This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

14929 

Vol. 74, No. 62 

Thursday, April 2, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0419; Directorate 

Identifier 2007–NE–52–AD; Amendment 39– 

15871; AD 2009–07–12] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company CF34–1A, –3A, –3A1, 

–3A2, –3B, and –3B1 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for General 

Electric Company (GE) CF34–1A, –3A, 

–3A1, –3A2, –3B, and –3B1 turbofan 

engines with high-pressure (HP) rotor 

4-step air balance piston stationary seals 

(4-step seals), part numbers (P/Ns) 

4923T54G01, 6019T90G03, 

6037T99G01, 6037T99G02, and 

6037T99G03, installed. This AD 

requires removing the 4-step seals and 

incorporating an 8-step seal at the next 

piece-part exposure. This AD results 

from the investigation of an airplane 

accident. Both engines experienced 

high-altitude flameout. Rotation of the 

HP rotors was not maintained during 

descent and the engines could not be 

restarted. We are issuing this AD to 

prevent the inability to restart both 

engines after flameout due to excessive 

friction of the 4-step seal, which could 

result in subsequent forced landing of 

the airplane. 

DATES: This AD becomes effective May 

7, 2009. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Steeves, Aerospace Engineer, 

Engine Certification Office, Engine and 

Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kenneth.steeves@faa.gov; 

telephone: (781) 238–7765; fax: (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to GE CF34–1A, –3A, –3A1, 

–3A2, –3B, and –3B1 turbofan engines 

with HP rotor 4-step air balance piston 

stationary seals (4-step seals), P/Ns 

4923T54G01, 6019T90G03, 

6037T99G01, 6037T99G02, and 

6037T99G03, installed. We published 

the proposed AD in the Federal Register 

on July 23, 2008 (73 FR 42725). That 

action proposed to require removing the 

4-step seals and incorporating an 8-step 

seal at the next piece-part exposure. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Reword the Reason for 

Engine Modification 

Air Wisconsin Airlines requests that 

the proposed AD be reworded to 

indicate that the desired reason for the 

engine modification is to enhance 

safety, and not as a result of the 

accident, as stated. Otherwise, the 

implication is that the CF34 engine does 

not meet the certification requirements, 

which, is inaccurate. The commenter 

also states that they believe the 

justification stated in the NPRM is a 

gross misrepresentation of the situation 

and events, which led up to the 

referenced accident. The commenter 

states that the failure of the engines to 

restart after the flameout event was a 

direct result of the flight crew failing to 

properly follow in-flight engine restart 

procedures. The commenter states that 

every engine is tested during the aircraft 

certification test flight process to ensure 

it meets the requirements of Federal 

Aviation Regulation 25.903. 

We do not agree. The proposed AD 

does not state that the 4-step seal was 

the cause of the accident, but that the 

proposed AD resulted from the 

investigation of the accident. The 

investigation found that under certain 

high-power, high-altitude engine 

shutdown events, interference between 

the rotating and stationary portions of 

the 4-step air balance piston seal can 

develop. We did not change the AD. 

Request To Clarify ‘‘Piece-Part 

Exposure’’ Definition 

Air Wisconsin Airlines states that if 

the desire is to ensure engine 

modification at first exposure, then the 

requirement should indicate to 

accomplish the GE seal modification 

service bulletin at ‘‘piece-partexposure’’. Piece-part exposure should 

be defined as ‘‘removal of the 

combustion liner’’ but no later than the 

first life-limited part shop visit, since 

this is when the HP turbine life-limited 

parts (and typically the combustion 

liner) are removed. The commenter also 

states that the proposed AD compliance 

requirements are not entirely clear. The 

air balance piston seal is a nonserialized part, which makes it difficult 

to track and manage the part. The 

commenter states that they have 

observed a maintenance and overhaul 

shop that overlooked a particular 

requirement to incorporate a 

modification, because of an 

interpretation of what ‘‘piece-part 

exposure’’ was. 

We partially agree. We agree that the 

4-step seal should be removed when the 

combustion liner is removed at piecepart exposure. We do not agree removal 

must be tied to the life-limited parts. We 

changed the piece-part exposure 

definition in the AD to state ‘‘For the 

purposes of this AD, piece-part 

exposure means when the 4-step seal is 

removed from the engine or when the 

combustion liner is removed.’’ 


dwashington3 on PROD1PC60 with RULES
14930 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Rules and Regulations 

Request To Change Incident 

Description Statement 

GE requests that we change the 

incident description statement of ‘‘Both 

engines experienced high-altitude 

flameouts’’ which appears in the 

proposed AD Summary and Unsafe 

Condition, to ‘‘As a result of a highaltitude airplane stall and upset, both 

engines experienced high-power 

flameouts.’’ The commenter states that 

this change is a more accurate 

representation of the event. 

We do not agree. As we have said 

previously the proposed AD does not 

state that the 4-step seal caused the 

accident. GE found during the course of 

the investigation that under certain 

high-power, high-altitude engine 

shutdown events, interference between 

the rotating and stationary portions of 

the 4-step air balance piston seal can 

develop. We did not change the AD. 

Request To Change the FAA’s Reason 

for the AD Action 

GE requests that we change the FAA’s 

reason statement for the AD action, from 

‘‘We are proposing this AD to prevent 

the inability to restart both engines after 

flameout due to excessive friction of the 

4-step seal, which could result in 

subsequent forced landing of the 

airplane’’ to ‘‘We are proposing this AD 

to enhance the ability to restart an 

engine after flameout by reducing the 

friction in the 4-step seal, which could 

result in subsequent forced landing of 

the airplane.’’ The commenter states 

that this change would be a more 

accurate representation and support the 

assessment that this is a very rare 

occurrence and the recommended 

actions are not prevalent as proven by 

the category level of the relevant service 

bulletins. 

We do not agree. As already noted, 

the accident was not attributed to the 

friction of the 4-step seal. We have 

found an unsafe condition with the 

product. The proposed wording suggests 

the modification or replacement may 

not be adequate to address the inability 

to restart due to the friction. We did not 

change the AD. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

2,722 CF34–1A, –3A, –3A1, –3A2, –3B, 

and –3B1 turbofan engines installed on 

airplanes of U.S. registry. We estimate 

that approximately 2,450 engines with 

4-step seals will incorporate the 8-step 

seal configuration at an overhaul shop 

visit at no additional cost. We estimate 

that approximately 272 engines with 4- 

step seals will require additional work 

to modify the seal insert to the 8-step 

seal configuration. We estimate that it 

will take about 5 work-hours per engine 

to perform the seal modification, and 

that the average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the total cost of the AD to U.S. 

operators to be $108,800. 

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 have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 14 CFR part 39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2009–07–12 General Electric Company: 

Amendment 39–15871. Docket No. 

FAA–2007–0419; Directorate Identifier 

2007–NE–52–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 7, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) CF34–1A, –3A, –3A1, –3A2, 

–3B, and –3B1 turbofan engines, with highpressure (HP) rotor 4-step air balance piston 

stationary seals (4-step seals), part numbers 

(P/Ns) 4923T54G01, 6019T90G03, 

6037T99G01, 6037T99G02, and 6037T99G03, 

installed. These engines are installed on, but 

not limited to, Bombardier, Inc. airplane 

models CL–600–2A12, –2B16, and –2B19. 

Unsafe Condition 

(d) This AD results from the investigation 

of an airplane accident. Both engines 

experienced high-power flameout. Rotation 

of the HP rotors was not maintained during 

descent and the engines could not be 

restarted. We are issuing this AD to prevent 

the inability to restart both engines after 

flameout due to excessive friction of the 4- 

step seal, which could result in subsequent 

forced landing of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed at the 

next piece-part exposure after the effective 

date of this AD, unless the actions have 

already been done. 

(f) Remove the 4-step seals, P/Ns 

4923T54G01, 6019T90G03, 6037T99G01, 

6037T99G02, and 6037T99G03. 

(g) Incorporate an 8-step seal, either by 

modifying the existing 4-step seal to an 8- 

step seal, or by replacing it with an 8-step 

seal. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Rules and Regulations 14931 

(h) Information on modifying the seal and 

part number configuration charts, can be 

found in GE Service Bulletin (SB) No. CF34– 

AL S/B 72–0238, dated July 27, 2007 (CL– 

600–2B19), and SB No. CF34–BJ S/B 72– 

0217, dated July 27, 2007 (CL–600–2A12 and 

CL–600–2B16). 

Definition 

(i) For the purposes of this AD, piece-part 

exposure means when the 4-step seal is 

removed from the engine or when the 

combustion liner is removed. 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(k) Contact Kenneth Steeves, Aerospace 

Engineer, Engine Certification Office, Engine 

and Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: keneth.steeves@faa.gov; 

telephone: (781) 238–7765, fax: (781) 238– 

7199, for more information about this AD. 

Material Incorporated by Reference 

(l) None. 

Issued in Burlington, Massachusetts, on 

March 26, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7417 Filed 4–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 215 

RIN 0412–AA61 

Privacy Act of 1974, Implementation of 

Exemptions 

AGENCY: United States Agency for 

International Development. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This document delays the 

effective date by 30 days for the final 

rule exempting portions of the Partner 

Vetting System from one or more 

provisions of the Privacy Act, as 

published in the Federal Register on 

January 2, 2009 and delayed on 

February 2, 2009. 

DATES: The effective date for the final 

rule published on January 2, 2009 (74 

FR 9) and delayed on February 2, 2009 

(74 FR 5808) is further delayed until 

May 4, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Jeff 

Denale, Chief, Counterterrorism and 

Information Security Division, Office of 

Security, United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20523; 

or by telephone 202 712 1264. 

Dated: March 30, 2009. 

Randy T. Streufert, 

Director, Office of Security. 

[FR Doc. E9–7414 Filed 4–1–09; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9394] 

RIN 1545–BD80 

Special Rules To Reduce Section 1446 

Withholding; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9394) that were published in the 

Federal Register on Tuesday, April 29, 

2008 (73 FR 23069) regarding when a 

partnership may consider certain 

deductions and losses of a foreign 

partner to reduce or eliminate the 

partnership’s obligation to pay 

withholding tax under section 1446 on 

effectively connected taxable income 

allocable under section 704 to such 

partner. The regulations will affect 

partnerships engaged in a trade or 

business in the United States that have 

one or more foreign partners. 

DATES: This correction is effective on 

April 2, 2009, and is applicable on April 

29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Ronald M. Gootzeit at (202) 622–3860 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this document are under 

sections 1446, 1464, 6071, 6091, 6151, 

6302, and 6414 of the Internal Revenue 

Code. 

Need for Correction 

As published, final regulations (TD 

9394) contains errors that may prove to 

be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.1446–6 is amended 

as follows: 

■ 1. Paragraph (c)(2)(i) is revised. 

■ 2. The last sentence of paragraph 

(d)(3)(ii) is revised and a new sentence 

is added at the end of the paragraph. 

■ 3. Paragraphs (e)(1)(vi) second 

occurrence, (e)(1)(vii), and (e)(1)(viii) 

are redesignated as paragraphs 

(e)(1)(vii), (e)(1)(viii), and (e)(1)(ix), 

respectively. 

■ 4. The first sentence of paragraph 

(e)(2) Example 2.(i) is revised. 

■ 5. The third and fourth sentences of 

paragraph (e)(2) Example 2.(ii) are 

revised. 

■ 6. The fourth sentence of paragraph 

(e)(2) Example 4. is revised. 

■ 7. Paragraph (e)(2) Example 6.(ii) is 

revised. 

The revisions and addition read as 

follows: 

§ 1.1446–6 Special rules to reduce a 

partnership’s 1446 tax with respect to a 

foreign partner’s allocable share of 

effectively connected taxable income. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Form of certification. A partner’s 

certification to a partnership under 

paragraph (c)(1)(i) or (iii) of this section 

shall be made using Form 8804–C, 

‘‘Certificate Of Partner-Level Items to 

Reduce Section 1446 Withholding’’ in 

accordance with the instructions of the 

form and the rules of this section. 

* * * * * 

(d) * * * 

(3) * * * 

(ii) * * * To permit the partnership 

to reasonably rely on such certificate, 

the partnership shall be considered to 

have satisfied the requirements of 

paragraph (d)(3)(i) of this section if the 

partnership demonstrates that such 

failure was due to reasonable cause and 

not willful neglect and if once the 

partnership becomes aware of the 

failure, the partnership attaches the 

certificate and computation, as well as 

a written statement setting forth the 

reasons for the failure to comply with 

the requirements of paragraph (d)(3)(i) 

of this section, to an amended Form 

8813 or amended Forms 8804 and 8805 


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