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20042 Federal Register / Vol. 71, No.

75 / Wednesday, April 19, 2006 / Proposed Rules

INFORMATION section, on page 15340, in directives and notices. Customers can and follow the instructions for sending
the 3rd column, correct the sentence add or delete subscriptions themselves your comments electronically.
beginning ‘‘In January 2002,’’ to read ‘‘In and have the option to password protect • Mail: Docket Management Facility;
January 2005 * * *’’ On page 15342, in their account. U.S. Department of Transportation, 400
the 1st column, in § 442.2(a), correct Done in Washington, DC, on April 14,
Seventh Street, SW., Nassif Building,
‘‘January 2002’’ to read ‘‘January 2005.’’ 2006. Room PL–401, Washington, DC 20590–
Barbara J. Masters,
0001.
Additional Public Notification • Fax: (202) 493–2251.
Public awareness of all segments of Administrator. • Hand Delivery: Room PL–401 on
rulemaking and policy development is [FR Doc. E6–5866 Filed 4–18–06; 8:45 am] the plaza level of the Nassif Building,
important. Consequently, in an effort to BILLING CODE 3410–DM–P 400 Seventh Street, SW., Washington,
ensure that the public and in particular DC, between 9 a.m. and 5 p.m., Monday
minorities, women, and persons with through Friday, except Federal holidays.
disabilities, are aware of this correction, DEPARTMENT OF TRANSPORTATION You can get the service information
FSIS will announce it online through identified in this proposed AD from
the FSIS Web page located at http:// Federal Aviation Administration Pratt & Whitney, 400 Main St., East
www.fsis.usda.gov/ Hartford, CT 06108; telephone (860)
regulations_&_policies/ 14 CFR Part 39 565–8770; fax (860) 565–4503.
2006_Proposed_Rules_Index/index.asp. You may examine the comments on
[Docket No. FAA–2006–24034; Directorate
The Regulations.gov Web site is the Identifier 2006–NE–05–AD] this proposed AD in the AD docket on
central online rulemaking portal of the the Internet at http://dms.dot.gov.
United States government. It is being RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
offered as a public service to increase Antonio Cancelliere, Aerospace
Airworthiness Directives; Pratt &
participation in the Federal Engineer, Engine Certification Office,
Whitney PW4077D, PW4084D, PW4090,
government’s regulatory activities. FSIS FAA, Engine and Propeller Directorate,
participates in Regulations.gov and will and PW4090–3 Turbofan Engines
12 New England Executive Park,
accept comments on documents AGENCY: Federal Aviation Burlington, MA 01803–5213; telephone
published on the site. The site allows Administration (FAA), Department of (781) 238–7751; fax (781) 238–7199.
visitors to search by keyword or Transportation (DOT). SUPPLEMENTARY INFORMATION:
Department or Agency for rulemakings ACTION: Notice of proposed rulemaking
that allow for public comment. Each Comments Invited
(NPRM).
entry provides a quick link to a We invite you to send us any written
comment form so that visitors can type SUMMARY: The FAA proposes to adopt a relevant data, views, or arguments
in their comments and submit them to new airworthiness directive (AD). This regarding this proposal. Send your
FSIS. The Web site is located at proposed AD is for Pratt & Whitney comments to an address listed under
http://www.regulations.gov/. (PW) PW4077D, PW4084D, PW4090, ADDRESSES. Include ‘‘Docket No. FAA–
FSIS also will make copies of this and PW4090–3 turbofan engines that 2006–24034; Directorate Identifier
Federal Register publication available were reassembled with certain 2006–NE–05–AD’’ in the subject line of
through the FSIS Constituent Update, previously used high pressure your comments. We specifically invite
which is used to provide information compressor (HPC) exit brush seal comments on the overall regulatory,
regarding FSIS policies, procedures, assembly parts and certain new or economic, environmental, and energy
regulations, Federal Register notices, refurbished HPC exit diffuser air seal aspects of the proposed AD. We will
public meetings, recalls, and other types inner lands. This proposed AD would consider all comments received by the
of information that could affect or require replacing the HPC exit inner and closing date and may amend the
would be of interest to our constituents outer brush seal packs with new brush proposed AD in light of those
and stakeholders. The update is seal packs, or replacing the HPC exit comments.
communicated via Listserv, a free e-mail brush seal assembly with a new HPC We will post all comments we
subscription service consisting of exit brush seal assembly. This proposed receive, without change, to http://
industry, trade, and farm groups, AD results from a report of oil leaking dms.dot.gov, including any personal
consumer interest groups, allied health into the high pressure turbine (HPT) information you provide. We will also
professionals, scientific professionals, interstage cavity and igniting, leading to post a report summarizing each
and other individuals who have an uncontained failure of the 2nd stage substantive verbal contact with FAA
requested to be included. The update turbine air seal and engine in-flight personnel concerning this proposed AD.
also is available on the FSIS Web page. shutdown. We are proposing this AD to Using the search function of the DOT
Through Listserv and the Web page, prevent uncontained engine failure, Web site, anyone can find and read the
FSIS is able to provide information to a damage to the airplane, and injury to comments in any of our dockets. The
much broader, more diverse audience. passengers. dockets include the name of the
In addition, FSIS offers an email individual who sent the comment (or
subscription service which provides an DATES: We must receive any comments signed the comment on behalf of an
automatic and customized notification on this proposed AD by June 19, 2006. association, business, labor union, etc.).
when popular pages are updated, ADDRESSES: Use one of the following You may review the DOT’s complete
including Federal Register publications addresses to comment on this proposed Privacy Act Statement in the Federal
and related documents. This service is AD. Register published on April 11, 2000
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available at http://www.fsis.usda.gov/ • DOT Docket Web site: Go to (65 FR 19477–78) or you may visit
news_and_events/email_subscription/ http://dms.dot.gov and follow the http://dms.dot.gov.
and allows FSIS customers to sign up instructions for sending your comments
for subscription options across eight electronically. Examining the AD Docket
categories. Options range from recalls to • Government-wide rulemaking Web You may examine the docket that
export information to regulations, site: Go to http://www.regulations.gov contains the proposal, any comments

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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Proposed Rules 20043

received and, any final disposition in refurbished HPC exit diffuser air seal Regulatory Findings
person at the DOT Docket Office inner land, P/N 55H869. That SB We have determined that this
between 9 a.m. and 5 p.m., Monday describes procedures for replacing the proposed AD would not have federalism
through Friday, except Federal holidays. inner and outer brush seal packs on the implications under Executive Order
The Docket Office (telephone (800) 647– HPC exit brush seal assemblies. 13132. This proposed AD would not
5227) is located on the plaza level of the have a substantial direct effect on the
Department of Transportation Nassif FAA’s Determination and Requirements
of the Proposed AD States, on the relationship between the
Building at the street address stated in national Government and the States, or
ADDRESSES. Comments will be available We have evaluated all pertinent
on the distribution of power and
in the AD docket shortly after the information and identified an unsafe
responsibilities among the various
Docket Management Facility receives condition that is likely to exist or
levels of government.
them. develop on other products of this same For the reasons discussed above, I
type design. We are proposing this AD, certify that the proposed regulation:
Discussion which would require replacing the HPC 1. Is not a ‘‘significant regulatory
In June 2005, a PW4090 engine exit inner and outer brush seal packs action’’ under Executive Order 12866;
installed on a Boeing 777 airplane with new HPC exit inner and outer 2. Is not a ‘‘significant rule’’ under the
experienced an uncontained HPT brush seal packs, or replacing the HPC DOT Regulatory Policies and Procedures
interstage air seal failure, penetrating exit brush seal assembly with a new (44 FR 11034, February 26, 1979); and
the engine case. The investigation HPC exit brush seal assembly. The 3. Would not have a significant
revealed that the primary failure of this proposed AD would require you to use economic impact, positive or negative,
event was a fractured HPC exit diffuser the service information described on a substantial number of small entities
air seal. The inner land of the HPC exit previously to perform the HPC exit under the criteria of the Regulatory
diffuser air seal was fractured, causing inner and outer brush seal pack Flexibility Act.
oil leakage from the No. 3 bearing replacements. We prepared a regulatory evaluation
compartment and an internal oil fire. of the estimated costs to comply with
This oil fire elevated the temperature in Interim Action
this proposed AD. See the ADDRESSES
the HPT cavity that led to the failure of These actions are interim actions and section for a location to examine the
the HPT interstage air seal. The engine we may take further rulemaking actions regulatory evaluation.
build configuration of this event in the future.
included a previously used HPC exit List of Subjects in 14 CFR Part 39
inner brush seal pack assembled with a Costs of Compliance
Air transportation, Aircraft, Aviation
refurbished outer seal pack. Root cause We estimate that this proposed AD safety, Safety.
investigation continues to focus on the would affect 76 PW PW4077D,
operating environment surrounding the PW4084D, PW4090, and PW4090–3 The Proposed Amendment
HPC exit diffuser air seal location. turbofan engines installed on airplanes Under the authority delegated to me
Further analysis performed on the seal of U.S. registry. We also estimate that it by the Administrator, the Federal
system indicates its sensitivity to would take about 9 work hours per Aviation Administration proposes to
unsteady airflow through the system engine to perform the proposed parts amend 14 CFR part 39 as follows:
under specific brush seal geometry and replacement, and that the average labor
operating conditions. This unsteady rate is $80 per work hour. Required PART 39—AIRWORTHINESS
airflow contributes to an increase of the parts would cost about $100,017 per DIRECTIVES
dynamic stress level on the HPC exit engine. Based on these figures, we 1. The authority citation for part 39
diffuser air seal inner land, causing it to estimate the total cost of the proposed continues to read as follows:
crack. Based on these results of the AD to U.S. operators to be $7,656,012.
ongoing investigation, PW recommends Authority: 49 U.S.C. 106(g), 40113, 44701.
the replacement of the inner brush seal Authority for This Rulemaking
pack when the HPC exit brush outer seal Title 49 of the United States Code § 39.13 [Amended]
pack is replaced. Any oil escape specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
resulting from a fractured HPC diffuser rules on aviation safety. Subtitle I, the following new airworthiness
air seal has the potential to ignite and section 106, describes the authority of directive:
compromise the integrity of the 1st and the FAA Administrator. Subtitle VII, Pratt & Whitney: Docket No. FAA–2006–
2nd stage HPT disk. A disk failure Aviation Programs, describes in more 24034; Directorate Identifier 2006–NE–
would cause high kinetic energy detail the scope of the Agency’s 05–AD.
material to release and penetrate the authority. Comments Due Date
engine casing and airplane fuselage. We are issuing this rulemaking under
the authority described in subtitle VII, (a) The Federal Aviation Administration
This condition, if not corrected, could (FAA) must receive comments on this
result in uncontained engine failure, part A, subpart III, section 44701,
airworthiness directive (AD) action by June
damage to the airplane, and injury to ‘‘General requirements.’’ Under that 19, 2006.
passengers. section, Congress charges the FAA with
promoting safe flight of civil aircraft in Affected ADs
Relevant Service Information air commerce by prescribing regulations (b) None.
We have reviewed and approved the for practices, methods, and procedures Applicability
technical contents of PW Service the Administrator finds necessary for
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Bulletin (SB) No. PW4G–112–A72–280, safety in air commerce. This regulation (c) This AD applies to Pratt & Whitney
(PW) PW4077D, PW4084D, PW4090, and
Revision 1, dated March 21, 2006. That is within the scope of that authority PW4090–3 turbofan engines that were:
SB applies to engines that were because it addresses an unsafe condition (1) Reassembled with a previously used
reassembled with a previously used that is likely to exist or develop on high pressure compressor (HPC) exit inner
HPC exit brush seal pack, part number products identified in this rulemaking brush seal pack, part number (P/N) 50J894–
(P/N) 50J894–01, and a new or action. 01; and

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20044 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Proposed Rules

(2) Reassembled with a new or refurbished SUMMARY: This document provides DEPARTMENT OF THE TREASURY
HPC exit diffuser air seal inner land, P/N notice of cancellation of a public
55H869. hearing on proposed rulemaking Internal Revenue Service
(d) These engines are installed on, but not
limited to, Boeing 777 airplanes. relating to the annual filing of Federal
employment tax deposits for employees 26 CFR Part 1
Unsafe Condition in the Employers’ Annual Federal Tax [REG–150313–01]
(e) This AD results from a report of oil Program (Form 944) under sections 6302
leaking into the high pressure turbine RIN 1545–BA80
and 31.6302–1 of the Internal Revenue
interstage cavity and igniting, leading to an
Code. Withdrawal of Proposed Regulations
uncontained failure of the 2nd stage turbine
air seal and engine in-flight shutdown. We DATES: The public hearing originally Relating to Redemptions Taxable as
are issuing this AD to prevent uncontained scheduled for Wednesday, April 26, Dividends
engine failure, damage to the airplane, and
2006 at 10 a.m., is cancelled. AGENCY: Internal Revenue Service (IRS),
injury to passengers.
FOR FURTHER INFORMATION CONTACT: Treasury.
Compliance
Treena Garrett of the Publications and ACTION: Withdrawal of notice of
(f) You are responsible for having the proposed rulemaking.
actions required by this AD performed at the Regulations Branch, Associate Chief
following compliance times, unless the Counsel (Procedure and Administration) SUMMARY: This document withdraws a
actions have already been done. at (202) 622–7180 (not a toll-free notice of proposed rulemaking relating
(g) Replace the HPC exit inner and outer number). to redemptions of stock in which the
brush seal packs with new HPC exit inner redemption proceeds are treated as a
and outer brush seal packs, or replace the SUPPLEMENTARY INFORMATION: The notice
HPC exit brush seal assembly with a new
dividend distribution. The proposed
of proposed rulemaking by cross-
HPC exit brush seal assembly as follows: regulations were published on October
reference to temporary regulations and 18, 2002 (67 FR 64331). After
(1) By 3,000 cycles-since-last-overhaul notice of public hearing that appeared
(CSLO) or by March 31, 2007, whichever consideration of the comments received,
occurs later; however in the Federal Register on Tuesday, the IRS and Treasury Department have
(2) If on March 31, 2007, the engine has not January 3, 2006 (71 FR 46), announced decided to withdraw the proposed
accumulated 3,000 CSLO, then by 3,000 that a public hearing was scheduled for regulations.
CSLO, or December 31, 2008, whichever Wednesday, April 26, 2006, at 10 a.m.
occurs first. DATES: These proposed regulations are
in the IRS Auditorium, Internal Revenue
(h) Use the Accomplishment Instructions withdrawn April 19, 2006.
Service Building, 1111 Constitution
of PW Service Bulletin No. PW4G–112–A72– FOR FURTHER INFORMATION CONTACT:
280, Revision 1, dated March 21, 2006, to do
Avenue, NW., Washington, DC. The
Theresa M. Kolish (202) 622–7750 (not
the inner and outer brush pack replacements. subject of the public hearing is proposed
a toll-free call).
regulations under sections 6302 and
Alternative Methods of Compliance SUPPLEMENTARY INFORMATION:
31.6302–1 of the Internal Revenue Code.
(i) The Manager, Engine Certification The public comment period for these Background
Office, has the authority to approve proposed regulations expired on
alternative methods of compliance for this On October 18, 2002, the IRS and
AD if requested using the procedures found Wednesday, April 3, 2006. Outlines of Treasury Department issued proposed
in 14 CFR 39.19. oral comments were due on Wednesday, regulations providing guidance under
April 5, 2006. sections 302 and 304 of the Internal
Related Information
The notice of proposed rulemaking Revenue Code regarding the treatment
(j) None. of the basis of stock redeemed or treated
and notice of public hearing, instructed
Issued in Burlington, Massachusetts, on those interested in testifying at the as redeemed. Section 302 provides that
April 13, 2006. a corporation’s redemption of its stock
public hearing to submit outlines of the
Francis A. Favara, topics to be addressed. As of is treated as a distribution in part or full
Manager, Engine and Propeller Directorate, Wednesday, April 12, 2006, no one has payment in exchange for the stock if the
Aircraft Certification Service.
requested to speak. Therefore, the redemption satisfies certain criteria. If
[FR Doc. E6–5843 Filed 4–18–06; 8:45 am] public hearing scheduled for the redemption does not satisfy any of
BILLING CODE 4910–13–P these criteria, the redemption is treated
Wednesday, April 26, 2006, is
as a distribution to which section 301
cancelled.
applies. Under section 301(c)(1), a
DEPARTMENT OF THE TREASURY Guy R. Traynor, distribution is first treated as a dividend
Chief, Publications and Regulations Branch, to the extent of earnings and profits. The
Internal Revenue Service Legal Processing Division, Associate Chief remaining portion of a distribution, if
Counsel (Procedure and Administration). any, is applied against and reduces basis
26 CFR Part 1 [FR Doc. E6–5814 Filed 4–18–06; 8:45 am] of stock, and finally is treated as gain
from the sale or exchange of property
[REG–148568–04] BILLING CODE 4830–01–P
pursuant to section 301(c)(2) and (3).
RIN 1545–BE72 Section 304(a)(1) treats the acquisition
of stock by a corporation from one or
Time for Filing Employment Tax more persons that are in control of both
Returns and Modifications to the the acquiring and issuing corporation as
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Deposit Rules; Hearing Cancellation if the property received for the acquired
AGENCY: Internal Revenue Service (IRS), stock was received in a distribution in
Treasury. redemption of the stock of the acquiring
corporation. Accordingly, the proposed
ACTION: Cancellation of notice of public
section 302 regulations also would
hearing on proposed rulemaking.
apply to these transactions.

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