58794 Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Proposed Rules 

(i) Paperwork Reduction Act Burden 

Statement 

A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 5 minutes per 

response, including the time for reviewing 

instructions, completing and reviewing the 

collection of information. All responses to 

this collection of information are mandatory. 

Comments concerning the accuracy of this 

burden and suggestions for reducing the 

burden should be directed to the FAA at: 800 

Independence Ave. SW., Washington, DC 

20591, Attn: Information Collection 

Clearance Officer, AES–200. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), ANM–120S, 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. 

Information may be emailed to: 9–ANM– 

Seattle–ACO–AMOC–Requests@faa.gov. 

(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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required in the area affected by this AD if it 

is approved by the Boeing Commercial 

Airplanes Organization Designation 

Authorization (ODA) that has been 

authorized by the Manager, Seattle 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. 

(k) Related Information 

(1) For more information about this AD, 

contact Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, Seattle 

Aircraft Certification Office, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6440; fax: 425–917–6590; 

email: nancy.marsh@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.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. 

Issued in Renton, Washington, on 

September 12, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–23434 Filed 9–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1016; Directorate 

Identifier 2010–SW–009–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Bell 

Helicopter Textron, Inc. (Bell), Model 

412 and 412EP helicopters. This 

proposed AD is prompted by reports of 

cracking in the swashplate outer ring 

assemblies (outer ring). This AD would 

establish a lower life limit on certain 

outer rings, requiring a revision of the 

retirement life on the components’ 

history card or equivalent record, and a 

revision of the maintenance manual or 

Instructions for Continued 

Airworthiness (ICA). This proposal also 

would prohibit installing these outer 

rings on any helicopter. The proposed 

actions are intended to prevent failure 

of an outer ring because of cracking, 

which could lead to the loss of main 

rotor (M/R) blade pitch control and 

subsequent loss of helicopter control. 

DATES: We must receive comments on 

this proposed AD by November 23, 

2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 economic 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 service information identified in 

this proposed AD, contact Bell 

Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, TX 76101; telephone (817) 

280–3391; fax (817) 280–6466; or at 

http://www.bellcustomer.com/files/. 

You may review a copy of the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kohner, Aviation Safety 

Engineer, Rotorcraft Certification Office, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5447; email 7-avsasw-170@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Proposed Rules 58795 

proposal in light of the comments we 

receive. 

Discussion 

This proposal is prompted by a report 

of fatigue cracking in the outer ring, part 

number (P/N) 412–010–407–105. The 

outer ring previously had a life limit of 

10,000 hours TIS, but Bell has 

recommended reducing the outer ring 

retirement life to 2,500 hours TIS. 

Cracking in the outer ring can lead to 

loss of cyclic and collective pitch 

control of the main rotor blades and loss 

of helicopter control. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all known relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other products of 

these same type designs. 

Related Service Information 

We have reviewed Bell Helicopter 

Alert Service Bulletin No. 412–08–131, 

Revision B, dated October 29, 2009 

(ASB), which describes procedures for 

establishing a new retirement life for the 

outer ring and replacing the outer ring 

at 2,500 hours TIS. 

Proposed AD Requirements 

This proposed AD would require the 

following: 

• Within 30 days, establish a new 

retirement life of 2,500 hours TIS for 

outer ring P/N 412–010–407–105, and 

record this on the component history 

card or equivalent record. Within the 

same time period, make pen-and-ink 

changes or insert a copy of the AD into 

the Airworthiness Limitations section of 

the applicable maintenance manual or 

ICA. 

• Within 300 hours TIS, for any 

affected outer ring that has 2,200 or 

more hours TIS on the effective date of 

the proposed AD, replace the outer ring 

with an airworthy outer ring. 

• Within 12 months, for any affected 

outer ring, regardless of the number of 

hours TIS, replace the outer ring with an 

airworthy outer ring. The installation of 

outer ring, P/N 412–010–407–105, 

would be prohibited on any helicopter. 

Differences Between this Proposed AD 

and the Service Information 

The ASB sets a calendar date for 

compliance. This proposed AD does 

not. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 143 helicopters. We 

estimate that it would take about one 

work-hour to revise the component 

history card or equivalent record, as 

well as the maintenance manual or ICA, 

at an average labor rate of $85 per work 

hour, for a total cost of $85 per 

helicopter and $12,155 for the U.S. 

operator fleet. Replacing an outer ring 

would take 26 work-hours and required 

parts would cost an estimated $25,725. 

Based on these figures, we calculate the 

total cost to be $27,935 per helicopter to 

replace an outer ring. 

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, 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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; 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. 

We prepared an economic 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 airworthiness 

directive (AD): 

Bell Helicopter Textron, Inc. (BELL): Docket 

No. FAA–2012–1016; Directorate 

Identifier 2010–SW–009–AD. 

(a) Applicability 

This AD applies to Bell Model 412 and 

412EP helicopters, with a swashplate outer 

ring assembly (outer ring), part number (P/N) 

412–010–407–105, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

cracking in the outer ring, which could result 

in the loss of main rotor (M/R) blade pitch 

control and subsequent loss of helicopter 

control. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(d) Required Actions 

(1) Within 30 days, establish a retirement 

life of 2,500 hours time-in-service (TIS) for 

any affected outer ring on the component 

history card or equivalent record. Revise the 

helicopter Airworthiness Limitations section 

of the applicable maintenance manual or 

Instructions for Continued Airworthiness 

(ICA) by establishing the new retirement life 

by making pen and ink changes or inserting 

a copy of this AD into the maintenance 

manual or the ICAs. 

(2) For any affected outer ring that, on the 

effective date of this AD, has 2,200 or more 

hours TIS, within 300 hours TIS, replace the 

outer ring with an airworthy outer ring. 

(3) Within 12 months, for any affected 

outer ring, regardless of the number of hours 

TIS, replace the outer ring with an airworthy 

outer ring. 

(4) Do not install outer ring, P/N 412–010– 

407–105, on any helicopter. 

(e) Special flight permit 

No special flight permits will be issued for 

any helicopter installed with outer ring, P/N 

412–010–407–105, if the outer ring has 2,500 

hours or more TIS. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
58796 Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Proposed Rules 

(f) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Michael Kohner, 

Aviation Safety Engineer, Rotorcraft 

Certification Office, Rotorcraft Directorate, 

FAA, 2601 Meacham Blvd., Fort Worth, TX 

76137; telephone (817) 222–5447; email 7- 

avs-asw-170@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) Removal and installation instructions, 

as well as M/R assembly track and balance 

procedures, are contained in Bell manuals 

BHT–412–MM and BHT–412–CR&O. Bell 

Helicopter Alert Service Bulletin No. 412– 

08–131, Revision B, dated October 29, 2009, 

contains additional information about the 

subject of this AD. None of these documents 

is incorporated by reference. 

(2) For service information identified in 

this AD, contact Bell Helicopter Textron, 

Inc., P.O. Box 482, Fort Worth, TX 76101; 

telephone (817) 280–3391; fax (817) 280– 

6466; or at http://www.bellcustomer.com/ 

files/. You may review a copy of information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6230, Main Rotor Mast/Swashplate. 

Issued in Fort Worth, Texas, on September 

14, 2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–23457 Filed 9–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 53 

[REG–134974–12] 

RIN 1545–BL23 

Reliance Standards for Making Good 

Faith Determinations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations regarding the 

standards for making a good faith 

determination that a foreign 

organization is a charitable organization, 

grants to which may be qualifying 

distributions and not taxable 

expenditures. The regulations will affect 

private foundations seeking to make 

such good faith determinations. 

DATES: Comments and requests for a 

public hearing must be received by 

December 24, 2012. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–134974–12), room 

5205, Internal Revenue Service, P.O. 

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–134974– 

12), 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– 

134974–12). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Courtney D. Jones at (202) 622–6070; 

concerning submissions of comments 

and requests for a public hearing, 

Oluwafunmilayo Taylor, (202) 622–7180 

(not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

To avoid certain excise taxes under 

chapter 42, private foundations must 

make a minimum level of qualifying 

distributions (as defined in section 4942 

of the Internal Revenue Code) each year 

and must avoid making taxable 

expenditures (as defined in section 

4945). Grants for charitable purposes to 

certain foreign organizations generally 

may be treated as qualifying 

distributions under section 4942 if the 

private foundation makes a good faith 

determination that the foreign 

organization is an organization 

described in sections 501(c)(3) and 

509(a)(1), (a)(2), or (a)(3) (‘‘public 

charity’’) that is not a supporting 

organization described in section 

4942(g)(4)(A)(i) or (g)(4)(A)(ii) 

(‘‘disqualified supporting organization’’) 

or is an organization described in 

sections 501(c)(3) and 4942(j)(3) 

(‘‘private operating foundation’’). 

Similarly, grants for charitable purposes 

to certain foreign organizations may be 

treated as other than taxable 

expenditures under section 4945 if the 

private foundation makes a good faith 

determination that the foreign 

organization is a public charity (other 

than a disqualified supporting 

organization) or an organization 

described in sections 501(c)(3) and 

4940(d)(2) (‘‘exempt operating 

foundation’’). 

Qualifying Distributions Under Section 

4942 

Section 4942 generally requires a 

private foundation (other than a private 

operating foundation) to make 

‘‘qualifying distributions’’ equal to or 

exceeding a minimum ‘‘distributable 

amount’’ for each taxable year. If a 

private foundation has not distributed 

the full distributable amount by the end 

of the succeeding taxable year, section 

4942 imposes an excise tax on the 

undistributed portion. A private 

foundation’s distributable amount for 

any taxable year generally equals five 

percent of the aggregate fair market 

value of its non-exempt-use assets, 

increased by any repayments of 

amounts treated as qualifying 

distributions in prior years, and reduced 

by any taxes imposed under subtitle A 

and section 4940. Section 4942(g) 

generally defines a ‘‘qualifying 

distribution’’ as any expenditure or 

grant, including program-related 

investments and certain set-asides of 

income, paid to accomplish one or more 

purposes described in section 

170(c)(2)(B) (‘‘charitable purposes’’). 

Under section 4942(g)(1)(A), however, 

grants to organizations controlled, 

directly or indirectly, by the foundation 

or one or more of its disqualified 

persons are not qualifying distributions 

unless the grant is redistributed for 

charitable purposes within the period 

specified in section 4942(g)(3). 

Similarly, grants to other private 

foundations (except private operating 

foundations), are not qualifying 

distributions. In addition, in 2006, the 

Pension Protection Act of 2006, Public 

Law No. 109–208, 120 Stat. 780 (2006) 

(‘‘PPA’’), added section 4942(g)(4), 

which provides that a qualifying 

distribution does not include any 

amount paid to a disqualified 

supporting organization. Section 

53.4942(a)–3(a)(6), however, has not 

been amended to reflect this statutory 

change. 

For purposes of section 4942, a grant 

for charitable purposes to a foreign 

organization that does not have a 

determination letter from the IRS may 

be treated as a qualifying distribution if 

the grantor private foundation makes a 

‘‘good faith determination’’ that the 

foreign organization is a private 

operating foundation or a public charity 

that is not a disqualified supporting 

organization, provided that the foreign 

organization is not controlled by the 

foundation or its disqualified persons. 

See § 53.4942(a)–3(a)(6). Under 

§ 53.4942(a)–3(a)(6), a private 

foundation will ordinarily be 

considered to have made a ‘‘good faith 


emcdonald on DSK67QTVN1PROD with PROPOSALS