27946 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

questions from those attending, as time 

permits. The presiding official will 

announce any further procedural rules 

or modification of the above procedures 

that may be needed for proper conduct 

of the public meeting. 

Issued in Washington, DC, on June 8, 2009. 

John M. Lushetsky, 

Acting Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. E9–13836 Filed 6–11–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0503; Directorate 

Identifier 2009–NE–12–AD] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Model Arriel 1B, 1D, and 1D1 

Turboshaft Engines 

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) 

issued 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: 

The rupture of the Reduction Gear Box 

Intermediate Pinion may result in an 

overspeed of the Power Turbine and, 

subsequently, an uncommanded engine inflight shutdown. This could lead to an 

emergency autorotation landing on a singleengine helicopter. 

We are proposing this AD to prevent 

the rupture of the reduction gear box 

intermediate pinion, which could result 

in an overspeed of the power turbine, an 

uncommanded in-flight shutdown of the 

engine, and an emergency autorotation 

landing. 

DATES: We must receive comments on 

this proposed AD by July 13, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Turbomeca, 40220 Tarnos, 

France; telephone 33 05 59 74 40 00; fax 

33 05 59 74 45 15, for the service 

information identified in this proposed 

AD. 

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 the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

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–2009–0503; Directorate Identifier 

2009–NE–12–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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0002, 

dated January 7, 2009, (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Several events of rupture of the Arriel 1 

Reduction Gear Box Intermediate Pinion 

have been reported in service. The ruptures 

have been determined to be originated at the 

pinion teeth root due to increased vibratory 

stresses. This increase in vibratory stresses is 

mainly caused by increased teeth wear over 

engine life time. 

The rupture of the Reduction Gear Box 

Intermediate Pinion may result in an 

overspeed of the Power Turbine and, 

subsequently, an uncommanded engine inflight shutdown. This could lead to an 

emergency autorotation landing on a singleengine helicopter. 

To reduce the level of vibratory stresses 

and improve tooth resistance, Turbome ́ca 

modification incorporates the addition of a 

damping ring below the teeth and a shot 

peening of the teeth roots. These 

modifications reduce the risk of incipient 

fatigue cracks. 

This AD requires the replacement of all 

Reduction Gear Box Intermediate Pinions 

with Pinions incorporating Turbome ́ca 

modification TU 232. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Turbomeca has issued Mandatory 

Service Bulletin No. 292 72 0276, 

Version B, dated November 6, 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 France, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, they have 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

proposing this AD because we evaluated 

all information provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27947 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 13 products of U.S. registry. 

We also estimate that it would take 

about 6 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $1,272 

per product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $22,776. Our cost 

estimate is exclusive of possible 

warranty coverage. 

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, 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: 

Turbomeca S.A.: Docket No. FAA–2009– 

0503; Directorate Identifier 2009–NE– 

12–AD. 

Comments Due Date 

(a) We must receive comments by July 13, 

2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Turbomeca Arriel 

1B, 1D, and 1D1 turboshaft engines. These 

engines are installed on, but not limited to, 

Eurocopter France AS350B, AS350BA, 

AS350B1, and AS350B2 helicopters. 

Reason 

(d) This AD results from several events of 

rupture of the Arriel 1 reduction gear box 

intermediate pinions. We are issuing this AD 

to prevent the rupture of the reduction gear 

box intermediate pinion, which could result 

in an overspeed of the power turbine, an 

uncommanded in-flight shutdown of the 

engine, and an emergency autorotation 

landing. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(f) No later than 28 February 2011, replace 

the Reduction Gear Box Intermediate Pinions 

(P/N 0 292 70 779 0) with Pinions 

incorporating Turbome ́ca modification TU 

232 in accordance with Turbome ́ca 

Mandatory Service Bulletin 292 72 0276 

Version B dated 06 November 2008. 

FAA AD Differences 

(g) None. 

(h) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(i) Refer to MCAI EASA Airworthiness 

Directive 2009–0002, dated January 7, 2009, 

and Turbomeca Mandatory Service Bulletin 

No. 292 72 0276, Version B, dated November 

6, 2008, for related information. Contact 

Turbomeca, 40220 Tarnos, France; telephone 

33 05 59 74 40 00; fax 33 05 59 74 45 15, 

for a copy of this service information. 

(j) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 238– 

7199, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

June 8, 2009. 

Robert G. Mann, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13850 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–112994–06] 

RIN 1545–BF47 

Guidance Under Section 7874 

Regarding Surrogate Foreign 

Corporations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking and notice of 

proposed rulemaking by cross-reference 

to temporary regulations. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS and the Treasury 

Department are issuing temporary 

regulations concerning the treatment of 

a foreign corporation as a surrogate 

foreign corporation under section 

7874(a)(2)(B) of the Internal Revenue 

Code (Code). The temporary regulations 

primarily affect domestic corporations 

and partnerships (and certain parties 

related thereto), and certain foreign 

corporations that acquire substantially 

all of the properties of such domestic 

corporations or partnerships. The text of 

the temporary regulations serves as the 

text of these proposed regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by September 10, 2009. 

ADDRESSES: Send submissions to 

CC:PA:LPD:PR (REG–112994–06), 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–112994–06), 

Courier’s Desk, Internal Revenue