This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

63023

Vol. 65, No. 204

Friday, October 20, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–250–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model 4101

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 all

British Aerospace (Jetstream) Model

4101 airplanes. This proposal would

require revising the Airworthiness

Limitations Section of the Instructions

for Continued Airworthiness to

incorporate life limits for certain items

and inspections to detect fatigue

cracking in certain structures. This

proposal is prompted by issuance of a

revision to the airworthiness limitations

of the British Aerospace J41 Aircraft

Maintenance Manual. The actions

specified by the proposed AD are

intended to ensure that fatigue cracking

of certain structural elements is detected

and corrected; such fatigue cracking

could adversely affect the structural

integrity of these airplanes.

DATES: Comments must be received by

November 20, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

250–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. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 99–NM–250–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

British Aerospace Regional Aircraft

American Support, 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:

Norman B. Martenson, Manager,

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 action may be changed in light

of the comments received.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

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 99–NM–250–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–114, Attention: Rules Docket No.

99–NM–250–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, has notified the

FAA that a revision to Section 05–10–

10, ‘‘Airworthiness Limitations

Description and Operation,’’ of the

British Aerospace J41 Aircraft

Maintenance Manual (AMM) has been

issued. [The FAA refers to the

information included in that section of

the AMM as the Airworthiness

Limitations Section (ALS).] This revised

section affects all British Aerospace

(Jetstream) Model 4101 airplanes. The

section provides mandatory

replacement times and structural

inspection intervals approved under

section 25.571 of the Joint Aviation

Requirements and the Federal Aviation

Regulations (14 CFR 25.571). As

airplanes gain service experience, or as

results of post-certification testing and

evaluation are obtained, it may become

necessary to add additional life limits or

structural inspections to ensure the

continued structural integrity of the

airplane.

The CAA advises that analysis of

fatigue test data has revealed that

certain inspections must be performed

at specific intervals to preclude fatigue

cracking in certain areas of the airplane.

In addition, the CAA advises that

certain life limits must be imposed for

various components on these airplanes

to preclude the onset of fatigue cracking

in those components. Such fatigue

cracking, if not corrected, could

adversely affect the structural integrity

of these airplanes.

63024 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

Explanation of Relevant Service

Information

British Aerospace has issued a

revision to Section 05–10–10,

‘‘Airworthiness Limitations Description

and Operation,’’ dated July 15, 1999, of

the British Aerospace J41 Aircraft

Maintenance Manual (AMM). This

revised section of the AMM describes

airworthiness limitations and

mandatory life limits for the main

landing gear, nose landing gear, fuel

system, flap control system, and main

baggage bay door. The section also

describes new inspections and

compliance times for inspection and

replacement actions. Accomplishment

of those actions will preclude the onset

of fatigue cracking of certain structural

elements of the airplane.

The CAA has approved Section 05–

10–10 of the AMM to assure the

continued airworthiness of these

airplanes in the United Kingdom. The

CAA has not issued a corresponding

airworthiness directive, although

accomplishment of the additional life

limits and structural inspections

contained in the AMM may be

considered mandatory for operators of

these airplanes in the United Kingdom.

FAA’s Conclusions

The FAA has reviewed the revision to

Section 05–10–10 of the AMM and 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.

Pursuant to the bilateral airworthiness

agreement, the CAA has kept the FAA

informed of the situation described

above. This airplane model is

manufactured in the United Kingdom

and is type certificated for operation in

the United States under the provisions

of § 21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. The FAA has determined

that the revision to Section 05–10–10 of

the AMM must be incorporated into the

Airworthiness Limitations Section

(ALS) of the Instructions for Continued

Airworthiness.

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

a revision to the ALS of the Instructions

for Continued Airworthiness to

incorporate inspections to detect fatigue

cracking of certain Significant Structural

Items and to revise life limits for certain

equipment and various components that

are specified in the previously

referenced maintenance document.

Explanation of Action Taken by the

FAA

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ for transport category

airplanes [§ 25.1529 of the Federal

Aviation Regulations (14 CFR 25.1529),

and the Appendices referenced in that

section], all products certificated to

comply with that section must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals) that include an

ALS. That section must set forth:

• Mandatory replacement times for

structural components,

• Structural inspection intervals, and

• Related approved structural

inspection procedures necessary to

show compliance with the damagetolerance requirements.

Compliance with the terms specified

in the ALS is required by sections 43.16

(for persons maintaining products) and

91.403 (for operators) of the Federal

Aviation Regulations (14 CFR 43.16 and

91.403).

In order to require compliance with

these inspection intervals and life

limits, the FAA must engage in

rulemaking, namely the issuance of an

AD. For products certificated to comply

with the referenced part 25

requirements, it is within the authority

of the FAA to issue an AD requiring a

revision to the ALS that includes

reduced life limits, or new or different

structural inspection requirements.

These revisions then are mandatory for

operators under § 91.403(c) of the

Federal Aviation Regulations (14 CFR

91.403), which prohibits operation of an

airplane for which airworthiness

limitations have been issued unless the

inspection intervals specified in those

limitations have been complied with.

After that document is revised, as

required, and the AD has been fully

complied with, the life limit or

structural inspection change remains

enforceable as a part of the

airworthiness limitations. (This is

analogous to AD’s that require changes

to the Limitations Section of the

Airplane Flight Manual.)

Requiring a revision of the

airworthiness limitations, rather than

requiring individual inspections, is

advantageous for operators because it

allows them to record AD compliance

status only once—at the time they make

the revision—rather than after every

inspection. It also has the advantage of

keeping all airworthiness limitations,

whether imposed by original

certification or by AD, in one place

within the operator’s maintenance

program, thereby reducing the risk of

non-compliance because of oversight or

confusion.

Cost Impact

The FAA estimates that 59 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $3,540, or

$60 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 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. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

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:

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63025

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 99–NM–250–AD.

Applicability: All Model Jetstream 4101

airplanes, 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 as indicated, unless

accomplished previously. To ensure

continued structural integrity of these

airplanes, accomplish the following:

Airworthiness Limitations Revision

(a) Within 30 days after the effective date

of this AD, revise the Airworthiness

Limitations Section (ALS) of the Instructions

for Continued Airworthiness by

incorporating Section 05–10–10,

‘‘Airworthiness Limitations Description and

Operation,’’ dated July 15, 1999, of the

British Aerospace J41 Aircraft Maintenance

Manual (AMM) into the ALS.

(b) Except as provided by paragraph (c) of

this AD: After the actions specified in

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

document listed in paragraph (a) of this AD.

Alternative Methods of Compliance

(c) 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.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with §§ 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.

Issued in Renton, Washington, on October

16, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27052 Filed 10–19–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 20

[REG–106511–00]

RIN 1545–AX98

Estate Tax Returns; Form 706,

Extension to File

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking

and notice of public hearing.

SUMMARY: This document contains

proposed regulations relating to the

filing of an application for an automatic

6-month extension of time to file an

estate tax return (Form 706). The

proposed regulations provide guidance

to executors of decedents’ estates on

how to properly file the application for

the automatic extension. This document

also provides notice of a public hearing

on these proposed regulations.

DATES: Written and electronic comments

must be received by January 18, 2001.

Outlines of topics to be discussed at the

public hearing scheduled for January 24,

2001, at 10 a.m., must be received by

January 3, 2001.

ADDRESSES: Send submissions to:

CC:M&SP:RU (REG–106511–00), room

5226, Internal Revenue Service, POB

7604, Ben Franklin Station, Washington,

DC 20044. Submissions may also be

hand delivered Monday through Friday

between the hours of 8 a.m. and 5 p.m.

to: CC:M&SP:RU (REG–106511–00),

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.gov/taxlregs/

reglist.html. The public hearing will be

held in Room 4716, Internal Revenue

Service Building, 1111 Constitution

Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Concerning the proposed regulations,

Mary A. Berman, (202) 622–3090;

concerning submissions of comments,

the hearing, and/or to be placed on the

building access list to attend the

hearing, LaNita Van Dyke, (202) 622–

7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information

contained in this notice of proposed

rulemaking has been submitted to the

Office of Management and Budget for

review in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)). Comments on the

collection of information should be sent

to the Office of Management and

Budget, Attn: Desk Officer for the

Department of the Treasury, Office of

Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Internal Revenue Service, Attn: IRS

Reports Clearance Officer, OP:FS:FP,

Washington, DC 20224. Comments on

the collection of information should be

received by December 19, 2000.

Comments are specifically requested

concerning:

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Internal Revenue Service, including

whether the information will have

practical utility;

The accuracy of the estimated burden

associated with the proposed collection

of information (see below);

How the quality, utility, and clarity of

the information to be collected may be

enhanced;

How the burden of complying with

the proposed collection of information

may be minimized, including through

the application of automated collection

techniques or other forms of information

technology; and

Estimates of capital or start-up costs

and costs of operation, maintenance,

and purchase of service to provide

information.

The collection of information in this

proposed regulation is in § 20.6081–

1(b). To receive an extension of time to

file an estate tax return, the executor of

a decedent’s estate must file Form 4768,

‘‘Application for Extension of Time To

File a Return and/or Pay U.S. Estate

(and Generation-Skipping Transfer)

Taxes.’’ This information is required to

obtain a benefit (an automatic 6-month

extension of time to file an estate tax

return). The collection of information is

mandatory if the extension is requested.