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43998 Federal Register / Vol. 71, No.

149 / Thursday, August 3, 2006 / Proposed Rules

Alert Service Bulletin PW2000 A72– national Government and the States, or Compliance
706, dated February 17, 2006, that on the distribution of power and (e) You are responsible for having the
describes procedures for a onetime responsibilities among the various actions required by this AD performed at the
focused visual and FPI of suspect levels of government. next shop visit, not to exceed an additional
PW2000 8th stage HPC drum rotor disk For the reasons discussed above, I 6000 engine cycles, after the effective date of
assemblies that may have been damaged certify that the proposed regulation: this AD, when the 8th stage HPC drum rotor
1. Is not a ‘‘significant regulatory disk assembly is exposed and removed from
during original manufacture. the HPC module, unless the actions have
action’’ under Executive Order 12866; already been done.
FAA’s Determination and Requirements 2. Is not a ‘‘significant rule’’ under the
of the Proposed AD DOT Regulatory Policies and Procedures Inspect the 8th Stage Drum Rotor Disk
We have evaluated all pertinent (44 FR 11034, February 26, 1979); and (f) Using the Accomplishment Instructions
information and identified an unsafe 3. Would not have a significant of Pratt & Whitney Alert Service Bulletin
condition that is likely to exist or economic impact, positive or negative, PW2000 A72–706, dated February 17, 2006,
develop on other products of this same on a substantial number of small entities do a onetime focused visual and fluorescent
type design. We are proposing this AD, under the criteria of the Regulatory penetrant inspection (FPI) of suspect 8th
which would require a onetime focused stage HPC drum rotor disk assemblies that
Flexibility Act. may have been damaged during manufacture.
visual and FPI of 21 suspect PW2000 We prepared a regulatory evaluation Any 8th stage disk damage that exceeds the
8th stage HPC drum rotor disk of the estimated costs to comply with serviceable limits specified in Pratt &
assemblies. The proposed AD would this proposed AD. See the ADDRESSES Whitney PW2000 Engine Manual, Part
require you to use the service section for a location to examine the Number 1A6231, Chapter/Section 72–35–03,
information described previously to regulatory evaluation. Inspection/Check–01/–04, can not be
perform these actions. returned to service. Table 1 of the
List of Subjects in 14 CFR Part 39 Accomplishment Instructions lists the part
Costs of Compliance Air transportation, Aircraft, Aviation numbers and serial numbers of the HPC
We estimate that this proposed AD safety, Safety. drum rotor disk assemblies requiring
would affect 15 engines installed on inspection.
airplanes of U.S. registry. We also The Proposed Amendment (g) After the effective date of this AD, do
not install any uninspected 8th stage drum
estimate that it would take about 70 Under the authority delegated to me rotor disk assemblies listed in Table 1 of the
workhours per engine to perform the by the Administrator, the Federal Accomplishment Instructions of Pratt &
proposed actions, and that the average Aviation Administration proposes to Whitney Alert Service Bulletin PW2000
labor rate is $80 per workhour. We do amend 14 CFR part 39 as follows: A72–706, dated February 17, 2006, in any
not expect that parts will be required. engine.
Based on these figures, we estimate the PART 39—AIRWORTHINESS
DIRECTIVES Alternative Methods of Compliance
total cost of the proposed AD to U.S.
operators to be $84,000 for the (h) The Manager, Engine Certification
1. The authority citation for part 39 Office, has the authority to approve
inspection. continues to read as follows: alternative methods of compliance for this
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. AD if requested using the procedures found
in 14 CFR 39.19.
Title 49 of the United States Code
§ 39.13 [Amended] Issued in Burlington, Massachusetts, on
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding July 27, 2006.
Section 106, describes the authority of the following new airworthiness Francis A. Favara,
the FAA Administrator. Subtitle VII, directive: Manager, Engine and Propeller Directorate,
Aviation Programs, describes in more Pratt & Whitney: Docket No. FAA–2006– Aircraft Certification Service.
detail the scope of the Agency’s 24452; Directorate Identifier 2006–NE– [FR Doc. E6–12539 Filed 8–2–06; 8:45 am]
authority. 11–AD. BILLING CODE 4910–13–P
We are issuing this rulemaking under Comments Due Date
the authority described in Subtitle VII, (a) The Federal Aviation Administration
Part A, Subpart III, Section 44701, (FAA) must receive comments on this DEPARTMENT OF THE TREASURY
‘‘General requirements.’’ Under that airworthiness directive (AD) action by
section, Congress charges the FAA with October 2, 2006. Internal Revenue Service
promoting safe flight of civil aircraft in
Affected ADs 26 CFR Parts 1
air commerce by prescribing regulations
for practices, methods, and procedures (b) None.
[REG–125071–06]
the Administrator finds necessary for Applicability
safety in air commerce. This regulation RIN 1545–BF75
(c) This AD applies to Pratt & Whitney
is within the scope of that authority PW2037, PW2040, PW2037M turbofan Reporting Rules for Widely Held Fixed
because it addresses an unsafe condition engines. These engines are installed on, but
Investment Trusts
that is likely to exist or develop on not limited to Boeing 757 airplanes.
products identified in this rulemaking Unsafe Condition AGENCY: Internal Revenue Service (IRS),
action. Treasury.
(d) This AD results from a Pratt & Whitney
ACTION: Notice of proposed rulemaking
hsrobinson on PROD1PC69 with PROPOSALS

Regulatory Findings PW2037 8th stage high-pressure compressor


(HPC) drum rotor disk assembly failure event by cross-reference to temporary
We have determined that this regulations.
caused by tooling damage that occurred
proposed AD would not have federalism during disk assembly manufacture. We are
implications under Executive Order issuing this AD to prevent 8th stage HPC SUMMARY: In this issue of the Federal
13132. This proposed AD would not drum rotor disk assembly failure that could Register, the IRS and the Treasury
have a substantial direct effect on the result in an uncontained engine failure and Department are issuing final and
States, on the relationship between the damage to the airplane. temporary regulations amending

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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules 43999

§ 1.671–5 which provides reporting beneficial owners of trust interests and investment in a WHFIT and in locating
rules for widely held fixed investment that beneficial owners are properly the WHFIT’s representative.
trusts (WHFITs). The final and reporting their ownership of a trust In response to these comments, the
temporary regulations clarify and interest. final regulations require a trustee to
simplify reporting for trustees and An agency may not conduct or identify the WHFIT as either a WHMT
middlemen of non-mortgage widely sponsor, and a person is not required to or a NMWHFIT when providing trust
held fixed investment trusts respond to, a collection of information information. The preamble to the final
(NMWHFITs). The text of those final unless it displays a valid control WHFIT regulations provides that the
and temporary regulations serves, in number assigned by the Office of IRS and the Treasury Department are
part, as the text of these proposed Management and Budget. studying whether a directory or list of
regulations. In addition to the Books or records relating to a WHFITs can be compiled by the IRS and
amendments to § 1.671–5 included in collection of information must be expressed concern that such a directory
the final and temporary regulations, retained as long as their contents might was not feasible because of the large
these proposed regulations provide for become material in the administration number of WHMTs. In the preamble, the
the creation of a directory of of any internal revenue law. Generally, IRS and the Treasury Department
NMWHFITs and trustees of widely held tax returns and tax return information requested additional comments from
mortgage trusts (WHMTs). These are confidential, as required by 26 middlemen regarding the type of
regulations also clarify the reporting U.S.C. 6103. WHFITs that should be included in any
rules for market discount under the Background and Explanation of directory, the type of information
NMWHFIT safe harbor for NMWHFITs Provisions needed by middlemen (especially
that hold debt instruments with original middlemen holding WHMT interests),
issue discount (OID). The preamble to On January 24, 2006, the Internal and the format of a directory that would
these regulations also solicits comments Revenue Service (IRS) and the Treasury be most helpful. Trustees were also
regarding the safe harbor for WHMTs. Department published final regulations asked to comment regarding how the
DATES: Written or electronic comments
(TD 9241) under § 1.671–5 in the IRS could obtain the trust information
and requests for a public hearing must Federal Register (71 FR 4002) providing needed for the directory from the
be received by October 2, 2006. reporting rules for WHFITs. Final and trustees in the least burdensome
temporary regulations in this issue of manner.
ADDRESSES: Send submissions to
the Federal Register amend § 1.671–5. Since the publication of the final
CC:PA:LPD:PR (REG–125071–06), These amendments are intended to
Internal Revenue Service, PO Box 7604, regulations, the IRS has received
clarify and simplify the reporting additional comments regarding the need
Ben Franklin Station, Washington, DC required by NMWHFITs under § 1.671–
20044, or send electronically, via the for a directory of WHFITs.
5. The text of the final and temporary Commentators indicated that such a
IRS Internet site at http://www.irs.gov/ regulations also serves, in part, as the
regs or via the Federal eRulemaking directory would significantly improve a
text of these proposed regulations. The middleman’s ability to comply with
Portal at http://www.regulations.gov preamble to final and temporary § 1.671–5 and suggested that the IRS
(IRS–REG–125071–06). regulations explains the final and provide a directory of WHMT trustees
FOR FURTHER INFORMATION CONTACT: temporary regulations and those parts of and NMWHFITs, with each WHMT
Concerning the proposed regulations, these proposed regulations that are trustee maintaining a list of the WHMTs
Faith Colson, (202) 622–3060 (not a toll- included in the final and temporary for which the trustee acts at an Internet
free number); concerning submission of regulations. These proposed regulations Web site available to middlemen.
comments and/or requests for a public include proposed amendments to In response to these comments, the
hearing, Richard A Hurst at § 1.671–5 in addition to those provided IRS proposes to expand Publication 938,
Richard.A.Hurst@irscounsel.treas.gov. by the final and temporary regulations. ‘‘Real Estate Investment Conduits
SUPPLEMENTARY INFORMATION: The proposed amendments to § 1.671–5 (REMICs) Reporting Information (and
that are not included in the final and other Collateralized Debt Obligations
Paperwork Reduction Act (CDOs)),’’ or create a separate
temporary regulations are discussed
These proposed regulations amend below. publication to list WHMT trustees and
§ 1.671–5. The collection of information NMWHFITs. The IRS currently intends
contained in these proposed regulations I. Proposed Directory of WHMT Trustees to list NMWHFITs in this directory by
has been previously reviewed and and NMWHFITs and Requirement That trustee (listed in alphabetical order)
approved by the Office of Management WHMT Trustees Provide a List of with the NMWHFITs for which the
and Budget in accordance with the WHMTs for Which They Act on an trustee acts listed by CUSIP number,
Paperwork Reduction Act of 1995 (44 Internet Web Site followed by any NMWHFITs, listed in
U.S.C. 3507) under control number Prior to the publication of the final alphabetical order by name which do
1545–1540. Response to this collection regulations under § 1.671–5, not have CUSIP numbers. NMWHFIT
of information is mandatory. The commentators expressed concern that trustees will be required to file Form
collection of information in these middlemen would not be able to 8811, ‘‘Information Return for REMICs
proposed regulations is in § 1.671–5. identify a client’s investment as an and Issuers of CDO’s,’’ or a similar form
This information is required to be investment in a WHFIT and suggested to provide the IRS with the information
reported to beneficial owners of trust that the IRS publish a directory or list it needs to list NMWHFITs in the
interests to enable them to correctly of WHFITs that would include the name directory.
hsrobinson on PROD1PC69 with PROPOSALS

report their share of the items of and CUSIP number of each WHFIT, The directory will also alphabetically
income, deduction, and credit of the along with the name, address and list WHMT trustees and provide the
WHFIT in which they have invested. telephone number of the WHFIT’s address of the Internet Web site that
This information is also required to be representative. Commentators noted that lists the WHMTs for which the trustee
reported to the IRS to enable the IRS to a publicly available directory or list acts. WHMT trustees will be required to
verify that trustees and middlemen are would assist middlemen and brokers in file Form 8811, or similar form, to
accurately reporting information to identifying a client’s investment as an identify themselves to the IRS as a

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44000 Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules

WHMT trustee and provide an Internet whether a trust interest was acquired which they act) and (c)(5) (providing for
Web site that lists the WHMTs for with market discount. So as not to middlemen to refer to a directory
which the trustee acts. The IRS and require trustees to calculate information created by the IRS), that may require
Treasury Department continue to for calendar years prior to the effective some lead time for their
request comments on the need for the date of the final regulations, the implementation.
directory and the format to be used for proposed regulations only apply this
Special Analysis
the directory, as well as comments requirement to NMWHFITs with a start-
regarding how to obtain information up date (as defined in § 1.671–5(b)(19)) It has been determined that these
from trustees in the least burdensome after January 24, 2006. proposed regulations are not a
manner. significant regulatory action as defined
III. Request for Comments on the in Executive Order 12866. Therefore, a
II. Clarification of Market Discount Expansion of the WHMT Safe Harbor regulatory assessment is not required. It
Information Required To Be Reported The final regulations include safe is hereby certified that these regulations
Under the NMWHFIT Safe Harbor harbor reporting rules for WHMTs. will not have a significant economic
Commentators also noted the need for Section 1.671–5(g)(1)(ii)(B) provides impact on a substantial number of small
amendments to the information required that, to be eligible to report under the entities. This certification is based on
to be reported under the NMWHFIT safe WHMT safe harbor, all interests in the the fact that the regulations will not to
harbor with respect to market discount. WHMT must represent the right to have a significant economic impact on
If a NMWHFIT does not qualify for the receive an equal pro-rata share of both small entities because the reporting
reduced reporting in § 1.671– the income and the principal payments burdens in these regulations will fall
5(c)(2)(iv)(B), § 1.671–5(f)(1)(viii) received by the WHMT on the primarily on large brokerage firms, large
requires the trustee to provide mortgages it holds and that, for banks, and other large entities acting as
information regarding the portion of the example, a WHMT that holds or issues trustees or middlemen, most of which
trust that the assets sold represented. trust interests that qualify as stripped are not small entities within the
Assuming that a trust interest holder interests under section 1286 may not meaning of the Regulatory Flexibility
purchased its interest at a discount, it report under the safe harbor. Further, a Act (5 U.S.C. chapter 6). Thus, a
was contemplated that the trust interest WHMT that holds an interest in another substantial number of small entities are
holder would allocate the same portion WHFIT is not eligible to report under not expected to be affected. Therefore, a
of its discount to the sale as the assets the WHMT safe harbor. See § 1.671– Regulatory Flexibility Analysis under
represented to the NMWHFIT. The trust 5(b)(11) (limiting the definition of a the Regulatory Flexibility Act (5 U.S.C.
interest holder would then determine mortgage to exclude an interest in chapter 6) is not required. Pursuant to
how much of the discount allocated to another WHFIT) and § 1.671– section 7805(f) of the Code, these
the sold assets had accrued since the 5(g)(1)(ii)(E)(1) (providing that only regulations will be submitted to the
trust interest holder purchased its WHMTs that directly hold mortgages Chief Counsel for Advocacy of the Small
interest using either a ratable or may use the safe harbor). Since the Business Administration for comment
constant interest method, as publication of the final regulations, a on their impact on small business.
appropriate. commentator has requested that safe
After reviewing the comments harbor reporting rules be developed for Comments and Public Hearing
received after the publication of TD WHMTs that hold or issue stripped Before these proposed regulations are
9241, the IRS and the Treasury interests and for WHMTs that hold adopted as final regulations,
Department noted that the information interests in other WHMTs. The IRS and consideration will be given to any
required to be reported under the safe the Treasury Department will consider written (a signed original and eight (8)
harbor is incomplete with respect to a this request in connection with further copies) or electronic comments that are
NMWHFIT holding debt instruments action on this proposed regulation and submitted timely to the IRS. The IRS
with original issue discount (OID). request additional comments regarding and the Treasury Department request
Under both the general provisions the need for additional WHMT safe comments on the clarity of the proposed
(§ 1.671–5(c)(2)(ii)(A) and (vii)) and the harbor reporting rules, the nature of the rules and how they can be made easier
safe harbor (§ 1.671–5(f)(1)(vii) and arrangements for which the additional to understand. All comments will be
(viii)), OID information is required to be safe harbors are needed, the safe harbor available for public inspection and
calculated and provided separately from reporting suggested and how such copying. A public hearing will be
market discount. Accordingly, to enable reporting is consistent with substantive scheduled if requested in writing by any
trust interest holders to determine the law. person that timely submits written
amount of market discount the interest comments. If a public hearing is
holder is to allocate to a particular sale Effective Date
scheduled, notice of the date, time, and
or disposition of debt instruments by The IRS and the Treasury Department place for the public hearing will be
the NMWHFIT, § 1.671–5(f)(1)(viii)(A) is expect to take prompt action to finalize published in the Federal Register.
proposed to be amended with respect to the proposed regulations so that certain
NMWHFITs that hold debt instruments of the provisions that are only included Drafting Information
with OID, to include a requirement that in the proposed regulations can be made The principal author of these
trustees provide the aggregate adjusted effective as of January 1, 2007 (see regulations is Faith Colson, Office of
issue price of the debt instruments held § 1.671–5(m)) as though the provisions Associate Chief Counsel (Passthroughs
by the NMWHFIT per trust interest as of were included in TD 9241. The IRS and & Special Industries). However, other
hsrobinson on PROD1PC69 with PROPOSALS

the start-up date as well as of January 1 Treasury Department invite personnel from the IRS and the Treasury
of each subsequent year of the recommendations regarding the Department participated in their
NMWHFIT. It is contemplated that trust effective date of proposed paragraphs development.
interest holders will use the January 1 (c)(3) (requiring trustees to file an
adjusted issue price for the year in information return with the IRS and List of Subjects in 26 CFR Part 1
which the trust interest holder requiring WHMT trustees to provide an Income taxes, Reporting and
purchased its interest to determine Internet Web site listing the WHMTs for recordkeeping requirements.

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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules 44001

Proposed Amendments to the trustees list WHMTs on an Internet Web § 1.671–5T(f)(1)(i)(A) published
Regulations site—(i) Information return identifying a elsewhere in this issue of the Federal
Accordingly, 26 CFR part 1 is NMWHFIT to the IRS. For each Register].
amended as follows: NMWHFIT for which the trustee acts, * * * * *
the trustee of a NMWHFIT must file the (viii) Reporting market discount
PART 1—INCOME TAXES form specified as the information return information under the safe harbor—(A)
to be used for identifying a NMWHFIT In general—(1) Trustee is required to
Paragraph 1. The authority citation to the IRS. The form must be filed by the
for part 1 continues to read, in part, as provide market discount information. If
due date provided by that form and the trustee is required to provide
follows: must contain the information required information regarding market discount
Authority: 26 U.S.C. 7805 * * * to be provided by the form. If, following under paragraph (c)(2)(vii) of this
Par. 2. Section 1.671–5 is amended the publication of final regulations in section, the trustee must provide—
by: the Federal Register, the IRS issues (i) The information required to be
1. Revising paragraphs (b)(5), (b)(8), additional guidance that prescribes provided under paragraph
and (b)(21). another method to be used to identify (f)(1)(iv)(A)(1)(iii) of this section; and
2. Revising paragraph (c)(2)(iv), (v)(C), and provide information with respect to (ii) If the NMWHFIT holds debt
(vi), and (vii). a NMWHFIT to the IRS, this method instruments with OID and the
3. Revising paragraph (c)(3). must be used. NMWHFIT has a start-up date on or
4. Adding paragraph (c)(5)(iv). (ii) Information return for trustees of after January 24, 2006, the aggregate
5. Revising paragraphs (f)(1)(i)(A) and WHMTs and the requirement that the adjusted issue price of the debt
(viii)(A). trustee maintain an Internet Web site instruments per trust interest calculated
The revisions and addition read as listing the CUSIP numbers and names of as of the start-up date and as of January
follows: the WHMTs for which the trustee acts. 1 for each subsequent year of the
§ 1.671–5 Reporting for widely held fixed The trustee of a NMWHFIT must file the NMWHFIT.
investment trusts. form specified as the information return (2) Trustee is not required to provide
* * * * * to be used for identifying the trustee to market discount information. If the
(b) * * * the IRS. The form must be filed by the trustee is not required to provide market
(5) [The text of proposed § 1.671– due date provided by that form and discount information under paragraph
5(b)(5) is the same as the text of § 1.671– contain the information required to be (c)(2)(vii) of this section (because the
5T(b)(5) published elsewhere in this provided by the form. In addition, the NMWHFIT meets the de minimis test of
issue of the Federal Register]. trustee must maintain a list of the paragraph (c)(2)(iv)(D)(1) of this section,
* * * * * WHMTs for which the trustee acts on the qualified NMWHFIT exception of
(8) [The text of proposed § 1.671– the trustee’s Internet Web site (or paragraph (c)(2)(iv)(E) of this section, or
5(b)(8) is the same as the text of § 1.671– another site designated by the trustee for the NMWHFIT final year exception of
5T(b)(8) published elsewhere in this this purpose). If, following the paragraph (c)(2)(iv)(F) of this section),
issue of the Federal Register]. publication of final regulations in the the trustee is not required under this
Federal Register, the IRS issues paragraph (f) to provide any information
* * * * *
additional guidance that prescribes regarding market discount.
(21) [The text of proposed § 1.671–
another method to be used to identify a * * * * *
5(b)(21) is the same as the text of
trustee as a WHMT trustee and provide
§ 1.671–5T(b)(21) published elsewhere Mark E. Matthews,
information with respect to the WHMTs
in this issue of the Federal Register].
for which the trustee acts, this method Deputy Commissioner for Services and
* * * * * must be used. Enforcement.
(c) * * * [FR Doc. 06–6650 Filed 7–28–06; 4:15 pm]
(2) * * * * * * * *
(iv) [The text of proposed § 1.671– (5) * * * BILLING CODE 4830–01–P

5(c)(2)(iv) is the same as the text of (iv) Directory of WHMT trustees and
§ 1.671–5T(c)(2)(iv) published NMWHFITs. The IRS provides a
elsewhere in this issue of the Federal directory of WHMT trustees and DEPARTMENT OF COMMERCE
Register]. NMWHFITs, and WHMT trustees
(v) * * * provide an Internet Web site at which National Oceanic and Atmospheric
(C) [The text of proposed § 1.671– the trustees list the WHMTs for which Administration
5(c)(2)(v)(C) is the same as the text of they act, to assist requesting persons in
§ 1.671–5T(c)(2)(v)(C) published locating a representative of a WHFIT 50 CFR Part 216
elsewhere in this issue of the Federal that will provide the information [Docket No. 060629183–6183–01; I.D.
Register]. specified in paragraph (c) of this 022106A]
(vi) [The text of proposed § 1.671– section. A requesting person may report
5(c)(2)(vi) is the same as the text of consistent with this section for any RIN 0648–AT39
§ 1.671–5T(c)(2)(vi) published arrangement identified in the directory Taking and Importing Marine
elsewhere in this issue of the Federal as a NMWHFIT or on a WHMT trustee’s Mammals; Taking Marine Mammals
Register]. Internet Web site as a WHMT provided Incidental to Conducting Precision
(vii) [The text of proposed § 1.671– that the requesting person does not have Strike Weapons Testing and Training
hsrobinson on PROD1PC69 with PROPOSALS

5(c)(2)(vii) is the same as the text of actual knowledge that the arrangement by Eglin Air Force Base in the Gulf of
§ 1.671–5T(c)(2)(vii) published is not a WHFIT. Mexico
elsewhere in this issue of the Federal (f) * * *
Register]. (1) * * * AGENCY: National Marine Fisheries
* * * * * (i) * * * Service (NMFS), National Oceanic and
(3) Requirement that trustees file an (A) [The text of proposed § 1.671– Atmospheric Administration (NOAA),
information return and that WHMT 5(f)(1)(i)(A) is the same as the text of Commerce.

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