Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules 67303

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–143–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model 4100 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain British Aerospace Model 4100

series airplanes. This proposal would

require replacement of the stringer joint

pieces at the left side of the fuselage

with new, improved parts. This

proposal is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent the fuselage

structure at the stringer joint at station

130 on the left side of the airplane from

cracking, which could result in rapid

decompression of the airplane at the

forward fuselage area.

DATES: Comments must be received by

January 23, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

143–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

AI(R) American Support, Inc., 13850

McLearen Road, Herndon, Virginia

20171. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056, telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–143–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–143–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, notified the FAA

that an unsafe condition may exist on

certain British Aerospace Model 4100

series airplanes. The CAA advises that

a batch of fuselage stringer joint pieces

were incorrectly formed during

manufacturing. This condition, if not

corrected, could cause reduced fatigue

strength properties of the joint piece,

cracking, and failure of the fuselage

structure on the stringer joint at four

positions at station 130 on the left side

of the airplane, which could result in

rapid decompression of the aircraft at

the forward fuselage area.

Explanation of Relevant Service

Information

Jetstream has issued Service Bulletin

J41–53–039, dated August 22, 1996,

which describes procedures for

replacement of certain stringer joint

pieces with new, improved parts.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. The CAA

classified this service bulletin as

mandatory and issued British

airworthiness directive 005–08–96 in

order to assure the continued

airworthiness of these airplanes in the

United Kingdom.

FAA’s Conclusions

This airplane model is manufactured

in the United Kingdom and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Cost Impact

The FAA estimates that 10 Model

4100 series airplanes of U.S. registry

would be affected by this proposed AD,

that it would take approximately 70

work hours per airplane to accomplish

the proposed actions, and that the

average labor rate is $60 per work hour.

Required parts would be provided by

the manufacturer at no cost to operators.

Based on these figures, the cost impact

of the proposed AD on U.S. operators is

estimated to be $42,000, or $4,200 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

would not have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the
67304 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Proposed Rules

various levels of government. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

British Aerospace Regional Aircraft

[Formerly Jetstream Aircraft Limited;

British Aerospace (Commercial Aircraft)

Limited]: Docket 97–NM–143–AD.

Applicability: Model 4100 series airplanes,

constructors numbers 41081 through 41091

inclusive, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the fuselage structure at the

stringer joint at station 130 on the left side

of the airplane from cracking, which could

result in rapid decompression of the airplane

at the forward fuselage area, accomplish the

following:

(a) Within 6,000 flight hours after the

effective date of this AD, replace the stringer

joint pieces at four positions at station 130

on the left side of the airplane with new,

improved parts in accordance with the

Accomplishment Instructions of Jetstream

Service Bulletin J41–53–039, dated August

22, 1996.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Note 3: The subject of this AD is addressed

in the British airworthiness directive 005–

08–96.

Issued in Renton, Washington, on

December 16, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–33510 Filed 12–23–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 31

[REG–209484–87 and REG–209807–95]

RIN 1545–AF97; 1545–AT99

FICA and FUTA Taxation of Amounts

Under Employee Benefit Plans

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document contains a

revision to the proposed regulations

under section 3121(v)(2) of the Internal

Revenue Code of 1986, relating to when

amounts deferred under or paid from

certain nonqualified deferred

compensation plans are taken into

account as ‘‘wages’’ for purposes of the

taxes imposed by the Federal Insurance

Contributions Act (FICA). This

document extends the proposed general

effective date of the regulations to

January 1, 1998. The extension also

applies to the proposed regulations

under section 3306(r)(2), relating to

when amounts deferred under or paid

from certain nonqualified deferred

compensation plans are taken into

account as ‘‘wages’’ for purposes of the

taxes imposed by the Federal

Unemployment Tax Act (FUTA), due to

the cross-reference therein to the

provisions of the proposed regulations

under section 3121(v)(2).

DATES: Written comments and requests

for a public hearing must be received by

March 24, 1998.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (EE–142–87), room

5228, Internal Revenue Service, P.O.

Box 7604, Ben Franklin Station,

Washington, DC 20044. In the

alternative, submissions may be hand

delivered between the hours of 8 a.m.

and 5 p.m. to: CC:DOM:CORP:R (REG–

209484–87), Courier’s Desk, Internal

Revenue Service, 1111 Constitution

Avenue, NW. Washington, DC.

Alternatively, taxpayers may submit

comments electronically via the Internet

by selecting the ‘‘Tax Regs’’ option of

the IRS Home Page, or by submitting

comments directly to the IRS Internet

site at: http://www.irs.ustreas.gov/prod/

tax—regs/comments.html.

FOR FURTHER INFORMATION CONTACT:

Janine Cook, (202) 622–6040 (not a tollfree number), concerning the

regulations, and Michael Slaughter,

(202) 622–7190 (not a toll-free number),

concerning submissions.

SUPPLEMENTARY INFORMATION:

Background

This document contains a revision to

the proposed amendments to the

Employment Tax Regulations (26 CFR

part 31) under section 3121(v)(2) of the

Internal Revenue Code of 1986 (Code),

relating to the Federal Insurance

Contributions Act (FICA) tax treatment

of amounts deferred under or paid from

certain nonqualified deferred

compensation plans. The proposed

regulations were published in the

Federal Register on January 25, 1996

(61 FR 2194), with a proposed general

effective date of January 1, 1997. This

document extends the proposed general

effective date to January 1, 1998. The

same issue of the Federal Register

contained proposed amendments to the

Employment Tax Regulations under