Airworthiness Directives; Turbomeca Model Arrius 2B1, 2B1A, and 2B2 Turboshaft Engines, 2-5 [E6-22272]
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
noise certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in § 11.19, under § 11.38, and
they become part of the type
certification basis under the provisions
of § 21.101.
Novel or Unusual Design Features
As noted earlier, the Boeing Model
757–200 series airplanes modified by
ABX Air, Inc. will incorporate an
integrated flat panel display system
manufactured by IS&S that will perform
critical functions. This system may be
vulnerable to high-intensity radiated
fields external to the airplane. Current
airworthiness standards of part 25 do
not contain adequate or appropriate
safety standards for protecting this
equipment from adverse effects of HIRF.
So this system is considered to be a
novel or unusual design feature.
pwalker on PROD1PC71 with RULES
Discussion
As previously stated, there is no
specific regulation that addresses
protection for electrical and electronic
systems from HIRF. Increased power
levels from radio frequency transmitters
and the growing use of sensitive
avionics/electronics and electrical
systems to command and control
airplanes have made it necessary to
provide adequate protection.
To ensure that a level of safety is
achieved equivalent to that intended by
the regulations incorporated by
reference, special conditions are needed
for the Boeing Model 757–200 series
airplanes modified by ABX Air, Inc.
These special conditions require that
new avionics/electronics and electrical
systems that perform critical functions
be designed and installed to preclude
component damage and interruption of
function because of HIRF.
High-Intensity Radiated Fields (HIRF)
High-power radio frequency
transmitters for radio, radar, television,
and satellite communications can
adversely affect operation of airplane
electric and electronic systems.
Therefore, the immunity of critical
avionics/electronics and electrical
systems to HIRF must be established.
Based on surveys and an analysis of
existing HIRF emitters, an adequate
level of protection exists if airplane
system immunity is demonstrated when
exposed to the HIRF environments in
either paragraph 1 or 2 below:
1. A minimum environment of 100
volts rms (root-mean-square) per meter
electric field strength from 10 KHz to 18
GHz.
a. System elements and their
associated wiring harnesses must be
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exposed to the environment without
benefit of airframe shielding.
b. Demonstration of this level of
protection is established through system
tests and analysis.
2. An environment external to the
airframe of the field strengths shown in
the table below for the frequency ranges
indicated. Immunity to both peak and
average field strength components from
the table must be demonstrated.
Field strength
(volts per meter)
Frequency
Peak
10 kHz–100 kHz .............
100 kHz–500 kHz ...........
500 kHz–2 MHz ..............
2 MHz–30 MHz ...............
30 MHz–70 MHz .............
70 MHz–100 MHz ...........
100 MHz–200 MHz .........
200 MHz–400 MHz .........
400 MHz–700 MHz .........
700 MHz–1 GHz .............
1 GHz–2 GHz .................
2 GHz–4 GHz .................
4 GHz–6 GHz .................
6 GHz–8 GHz .................
8 GHz–12 GHz ...............
12 GHz–18 GHz .............
18 GHz–40 GHz .............
Average
50
50
50
100
50
50
100
100
700
700
2000
3000
3000
1000
3000
2000
600
50
50
50
100
50
50
100
100
50
100
200
200
200
200
300
200
200
The field strengths are expressed in terms
of peak of the root-mean-square (rms) over
the complete modulation period.
The environment levels identified
above are the result of an FAA review
of existing studies on the subject of
HIRF and of the work of the
Electromagnetic Effects Harmonization
Working Group of the Aviation
Rulemaking Advisory Committee.
Applicability
These special conditions are
applicable to Boeing Model 757–200
series airplanes modified by ABX Air,
Inc. Should ABX Air, Inc. apply at a
later date for a supplemental type
certificate to modify any other model
included on Type Certificate No. A2NM
to incorporate the same or similar novel
or unusual design feature, these special
conditions would apply to that model as
well under provisions of § 21.101.
Conclusion
This action affects only certain novel
or unusual design features on Boeing
Model 757–200 series airplanes
modified by ABX Air, Inc. It is not a
rule of general applicability and affects
only the applicant who applied to the
FAA for approval of these features on
the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
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The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Therefore, under the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the supplemental type
certification basis for the Boeing Model
757–200 series airplanes modified by
ABX Air, Inc.
1. Protection from Unwanted Effects
of High-Intensity Radiated Fields
(HIRF). Each electrical and electronic
system that performs critical functions
must be designed and installed to
ensure that the operation and
operational capability of these systems
to perform critical functions are not
adversely affected when the airplane is
exposed to high-intensity radiated
fields.
2. For the purpose of these special
conditions, the following definition
applies:
Critical Functions: Functions whose
failure would contribute to or cause a
failure condition that would prevent
continued safe flight and landing of the
airplane.
Issued in Renton, Washington, on
December 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22436 Filed 12–29–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26138; Directorate
Identifier 2006–NE–38–AD; Amendment 39–
14865; AD 2006–26–07]
RIN 2120–AA64
Airworthiness Directives; Turbomeca
Model Arrius 2B1, 2B1A, and 2B2
Turboshaft Engines
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
A simultaneous interruption of the
lubrication on both engines may lead to a
double non-commanded in-flight shutdown.
The condition described in the MCAI
can lead to a forced autorotation landing
or an accident. This AD requires actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
January 18, 2007. The Director of the
Federal Register approved the
incorporation by reference of certain
service bulletins, listed in the AD as of
January 18, 2007. We must receive
comments on this AD by February 2,
2007.
You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
ADDRESSES:
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Management
Facility 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 Office (telephone (800) 647–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Christopher Spinney, Aerospace
Engineer, Engine Certification Office,
FAA, Engine & Propeller Directorate, 12
New England Executive Park,
Burlington, MA 01803; telephone (781)
238–7175; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION:
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
Discussion
The European Aviation Safety Agency
(EASA), which is the aviation authority
for European Union, has issued EASA
Airworthiness Directive 2006–0142,
dated May 29, 2006 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
Investigations of incidents which occurred
on ARRIUS 2 turboshaft engines have
revealed the interruption of engine
lubrication further [due] to oil passage
blockage within the lubrication unit check
valve. This blockage comes from the
excessive swelling of the check valve piston
o-ring. The level of swelling of the o-ring
depends on the class of the oil used
(Standard (STD) or High-Thermal Stability
(HTS)) and the engine operating time. This
phenomenon only affects ARRIUS 2 engines
which do not embody modification Tu122
(i.e.: check-valve piston without o-ring). A
simultaneous interruption of the lubrication
on both engines may lead to a double noncommanded in-flight shutdown. The oil
usually being the same on both engines,
available data put into evidence that this risk
has to be considered and that measures to
restore the level of safety have to be imposed
on ARRIUS 2 engines without modification
Tu122 embodied.
The condition described in the MCAI
can lead to a forced autorotation landing
or an accident. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Turbomeca has issued Mandatory
Service Bulletin A319 79 2832, Update
1, dated April 3, 2006. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
FAA’s Determination and Requirements
of This AD
This product has been approved by
the aviation authority of another
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17:09 Dec 29, 2006
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PO 00000
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3
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we evaluated all the
information provided by the State of
Design Authority and determined the
unsafe condition exists and is likely to
exist or develop on other products of the
same type design.
Differences Between the AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
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 required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are described in a
separate paragraph of the AD. These
requirements take precedence over the
actions copied from the MCAI.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because the compliance time
required to correct the unsafe condition,
as low as 50 hours in service, is shorter
than the time required to collect and
respond to comments. Therefore, we
determined that notice and opportunity
for public comment before issuing this
AD are impracticable and that good
cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2006–26138;
Directorate Identifier 2006–NE–38–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
Adoption of the Amendment
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this AD.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
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We 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 this AD:
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 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.
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17:09 Dec 29, 2006
Jkt 211001
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2006–26–07 Turbomeca: Amendment 39–
14865; Docket No. FAA–2006–26138;
Directorate Identifier 2006–NE–38–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 18, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Turbomeca Model
Arrius 2B1, 2B1A, and 2B2 turboshaft
engines that do not embody modification
TU122. These engines are used on, but not
limited to Eurocopter EC135 T1 and T2
helicopters.
Reason
(d) European Aviation Safety Agency
(EASA) AD, 2006–0142, dated May 29, 2006
states:
Investigations of incidents which occurred
on ARRIUS 2 turboshaft engines have
revealed the interruption of engine
lubrication further [due] to oil passage
blockage within the lubrication unit check
valve. This blockage comes from the
excessive swelling of the check valve piston
o-ring. The level of swelling of the o-ring
depends on the class of the oil used
(Standard (STD) or High-Thermal Stability
(HTS)) and the engine operating time. This
phenomenon only affects ARRIUS 2 engines
which do not embody modification Tu122
(i.e.: check-valve piston without o-ring). A
simultaneous interruption of the lubrication
on both engines may lead to a double noncommanded in-flight shutdown. The oil
usually being the same on both engines,
available data put into evidence that this risk
has to be considered and that measures to
restore the level of safety have to be imposed
on ARRIUS 2 engines without modification
Tu122 embodied.
The condition described in the EASA AD
can lead to a forced autorotation landing or
an accident.
Actions and Compliance
(e) Unless already done, do the following
actions.
(1) Replace the check-valve piston o-ring
according to paragraph 2 of Turbomeca Alert
Service Bulletin No A319 79 2832, Update 1,
dated April 3, 2006, within the next 50
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Fmt 4700
Sfmt 4700
operating hours when the number of
operating hours is greater than:
(i) 300 hours for engines operating with
HTS-class oil and engines for which the
history of the oils used is not available or
engines which used to operate with HTSclass oil and which no longer do so.
(ii) 450 hours for engines operating with
STD class-oil since their introduction into
service.
(2) Repeat operation of paragraph (1):
(i) Every 300 hours for engines operating
with HTS-class oil and engines for which the
history of the oils used is not available or
engines which used to operate with HTSclass oil and which no longer do so.
(ii) Every 500 hours for engines operating
with STD class-oil since their introduction
into service.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) 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.
(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) Contact Christopher Spinney,
Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate,
12 New England Executive Park, Burlington,
MA 01803; telephone (781) 238–7175; fax
(781) 238–7199 for more information about
this AD.
(i) Refer to the EASA Mandatory
Continuing Airworthiness Information
(MCAI) Airworthiness Directive 2006–0142,
dated May 29, 2006, and Turbomeca Service
Bulletin A319 79 2122, dated March 14,
2006, for related information.
Material Incorporated by Reference
(j) You must use Turbomeca Alert Service
Bulletin A319 79 2832, Update 1, dated April
3, 2006, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Turbomeca, 40220 Tarnos,
France; Telephone (33) 05 59 74 40 00; fax
(33) 05 59 74 45 15.
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(3) You may review copies at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call (202) 741–
6030, or go to: https://www.archives.gov//
federal-register/cfr/ibr-locations.html.
Issued in Burlington, Massachusetts, on
December 21, 2006.
Peter A. White,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E6–22272 Filed 12–29–06; 8:45 am]
BILLING CODE 4910–13–P
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
§ 1.199–1
[Corrected]
Par. 2. Section 1.199–1(b)(1) is
amended by revising the first sentence
of the paragraph to read as follows:
I
§ 1.199–1 Income attributable to domestic
production activities.
*
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9263]
RIN 1545–BE33
Income Attributable to Domestic
Production Activities; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to final regulations which
were published in the Federal Register
on Thursday, June 1, 2006, (71 FR
31268), relating to the deduction for
income attributable to domestic
production activities under section 199
of the Internal Revenue Code (Code).
DATES: This correction is effective June
1, 2006.
FOR FURTHER INFORMATION CONTACT: Paul
Handleman or Lauren Ross Taylor at
(202) 622–3040 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
*
*
*
*
(b) * * *
(1) In general. For purposes of
paragraph (a) of this section, the
definition of taxable income under
section 63 applies, except that taxable
income (or alternative minimum taxable
income, if applicable) is determined
without regard to section 199 and
without regard to any amount excluded
from gross income pursuant to section
114 or pursuant to section 101(d) of the
American Jobs Creation Act of 2004,
Public Law 108–357 (118 Stat. 1418)
(Act). * * *
*
*
*
*
*
§ 1.199–2
[Corrected]
I Par. 3. Section 1.199–2 is amended by
revising the first sentence of paragraph
(a)(3)(ii) and the last sentence of
paragraph (e)(3) to read as follows:
§ 1.199–2
Wage limitation.
On June 1, 2006, final regulations (TD
9263) were published in the Federal
Register at 71 FR 31268. These
regulations contain errors that may
prove to be misleading and are in need
of clarification.
(a) * * *
(3) * * *
(ii) Corrected return filed to correct a
return that was filed within 60 days of
the due date. If a corrected information
return (Return B) is filed with SSA on
or before the 60th day after the due date
(including extensions) of Return B to
correct an information return (Return A)
that was filed with SSA on or before the
60th day after the due date (including
extensions) of the information return
(Return A) and paragraph (a)(3)(iii) of
this section does not apply, then the
wage information on Return B must be
included in determining W–2
wages.* * *
*
*
*
*
*
(e) * * *
(3) * * * For example, see Rev. Proc.
2006–22 (2006–23 I.R.B. 1033). (see
§ 601.601(d)(2) of this chapter).
List of Subjects in 26 CFR Part 1
§ 1.199–3
Background
The final regulations (TD 9263) that
are subject to this correction are under
section 199 of the Internal Revenue
Code.
Need for Correction
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Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR Part 1 is
corrected by making the following
correcting amendments:
I
VerDate Aug<31>2005
17:09 Dec 29, 2006
Jkt 211001
[Corrected]
Par. 4. Section 1.199–3(l)(4)(iv)(A) is
amended by revising the first sentence
of the paragraph to read as follows:
I
§ 1.199–3
receipts.
Domestic production gross
*
*
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*
Frm 00005
*
Fmt 4700
*
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5
(l) * * *
(4) * * *
(iv) * * *
(A) * * * DPGR. Notwithstanding
paragraphs (l)(4)(i), (ii), and (iii) of this
section, if less than 5 percent of a
taxpayer’s gross receipts derived from a
sale, exchange, or other disposition of
utilities are attributable to the
transmission or distribution of the
utilities and the storage of potable water
after completion of treatment of the
potable water, then the gross receipts
derived from the lease, rental, license,
sale, exchange, or other disposition of
the utilities that are attributable to the
transmission and distribution of the
utilities and the storage of potable water
after completion of treatment of the
potable water may be treated as being
DPGR (assuming all other requirements
of this section are met). * * *
*
*
*
*
*
§ 1.199–4
[Corrected]
Par. 5. Section 1.199–4(d)(6) is
amended by revising paragraph
(i) of Examples 1 and 2 to read as
follows:
I
§ 1.199–4 Costs allocable to domestic
production gross receipts.
*
*
*
(d) * * *
(6) * * *
*
*
Example 1. * * *
(i) Facts. X, a United States corporation
that is not a member of an expanded
affiliated group (EAG) (as defined in § 1.199–
7), engages in activities that generate both
DPGR and non-DPGR. All of X’s production
activities that generate DPGR are within
Standard Industrial Classification (SIC)
Industry Group AAA (SIC AAA). All of X’s
production activities that generate non-DPGR
are within SIC Industry Group BBB (SIC
BBB). X is able to specifically identify CGS
allocable to DPGR and to non-DPGR. X incurs
$900 of research and experimentation
expenses (R&E) that are deductible under
section 174, $300 of which are performed
with respect to SIC AAA and $600 of which
are performed with respect to SIC BBB. None
of the R&E is legally mandated R&E as
described in § 1.861–17(a)(4) and none of the
R&E is included in CGS. X incurs section 162
selling expenses that are not includible in
CGS and are definitely related to all of X’s
gross income. For 2010, the adjusted basis of
X’s assets is $5,000, $4,000 of which
generates gross income attributable to DPGR
and $1,000 of which generates gross income
attributable to non-DPGR. For 2010, X’s
taxable income is $1,380 based on the
following Federal income tax items: * * *
*
*
*
*
*
Example 2. * * *
(i) Facts. The facts are the same as in
Example 1 except that X owns stock in Y, a
United States corporation, equal to 75% of
the total voting power of stock of Y and 80%
of the total value of stock in Y. X and Y are
E:\FR\FM\03JAR1.SGM
03JAR1
Agencies
[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 2-5]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22272]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26138; Directorate Identifier 2006-NE-38-AD;
Amendment 39-14865; AD 2006-26-07]
RIN 2120-AA64
Airworthiness Directives; Turbomeca Model Arrius 2B1, 2B1A, and
2B2 Turboshaft Engines
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct
[[Page 3]]
an unsafe condition on an aviation product. The MCAI describes the
unsafe condition as:
A simultaneous interruption of the lubrication on both engines
may lead to a double non-commanded in-flight shutdown.
The condition described in the MCAI can lead to a forced
autorotation landing or an accident. This AD requires actions that are
intended to address the unsafe condition described in the MCAI.
DATES: This AD becomes effective January 18, 2007. The Director of the
Federal Register approved the incorporation by reference of certain
service bulletins, listed in the AD as of January 18, 2007. We must
receive comments on this AD by February 2, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov; or in person at the Docket Management Facility 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
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace
Engineer, Engine Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone (781) 238-7175; fax (781) 238-7199.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
The European Aviation Safety Agency (EASA), which is the aviation
authority for European Union, has issued EASA Airworthiness Directive
2006-0142, dated May 29, 2006 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:
Investigations of incidents which occurred on ARRIUS 2
turboshaft engines have revealed the interruption of engine
lubrication further [due] to oil passage blockage within the
lubrication unit check valve. This blockage comes from the excessive
swelling of the check valve piston o-ring. The level of swelling of
the o-ring depends on the class of the oil used (Standard (STD) or
High-Thermal Stability (HTS)) and the engine operating time. This
phenomenon only affects ARRIUS 2 engines which do not embody
modification Tu122 (i.e.: check-valve piston without o-ring). A
simultaneous interruption of the lubrication on both engines may
lead to a double non-commanded in-flight shutdown. The oil usually
being the same on both engines, available data put into evidence
that this risk has to be considered and that measures to restore the
level of safety have to be imposed on ARRIUS 2 engines without
modification Tu122 embodied.
The condition described in the MCAI can lead to a forced
autorotation landing or an accident. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
Turbomeca has issued Mandatory Service Bulletin A319 79 2832,
Update 1, dated April 3, 2006. 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 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all the information provided by the State of Design Authority
and determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But 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 required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over the actions copied from the MCAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
compliance time required to correct the unsafe condition, as low as 50
hours in service, is shorter than the time required to collect and
respond to comments. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2006-26138; Directorate
Identifier 2006-NE-38-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments
[[Page 4]]
received by the closing date and may amend this AD because of those
comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about this AD.
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 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 this AD:
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 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.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA 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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2006-26-07 Turbomeca: Amendment 39-14865; Docket No. FAA-2006-26138;
Directorate Identifier 2006-NE-38-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
18, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Turbomeca Model Arrius 2B1, 2B1A, and 2B2
turboshaft engines that do not embody modification TU122. These
engines are used on, but not limited to Eurocopter EC135 T1 and T2
helicopters.
Reason
(d) European Aviation Safety Agency (EASA) AD, 2006-0142, dated
May 29, 2006 states:
Investigations of incidents which occurred on ARRIUS 2
turboshaft engines have revealed the interruption of engine
lubrication further [due] to oil passage blockage within the
lubrication unit check valve. This blockage comes from the excessive
swelling of the check valve piston o-ring. The level of swelling of
the o-ring depends on the class of the oil used (Standard (STD) or
High-Thermal Stability (HTS)) and the engine operating time. This
phenomenon only affects ARRIUS 2 engines which do not embody
modification Tu122 (i.e.: check-valve piston without o-ring). A
simultaneous interruption of the lubrication on both engines may
lead to a double non-commanded in-flight shutdown. The oil usually
being the same on both engines, available data put into evidence
that this risk has to be considered and that measures to restore the
level of safety have to be imposed on ARRIUS 2 engines without
modification Tu122 embodied.
The condition described in the EASA AD can lead to a forced
autorotation landing or an accident.
Actions and Compliance
(e) Unless already done, do the following actions.
(1) Replace the check-valve piston o-ring according to paragraph
2 of Turbomeca Alert Service Bulletin No A319 79 2832, Update 1,
dated April 3, 2006, within the next 50 operating hours when the
number of operating hours is greater than:
(i) 300 hours for engines operating with HTS-class oil and
engines for which the history of the oils used is not available or
engines which used to operate with HTS-class oil and which no longer
do so.
(ii) 450 hours for engines operating with STD class-oil since
their introduction into service.
(2) Repeat operation of paragraph (1):
(i) Every 300 hours for engines operating with HTS-class oil and
engines for which the history of the oils used is not available or
engines which used to operate with HTS-class oil and which no longer
do so.
(ii) Every 500 hours for engines operating with STD class-oil
since their introduction into service.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) 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.
(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) Contact Christopher Spinney, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7175; fax (781) 238-7199 for more information about this AD.
(i) Refer to the EASA Mandatory Continuing Airworthiness
Information (MCAI) Airworthiness Directive 2006-0142, dated May 29,
2006, and Turbomeca Service Bulletin A319 79 2122, dated March 14,
2006, for related information.
Material Incorporated by Reference
(j) You must use Turbomeca Alert Service Bulletin A319 79 2832,
Update 1, dated April 3, 2006, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Turbomeca, 40220 Tarnos, France; Telephone (33) 05 59 74 40 00; fax
(33) 05 59 74 45 15.
[[Page 5]]
(3) You may review copies at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov//federal-register/cfr/ibr-
locations.html.
Issued in Burlington, Massachusetts, on December 21, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E6-22272 Filed 12-29-06; 8:45 am]
BILLING CODE 4910-13-P