Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68239

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:

Construcciones Aeronauticas, S.A. (CASA):

Docket 97–NM–277–AD.

Applicability: Model C–212 series

airplanes, as listed in CASA Service Bulletin

SB–212–27–48, dated February 28, 1996;

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 loss of the movable joint of the

aileron control rod, caused by deterioration

of the hinges, which could result in reduced

controllability of the airplane, accomplish

the following:

(a) Within 100 flight hours after the

effective date of this AD, accomplish the

requirements of paragraphs (a) (1) and (a)(2)

of this AD in accordance with CASA Service

Bulletin SB–212–27–48, dated February 28,

1996.

(1) Perform an inspection of the spherical

bearings of the aileron control rod to detect

discrepancies. If any discrepancy is found,

prior to further flight, replace the whole

terminal. And

(2) Install an improved retainer washer in

the movable joint of the aileron control rod.

(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 Spanish airworthiness directive 05/96,

dated May 13, 1996.

Issued in Renton, Washington, on

December 22, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–34002 Filed 12–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–81–AD]

RIN 2120–AA64

Airworthiness Directives; EXTRA

Flugzeugbau GmbH Model EA–300

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain EXTRA

Flugzeugbau GmbH (EXTRA) Model

EA–300 airplanes. The proposed action

would require removing the elevator

mass balance and replacing it with a

reinforced mass balance of improved

design using new stop nuts. The

proposed AD is the result of mandatory

continuing airworthiness information

(MCAI) issued by the airworthiness

authority for Germany. The actions

specified by the proposed AD are

intended to prevent damage and

possible jamming of the airplane’s

control system, which, if not corrected,

could cause loss of control of the

airplane.

DATES: Comments must be received on

or before January 27, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–81–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

EXTRA Flugzeugbau, GmbH, Schwarze

Heide 21, 46569 Hunxe, Germany,

telephone 49–2358–9137–0; facsimile

49–2858–9137–30. This information

also may be examined at the Rules

Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Karl

M. Schletzbaum, Aerospace Engineer,

Small Airplane Directorate, Aircraft

Certification Service, 1201 Walnut, suite

900, Kansas City, Missouri 64106,

telephone (816) 426–6932; facsimile

(816) 426–2169.

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

should 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 that

summarizes 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 No. 97–CE–81–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, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–81–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for
68240 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

Germany, recently notified the FAA that

an unsafe condition may exist on certain

EXTRA Model EA–300 airplanes. The

LBA reports that during routine

inspections, inspectors found cracks at

the elevator mass balance support.

These conditions, if not detected and

corrected, could result in jamming of

the airplane’s control system causing

loss of control of the airplane.

Relevant Service Information

EXTRA has issued EA–300, Elevator

Mass Balance Service Bulletin No. 300–

1–92, Issue A, dated March 27, 1992,

which specifies procedures for

inspecting the elevator mass balance

attachment plate and replacing the

elevator mass balance with a reinforced

mass balance of improved design.

The LBA classified this service

bulletin as mandatory and issued

German AD 92–199 EXTRA, dated April

13, 1992, in order to assure the

continued airworthiness of these

airplanes in Germany.

The FAA’s Determination

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above.

The FAA has examined the findings

of the LBA, 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.

Differences Between the Manufacturer’s

Service Information and the Proposed

Action

The FAA has determined that it is

more beneficial and less cumbersome to

require a replacement of each elevator

mass balance and forego an initial

inspection. The FAA is proposing this

alternative because the one-time

replacement is more time and labor

efficient. The LBA and the manufacturer

are requiring, prior to further flight:

(1) an initial inspection for cracks,

and

(2) if cracks are found, replacing the

part, prior to further flight, and

(3) if no cracks are found, replacing

the part prior to accumulating certain

hours time-in-service.

The one time replacement proposed

in this AD would take precedence over

the instructions for repetitively

inspecting and replacing required in the

German AD and manufacturer’s service

bulletin.

The FAA has also reviewed the

compliance times recommended by the

manufacturer and by the LBA AD.

This review showed compliance prior

to further flight, which grounds

airplanes, and a second compliance,

after the initial inspection.

The FAA decided that one

compliance time and one action is less

cumbersome and would not present any

undue burden on any of the owner/

operators of any U.S.-registered

airplanes. Therefore, the compliance

time stated in the body of the proposed

AD would take precedence over the

compliance time recommended by the

manufacturer and the LBA for Germany.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other EXTRA Model EA–300

airplanes of the same type design

registered in the United States, the

proposed AD would require removing

each elevator mass balance, and

replacing each elevator mass balance

with a reinforced elevator mass balance

of improved design (part number (P/N)

PC–33202.1B), using new stop nuts.

Cost Impact

The FAA estimates that 20 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 3 workhours per airplane

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts cost

approximately $100 per airplane. Based

on these figures, the total cost impact of

the proposed AD on U.S. operators is

estimated to be $5,600 or $280 per

airplane.

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

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 action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under 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 has been placed 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 a new airworthiness directive

(AD) to read as follows:

Extra Flugzeugbau GmbH: Docket No. 97–

CE–81–AD.

Applicability: Model EA–300 airplanes

(serial numbers V1, and 001 through 034),

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 (c) 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 within the next 50

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent possible jamming of the

airplane’s control system, which, if not

corrected, could cause loss of control of the

airplane, accomplish the following:

(a) Replace the elevator mass balance with

a new reinforced elevator mass balance (part

number (P/N) PC–33202.1B), using new stop

nuts in accordance with the Instructions

section of the EXTRA EA–300, Elevator Mass

Balance, Service Bulletin No. 300–1–92,

Issue A, dated March 27, 1992.

(b) Special flight permits may be issued in

accordance with sections 21.197 and 21.199
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68241

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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, Aircraft Certification Service,

1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Extra Flugzeugbau,

GmbH, Schwarze Heide 21, 46569 Hunxe,

Germany; or may examine this document at

the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

Note 3: The subject of this AD is addressed

in German AD 92–199 Extra, dated April 13,

1992.

Issued in Kansas City, Missouri, on

December 23, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–34046 Filed 12–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[REG–100841–97]

RIN 1545–AU97

Agreements for Payment of Tax

Liability in Installments

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document contains

proposed regulations relating to

terminations of agreements for the

payment of tax liabilities in installments

(installment agreements). The proposed

regulations reflect changes made to

section 6159 of the Internal Revenue

Code of 1986 (Code) by the Taxpayer

Bill of Rights 2. The proposed

regulations provide a procedure for

requesting an independent

administrative review of an alteration,

modification, or termination of an

installment agreement.

DATES: Written comments and requests

for a public hearing must be received by

March 2, 1998.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–100841–97),

room 5226, Internal Revenue Service,

POB 7604, Ben Franklin Station,

Washington, DC 20044. Submissions

may be hand delivered between the

hours of 8 a.m. and 5 p.m.:

CC:DOM:CORP:R (REG–100841–97),

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 on the

IRS Home Page, or by submitting

comments directly to the IRS Internet

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

taxllregs/comments.html.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Kevin B.

Connelly, (202) 622–3640 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

amendments to the Procedure and

Administration Regulations (26 CFR

part 301) relating to installment

agreements under section 6159 of the

Code. Section 201 of the Taxpayer Bill

of Rights 2 (TBOR2), Pub. L. No. 104–

168, 110 Stat. 1452 (1996), amended

section 6159 to provide that the

Secretary may not alter, modify, or

terminate an installment agreement

unless notice of such action is given not

later than 30 days before the date of the

action. The notice must explain why the

Secretary intends to take the proposed

action. Section 202 of TBOR2 provides

that the Secretary shall provide an

independent administrative review of

the termination of an installment

agreement upon request of the taxpayer.

These proposed regulations reflect the

change made by Section 202 of TBOR2.

In addition, although the IRS rarely

alters or modifies an installment

agreement, the proposed regulations

give taxpayers the right to an

independent administrative review of

alterations or modifications.

Explanation of Provisions

Sections 201 and 202 of TBOR2

amended section 6159 of the Code with

respect to installment agreements.

Section 201 provides that the Secretary

may not alter, modify, or terminate an

installment agreement unless notice of

such action is given to the taxpayer at

least 30 days before the action. The

notice must explain why the Secretary

intends to take the proposed action.

Notice is not necessary if collection of

the tax to which the installment

agreement relates is in jeopardy.

Prior to the enactment of TBOR2,

Section 6159 of the Code required

notice only if the Internal Revenue

Service intended to alter, modify, or

terminate an installment agreement

because of a change in the taxpayer’s

financial condition. Section 301.6159–

1(c)(4) of the regulations that are being

amended by this notice of proposed

rulemaking, however, already requires

30 days notice whenever the IRS

intends to alter, modify, or terminate

any agreement, regardless of the reason

for the action. The only exception to

this rule is that no notice is required if

collection of the tax to which the

installment agreement relates is in

jeopardy. In addition, existing

paragraph (c)(4) requires the notice to

explain the reason for the intended

action. In light of existing paragraph

(c)(4), the regulations do not have to be

amended to reflect section 201 of

TBOR2.

Section 202 of TBOR2 provides that,

upon request by a taxpayer, the

Secretary shall provide an independent

administrative review of the termination

of an installment agreement. In

addition, although the IRS rarely alters

or modifies an installment agreement,

the proposed regulations grant taxpayers

the right to request an independent

administrative review of alterations or

modifications. Procedures for requesting

an independent administrative review

are contained in the proposed

regulations.

When the Internal Revenue Service

intends to terminate an installment

agreement, it currently sends the

taxpayer a written notice of its intent.

The notice (1) informs the taxpayer why

the Internal Revenue Service intends to

terminate the agreement, (2) notifies the

taxpayer that the Internal Revenue

Service intends to levy the taxpayer’s

property, (3) explains that the taxpayer

has a right to request an independent

review of the Internal Revenue Service’s

decision, and (4) tells the taxpayer to

call the telephone number listed on the

notice within 30 days of the date of the

notice if the taxpayer wishes to stay

collection and request the Internal

Revenue Service to review its decision.

If the taxpayer timely calls the

telephone number listed on the notice,

the employee attempts to resolve the

case with the taxpayer. If the taxpayer

and the employee are not able to resolve

the case to the taxpayer’s satisfaction, a

conference is set up with a manager. If

the manager and the taxpayer are unable

to resolve the case, the manager

forwards the case to Appeals for an