59172 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

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: 

British Aerospace Regional Aircraft: Docket 

No. FAA–2010–0942; Directorate 

Identifier 2010–CE–049–AD. 

Comments Due Date 

(a) We must receive comments by 

November 12, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to British Aerospace 

Regional Aircraft Models Jetstream Series 

3101 and Jetstream Model 3201 airplanes, all 

serial numbers, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

As a result of the fatigue-testing 

programme on the Jetstream fatigue test 

specimen, it has been identified that failure 

of the undercarriage jack mounting shaft 

assembly can occur. 

This condition, if not corrected, could lead 

to a Main Landing Gear (MLG) collapse on 

the ground or during landing and 

consequently damage to the aeroplane or 

injury to the occupants. 

BAE SYSTEMS have now defined safe life 

limits for these components. 

For the reasons described above, this AD 

requires the application of safe life limits to 

these components. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 30 days after the effective date 

of this AD, establish the number of landings 

accumulated since installation of each left 

and right main landing gear radius rod 

mounting shaft assemblies following 

paragraph 2.(A) of BAE Systems British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 05–JA090143, dated April 

30, 2009. 

(2) Replace the left and right main landing 

gear radius rod mounting shaft assembly with 

an airworthy assembly following British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 32–JA990142, dated March 

26, 1999, within the following: 

(i) For Model Jetstream Series 3101: Within 

38,220 total landings accumulated on each 

main landing gear radius rod mounting shaft 

assembly or within 1,000 landings after the 

effective date of this AD, whichever occurs 

later; and 

(ii) For Model Jetstream Model 3201: 

Within 31,038 total landings accumulated on 

each main landing gear radius rod mounting 

shaft assembly or within 1,000 landings after 

the effective date of this AD, whichever 

occurs later. 

(3) After replacing each main landing gear 

radius rod mounting shaft assembly as 

required by paragraph (f)(2) of this AD, 

repetitively thereafter replace each assembly 

with an airworthy assembly at intervals not 

to exceed the following life limits: 

(i) For Model Jetstream Series 3101: Within 

38,220 total landings; and 

(ii) For Model Jetstream Model 3201: 

Within 31,038 total landings. 

(4) For operators that do not have landing 

records, determine the number of landings by 

multiplying the number of hours time-inservice (TIS) accumulated on each main 

landing gear radius rod mounting shaft 

assembly by 0.75. For the purpose of this AD: 

(i) 1,000 landings equals 1,333 hours TIS; 

(ii) 31,038 landings equals 41,384 hours 

TIS; and 

(ii) 38,220 landings equals 50,960 hours 

TIS. 

(5) Compliance with the life limits set in 

paragraph (f)(3) of this AD may be done by 

incorporating these limits into the limitations 

section of the aircraft maintenance manual. 

You may do this by inserting a copy of this 

AD into the limitations section of aircraft 

maintenance manual. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4138; fax: (816) 329– 

4090; e-mail: taylor.martin@faa.gov. 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 

(44 U.S.C. 3501 et seq.), 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 European Aviation 

Safety Agency (EASA) AD No.: 2010–0162, 

dated August 4, 2010; BAE Systems British 

Aerospace Jetstream Series 3100 & 3200 

Service Bulletin 05–JA090143, dated April 

30, 2009; and British Aerospace Regional 

Aircraft British Aerospace Jetstream Series 

3100 & 3200 Service Bulletin 32–JA990142, 

dated March 26, 1999, for related 

information. 

Issued in Kansas City, Missouri, on 

September 21, 2010. 

Patrick R. Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24180 Filed 9–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1, 31, 40, and 301 

[REG–153340–09] 

RIN 1545–BJ13 

Electronic Funds Transfer of 

Depository Taxes; Hearing 

Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulation 

relating to Federal tax deposits (FTDs) 

by Electronic Funds Transfer (EFT). The 

proposed regulations affect all taxpayers 

that currently use FTD coupons. 

DATES: The public hearing, originally 

scheduled for September 27, 2010 at 10 

a.m. is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Regina Johnson of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration) at (202) 

622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Thursday, August 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59173 

26, 2010, (75 FR 52485) announced that 

a public hearing was scheduled for 

September 27, 2010 at 10 a.m. in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 7430 of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on September 22, 

2010. Outlines of topics to be discussed 

at the hearing were due on September 

20, 2010. The notice of proposed 

rulemaking and notice of public hearing 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak, and an outline of the topics to 

be addressed. As of Wednesday, 

September 22, 2010, no one has 

requested to speak. Therefore, the 

public hearing scheduled for September 

27, 2010, is cancelled. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel. 

[FR Doc. 2010–24155 Filed 9–24–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2009–HA–0175] 

RIN 0720–AB38 

TRICARE: Elimination of Copayments 

for Authorized Preventive Services for 

Certain TRICARE Standard 

Beneficiaries 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

implements Section 711 of the Duncan 

Hunter National Defense Authorization 

Act (NDAA) for Fiscal Year 2009 (FY 

2009). Section 711 eliminates 

copayments for authorized preventive 

services for TRICARE Standard 

beneficiaries other than Medicareeligible beneficiaries. This proposed 

rule also realigns the covered preventive 

services listed in the Exclusions section 

of the TRICARE regulation to the 

Special Benefits section in the 

regulation. 

DATES: Written comments received at 

the address indicated below by 

November 26, 2010 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, District of Columbia 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joy Saly, Medical Benefits and 

Reimbursement Branch, TRICARE 

Management Activity, telephone (303) 

676–3742. 

SUPPLEMENTARY INFORMATION: 

I. Background 

TRICARE currently covers those 

preventive services authorized by 

statute for all TRICARE Standard 

beneficiaries. The NDAA for FY 1996 

(Pub. L. 104–106) and NDAA FY 1997 

(Pub. L. 104–201) provided authority for 

such care. Although beneficiaries 

enrolled in TRICARE Prime receive 

preventive services with no copayment 

requirement, prior to enactment of 

Section 711 of the Duncan Hunter 

NDAA FY 2009 (Pub. L. 110–417), 

TRICARE Standard beneficiaries who 

received preventive care were required 

to pay a cost-share. For further 

information on TRICARE, to include 

preventive services covered under 

TRICARE Prime and TRICARE 

Standard, and cost-shares, please visit 

http://www.tricare.mil. 

II. Section 711 of the Duncan Hunter 

NDAA for FY 2009 

This proposed rule implements 

section 711 of the Duncan Hunter 

NDAA for FY 2009. The language in 

Section 711 reads as follows: 

SEC. 711. WAIVER OF CO-PAYMENTS 

FOR PREVENTIVE SERVICES FOR 

CERTAIN TRICARE BENEFICIARIES. 

(a) Waiver of Certain Co-payments— 

Subject to subsection (b) and under 

regulations prescribed by the Secretary 

of Defense, the Secretary shall— 

(1) Waive all co-payments under 

sections 1079(b) and 1086(b) of title 10, 

United States Code, for preventive 

services for all beneficiaries who would 

otherwise pay copayments; and 

(2) Ensure that a beneficiary pays 

nothing for preventive services during a 

year even if the beneficiary has not paid 

the amount necessary to cover the 

beneficiary’s deductible for the year. 

(b) Exclusion for Medicare-Eligible 

Beneficiaries—Subsection (a) shall not 

apply to a medicare-eligible beneficiary. 

(c) Refund of Co-payments— 

(1) Authority—Under regulations 

prescribed by the Secretary of Defense, 

the Secretary may pay a refund to a 

medicare-eligible beneficiary excluded 

by subsection (b), subject to the 

availability of appropriations 

specifically for such refunds, consisting 

of an amount up to the difference 

between— 

(A) The amount the beneficiary pays 

for copayments for preventive services 

during Fiscal Year 2009; and 

(B) The amount the beneficiary would 

have paid during such fiscal year if the 

copayments for preventive services had 

been waived pursuant to subsection (a) 

during that year. 

(2) Co-payments Covered—The 

refunds under paragraph (1) are 

available only for copayments paid by 

medicare-eligible beneficiaries during 

Fiscal Year 2009. 

(d) Definitions—In this section: 

(1) Preventive Services—The term 

‘‘preventive services’’ includes, taking 

into consideration the age and gender of 

the beneficiary: 

(A) Colorectal screening. 

(B) Breast screening. 

(C) Cervical screening. 

(D) Prostate screening. 

(E) Annual physical exam. 

(F) Vaccinations. 

(G) Other services as determined by 

the Secretary of Defense. 

(2) Medicare-Eligible—The term 

‘‘medicare-eligible’’ has the meaning 

provided by section 1111(b) of Title 10, 

United States Code. 

III. General 

This language requires all copayments to be eliminated for 

authorized preventive services for 

certain TRICARE Standard beneficiaries 

who would otherwise pay co-payments 

and that certain TRICARE Standard 

beneficiaries pay nothing for the 

preventive services during a year, even 

if the beneficiary has not paid the 

amount necessary to cover the 

beneficiary’s deductible for the year. 

The language does not expand coverage 

of preventive services not otherwise 

authorized by law under the TRICARE 

preventive care benefit. 

IV. Medicare-Eligible Beneficiaries 

Section 711 specifically states that 

elimination of the co-payment shall not 


emcdonald on DSK2BSOYB1PROD with PROPOSALS