit 

of these PT blades to 5 000 flight cycles. 

For PT blades having reached a number of 

flight cycles superior or equal to 5 000, 

removal of Module M04, or PT wheel 

assembly, or PT blades is required prior to 

next flight. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we required different actions in this AD 

from those in the MCAI in order to 

follow FAA policies. Any such 

differences are described in a separate 

paragraph of the AD. These 

requirements take precedence over the 

actions copied from the MCAI. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

10 products of U.S. registry. We also 

estimate that it will take about 8 workhours per product to comply with this 

AD. The average labor rate is $80 per 

work-hour. Required parts will cost 

about $43,000 per product. Based on 


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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 16665 

these figures, we estimate the cost of the 

AD on U.S. operators to be $436,400. 

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 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 this AD: 

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 AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 street address for 

the Docket Operations office (telephone 

(800) 647–5527) is provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

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 amendment 39–15881, and 

adding the following new AD: 

2009–08–08R1 Turbomeca S.A.: 

Amendment 39–16245. Docket No. 

FAA–2009–0302; Directorate Identifier 

2009–NE–09–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 7, 2010. 

Affected ADs 

(b) This AD revises AD 2009–08–08, 

Amendment 39–15881. 

Applicability 

(c) This AD applies to: 

(1) Turbomeca Arriel 1B, 1D, and 1D1 

turboshaft engines with the power turbine 

(PT) modules M04 installed, as listed by 

serial number (S/N) in Figure 1 of Turbomeca 

Alert Mandatory Service Bulletin (MSB) No. 

A292 72 0827, Version C, dated July 15, 

2009; and 

(2) Turbomeca Arriel 2B and 2B1 

turboshaft engines with the power turbine 

modules M04 installed, as listed by S/N in 

Figure 1 of Turbomeca Alert MSB No. A292 

72 2833, Version C, dated July 15, 2009. 

(3) These engines are installed on, but not 

limited to, Eurocopter AS 350 B, AS 350 BA, 

AS 350 B1, AS 350 B2, AS 350 B3, and EC 

130 B4 helicopters. 

Reason 

(d) European Aviation Safety Agency 

(EASA) AD No. 2009–0112R1, dated July 30, 

2009, states: 

Since issuance of initial version of AD 

2009–0112 additional information is 

available: 

—The list of Modules M04 concerned by the 

restriction of the cycle use limit of these PT 

blades has been updated again: The serial 

numbers of Modules M04 which have been 

retrofitted are crossed out. However no 

new affected Modules M04 have been 

identified. See figure 1 of the referenced 

Turbome ́ca MSB. 

—Additional testing and analysis had been 

carried out by Turbome ́ca which allows 

increasing the cyclic use limit of these PT 

blades to 5,000 flight cycles. 

We are issuing this AD to prevent release of 

PT blades, which could result in an 

uncommanded in-flight shutdown and 

emergency autorotation landing. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) For engines with an affected Module 

M04 (PT module), which has accumulated 

5,000 total PT cycles or more on the effective 

date of this AD, remove the PT blades from 

service before further flight. 

(2) For engines with an affected Module 

M04, which has accumulated fewer than 

5,000 total PT cycles on the effective date of 

this AD, remove the PT blades from service 

before accumulating 5,000 total PT cycles. 

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

not install any PT blades removed as 

specified in paragraph (e)(1) or (e)(2) of this 

AD, into any engine. 

FAA AD Differences 

(f) Although the compliance section of 

EASA AD No. 2009–0112R1, dated July 30, 

2009, states to replace the Module M04, or 

PT wheel assembly, or PT blades, this AD 

states to remove the PT blades from service. 

(g) Although EASA AD No. 2009–0112R1, 

dated July 30, 2009, applies to the Arriel 

2B1A engine, this AD does not apply to that 

model because it has no U.S. type certificate. 

Other FAA AD Provisions 

(h) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(i) Refer to MCAI EASA Airworthiness 

Directive 2009–0112R1, dated July 30, 2009, 

for related information. 

(j) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 238– 

7199, for more information about this AD. 

Material Incorporated by Reference 

(k) You must use the service information 

specified in Table 1 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Turbomeca, 40220 Tarnos, 

France; telephone 33 05 59 74 40 00, fax 33 

05 59 74 45 15. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or 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/ibrlocations.html. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
16666 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Service Bulletin No. Page Revision Date 

Mandatory Service Bulletin A292 72 0827 .............................. All ........................... Version C ............................................... July 15, 2009. 

Mandatory Service Bulletin A292 72 2833 .............................. All ........................... Version C ............................................... July 15, 2009. 

Issued in Burlington, Massachusetts, on 

March 16, 2010. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6628 Filed 4–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 17, 19, 20, 22, 24, 25, 26, 

27, 28, 31, 40, 44, 46, and 70 

[Docket No. TTB–2009–0003; T.D. TTB–84; 

Re: Notice No. 96 and T.D. TTB–79] 

RIN 1513–AB63 

Liquor Dealer Recordkeeping and 

Registration, and Repeal of Certain 

Special (Occupational) Taxes 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision adopts 

as a final rule, without change, a 

temporary rule that amended the 

regulations administered by the Alcohol 

and Tobacco Tax and Trade Bureau to 

reflect the repeal of certain special 

(occupational) taxes effected by section 

11125 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users. The regulatory 

amendments involved the repeal of 

special taxes on alcohol beverage 

producers and dealers, tax-free alcohol 

users, denatured spirits users and 

dealers, and persons claiming drawback 

for the manufacture of nonbeverage 

alcoholic products, and the inclusion of 

recordkeeping and registration 

requirements for dealers in distilled 

spirits, wines, and beer, and for 

manufacturers of nonbeverage products 

who claim drawback. 

DATES: Effective Date: Effective May 3, 

2010, the temporary rule published in 

the Federal Register at 74 FR 37394 on 

July 28, 2009, is adopted as a final rule 

without change, and by this regulatory 

action the temporary rule, which was 

effective from July 28, 2009, through 

July 30, 2012, is effective indefinitely. 

FOR FURTHER INFORMATION CONTACT: Ben 

Birkhill, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau (202–453–2268 or 

benjamin.birkhill@ttb.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 11125 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, Public Law 109–59, 119 Stat. 

1144 (‘‘the Act’’) was signed by the 

President on August 10, 2005. Section 

11125 of the Act amended Chapters 51 

and 52 of the Internal Revenue Code of 

1986 (IRC), 26 U.S.C., to repeal the 

provisions covering special 

(occupational) tax (SOT) on alcohol 

beverage producers and dealers, tax-free 

alcohol users, denatured spirits users 

and dealers, and persons claiming 

drawback for the manufacture of 

nonbeverage alcoholic products. 

The Act did not eliminate the 

recordkeeping and registration 

requirements that applied to alcohol 

beverage dealers (including all persons 

in the business of selling alcohol 

products fit for beverage use) and 

nonbeverage drawback claimants prior 

to the SOT repeal. Further, the Act did 

not eliminate the SOT and related 

registration requirements for certain 

tobacco occupations (manufacturer of 

tobacco products, manufacturer of 

cigarette papers and tubes, and export 

warehouse proprietor). 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) is responsible for 

the administration of the provisions in 

Chapters 51 and 52 of the IRC relating 

to these tax, recordkeeping, and 

registration requirements, including the 

promulgation of regulations thereunder 

in chapter 1 of title 27 of the Code of 

Federal Regulations. 

Publication of Temporary Rule 

On July 28, 2009, TTB published in 

the Federal Register (74 FR 37394) a 

temporary rule, T.D. TTB–79, amending 

certain provisions in 27 CFR parts 17, 

19, 20, 22, 24, 25, 26, 27, 28, 31, 40, 44, 

46, and 70. The temporary rule 

eliminated the regulatory provisions 

related to the SOT on the producers, 

dealers, users, and other persons 

referred to above. The temporary rule 

also included various amendments 

relating to registration and 

recordkeeping in order to clarify the 

application of these requirements to the 

persons subject to them. 

With regard to tobacco products and 

cigarette papers and tubes, the 

temporary rule added a new subpart D 

to 27 CFR part 46 (Miscellaneous 

Regulations Relating to Tobacco 

Products and Cigarette Papers and 

Tubes) in order to consolidate in one 

place the SOT provisions contained in 

27 CFR parts 40 (Manufacture of 

Tobacco Products, Cigarette Papers and 

Tubes, and Processed Tobacco) and 44 

(Exportation of Tobacco Products and 

Cigarette Papers and Tubes, without 

Payment of Tax, or with Drawback of 

Tax). This new subpart D also borrowed 

regulations from 27 CFR part 31 

(Alcohol Beverage Dealers) to reflect 

SOT policy positions developed through 

rulemaking involving the alcohol 

beverage dealer’s tax, including 

provisions relating to multiple 

businesses conducted by the same 

person at the same place, liability of 

partners, payment of the special tax, 

special tax stamps, and abatement or 

refund of special taxes. 

In addition, the temporary rule 

included a number of miscellaneous 

regulatory amendments to remove no 

longer needed references to the SOT. 

The amendments made by T.D. TTB–79 

are discussed in more detail in the 

preamble of that document. 

In conjunction with the publication of 

the temporary rule, TTB also published 

on July 28, 2009, a notice of proposed 

rulemaking, Notice No. 96, in the 

Federal Register (74 FR 37426). This 

notice invited the submission of public 

comments on the regulatory 

amendments contained in the temporary 

rule, with the comment period closing 

on September 28, 2009. The Bureau did 

not receive any comments on the 

temporary rule in response to Notice 

No. 96. Accordingly, for the reasons set 

forth in the preamble of T.D. TTB–79, 

we have determined that it is 

appropriate to adopt that temporary rule 

as a final rule without change. 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant impact on a 

substantial number of small entities. 

Accordingly, a regulatory flexibility 

analysis is not required. The relevant 

collections of information derive 

directly from the Internal Revenue Code 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1