Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules 12979

behalf the vote is cast, is an eligible

voter;

(c) Give reasonable advance public

notice of the referendum:

(1) By utilizing available media or

public information sources, without

incurring advertising expense, to

publicize the dates, places, method of

voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio; and

(2) By such other means as the agent

may deem advisable.

(d) Mail to eligible qualified handlers,

whose names and addresses are known

to the referendum agent, the

instructions on voting, a ballot, and a

summary of the terms and conditions of

the Order. No person who claims to be

eligible to vote shall be refused a ballot.

(e) At the end of the voting period,

collect, open, number, and review the

ballots and tabulate the results in

presence of an agent of the Office of

Inspector General.

(f) Prepare a report on the referendum.

(g) Announce the results to the public.

§ 1208.204 Subagents.

The referendum agent may appoint

any individual or individuals deemed

necessary or desirable to assist the agent

in performing such agent’s functions

hereunder. Each individual so

appointed may be authorized by the

agent to perform any or all of the

functions which, in the absence of such

appointment, shall be performed by the

agent.

§ 1208.205 Ballots.

The referendum agent and subagents

shall accept all ballots cast; but, should

they, or any of them, deem that a ballot

should be questioned for any reason, the

agent or subagent shall endorse above

their signature, on the ballot, a

statement to the effect that such ballot

was questioned, by whom questioned,

the reasons therefore, the results of any

investigations made with respect

thereto, and the disposition thereof.

Ballots invalid under this subpart shall

not be counted.

§ 1208.206 Referendum report.

Except as otherwise directed, the

referendum agent shall prepare and

submit to the Administrator a report on

results of the referendum, the manner in

which it was conducted, the extent and

kind of public notice given, and other

information pertinent to analysis of the

referendum and its results.

§ 1208.207 Confidential information.

The ballots and other information or

reports that reveal, or tend to reveal, the

vote of any person covered under the

Act and the voting list shall be held

confidential and shall not be disclosed.

Dated: March 14, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–6985 Filed 3–17–97; 9:49 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–04]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT9D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Pratt & Whitney JT9D series turbofan

engines, that currently requires initial

and repetitive eddy current inspection

(ECI) or fluorescent penetrant inspection

(FPI) for cracks in first stage high

pressure turbine (HPT) disk cooling air

holes. This action would require initial

and repetitive FPI for cracks in cooling

air holes of additional first stage HPT

disks, and replacement with serviceable

parts. In addition, this action would

require initial and repetitive FPI for

cracks in tie bolt holes of certain other

affected second stage HPT disks

installed in PW JT9D series turbofan

engines. This proposal is prompted by

reports of a cracked cooling air hole on

one first stage HPT disk, and a cracked

tie bolt hole on one second stage HPT

disk. The actions specified by the

proposed AD are intended to prevent

turbine disk failure due to cooling air

hole or tie bolt hole cracking, which

could result in an uncontained engine

failure and damage to the aircraft.

DATES: Comments must be received by

May 19, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

97–ANE–04, 12 New England Executive

Park, Burlington, MA 01803–5299.

Comments may also be sent via the

Internet using the following address: ‘‘9-

ad-engineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

Comments may be inspected at this

location between 8:00 a.m. and 4:30

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Pratt & Whitney, 400 Main St., East

Hartford, CT 06108; telephone (860)

565–6600, fax (860) 565-4503. This

information may be examined at the

FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New

England Executive Park, Burlington,

MA.

FOR FURTHER INFORMATION CONTACT:

Daniel Kerman, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7130,

fax (617) 238–7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–ANE–04.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, New England Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97–ANE–04, 12 New
12980 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules

England Executive Park, Burlington, MA

01803–5299.

Discussion

On January 3, 1991, the Federal

Aviation Administration (FAA) issued

airworthiness directive AD 91–04–10,

Amendment 39–6859 (56 FR 5343,

February 11, 1991), applicable to Pratt &

Whitney (PW) JT9D series turbofan

engines, to require initial and repetitive

eddy current inspection (ECI) or

fluorescent penetrant inspection (FPI) of

first stage high pressure turbine (HPT)

disk cooling air holes, and removal from

service of disks that have developed

cracks. That action was prompted by six

reports of first stage HPT disks that

developed cracks in service. That

condition, if not corrected, could result

in turbine disk failure due to cooling

hole cracking, which could result in an

uncontained engine failure and damage

to the aircraft.

Since the issuance of that AD, PW

produced improved first stage HPT

disks, Part Number (P/N) 840301,

installed on JT9D–59A, 70A, 7Q, and

7Q3 engines, that utilized enhanced

manufacturing processes that were

intended to preclude improper

machining. In addition, PW introduced

procedures for rework of four existing

disks, P/Ns 768001, 792701, 812901,

819801, into disks with improved hole

surface processing, P/Ns 840401,

840501, 840601, and 840701, believed

to eliminate damaged material. Both the

improved and reworked disks share the

possibility of improper machining

resulting in damaged material

microstructure. The FAA has since

received reports that one improved first

stage HPT disk installed in a PW JT9D–

7Q series turbofan engine, and one

second stage HPT disk installed in a PW

JT9D–7R4E1 (AI–500) series turbofan

engine, have developed cracks in

service. These cracks were discovered

within the cooling holes of the first

stage HPT disk and within the tie bolt

holes of the second stage HPT disk.

These cracks were found during routine

FPI of the cooling holes and tie bolt

holes carried out during engine shop

visits. Engineering review of the

structural load conditions within the

cooling holes and tie bolt holes

concluded that all cracking had initiated

and propagated in low cycle fatigue

(LCF). Metallurgical analysis of these

two cracked disks revealed a severely

worked outer surface layer of material

within the holes. The material

microstructure at this worked layer

manifested itself as distorted, elongated

grains. The FAA has determined that

this condition is the result of improper

machining of the cooling and tie bolt

holes during the disk manufacturing

process.

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

supersede AD 91–04–10 to require

initial and repetitive FPI for cracks in

cooling air holes of affected first stage

HPT disks, and, if necessary,

replacement with serviceable parts. In

addition, this proposed AD would

require initial and repetitive FPI for

cracks in tie bolt holes of all affected

second stage HPT disks. Finally, this

proposed AD would require reporting

findings of cracked turbine disks.

There are approximately 881 engines

of the affected design in the worldwide

fleet. The FAA estimates that 236

engines installed on aircraft of U.S.

registry would be affected by this

proposed AD. The FAA estimates a total

of 3 HPT disks would be found cracked,

and the approximate cost for a new HPT

disk is $200,000. Operators average

approximately 1,800 cycles in service

per year. For the PW JT9D–59A, –70A,

–7Q, and 7Q3 fleet, the FAA estimates

10.28 inspections over a 20 year period.

For the PW JT9D–7R4D, –7R4D1, 7R4E,

and –7R4E1 (AI–500) fleet, the FAA

estimates 6.0 inspections over a 20 year

period. The estimated time to

accomplish an inspection would be 0.5

work hours, and the average labor rate

is $60 per work hour. The estimated

cost to inspect the PW JT9D–59A, –70A,

–7Q, and –7Q3 fleet of 136 engines over

a 20 year period is $41,942. The

estimated cost to inspect the PW JT9D–

7R4D, –7R4D1, 7R4E, and –7R4E1 (AI–

500) fleet of 100 engines is $18,000.

Based on these figures, the total cost

impact of the proposed AD on U.S.

operators is estimated to be $659,942.

The regulations proposed herein

would not have substantial direct effects

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. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that 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) if

promulgated, 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. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39-6859 (56 FR

5343, February 11, 1991) and by adding

a new airworthiness directive to read as

follows:

Pratt & Whitney: Docket No. 97–ANE–04.

Supersedes AD 91–04–10, Amendment

39–6859.

Applicability: Pratt & Whitney (PW) JT9D–

59A, –70A, –7Q, –7Q3, –7R4D, –7R4D1,

7R4E, and –7R4E1 (AI–500) series turbofan

engines, installed on but not limited to

Airbus Industrie A300 and A310, Boeing 747

and 767, and McDonnell Douglas DC–10

series aircraft.

Note 1. This airworthiness directive (AD)

applies to each engine identified in the

preceding applicability provision, regardless

of whether it has been modified, altered, or

repaired in the area subject to the

requirements of this AD. For engines that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (d)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent turbine disk failure due to

cooling hole or tie bolt hole cracking, which

could result in an uncontained engine failure

and damage to the aircraft, accomplish the

following:

(a) For first stage high pressure turbine

(HPT) disks, Part Numbers (P/Ns) 768001,

792701, 812901, 819801, 840501, 840401,

840701, 840601, and 840301, installed in PW
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules 12981

JT9D–59A, –70A, –7Q, and –7Q3 engines,

accomplish the following:

(1) Disks that have not been fluorescent

penetrant inspected or eddy current

inspected since introduction into service,

perform an initial fluorescent penetrant

inspection (FPI) for cracks in all 40 cooling

air holes in accordance with PW Turbojet

Engine Standard Practices Manual, P/N

585005, Chapter/Section 70–33, using

Special Process Operation Procedure (SPOP)

84, as follows:

(i) Disks with 3,500 cycles since new (CSN)

or more on the effective date of this AD,

inspect prior to accumulating 5,000 CSN, or

within 1,500 cycles in service (CIS) after the

effective date of this AD, whichever occurs

later.

(ii) Disks with less than 3,500 CSN on the

effective date of this AD, inspect prior to

accumulating 5,000 CSN.

(2) Disks that have been reoperated in

accordance with PW SB No. 5815, Revision

2, dated July 31, 1992, or prior revisions, that

have not been fluorescent penetrant

inspected or eddy current inspected since

reoperation, perform an initial FPI for cracks

in all 40 cooling air holes in accordance with

PW Turbojet Engine Standard Practices

Manual, P/N 585005, Chapter/Section 70–33,

using SPOP 84, as follows:

(i) Disks with 3,500 CIS or more since

reoperation on the effective date of this AD,

inspect prior to accumulating 5,000 CIS since

reoperation, or within 1,500 CIS after the

effective date of this AD, whichever occurs

later.

(ii) Disks with less than 3,500 CIS since

reoperation on the effective date of this AD,

inspect prior to accumulating 5,000 CIS since

reoperation.

(3) Disks that have been fluorescent

penetrant inspected, or eddy current

inspected, since introduction into service or

since re-operation, in accordance with PW

SB No. 5744, Revision 3, dated March 31,

1993, or prior revisions, or PW JT9D–7Q,

–7Q3 Engine Manual, P/N 777210, 72–51–00,

Inspection –03, or PW JT9D–59A, –70A

Engine Manual, P/N 754459, 72–51–00,

Heavy Maintenance Check –03, perform an

FPI for cracks in all 40 cooling air holes,

prior to accumulating 3,500 CIS since last FPI

or ECI, or within 250 CIS after the effective

date of this AD, whichever occurs later, in

accordance with PW Turbojet Engine

Standard Practices Manual, P/N 585005,

Chapter/Section 70–33, using SPOP 84.

(4) Thereafter, perform FPI for cracks in all

40 cooling air holes at intervals not to exceed

3,500 CIS since last FPI, in accordance with

PW Turbojet Engine Standard Practices

Manual, P/N 585005, Chapter/Section 70–33,

using SPOP 84.

(5) Prior to further flight, remove from

service cracked disks, and replace with

serviceable parts.

(b) For second stage HPT disks, P/N

5001802–01, installed in PW JT9D–7R4D,

–7R4D1, 7R4E, and –7R4E1 (AI–500) engines,

accomplish the following:

(1) Disks that have not been fluorescent

penetrant inspected since introduction into

service, perform an initial FPI for cracks in

all 30 tie bolt holes in accordance with PW

Turbojet Engine Standard Practices Manual,

P/N 585005, Chapter/Section 70–33, using

SPOP 84, as follows:

(i) Disks with 6,000 CSN or more on the

effective date of this AD, inspect prior to

accumulating 8,000 CSN, or within 2,000 CIS

after the effective date of this AD, whichever

occurs later.

(ii) Disks with less than 6,000 CSN on the

effective date of this AD, inspect prior to

accumulating 8,000 CSN.

(2) Disks that have been fluorescent

penetrant inspected since introduction into

service, perform an FPI for cracks in all 30

tie bolt holes, prior to accumulating 6,000

CIS since last FPI, or within 250 CIS after the

effective date of this AD, whichever occurs

later, in accordance with PW Turbojet Engine

Standard Practices Manual, P/N 585005,

Chapter/Section 70–33, using SPOP 84.

(3) Thereafter, perform FPI for cracks in all

30 tie bolt holes at intervals not to exceed

6,000 CIS since last FPI, in accordance with

PW Turbojet Engine Standard Practices

Manual, P/N 585005, Chapter/Section 70–33,

using SPOP 84.

(4) Prior to further flight, remove from

service cracked disks, and replace with

serviceable parts.

(c) Report findings of cracked turbine disks

within 48 hours after inspection to Daniel

Kerman, Aerospace Engineer, Engine

Certification Office, FAA, Engine and

Propeller Directorate, 12 New England

Executive Park, Burlington, MA 01803–5299;

telephone (617) 238–7130, fax (617) 238–

7199, Internet: ‘‘Daniel.Kerman@faa.dot.gov’’.

Reporting requirements have been approved

by the Office of Management and Budget and

assigned OMB control number 2120–0056.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Engine

Certification Office. The request should be

forwarded through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Engine Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Engine

Certification Office.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the inspection requirements

of this AD can be accomplished.

Issued in Burlington, Massachusetts, on

March 13, 1997.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–6889 Filed 3–18–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–249819–96, REG–209762–95]

RIN 1545–AU67, 1545–AT32

Reorganizations; Receipt of Securities

and Allocations of Depreciation

Recapture Among Partners in a

Partnership; Hearing Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notices of public

hearing on proposed rulemaking.

SUMMARY: This document provides

notice of cancellation of public hearings

on proposed regulations relating to the

receipt, as part of a reorganization, of

rights to acquire stock of a corporation

that is a party to the reorganization and

the allocation of depreciation recapture

among partners in a partnership.

DATES: The public hearings originally

scheduled for March 25, 1997, and

March 27, 1997, respectively, beginning

at 10 a.m., are cancelled.

FOR FURTHER INFORMATION CONTACT:

Evangelista C. Lee of the Regulations

Unit, Assistant Chief Counsel

(Corporate), (202) 622–7190 (not a toll

free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearings is

proposed amendments to the Income

Tax Regulations under sections 354,

355, 356, 704 and 1245 of the Internal

Revenue Code. A notice of public

hearing appearing in the Federal

Register on Monday, December 23, 1996

(61 FR 67508) and Thursday, December

12, 1996 (61 FR 65371), announced that

a public hearing would be held on

Tuesday, March 25, 1997, and

Thursday, March 27, 1997, beginning at

10 a.m., in room 3313, Internal Revenue

Building, 1111 Constitution Avenue,

NW, Washington, DC 20224.

The public hearings scheduled for

Tuesday, March 25, 1997, and

Thursday, March 27, 1997, respectively,

are cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–6891 Filed 3–18–97; 8:45 am]

BILLING CODE 4830–01–U