Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 91 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1227; Directorate 

Identifier 2009–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. (Type Certificate Previously Held 

by Canadair) Model CL–600–2B16 

(CL–604) 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. 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: Two cases of a crack on a 

‘‘dry’’ ADG (Air Driven Generator) 

(Hamilton Sundstrand part number in 

the 761339 series) in the aft area of the 

strut and generator housing assembly, 

have been reported on CL–600–2B19 

aircraft. The same part number is also 

installed on CL–600–2B16 (CL–604) 

aircraft. Investigation determined that 

the crack was in an area of the strut 

where the wall thickness of the casting 

was below specification, due to a 

manufacturing anomaly in a specific 

batch of ADGs. Structural failure and 

departure of the ADG during 

deployment could possibly result in 

damage to the aircraft structure. If 

deployment were activated by a dual 

engine shutdown, ADG structural 

failure would also result in loss of 

hydraulics for the flight controls. The 

unsafe condition is possible loss of 

control of the airplane. 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 February 18, 2010. 

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; 

e-mail thd.crj@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 

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: 

Craig Yates, 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– 

7355; 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–2009–1227; Directorate Identifier 

2009–NM–119–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 have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 

Transport Canada Civil Aviation 

(TCCA), which is the airworthiness 

authority for Canada, has issued 

Canadian Airworthiness Directive CF– 

2009–24, issued May 19, 2009 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Two cases of a crack on a ‘‘dry’’ ADG (Air 

Driven Generator) (Hamilton Sundstrand part 

number in the 761339 series) in the aft area 

of the strut and generator housing assembly, 

have been reported on CL–600–2B19 aircraft. 

The same part number is also installed on 

CL–600–2B16 (CL–604) aircraft. Investigation 

determined that the crack was in an area of 

the strut where the wall thickness of the 

casting was below specification, due to a 

manufacturing anomaly in a specific batch of 

ADGs. Structural failure and departure of the 

ADG during deployment could possibly 

result in damage to the aircraft structure. If 

deployment were activated by a dual engine 

shutdown, ADG structural failure would also 

result in loss of hydraulics for the flight 

controls. 

This directive gives instructions to check 

the part number of the installed ADG and, for 

ADGs with a part number in the 761339 

series, the serial numbers of the ADG and the 

strut and generator housing assembly are also 

to be checked. If these serial numbers are 

within specified ranges * * *, initial and 

subsequent repeat fluorescent penetrant 

inspections of the ADG strut are required. 

This directive also gives instructions to 

perform a fluorescent penetrant inspection 

after each unscheduled in-flight ADG 

deployment and a [general] visual inspection 

after each unscheduled on-ground ADG 

deployment. Instructions regarding reidentification (where applicable) and 

replacement parts are also included. 

The unsafe condition is possible loss of 

control of the airplane. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued Alert Service 

Bulletin A604–24–017, Revision 01, 

dated January 15, 2007; and Service 

Bulletin 604–24–019, dated October 1, 

2007. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
92 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 

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 378 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the 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 covered 

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 proposed AD on U.S. 

operators to be $60,480, or $160 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 adding 

the following new AD: 

Bombardier, Inc. (Type Certificate 

Previously Held by Canadair): Docket 

No. FAA–2009–1227; Directorate 

Identifier 2009–NM–119–AD. 

Comments Due Date 

(a) We must receive comments by February 

18, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

(Type Certificate previously held by 

Canadair) Model CL–600–2B16 (CL–604) 

airplanes; certificated in any category; serial 

numbers 5408 through 5665 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical Power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Two cases of a crack on a ‘‘dry’’ ADG (Air 

Driven Generator) (Hamilton Sundstrand part 

number in the 761339 series) in the aft area 

of the strut and generator housing assembly, 

have been reported on CL–600–2B19 aircraft. 

The same part number is also installed on 

CL–600–2B16 (CL–604) aircraft. Investigation 

determined that the crack was in an area of 

the strut where the wall thickness of the 

casting was below specification, due to a 

manufacturing anomaly in a specific batch of 

ADGs. Structural failure and departure of the 

ADG during deployment could possibly 

result in damage to the aircraft structure. If 

deployment were activated by a dual engine 

shutdown, ADG structural failure would also 

result in loss of hydraulics for the flight 

controls. 

This directive gives instructions to check 

the part number of the installed ADG and, for 

ADGs with a part number in the 761339 

series, the serial numbers of the ADG and the 

strut and generator housing assembly are also 

to be checked. If these serial numbers are 

within specified ranges * * *, initial and 

subsequent repeat fluorescent penetrant 

inspections of the ADG strut are required. 

This directive also gives instructions to 

perform a fluorescent penetrant inspection 

after each unscheduled in-flight ADG 

deployment and a [general] visual inspection 

after each unscheduled on-ground ADG 

deployment. Instructions regarding reidentification (where applicable) and 

replacement parts are also included. 

The unsafe condition is possible loss of 

control of the airplane. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 400 flight hours after the 

effective date of this AD, inspect to 

determine the part number of the installed 

ADG and accomplish the actions required by 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as 

applicable. A review of airplane maintenance 

records is acceptable in lieu of this 

inspection if the part number of the ADG can 

be conclusively determined from that review. 

(i) If the part number of the ADG is 604– 

90800–23 (Hamilton Sundstrand part number 

1711405), the strut wall thickness is within 

specification and no further action is 

required by this paragraph. 


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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 93 

(ii) If the part number of the ADG is 604– 

90800–1, –17 or –19 (Hamilton Sundstrand 

part number in the 761339 series), inspect to 

determine the ADG serial number and do the 

applicable action required by paragraph 

(f)(1)(ii)(A), (f)(1)(ii)(B), or (f)(1)(ii)(C) of this 

AD. A review of airplane maintenance 

records is acceptable in lieu of this 

inspection if the serial number of the ADG 

can be conclusively determined from that 

review. 

(A) If the serial number of the ADG is 2000 

or higher, the strut wall thickness is within 

specification and only re-identification is 

required. Do the actions required by 

paragraph (f)(8) of this AD. 

(B) If the serial number of the ADG is in 

the range 0101 through 1999 inclusive, and 

the symbol 24–3 is marked in the serial 

number block of the identification plate, the 

strut wall thickness is within specification 

and only re-identification is required. Do the 

actions required by paragraph (f)(8) of this 

AD. 

(C) If the serial number of the ADG is in 

the range 0101 through 1999 inclusive, and 

the symbol 24–3 is not marked in the serial 

number block of the identification plate, 

inspect to determine the serial number of the 

strut and generator housing assembly and do 

the applicable action required by paragraph 

(f)(1)(ii)(C)(1) or (f)(1)(ii)(C)(2) of this AD, as 

applicable. 

Note 1: Guidance on serial number location 

can be found in Figure 1, Sheet 1, of 

Hamilton Sundstrand Service Bulletin 

ERPS10AG–24–3, Revision 3, dated March 

12, 2009. 

(1) If the serial number of the strut and 

generator housing assembly is in the range 

0001 through 2503 inclusive, the fluorescent 

penetrant inspection specified in paragraph 

(f)(2) of this AD is required. For airplanes on 

which an unscheduled in-flight or on-ground 

ADG deployment has occurred after 

accomplishing the actions required by this 

paragraph, do the actions required by 

paragraph (f)(6), (f)(7), or (f)(8) of this AD, as 

applicable. 

(2) If the serial number of the strut and 

generator housing assembly is 2504 or higher, 

the strut wall thickness is within 

specification and only re-identification is 

required. Do the actions required by 

paragraph (f)(8) of this AD. 

(2) For airplanes having a strut and 

generator housing assembly identified in 

paragraph (f)(1)(ii)(C)(1), except for airplanes 

with serial numbers 5611 through 5665 on 

which Bombardier conducted the initial 

fluorescent penetrant inspection prior to 

aircraft delivery and on which the ADG has 

not been replaced since aircraft delivery: 

Within 400 flight hours after the effective 

date of this AD, do a fluorescent penetrant 

inspection of the ADG strut, and replace the 

ADG, as applicable, in accordance with 

paragraphs 2.A., 2.C., and 2.D. of the 

Accomplishment Instructions in Bombardier 

Alert Service Bulletin A604–24–017, 

Revision 01, dated January 15, 2007. If the 

ADG is replaced by an ADG with part 

number 604–90800–23 (Hamilton 

Sundstrand part number 1711405), no further 

action is required by this paragraph. 

Accomplishing the requirements in 

paragraph (f)(4) of this AD is required for 

airplanes on which each ADG has been 

inspected in accordance with this paragraph. 

(3) Accomplishment of the fluorescent 

penetrant inspection before the effective date 

of this AD in accordance with the applicable 

service information identified in the Table 1 

of this AD is acceptable for compliance with 

the requirements of paragraph (f)(2) of this 

AD. 

TABLE 1—ACCEPTABLE SERVICE INFORMATION

Document Revision Date 

Bombardier Alert Service Bulletin 604–24–017 ...................................... Original .......................................... May 6, 2005. 

Hamilton Sundstrand Service Bulletin ERPS10AG–24–3 ...................... Original .......................................... April 14, 2005. 

Hamilton Sundstrand Service Bulletin ERPS10AG–24–3 ...................... Revision 1 ...................................... April 19, 2005. 

Hamilton Sundstrand Service Bulletin ERPS10AG–24–3 ...................... Revision 2 ...................................... November 14, 2006. 

Hamilton Sundstrand Service Bulletin ERPS10AG–24–3 ...................... Revision 3 ...................................... March 12, 2009. 

Note 2: In Hamilton Sundstrand Service 

Bulletin ERPS10AG–24–3, the fluorescent 

penetrant inspection is referred to as a 

‘‘penetrant check.’’ 

(4) As of the effective date of this AD, for 

airplanes on which the inspection required 

by paragraph (f)(2) of this AD has been done 

and on which a scheduled ADG operational 

test is performed: Before further flight after 

each test, do a general visual inspection of 

the ADG strut for cracks, and replace the 

ADG if any crack is found, in accordance 

with paragraphs 2.A., 2.C., and 2.D. of the 

Accomplishment Instructions in Bombardier 

Alert Service Bulletin A604–24–017, 

Revision 01, dated January 15, 2007. If the 

ADG is replaced by an ADG with part 

number 604–90800–23 (Hamilton 

Sundstrand part number 1711405), no further 

action is required by this paragraph. 

(5) As of the effective date of this AD, for 

airplanes identified in paragraph 

(f)(1)(ii)(C)(1) of this AD on which an 

unscheduled in-flight ADG deployment 

occurs: Before further flight after each 

deployment, do a general visual inspection of 

the ADG strut for cracks, and replace the 

ADG if any crack is found, in accordance 

with paragraphs 2.A., 2.B., and 2.D. of the 

Accomplishment Instructions in Bombardier 

Alert Service Bulletin A604–24–017, 

Revision 01, dated January 15, 2007. [If the 

ADG is replaced by an ADG with part 

number 604–90800–23 (Hamilton 

Sundstrand part number 1711405), no further 

action is required by this paragraph.] The 

general visual inspection required by this 

paragraph is not required if the fluorescent 

penetrant inspection required by paragraph 

(f)(6) of this AD is performed before further 

flight. 

(6) For airplanes identified in paragraph 

(f)(1)(ii)(C)(1) of this AD on which an 

unscheduled in-flight ADG deployment 

occurs: Within 3 days or 10 hours time-inservice, whichever comes first, after each 

deployment, perform a fluorescent penetrant 

inspection of the ADG strut, and replace the 

ADG, as applicable, in accordance with 

paragraphs 2.A., 2.C., and 2.D. of the 

Accomplishment Instructions in Bombardier 

Alert Service Bulletin A604–24–017, 

Revision 01, dated January 15, 2007. If the 

ADG is replaced by an ADG with part 

number 604–90800–23 (Hamilton 

Sundstrand part number 1711405), no further 

action is required by this paragraph. 

(7) For airplanes identified in paragraph 

(f)(1)(ii)(C)(1) of this AD on which an 

unscheduled on-ground ADG deployment 

task is done: Before further flight after each 

deployment, do a general visual inspection of 

the ADG strut for cracks, and replace the 

ADG if any crack is found, in accordance 

with paragraphs 2.A., 2.B., and 2.D. of the 

Accomplishment Instructions in Bombardier 

Alert Service Bulletin A604–24–017, 

Revision 01, dated January 15, 2007. If the 

ADG is replaced by an ADG with part 

number 604–90800–23 (Hamilton 

Sundstrand part number 1711405), no further 

action is required by this paragraph. 

(8) For airplanes identified in paragraphs 

(f)(1)(ii)(A), (f)(1)(ii)(B), and (f)(1)(ii)(C)(2) of 

this AD: Within 400 flight hours after the 

effective date of this AD, re-identify the ADG, 

in accordance with the Accomplishment 

Instructions in Bombardier Service Bulletin 

604–24–019, dated October 1, 2007. 

Following re-identification, no further action 

is required by this paragraph. 

Note 3: Paragraph (f)(8) of this AD is 

applicable only if required by paragraph 

(f)(1)(ii)(A), (f)(1)(ii)(B), or (f)(1)(ii)(C)(2) of 

this AD. The strut wall thickness of the ADGs 

specified in these paragraphs is not below 

specification. 

(9) As of the effective date of this AD, no 

person may install an ADG having part 

number 604–90800–1, –17, or –19 (Hamilton 

Sundstrand part number in the 761339 

series) on any airplane if the serial number 

of the ADG is in the range 0101 through 1999 

strut and the serial number of the generator 

housing assembly is in the range 0001 

through 2503. 

Note 4: The Bombardier CL–604 Illustrated 

Parts Catalog specifies that, for an ADG with 

a Hamilton Sundstrand part number in the 

761339 series, future procurement is to be an 

ADG with Hamilton Sundstrand part number 

1711405. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
94 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 

(10) Although Bombardier Alert Service 

Bulletin A604–24–017, Revision 01, dated 

January 15, 2007; and Service Bulletin 604– 

24–019, dated October 1, 2007; specify 

submitting certain information to the 

manufacturer, this AD does not require that 

submission. 

FAA AD Differences 

Note 5: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI or service information 

tells you to submit information to the 

manufacturer, paragraph (f)(10) of this AD 

specifies that such submittal is not required. 

Other FAA AD Provisions 

(g) 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: 

Program Manager, Continued Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7300; 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. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–24, issued May 19, 2009; 

Bombardier Alert Service Bulletin A604–24– 

017, Revision 01, dated January 15, 2007; and 

Bombardier Service Bulletin 604–24–019, 

dated October 1, 2007; for related 

information. 

Issued in Renton, Washington, on 

December 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31137 Filed 12–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[REG–131028–09] 

RIN 1545–BI85 

Amendments to the Section 7216 

Regulations—Disclosure or Use of 

Information by Preparers of Returns 

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 that provide updated 

guidance affecting tax return preparers 

regarding the use of information related 

to lists for solicitation of tax return 

business; the disclosure or use of 

statistical compilations of data under 

section 7216 of the Internal Revenue 

Code (Code) by a tax return preparer in 

connection with, or in support of, a tax 

return preparer’s tax return preparation 

business, including identification of 

additional limited circumstances when 

a tax return preparer who compiles 

statistical information may disclose the 

compilation without taxpayer consent, 

and the placement of additional 

restrictions on the content of the 

compilation that may be disclosed 

under those circumstances without 

taxpayer consent; and the disclosure or 

use of information for the purpose of 

performing conflict reviews. The text of 

those temporary regulations also serves 

as the text of these proposed 

regulations. This document invites 

comments from the public on these 

regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by March 5, 2010. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–131028–09), 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. 

to CC:PA:LPD:PR (REG–131028–09), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically, via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–131028– 

09). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Molly K. Donnelly, (202) 622–4940; 

concerning the submissions of 

comments and requests for hearing, 

Richard Hurst, (202) 622–7180 (not tollfree numbers). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

This document contains proposed 

amendments to 26 CFR part 301 under 

section 7216 to provide modified rules 

relating to the ability of a tax return 

preparer to use tax return information, 

without taxpayer consent, for the 

purposes of compiling, maintaining, and 

using lists for solicitation of tax return 

business under § 301.7216–2(n); 

disclose and use statistical compilations 

of data described in § 301.7216– 

1(b)(3)(i)(B) under § 301.7216–2(o), and 

disclose and use tax return information 

for the purpose of performing conflict 

reviews under § 301.7216–2(p). 

Temporary regulations in the Procedure 

and Administration section of this issue 

of the Federal Register amend 26 CFR 

part 301. The text of those regulations 

also serves as the text of these 

regulations. The preamble to the 

temporary regulations explains the 

temporary regulations and these 

proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because the 

regulation does not impose a collection 

of information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Code, this 

regulation has been submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. The IRS 

and the Treasury Department request 

comments on the clarity of the proposed 

rules, how they can be made easier to 

understand, and the administrability of 

the rules in the proposed regulations. 

All comments will be made available for 

public inspection and copying. A public 


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