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41438 Federal Register / Vol. 72, No.

145 / Monday, July 30, 2007 / Rules and Regulations

were installed from the date of original (2) Airworthy Product: For any DEPARTMENT OF TRANSPORTATION
Certificate of Airworthiness. requirement in this AD to obtain corrective
(3) Do the following at the times specified actions from a manufacturer or other source, Federal Aviation Administration
in paragraph (f)(1) or (f)(2) of this AD: use these actions if they are FAA-approved.
(i) Perform a visual and non-destructive Corrective actions are considered FAA- 14 CFR Part 39
inspection of the upper wing strut fittings for approved if they are approved by the State
cracks following the Accomplishment [Docket No. FAA–2006–26441; Directorate
of Design Authority (or their delegated
Instructions in Pilatus Aircraft Ltd. Service Identifier 2006–NM–204–AD; Amendment
agent). You are required to assure the product 39–15139; AD 2007–15–10]
Bulletin No. 57–004, dated April 16, 2007. is airworthy before it is returned to service.
(ii) Examine for conformity the spherical (3) Reporting Requirements: For any RIN 2120–AA64
bearings following the Accomplishment
reporting requirement in this AD, under the
Instructions in Pilatus Aircraft Ltd. Service Airworthiness Directives; Boeing
provisions of the Paperwork Reduction Act
Bulletin No. 57–004, dated April 16, 2007. Model 747 Airplanes
(4) If during any inspection required by (44 U.S.C. 3501 et. seq.), the Office of
paragraph (f)(3)(i) of this AD cracks are found Management and Budget (OMB) has AGENCY: Federal Aviation
in the upper wing strut fitting, before further approved the information collection Administration (FAA), Department of
flight replace the wing strut fitting with a requirements and has assigned OMB Control Transportation (DOT).
new part number (P/N) 111.35.06.185 (left Number 2120 0056.
ACTION: Final rule.
side) or P/N 111.35.06.186 (right side)
following the Accomplishment Instructions Related Information
SUMMARY: The FAA is adopting a new
in Pilatus Aircraft Ltd. Service Bulletin No. (h) Refer to MCAI European Aviation
57–004, dated April 16, 2007. Replacement of
airworthiness directive (AD) for all
Safety Agency (EASA) AD No: 2007–0114, Boeing Model 747 airplanes. This AD
the upper wing strut fitting does not
dated May 02, 2007; and Pilatus Aircraft Ltd. requires an inspection of the No. 2 and
terminate the repetitive inspection specified
in paragraph (f)(3) of this AD. Service Bulletin No. 57–004, dated April 16, No. 3 windows on the left and right
(5) If during any inspection required by 2007, for related information. sides of the airplane to determine their
paragraph (f)(3)(ii) of this AD the spherical part numbers, and related investigative
Material Incorporated by Reference
bearing is found not in conformity, before and corrective actions if necessary. This
further flight replace the bearing with a new (i) You must use Pilatus Aircraft Ltd. AD results from loss of a No. 3 window
P/N 944.61.00.109 following the Service Bulletin No. 57–004, dated April 16, in-flight. We are issuing this AD to
Accomplishment Instructions in Pilatus 2007, to do the actions required by this AD,
Aircraft Ltd. Service Bulletin No. 57–004,
detect and correct cracking in the fail-
unless the AD specifies otherwise. safe interlayer of certain No. 2 and No.
dated April 16, 2007. Replacement of the
(1) The Director of the Federal Register 3 glass windows, which could result in
spherical bearing does not terminate the
repetitive inspection specified in paragraph approved the incorporation by reference of loss of the window and consequent
(f)(3) of this AD. this service information under 5 U.S.C. rapid loss of cabin pressure. Loss of the
(6) Report to Pilatus Aircraft Ltd. Customer 552(a) and 1 CFR part 51. window could also result in crew
Liason Manager results of the inspection/ (2) For service information identified in communication difficulties or
examination using Table 1 of Pilatus Aircraft this AD, contact Pilatus Aircraft Ltd., incapacitation of the crew.
Ltd. Service Bulletin No. 57–004, dated April Customer Liaison Manager, CH–6371
16, 2007. DATES: This AD becomes effective
STANS, Switzerland; telephone: +41 (0)41
619 6580; fax: +41 (0)41 619 6576; e-mail:
September 4, 2007.
FAA AD Differences The Director of the Federal Register
fodermatt@pilatus-aircaft.com.
(3) You may review copies at the FAA,
approved the incorporation by reference
Note 2: This AD differs from the MCAI of a certain publication listed in the AD
and/or service information as follows: Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
as of September 4, 2007.
(1) The FAA AD is requiring repetitive ADDRESSES: You may examine the AD
Missouri 64106; or at the National Archives
inspections and reporting results to the docket on the Internet at http://
manufacturer, not just a one-time inspection and Records Administration (NARA). For
and report as required in the MCAI. information on the availability of this dms.dot.gov or in person at the U.S.
(2) The Service Bulletin specifies material at NARA, call 202–741–6030, or go Department of Transportation, Docket
‘‘subsequent inspections for cracks will be to: http://www.archives.gov/federal-register/ Operations, M–30, West Building
included in Chapter 5 of the Aircraft cfr/ibr-locations.html. Ground Floor, Room W12–140, 1200
Maintenance Manual (AMM).’’ The only way New Jersey Avenue, SE., Washington,
Issued in Kansas City, Missouri, on July 19,
we (FAA) can mandate these repetitive DC.
inspections is through an AD. 2007.
Contact Boeing Commercial
Kim Smith, Airplanes, P.O. Box 3707, Seattle,
Other FAA AD Provisions
Manager, Small Airplane Directorate, Aircraft Washington 98124–2207, for service
(g) The following provisions also apply to Certification Service. information identified in this AD.
this AD: [FR Doc. E7–14428 Filed 7–27–07; 8:45 am] FOR FURTHER INFORMATION CONTACT:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff, BILLING CODE 4910–13–P Steve Fox, Aerospace Engineer,
FAA, has the authority to approve AMOCs Airframe Branch, ANM–120S, FAA,
for this AD, if requested using the procedures Seattle Aircraft Certification Office,
found in 14 CFR 39.19. Send information to 1601 Lind Avenue, SW., Renton,
ATTN: Doug Rudolph, Aerospace Engineer, Washington 98057–3356; telephone
FAA, Small Airplane Directorate, 901 Locust, (425) 917–6425; fax (425) 917–6590.
Room 301, Kansas City, Missouri 64106;
SUPPLEMENTARY INFORMATION:
telephone: (816) 329–4059; fax: (816) 329–
4090. Before using any approved AMOC on Examining the Docket
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any airplane to which the AMOC applies,


notify your appropriate principal inspector You may examine the airworthiness
(PI) in the FAA Flight Standards District directive (AD) docket on the Internet at
Office (FSDO), or lacking a PI, your local http://dms.dot.gov or in person at the
FSDO. Docket Operations office between 9 a.m.

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations 41439

and 5 p.m., Monday through Friday, Request To Include Terminating Action Boeing Alert Service Bulletin 747–
except Federal holidays. The Docket GKN Aerospace states that it 56A2012, dated August 24, 2006, should
Operations office (telephone (800) 647– manufactures some of the affected be revised as follows:
5527) is located on the ground floor of • For part numbers (P/Ns) 65B27042-
windows identified in Boeing Alert
the West Building at the street address ( ) and 65B27043-( ), the initial
Service Bulletin 747–56A2012, dated
stated in the ADDRESSES section. inspection should be extended from
August 24, 2006. GKN Aerospace states
5,500 flight hours to 9,000 flight hours.
Discussion that it is concerned about the potential • For P/Ns 65B27046-( ) and
The FAA issued a notice of proposed removal rates of in-service airplanes to 65B27047-( ), the initial inspection
rulemaking (NPRM) to amend 14 CFR address the unsafe condition; therefore, should be reduced from 22,000 flight
part 39 to include an AD that would it is working to certify an improved hours to 15,000 flight hours, and the
apply to all Boeing Model 747 airplanes. window design that incorporates a new, repetitive interval should be reduced
That NPRM was published in the improved interlayer, which is less from 7,500 flight hours to 3,000 flight
Federal Register on December 8, 2006 susceptible to the cracking experienced hours (to match the repetitive interval
(71 FR 71099). That NPRM proposed to with the existing windows. We infer the for P/Ns 65B27042-( ) and 65B27043-( )).
require an inspection of the No. 2 and commenter would like us to include a British Airways asserts that, based on
No. 3 windows on the left and right terminating action in this AD. its experience, the longer compliance
sides of the airplane to determine their We agree that improving the window times for P/Ns 65B27046-( ) and
part numbers, and related investigative design to prevent cracking is a 65B27047-( ), are not justified. British
and corrective actions if necessary. preferable solution than requiring long- Airways also asserts that requiring
term repetitive inspections. In the different repetitive intervals for different
Comments preamble of the NPRM, we stated that windows does not make sense since
We provided the public the we considered this action to be an many airlines use a mix of windows on
opportunity to participate in the interim action. When a final action is their airplanes.
development of this AD. We have identified, we may consider further We acknowledge British Airways’
considered the comments received. rulemaking. We have not changed this comments but disagree with revising the
AD in this regard. compliance times as proposed by the
Support for the NPRM commenter. In developing the
Request To Skip Inspection To
Boeing supports the NPRM, and compliance time for this AD action, we
Determine Part Number
British Airways supports the intent of considered not only the safety
the NPRM. Boeing Aerospace Operations implications of the identified unsafe
Engineering and Logistics Services condition, but the recommendations of
Request To Extend Grace Period requests that we allow operators to skip the manufacturer, known service
Qantas Airways states that the the window identification procedure experience, average utilization rate of
compliance times given in calendar time and accomplish the rest of the service the affected fleet, and the availability of
(units of years) in Tables 1, 2, and 3 of bulletin as though the part number required parts. British Airways refers to
Boeing Alert Service Bulletin 747– could not be identified. The commenter its service experience but does not
56A2012, dated August 24, 2006, are not states that since some airplanes are provide any data to support its
relevant for windows installed after the equipped with unique No. 2 and No. 3 comment. We invite British Airways to
issue date of the service bulletin. As an windows, the window identification submit, to Boeing, any data it has that
example, the commenter states that a cannot be accomplished according to supports its comments related to
window installed on an airplane 5 years Part 1 of the Boeing Alert Service changing certain compliance times. We
from now will have already surpassed Bulletin 747–56A2012, dated August 24, would consider further rulemaking
the compliance time at the time of 2006, or the replacement according to should such data support changing the
installation. Qantas Airways, therefore, Part 2, step 4 of the service bulletin. compliance times of this AD. To further
requests that the calendar times in We do not agree to delete the delay this AD would be inappropriate
Tables 1, 2, and 3 of the service bulletin inspection to determine the part considering the need to correct a known
be revised as follows: ‘‘Within 2 (or 3) numbers of the windows. Operators safety problem in a timely manner.
years after the date on this service who inspect and determine that the Further, operators are always permitted
bulletin, or after the window was affected windows are not installed on an to accomplish the requirements of an
installed, whichever occurs last.’’ airplane are not required to accomplish AD at an earlier time than the required
Qantas Airways asserts that this change the related investigative and corrective compliance time; therefore, an operator
will ensure that the inspection of newly actions. Therefore, accomplishing the may choose to inspect P/Ns 65B27046-
installed windows is controlled by inspection to determine the window ( ) and 65B27047-( ) at repetitive
calendar and flight-hour constraints. part numbers may relieve some intervals of 3,000 flight hours. We have
We agree to clarify the compliance operators of the on-condition determined that the compliance times
time for newly installed windows. If a requirements. However, under the recommended in the service bulletin are
discrepant window is replaced with a provisions of paragraph (h) of this AD, appropriate for addressing the unsafe
new window, then the initial detailed we may consider requests for approval condition and we have not changed this
inspection of the new window must be of an alternative method of compliance AD in this regard.
accomplished within either 5,500 or (AMOC) if sufficient data are submitted
22,000 flight hours after installing the to substantiate that such a design Request To Delete Grace Period
window, depending on the window part change would provide an acceptable British Airways states that the grace
number. The inspection must be level of safety. We have not changed period of 1,000 flight hours after the
repeated at the interval stated in Table this AD in this regard. date on the service bulletin is obsolete,
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2 or 3, as applicable, of the Boeing since this time period will have been
service bulletin. We have revised Request To Revise Compliance Times exceeded by the time we issued an AD.
paragraph (g) of this AD to clarify the British Airways states that the We infer that the commenter would like
compliance time. compliance times in Tables 2 and 3 of us to delete the grace period from Tables

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41440 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations

2 and 3 of Boeing Alert Service Bulletin airplane and to ensure that the airplane estimated cost of the AD for U.S.
747–56A2012, dated August 24, 2006. is operated in an airworthy condition, as operators is $48,960, or $320 per
We disagree with deleting the grace required by the Federal Aviation airplane.
period. We would like to point out that Regulations. Furthermore, we do not The detailed inspection, if necessary,
in paragraph (g) of the NPRM, which is consider it appropriate to attribute the takes about 1 work hour per airplane, at
retained in this AD, we stated that the costs associated with aircraft ‘‘down an average labor rate of $80 per work
compliance times given in the service time’’ to the AD. Also, we have hour. Based on these figures, the
bulletin are to be counted from the determined the cost of compliance from estimated cost of the detailed inspection
effective date of this AD, not from the information contained in the for U.S. operators is $80 per airplane,
date on the service bulletin. We have manufacturer’s service information. We per inspection cycle, if necessary.
not changed this AD in this regard. recognize that individual operators
Authority for This Rulemaking
Request To Rephrase Compliance Time might incur costs less than or more than
our estimate. It is impossible to estimate Title 49 of the United States Code
British Airways requests that we such individual variations. We have not specifies the FAA’s authority to issue
delete the word ‘‘or’’ where the service changed this AD in this regard. rules on aviation safety. Subtitle I,
bulletin compliance times are restated Section 106, describes the authority of
in the ‘‘Relevant Service Information’’ Request To Revise Service Bulletin
the FAA Administrator. Subtitle VII,
section of the NPRM. As justification, British Airways submitted several Aviation Programs, describes in more
the commenter states that using the comments on the accuracy and clarity of detail the scope of the Agency’s
word ‘‘or’’ gives an operator the choice Boeing Alert Service Bulletin 747– authority.
of choosing between two compliance 56A2012, dated August 24, 2006. We We are issuing this rulemaking under
times. infer that the commenter would like us the authority described in Subtitle VII,
We disagree with revising this AD, delay issuance of the AD until the Part A, Subpart III, Section 44701,
since the ‘‘Relevant Service service bulletin is revised to incorporate ‘‘General requirements.’’ Under that
Information’’ section is not retained in its comments. section, Congress charges the FAA with
a final rule. We have reviewed the We acknowledge the value of the promoting safe flight of civil aircraft in
NPRM and find that the wording used information submitted by the air commerce by prescribing regulations
throughout the NPRM is consistent with commenter. British Airways’ comments for practices, methods, and procedures
the service bulletin. Further, where we will be of benefit to any future revisions the Administrator finds necessary for
restated the service bulletin compliance of the service bulletin. In this case, safety in air commerce. This regulation
times in the NPRM, the lead-in however, the service bulletin is is within the scope of that authority
statements clearly specify doing the acceptable for ensuring that the unsafe because it addresses an unsafe condition
proposed actions at the earlier of the condition is addressed. Therefore, we that is likely to exist or develop on
compliance times; therefore, the do not agree to delay this action until products identified in this rulemaking
compliance time cannot be chosen at an the service bulletin has been revised. To action.
operator’s discretion. We have not do so would be inappropriate, since we
changed this AD in this regard. have determined that an unsafe Regulatory Findings
Request To Revise Costs of Compliance condition exists, and that inspections We have determined that this AD will
must be conducted to ensure continued not have federalism implications under
• British Airways requests that we safety. We have not changed this AD in Executive Order 13132. This AD will
make the following changes to the this regard. not have a substantial direct effect on
‘‘Costs of Compliance’’ section:
• Add the cost of replacing a cracked Clarification of AMOC Paragraph the States, on the relationship between
window. The commenter states that the the national government and the States,
We have revised this action to clarify or on the distribution of power and
‘‘Costs of Compliance’’ section is wrong the appropriate procedure for notifying
because it does not estimate the cost of responsibilities among the various
the principal inspector before using any levels of government.
replacing a cracked window. approved AMOC on any airplane to
• Include the cost of having to For the reasons discussed above, I
which the AMOC applies.
remove an airplane from service 40% certify that this AD:
more frequently to accomplish the Conclusion (1) Is not a ‘‘significant regulatory
repetitive actions. We have carefully reviewed the action’’ under Executive Order 12866;
• Revise the estimated work hours. available data, including the comments (2) Is not a ‘‘significant rule’’ under
The commenter asserts that it should received, and determined that air safety DOT Regulatory Policies and Procedures
take 1⁄2 hour to inspect a window to and the public interest require adopting (44 FR 11034, February 26, 1979); and
determine its part number, and that the the AD with the change described (3) Will not have a significant
inspection for cracks would require 2 previously. We have determined that economic impact, positive or negative,
people and would take 1 hour. this change will neither increase the on a substantial number of small entities
We do not agree to revise the ‘‘Cost of economic burden on any operator nor under the criteria of the Regulatory
Compliance’’ section as the commenter increase the scope of the AD. Flexibility Act.
proposes. The economic analysis of an We prepared a regulatory evaluation
AD is limited to the cost of actions that Costs of Compliance of the estimated costs to comply with
are actually required. The economic There are about 949 airplanes of the this AD and placed it in the AD docket.
analysis does not consider the costs of affected design in the worldwide fleet. See the ADDRESSES section for a location
conditional actions, such as repairing a This AD affects about 153 airplanes of to examine the regulatory evaluation.
crack detected during a required U.S. registry. The required inspection to
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inspection (‘‘repair, if necessary’’). Such determine the window part numbers List of Subjects in 14 CFR Part 39
conditional repairs would be required— takes about 4 work hours per airplane, Air transportation, Aircraft, Aviation
regardless of AD direction—to correct at an average labor rate of $80 per work safety, Incorporation by reference,
an unsafe condition identified in an hour. Based on these figures, the Safety.

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations 41441

Adoption of the Amendment Exceptions to Compliance Times DEPARTMENT OF THE TREASURY


■ Accordingly, under the authority (g) Where Tables 1, 2, and 3 of paragraph
1.E. of Boeing Alert Service Bulletin 747– Internal Revenue Service
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as 56A2012, dated August 24, 2006, specify
counting the compliance time from ‘‘. . . after 26 CFR Part 1
follows:
the date on this service bulletin,’’ this AD [TD 9336]
PART 39—AIRWORTHINESS requires counting the compliance time from
the effective date of this AD. After replacing RIN 1545–BF82
DIRECTIVES
a discrepant window with a new window, do
■ 1. The authority citation for part 39 the initial detailed inspection of the new
Return Required by Subchapter T
continues to read as follows: window at the applicable compliance time:
Cooperatives Under Section 6012
Authority: 49 U.S.C. 106(g), 40113, 44701. (1) within 5,500 flight cycles after installing AGENCY: Internal Revenue Service (IRS),
part number (P/N) 65B27042–( ) or Treasury.
§ 39.13 [Amended] 65B27043–( ), or (2) within 22,000 flight ACTION: Final regulations.
■ 2. The Federal Aviation cycles after installing P/N 65B27046–( ) or
Administration (FAA) amends § 39.13 65B27047–( ). SUMMARY: This document contains final
by adding the following new regulations that prescribe the form that
Alternative Methods of Compliance
airworthiness directive (AD): cooperatives must use to file their
(AMOCs)
2007–15–10 Boeing: Amendment 39–15139. income tax returns. The regulations
Docket No. FAA–2006–26441; (h)(1) The Manager, Seattle Aircraft affect all cooperatives that are currently
Directorate Identifier 2006–NM–204–AD. Certification Office, FAA, has the authority to required to file an income tax return on
approve AMOCs for this AD, if requested in either Form 1120, ‘‘U.S. Corporation
Effective Date
accordance with the procedures found in 14
(a) This AD becomes effective September 4, Income Tax Return,’’ or Form 990–C,
CFR 39.19.
2007. ‘‘Farmers’ Cooperative Association
(2) To request a different method of
Income Tax Return.’’ The new form will
Affected ADs compliance or a different compliance time
help the IRS to properly identify
(b) None. for this AD, follow the procedures in 14 CFR
cooperatives and differentiate between
39.19. Before using any approved AMOC on
Applicability cooperatives that must file returns
any airplane to which the AMOC applies,
(c) This AD applies to all Boeing Model notify your appropriate principal inspector
within 21⁄2 months of the end of the
747–100, 747–100B, 747–100B SUD, 747– (PI) in the FAA Flight Standards District
taxable year and those that must file
200B, 747–200C, 747–200F, 747–300, 747– Office (FSDO), or lacking a PI, your local
within 81⁄2 months of the end of the
400, 747–400D, 747–400F, 747SR, and 747SP FSDO. taxable year.
series airplanes, certificated in any category. DATES: Effective date: July 30, 2007.
Material Incorporated by Reference Applicability date: These regulations
Unsafe Condition
(d) This AD results from loss of a No. 3 (i) You must use Boeing Alert Service apply to returns for taxable years ending
window in-flight. We are issuing this AD to Bulletin 747–56A2012, dated August 24, on or after December 31, 2007. In
detect and correct cracking in the fail-safe 2006, to perform the actions that are required addition, taxpayers may rely on the
interlayer of certain No. 2 and No. 3 glass by this AD, unless the AD specifies regulations in filing returns for taxable
windows, which could result in loss of the otherwise. The Director of the Federal years ending on or after December 31,
window and consequent rapid loss of cabin Register approved the incorporation by 2006, and before December 31, 2007.
pressure. Loss of the window could also reference of this document in accordance FOR FURTHER INFORMATION CONTACT:
result in crew communication difficulties or with 5 U.S.C. 552(a) and 1 CFR part 51.
incapacitation of the crew. Matthew P. Howard, (202) 622–4910
Contact Boeing Commercial Airplanes, P.O. (not a toll-free number).
Compliance Box 3707, Seattle, Washington 98124–2207,
SUPPLEMENTARY INFORMATION:
(e) You are responsible for having the for a copy of this service information. You
actions required by this AD performed within may review copies at the FAA, Transport Background
the compliance times specified, unless the Airplane Directorate, 1601 Lind Avenue SW., Under existing regulations, all
actions have already been done. Renton, Washington; or at the National
cooperatives to which subchapter T
Archives and Records Administration
Inspection, Related Investigative Actions, applies (Subchapter T cooperatives) are
and Corrective Action (NARA). For information on the availability
required to make income tax returns.
of this material at NARA, call 202–741–6030,
(f) Inspect the No. 2 and No. 3 windows Except in the case of farmers’
or go to: http://www.archives.gov/federal-
on the left and right sides of the airplane to cooperatives, the regulations require
determine their part numbers, and do all the register/cfr/ibr-locations.html.
that the return be made on Form 1120.
applicable related investigative and Issued in Renton, Washington, on July 18, In the case of farmers’ cooperatives, the
corrective actions, by accomplishing all of 2007. regulations require that the return be
the actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin Stephen P. Boyd, made on Form 990–C.
747–56A2012, dated August 24, 2006, as Acting Manager, Transport Airplane Most taxpayers required to make an
applicable. Do all of these actions at the Directorate, Aircraft Certification Service. income tax return on Form 1120 must
compliance times specified in Tables 1, 2, [FR Doc. E7–14426 Filed 7–27–07; 8:45 am] file their return on or before the 15th
and 3 of paragraph 1.E. of the service day of the third month following the
BILLING CODE 4910–13–P
bulletin, as applicable, except as provided by close of the taxpayer’s taxable year (21⁄2
paragraph (g) of this AD. A review of airplane month deadline). Some Subchapter T
maintenance records is acceptable in lieu of cooperatives that make their returns on
the inspection if the part numbers of the
Form 1120 are required to file by the 21⁄2
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windows can be conclusively determined


from that review. Repeat the related month deadline, but others are not
investigative and corrective actions thereafter required to file their returns until the
at the interval specified in Table 2 or 3 of the 15th day of the ninth month following
service bulletin, as applicable. the close of the taxpayer’s taxable year

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