Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45787 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 AD: 

McDonnell Douglas: Docket No. FAA–2009– 

0783; Directorate Identifier 2009–NM– 

081–AD. 

Comments Due Date 

(a) We must receive comments by October 

19, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes, 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracked 

overwing frames. We are issuing this AD to 

detect and correct such cracking, which 

could sever the frame, increase the loading of 

adjacent frames, and result in damage to 

adjacent structure and loss of overall 

structural integrity of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspections 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 60 months after the 

effective date of this AD, whichever occurs 

later: Do general visual and high frequency 

eddy current inspections for cracking of the 

overwing frames, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–53A031, dated April 

10, 2009. Do the applicable corrective actions 

before further flight, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–53A031, dated April 

10, 2009. Repeat the inspections thereafter at 

the applicable time specified in paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin MD90–53A031, dated April 10, 

2009. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles 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. Send information to ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21338 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0785; Directorate 

Identifier 2009–NM–125–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated 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: 

There has been one case reported of failure 

of a shaft (tailstock) on an elevator Power 

Control Unit (PCU), Part Number (P/N) 

390600–1007. Continued actuation of the 

affected PCU caused damage to the 

surrounding structure. * * * 

Each elevator surface has three PCUs, 

powered by separate independent hydraulic 

systems, and a single elevator PCU shaft 

failure may remain dormant. Such a dormant 

loss of redundancy, coupled with the 

potential for a failed shaft to produce 

collateral damage, including damage to 

hydraulic lines, could possibly affect the 

controllability of the aircraft. 

* * * * * 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 5, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

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 Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced 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 or 425–227–1152. 

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 proposed AD, the 


pwalker on DSK8KYBLC1PROD with PROPOSALS
45788 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0785; Directorate Identifier 

2009–NM–125–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On June 3, 2009, we issued AD 2009– 

12–13, Amendment 39–15936 (74 FR 

27686, June 11, 2009). That AD required 

actions intended to address an unsafe 

condition on the products listed above. 

When we issued AD 2009–12–13, the 

eventual replacement of all elevator 

PCUs identified in paragraph (f)(1) of 

that AD was not required. We have now 

determined that further rulemaking is 

necessary for this action, and this 

proposed AD follows from that 

determination. We are proposing to 

mandate the optional terminating action 

in paragraph (f)(3) of AD 2009–12–13 in 

this AD. You may obtain further 

information by examining the MCAI in 

the AD docket. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 61 products of U.S. registry. 

The actions that are required by AD 

2009–12–13 and retained in this 

proposed AD take about 3 work-hours 

per product, at an average labor rate of 

$80 per work hour. Based on these 

figures, the estimated cost of the 

currently required actions is $240 per 

product. 

We estimate that it would take about 

13 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$80 per work-hour. Required parts 

would cost about $0 per product. Where 

the service information lists required 

parts costs that are uncovered under 

warranty, we have assumed that there 

will be no charge for these costs. As we 

do not control warranty coverage for 

affected parties, some parties may incur 

costs higher than estimated here. Based 

on these figures, we estimate the cost of 

the new actions of this proposed AD on 

U.S. operators to be $63,440, or $1,040 

per product. 

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 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 this 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 and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 

removing Amendment 39–15936 (74 FR 

27686, June 11, 2009) and adding the 

following new AD: 

Bombardier, Inc. (Formerly de Havilland, 

Inc.): Docket No. FAA–2009–0785; 

Directorate Identifier 2009–NM–125–AD. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45789 

Comments Due Date 

(a) We must receive comments by October 

5, 2009. 

Affected ADs 

(b) The proposed AD supersedes AD 2009– 

12–13, Amendment 39–15936. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, DHC–8–401, and DHC–8–402 

airplanes, certificated in any category, serial 

numbers 4135 through 4149 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There has been one case reported of failure 

of a shaft (tailstock) on an elevator Power 

Control Unit (PCU), Part Number (P/N) 

390600–1007. Continued actuation of the 

affected PCU caused damage to the 

surrounding structure. Subsequent 

investigation determined that the failure was 

the result of a material defect and that the 

shafts installed on a total of 88 suspect PCUs 

* * * may contain a similar defect. 

Each elevator surface has three PCUs, 

powered by separate independent hydraulic 

systems, and a single elevator PCU shaft 

failure may remain dormant. Such a dormant 

loss of redundancy, coupled with the 

potential for a failed shaft to produce 

collateral damage, including damage to 

hydraulic lines, could possibly affect the 

controllability of the aircraft. 

This directive mandates an identification 

check for elevator PCU serial numbers, a 

daily check for correct operation of all 

suspect PCUs and, finally, replacement of all 

suspect PCUs. 

Restatement of Requirements of AD 2009– 

12–13, Without Optional Terminating Action 

(f) Unless already done, do the following 

actions. 

(1) Within 30 days after June 26, 2009 (the 

effective date of AD 2009–12–13), inspect the 

serial number of each of the six installed 

elevator PCUs having P/N 390600–1007. If 

one or more of the six installed elevator 

PCUs, P/N 390600–1007, have any of the 

PCU serial numbers 238, 698, 783 through 

788 inclusive, 790, 793, 795, 802, 806, 807, 

810, 820 through 823 inclusive, 826 through 

828 inclusive, 831, 835, 838, 840, 886 

through 889 inclusive, or 898 through 955 

inclusive; without a suffix ‘‘A’’ after the 

serial number: Within 30 days after June 26, 

2009, perform a check for the correct 

operation of all installed elevator PCUs in 

accordance with the procedures detailed in 

Appendix A, B, or C of Bombardier Q400 All 

Operator Message 217B, dated April 26, 

2007. Repeat the check thereafter before the 

first flight of each day until the replacement 

specified in paragraph (g) of this AD is done. 

The checks in Appendix A and B of 

Bombardier Q400 All Operator Message 

217B, dated April 26, 2007, must be 

performed by the flight crew, while the check 

specified in Appendix C of the all operator 

message must be performed by certificated 

maintenance personnel. 

Note 1: Suffix ‘‘A’’ after the serial number 

indicates that the PCU has already passed a 

magnetic particle inspection and is cleared 

for continued use. 

(2) If incorrect operation of any elevator 

PCU is found during any check required by 

paragraph (f)(1) of this AD, before further 

flight, replace the elevator PCU with a PCU, 

P/N 390600–1007, having a serial number not 

specified in paragraph (f)(1) of this AD; or 

with a PCU, P/N 390600–1007, having the 

suffix ‘‘A’’ after the serial number; in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–27–32, Revision A, dated January 18, 

2008. 

(3) Actions accomplished before June 26, 

2009, according to Bombardier Service 

Bulletin 84–27–32, dated May 1, 2007, are 

considered acceptable for compliance with 

the corresponding action specified in this 

AD. 

New Requirements of This AD: Actions and 

Compliance 

(g) Unless already done, within 2,000 flight 

hours or 12 months after the effective date of 

this AD, whichever occurs later, replace all 

PCUs, P/N 390600–1007, having a serial 

number specified in paragraph (f)(1) of this 

AD, and not having suffix ‘‘A’’ after the serial 

number, with PCUs, P/N 390600–1007, 

having a serial number not specified in 

paragraph (f)(1) of this AD; or with PCUs, 

P/N 390600–1007, having the suffix ‘‘A’’ after 

the serial number; in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–27–32, Revision A, dated 

January 18, 2008. This action terminates the 

requirements of paragraph (f)(1) of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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. Send information to ATTN: Cesar 

Gomez, Aerospace Engineer, Airframe and 

Mechanical Systems Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7318; fax 

(516) 794–5531. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your principal maintenance 

inspector (PMI) or principal avionics 

inspector (PAI), as appropriate, or lacking a 

principal inspector, your local Flight 

Standards District Office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–16, dated April 20, 2009; 

Bombardier Service Bulletin 84–27–32, 

Revision A, dated January 18, 2008; and 

Bombardier Q400 All Operator Message 

217B, dated April 26, 2007; for related 

information. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21339 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–139068–08] 

RIN 1545–BI31 

Modification to Consolidated Return 

Regulation Permitting an Election To 

Treat a Liquidation of a Target, 

Followed by a Recontribution to a New 

Target, as a Cross-Chain 

Reorganization 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS is issuing temporary 

regulations under section 1502 of the 

Internal Revenue Code (Code). The 

temporary regulations modify the 

election under which a consolidated 

group can avoid immediately taking into 

account an intercompany item after the 

liquidation of a target corporation. This 

modification was made necessary in 

light of the regulations under section 

368 that were issued in October 2007 

addressing transfers of assets or stock 

following a reorganization. The 

temporary regulations apply to 

corporations filing consolidated returns. 

The text of those temporary regulations 

also serves as the text of these proposed 

regulations. 


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