Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59573 

Related Information 

(h) Refer to MCAI Federal Republic of 

Germany Luftfahrt-Bundesamt AD D–2008– 

231, dated July 11, 2008; and AD D–2008– 

232, dated July 11, 2008; and Grob Aerospace 

Service Bulletin No. MSB 315–76/1 and No. 

869–27/1 (same document), dated June 23, 

2008, for related information. 

Issued in Kansas City, Missouri, on 

October 2, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–23973 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1081; Directorate 

Identifier 2008–NM–143–AD] 

RIN 2120–AA64 

Airworthiness Directives; ATR Model 

ATR72 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: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

* * * * * 

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 November 10, 

2008. 

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. 

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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

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–2008–1081; Directorate Identifier 

2008–NM–143–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency Airworthiness Directive 

2008–0137–E, dated July 23, 2008 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

For the reasons stated above, this AD 

requires you to check [for] the presence of the 

four cotter pins and [perform] their 

installation if they are found to be missing. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

ATR has issued Avions de Transport 

Regional Service Bulletin ATR72–27– 

1059, Revision 02, dated May 19, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

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 


jlentini on PROD1PC65 with PROPOSALS
59574 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 

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 20 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. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$3,200, 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, 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: 

ATR–GIE Avions De Transport Re ́gional 

(Formerly Aerospatiale): Docket No. 

FAA–2008–1081; Directorate Identifier 

2008–NM–143–AD. 

Comments Due Date 

(a) We must receive comments by 

November 10, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to ATR Model ATR72– 

101, –102, –201, –202, –211, –212, and 

–212A airplanes, all serial numbers, 

certificated in any category; as identified in 

paragraphs (c)(1) and (c)(2) of this AD, as 

applicable. 

(1) This AD applies to airplanes on which 

ATR Service Bulletin ATR72–27–1059 was 

done in service at original issue, dated 

October 3, 2006, or Revision 01, dated March 

14, 2007, except as provided by paragraph 

(c)(2) of this AD. 

(2) This AD does not apply to airplanes on 

which Revision 02 of ATR Service Bulletin 

ATR72–27–1059 was done in service, or ATR 

Modification 05572 was done in production. 

Modification 05572 is factory-incorporated 

on ATR72–212A airplanes from 

manufacturer’s serial number (MSN) 730. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

For the reasons stated above, this AD 

requires you to check [for] the presence of the 

four cotter pins and [perform] their 

installation if they are found to be missing. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 10 days after the effective date 

of this AD: Verify installation of the four 

cotter pins securing the nuts of the fastener 

assemblies connecting the elevator control 

rods to the elevator bellcranks as shown in 

Figure 1 of the Accomplishment Instructions 

of Avions de Transport Regional Service 

Bulletin ATR72–27–1059, Revision 02, dated 

May 19, 2008. 

(2) If any cotter pin is found missing, 

before further flight, install a new cotter pin 

with part number MS24665–164 by doing all 

the applicable actions in accordance with the 

Accomplishment Instructions of Avions de 

Transport Regional Service Bulletin ATR72– 

27–1059, Revision 02, dated May 19, 2008. 

Note 1: For accessing the zone to be 

inspected, panels 325BL, 325BR, 327HL, 

327KL, 327KR, 327JR, 327JL, 333BB, and 

334BB may need to be removed. AMM 

(airplane maintenance manual) 06–41–30 

contains removal procedures. 

(3) Before further flight after 

accomplishment of paragraph (f)(2) of this 

AD, perform an operational test of the 

elevator control as specified in paragraph 

3.D., ‘‘Tests,’’ of the Accomplishment 

Instructions of Avions de Transport Regional 

Service Bulletin ATR72–27–1059, Revision 

02, dated May 19, 2008. If any elevator 

control rod fails the operational test, before 

further flight, repair using a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the European Aviation 

Safety Agency (EASA) (or its delegated 

agent). 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

The MCAI does not specify corrective 

action for failure of the operational test 

(binding or friction) specified in paragraph 

(f)(3) of this AD. This AD requires using a 

method approved by the Manager, 

International Branch, ANM–116 or the EASA 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59575 

(or its delegated agent) and performing 

corrective action before further flight. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Emergency 

Airworthiness Directive 2008–0137–E, dated 

July 23, 2008, and Avions de Transport 

Regional Service Bulletin ATR72–27–1059, 

Revision 02, dated May 19, 2008, for related 

information. 

Issued in Renton, Washington, on October 

3, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–23982 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–143544–04] 

RIN 1545–BD84 

Regulations Enabling Elections for 

Certain Transactions Under Section 

336(e) 

Correction 

In proposed rule document E8–19603 

beginning on page 49965 in theissue of 

Monday, August 25, 2008, make the 

following correction: 

§1.336–3 [Corrected] 

1. On page 49979, in the first column, 

in §1.336–3(d)(1), in thetwenty-second 

line, ‘‘into account in an amount’’ 

should read‘‘into account in amount’’. 

2. On the same pages, in the same 

column, in §1.336–3(d)(2), in thelast 

line, ‘‘into account in an amount’’ 

should read ‘‘into accountin amount’’. 

[FR Doc. Z8–19603 Filed 10–8–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–107318–08] 

RIN 1545–BH75 

Notice to Participants of 

Consequences of Failing To Defer 

Receipt of Qualified Retirement Plan 

Distributions; Expansion of Applicable 

Election Period and Period for Notices 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

and notice of public hearing. 

SUMMARY: This document contains 

proposed regulations under sections 

402(f), 411(a)(11), and 417 of the 

Internal Revenue Code (Code). The 

proposed regulations would provide 

that the notice required under section 

411(a)(11) to be provided to a 

participant of his or her right, if any, to 

defer receipt of an immediately 

distributable benefit must also describe 

the consequences of failing to defer 

receipt of the distribution. The proposed 

regulations would also provide that the 

applicable election period for waiving 

the qualified joint and survivor annuity 

form of benefit under section 417 is the 

180-day period ending on the annuity 

starting date, and that a notice required 

to be provided under section 402(f), 

section 411(a)(11), or section 417 may 

be provided to a participant as much as 

180 days before the annuity starting date 

(or, for a notice under section 402(f), the 

distribution date). These regulations 

would affect administrators of, 

employers maintaining, participants in, 

and beneficiaries of tax-favored 

retirement plans. 

DATES: Written or electronic comments 

and requests to speak at the public 

hearing must be received by January 7, 

2009. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–107318–08), room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington 

DC 20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to: CC:PA:LPD:PR (REG–107318–08), 

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–107318– 

08). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, Michael P. 

Brewer at (202) 622–6090; concerning 

submission of comments or to request to 

speak at the public hearing, Funmi 

Taylor at (202) 622–7180 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in this notice of proposed 

rulemaking has been submitted to the 

Office of Management and Budget for 

review in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)). Comments on the 

collection of information should be sent 

to the Office of Management and 

Budget, Attn: Desk Officer for the 

Department of the Treasury, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503, with copies to 

the Internal Revenue Service, Attn: IRS 

Reports Clearance Officer, 

SE:W:CAR:MP:T:T:SP; Washington, DC 

20224. Comments on the collection of 

information should be received by 

December 8, 2008. Comments are 

specifically requested concerning: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Internal Revenue Service, including 

whether the information will have 

practical utility; 

The accuracy of the estimated burden 

associated with the proposed collection 

of information; 

How the quality, utility, and clarity of 

the information to be collected may be 

enhanced; 

How the burden of complying with 

the proposed collections of information 

may be minimized, including through 

the application of automated collection 

techniques or other forms of information 

technology; and 

Estimates of capital or start-up costs 

and costs of operation, maintenance, 

and purchase of service to provide 

information. 

The collection of information in these 

proposed regulations is in § 1.411(a)– 

11(c)(2) of the Income Tax Regulations. 

This collection of information is 

required to comply with the statutory 


jlentini on PROD1PC65 with PROPOSALS