54856 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 

Related Information 

(h) French airworthiness directive 2002–

074(B) R1, dated March 20, 2002, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on 

September 9, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–18529 Filed 9–16–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22454; Directorate 

Identifier 2001–NM–108–AD] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42–200, ATR42–300, and 

ATR42–320 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all 

Aerospatiale Model ATR–42–200, ATR 

42–300, and ATR42–320 airplanes. The 

existing AD currently requires 

inspections to determine the proper 

installation of rivets in certain key holes 

and to detect cracks in the area of the 

key holes where rivets are missing; and 

correction of discrepancies. The existing 

AD also requires various inspections of 

the subject area for discrepancies, and 

corrective actions if necessary; and 

replacement of certain cargo door hinges 

with new hinges. For certain airplanes, 

the existing AD also requires 

replacement of friction plates, stop 

fittings, and bolts with new parts. This 

proposed AD would require additional 

corrective actions for certain airplanes. 

This proposed AD is prompted by 

discovery of cracks around key holes on 

certain fuselage frames where rivets 

were missing. We are proposing this AD 

to prevent fatigue cracks of the cargo 

door skin, certain frames, and entry 

door stop fittings and friction plates, 

which could result in reduced structural 

integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 19, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Aerospatiale, 

316 Route de Bayonne, 31060 Toulouse, 

Cedex 03, France. 

You can examine the contents of this 

AD docket on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

22454; the directorate identifier for this 

docket is 2001–NM–108–AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–22454; Directorate Identifier 

2001–NM–108–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you can visit http:// 

dms.dot.gov. 

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

On March 9, 2000, we issued AD 

2000–05–26, amendment 39–11636 (65 

FR 15226, March 22, 2000), for all 

Aerospatiale Model ATR42–200, 

ATR42–300, and ATR42–320 airplanes. 

That AD requires inspections to 

determine the proper installation of 

rivets in certain key holes and to detect 

cracks in the area of the key holes where 

rivets are missing; and correction of 

discrepancies. The existing AD also 

requires various inspections of the 

subject area for discrepancies, and 

corrective actions if necessary; and 

replacement of certain cargo door hinges 

with new hinges. For certain airplanes, 

the existing AD also requires 

replacement of friction plates, stop 

fittings, and bolts with new parts. That 

AD was prompted by discovery of 

cracks around key holes on certain 

fuselage frames where rivets were 

missing. We issued that AD to prevent 

fatigue cracks of the cargo door skin, 

certain frames, and entry door stop 

fittings and friction plates, which could 

result in reduced structural integrity of 

the airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2000–05–26, the 

Direction Ge ́ne ́rale de l’Aviation Civile 

(DGAC), which is the airworthiness 

authority for France, notified us that an 

unsafe condition may exist on certain 

Aerospatiale Model ATR42–200, 

ATR42–300, and ATR–320 airplanes. 

The DGAC advises that installation of 

Aerospatiale Modification 3184, which 

was mandated in AD 2000–05–26, led to 

a bore over-sizing of the hinge fastener 

holes on certain airplanes. The bore 

over-sizing could lead to reduced 

Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 54857 

structural integrity of the cargo door 

attachment to the fuselage. 

Relevant Service Information 

Aerospatiale has issued Avions de 

Transport Regional Service Bulletin (SB) 

ATR42–52–0058, Revision 2, dated June 

22, 2000. The accomplishment 

instructions of Revision 2 describe 

procedures for a detailed inspection for 

cracking of the area of the frames and 

frame pick-up fittings, and procedures 

for repair if cracking is detected. The 

accomplishment instructions of 

Revision 2 also describe corrective 

actions that include inspections for 

fastener type and tolerances, hole 

diameters, cracking, and repair; as 

applicable. Additionally, Revision 2 

describes replacing the hinges of the 

cargo compartment door and fuselage 

with new improved hinges, and 

installation of new peel shims and HiLok fasteners. The DGAC mandated the 

service information and issued French 

airworthiness directive 2000–337–

079(B), dated July 26, 2000, to ensure 

the continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in France and are 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 DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGAC’s findings, evaluated all pertinent 

information, and determined that AD 

action is necessary for airplanes of this 

type design that are certificated for 

operation in the United States. 

This proposed AD would supersede 

AD 2000–05–26. This proposed AD 

would retain the requirements of the 

existing AD. This proposed AD would 

require additional corrective actions for 

certain airplanes. 

Differences Between Proposed Rule and 

Service Bulletin 

The service bulletin specifies that you 

may contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions 

using a method that we or the DGAC (or 

its delegated agent) approve. In light of 

the type of repair that would be required 

to address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this proposed AD, 

a repair we or the DGAC approve would 

be acceptable for compliance with this 

proposed AD. 

Change to Existing AD 

This proposed AD would retain all 

requirements of AD 2000–05–26. Since 

AD 2000–05–26 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 2000–05–26 Corresponding requirement in this proposed AD 

paragraph (a) ............................................................................................ paragraph (f) 

paragraph (b) ............................................................................................ paragraph (g) 

paragraph (c) ............................................................................................ paragraph (h) 

paragraph (d) ............................................................................................ paragraph (i) 

paragraph (e) ............................................................................................ paragraph (j) 

paragraph (f) ............................................................................................. paragraph (k) 

paragraph (g) ............................................................................................ paragraph (l) 

Costs of Compliance 

This proposed AD would affect about 

106 Aerospatiale Model ATR42–200, 

ATR42–300, and ATR42–320 airplanes 

of U.S. registry. 

The general visual inspection of 

fuselage frames 25 and 27 that is 

required by AD 2000–05–26 and 

retained in this proposed AD takes 

about 3 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of that currently required action is 

$195 per airplane. 

The cargo door hinge and skin 

replacement that is required by AD 

2000–05–26 and retained in this 

proposed AD takes about 250 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Required 

parts will cost approximately $9,880 per 

airplane. Based on these figures, the 

estimated cost of the currently required 

action is $26,130 per airplane. 

The general visual inspection of the 

key and tooling holes that is required by 

AD 2000–05–26 takes about 100 work 

hours per airplane, at an average rate of 

$65 per work hour. Based on these 

figures, the estimated cost of that 

currently required action is $6,500 per 

airplane. 

The eddy current and detailed visual 

inspections of the forward entry door 

stop fitting and friction plate that are 

required by AD 2000–05–26 take about 

2 work hours per airplane, at an average 

rate of $65 per work hour. Based on 

these figures, the estimated cost impact 

of this inspection required by AD 2000–

05–26 is $130 per airplane. 

The replacement of the forward entry 

door stop fitting, friction plate, and 

upper door corner that is required by 

AD 2000–05–26 takes about 50 work 

hours per airplane, at an average rate of 

$65 per work hour. The manufacturer 

has committed previously to its 

customers that it will bear the cost of 

replacement parts. As a result, the cost 

of those parts is not attributable to this 

AD. Based on these figures, the 

estimated cost of that action required by 

AD 2000–05–26 is $3,250 per airplane. 

The new proposed actions would take 

about 250 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts would cost about $9,880 

per airplane. Based on these figures, the 

estimated cost of the new actions 

specified in this proposed AD is $26,130 

per airplane. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

54858 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by 

removing amendment 39–11636 (65 FR 

15226, March 22, 2000) and adding the 

following new airworthiness directive 

(AD): 

Aerospatiale: Docket No. FAA–2005–22454; 

Directorate Identifier 2001–NM–108–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

October 19, 2005. 

Affected ADs 

(b) This AD supersedes AD 2000–05–26, 

amendment 39–11636 (65 FR 15226, March 

22, 2000). 

Applicability 

(c) This AD applies to all Aerospatiale 

Model ATR42–200, ATR42–300, and ATR–

320 airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by discovery of 

cracks around key holes on certain fuselage 

frames where rivets were missing. We are 

issuing this AD to prevent fatigue cracks of 

the cargo door skin, certain frames, and entry 

door stop fittings and friction plates, which 

could result in reduced structural integrity of 

the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of the Requirements of AD 

2000–05–26 

Frame 25 and 27 Inspection 

(f) For airplanes having serial numbers 005 

through 016 inclusive, 018 through 030 

inclusive, 032 through 036 inclusive, 038, 

040, 042, 043, 048 through 062 inclusive, 064 

through 090 inclusive, 092 through 094 

inclusive, and 096 through 228 inclusive: 

Prior to the accumulation of 36,000 total 

flight cycles, or within 180 days after April 

26, 2000, (the effective date of AD 2000–05–

26, amendment 39–11636) whichever occurs 

later, conduct a general visual inspection of 

fuselage frames 25 and 27 to verify the proper 

installation of a rivet in each of the key holes, 

in accordance with Avions de Transport 

Regional (ATR) Service Bulletin ATR42–53–

0070, Revision 2, dated March 22, 1993, or 

Revision 3, dated February 19, 1999. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Note 2: Inspection of fuselage frames 25 

and 27 accomplished prior to the effective 

date of this AD in accordance with ATR 

Service Bulletin ATR42–53–0070, dated June 

10, 1991, or Revision 1, dated June 12, 1992, 

is considered acceptable for compliance with 

the requirements of paragraph (f) of this AD. 

(1) If a rivet is installed in each of the key 

holes, no further action is required by this 

paragraph. 

(2) If a rivet is not installed in each of the 

key holes, prior to further flight, perform an 

eddy current inspection of each open key 

hole to detect cracks, in accordance with the 

service bulletin. 

(i) If no crack is found during the eddy 

current inspection, prior to further flight, 

install a rivet in the open key hole in 

accordance with the service bulletin. After 

such installation, no further action is 

required by this paragraph for that key hole. 

(ii) If any crack is found during the eddy 

current inspection, prior to further flight, 

repair the crack in accordance with a method 

approved by the Manager, International 

Branch, ANM–116, FAA, Transport Airplane 

Directorate, or the Direction Ge ́ne ́rale de 

l’Aviation Civile (DGAC) (or its delegated 

agent). For a repair method to be approved 

by the Manager, International Branch, ANM–

116, as required by this paragraph, the 

Manager’s approval letter must specifically 

reference this AD. 

Inspection and Modification of Cargo Door 

Structure 

(g) For airplanes equipped with a cargo 

compartment door on which Aerospatiale 

Modification 3191 has not been 

accomplished: Prior to the accumulation of 

27,000 total flight cycles, or within 180 days 

after April 26, 2000, whichever occurs later, 

except as provided by paragraph (h) of this 

AD, replace the hinges on the cargo 

compartment door and fuselage (including 

inspections for fastener type and tolerances, 

hole diameters, or cracking, and repair; as 

applicable) with new improved hinges, in 

accordance with paragraph 2 of the 

Accomplishment Instructions of ATR Service 

Bulletin ATR42–52–0058, Revision 1, dated 

March 1, 1995, or ATR42–52–0058, Revision 

2, dated June 22, 2000. 

(h) Where the instructions in ATR Service 

Bulletin ATR42–52–0058, Revision 1, dated 

March 1, 1995, or ATR42–52–0058, Revision 

2, dated June 22, 2000, specify that ATR is 

to be contacted for a repair, prior to further 

flight, repair in accordance with a method 

approved by the Manager, International 

Branch, ANM–116, or the DGAC (or its 

delegated agent). 

Frame Inspection 

(i) For airplanes having serial numbers 003 

through 208 inclusive: Prior to the 

accumulation of 36,000 total flight cycles, or 

within 180 days after April 26, 2000, 

whichever occurs later, conduct a general 

visual inspection of the identified fuselage 

frames for proper installation of a rivet in 

each of the tooling and key holes, in 

accordance with ATR Service Bulletin 

ATR42–53–0076, Revision 2, dated October 

15, 1996, or Revision 3, dated February 19, 

1999. 

(1) If a rivet is installed in each of the 

tooling or key holes, no further action is 

required by this paragraph. 

(2) If a rivet is not installed in each of the 

tooling and key holes, prior to further flight, 

perform a detailed inspection of each open 

tooling or key hole to detect cracks, in 

accordance with the service bulletin. 

Note 3: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 54859 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(i) If no crack is found during the detailed 

inspection required by paragraph (i)(2) of this 

AD, prior to further flight, install a rivet in 

the open hole in accordance with the service 

bulletin. 

(ii) If any crack is found during the 

inspection required by paragraph (i)(2) of this 

AD, prior to further flight, repair the crack in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, or 

the DGAC (or its delegated agent). 

Inspection and/or Replacement of Entry 

Door Structure 

(j) For Model ATR42–300 series airplanes 

having serial numbers listed in ATR Service 

Bulletin ATR42–52–0052, Revision 1, dated 

March 2, 1993: Except as provided by 

paragraph (f) of this AD, prior to the 

accumulation of 10,000 total flight cycles, or 

within 90 days after April 26, 2000, 

whichever occurs later, accomplish the 

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

this AD. 

(1) Perform an eddy current inspection of 

the forward entry door stop holes to detect 

cracking, in accordance with the service 

bulletin. If any cracking is detected, prior to 

further flight, replace any cracked forward 

entry door stop fitting with a new fitting, in 

accordance with the service bulletin. 

(2) Perform a detailed inspection of the 

forward entry door friction plates for wear, in 

accordance with the service bulletin. If wear 

is found on any friction plate, and the wear 

has a depth equal to or greater than 0.8mm 

(0.0315 in.), prior to further flight, replace the 

friction plate with a new or serviceable part 

in accordance with the service bulletin. 

(k) For Model ATR42–300 series airplanes 

listed in ATR Service Bulletin ATR42–52–

0052, Revision 1, dated March 2, 1993, 

accomplishment of the requirements of 

paragraph (l) of this AD at the time specified 

in paragraph (j) of this AD constitutes 

terminating action for the requirements of 

paragraph (j) of this AD. 

(l) For Model ATR42–300 series airplanes 

listed in ATR Service Bulletin ATR42–52–

0059, dated February 16, 1995: Prior to the 

accumulation of 18,000 total flight cycles, or 

within 180 days after April 26, 2000, 

whichever occurs later, accomplish the 

requirements of paragraphs (l)(1), (l)(2), and 

(l)(3) of this AD in accordance with the 

service bulletin. 

(1) Replace the forward entry door friction 

plates with improved friction plates. 

(2) Replace the upper corners of the 

forward entry door surround structure with 

improved door surround corners. 

(3) Replace the forward entry door stop 

fittings and bolts with improved fittings and 

bolts. 

New Requirements of This AD 

Replacing Hinges on the Cargo Compartment 

Door and Fuselage 

(m) For airplanes identified as having main 

serial numbers (MSNs) 317, 319, 321, 323, 

325, 327, 329 through 335 inclusive, 360, and 

368 that are equipped with a cargo 

compartment door on which Aerospatiale 

Modification 3191 has not been 

accomplished: Prior to the accumulation of 

27,000 total flight hours, or within 180 days 

after the effective date of this AD, whichever 

occurs later, replace the hinges on the cargo 

compartment door and fuselage (including 

inspections for fastener type and tolerances, 

hole diameters, or cracking, and repair; as 

applicable) with new improved hinges, in 

accordance with the Accomplishment 

Instructions of Avions de Transport Regional 

(ATR) Service Bulletin ATR42–52–0058, 

Revision 2, dated June 22, 2000. 

(n) Where the instructions in ATR Service 

Bulletin ATR42–52–0058, Revision 2, dated 

June 22, 2000, specify that ATR is to be 

contacted for a repair, prior to further flight, 

repair in accordance with a method approved 

by the Manager, International Branch, ANM–

116, FAA; or the DGAC (or its delegated 

agent). 

Alternative Methods of Compliance 

(AMOCs) 

(o) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(p) French airworthiness directive 2000–

337–079(B), dated July 26, 2000, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on 

September 9, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–18528 Filed 9–16–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–106030–98] 

RIN 1545–AW50 

Source of Income From Certain Space 

and Ocean Activities; Source of 

Communications Income 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking; notice of 

proposed rulemaking; and notice of 

public hearing. 

SUMMARY: This document contains 

proposed regulations under section 

863(d) governing the source of income 

from certain space and ocean activities. 

It also contains proposed regulations 

under section 863(a), (d), and (e) 

governing the source of income from 

certain communications activities. This 

document also contains proposed 

regulations under section 863(a) and (b), 

amending the regulations in § 1.863–3 to 

conform those regulations to these 

proposed regulations. This document 

affects persons who derive income from 

activities conducted in space, or on or 

under water not within the jurisdiction 

of a foreign country, possession of the 

United States, or the United States (in 

international water). This document 

also affects persons who derive income 

from transmission of communications. 

In addition, this document provides 

notice of a public hearing on these 

proposed regulations and withdraws the 

notice of proposed rulemaking (66 FR 

3903) published in the Federal Register 

on January 17, 2001. 

DATES: Written or electronic comments 

must be received by November 23, 2005. 

Outlines of topics to be discussed at the 

public hearing scheduled for December 

15, 2005, at 10 a.m., must be received 

by November 23, 2005. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–106030–98), room 

5203, Internal Revenue Service, POB 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to: CC:PA:LPD:PR (REG–106030–98), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically, via either the IRS Internet 

site at http://www.irs.gov/regs or the 

Federal eRulemaking Portal at http:// 

www.regulations.gov (IRS–REG–

106030–98). The public hearing will be 

held in the Auditorium, Internal 

Revenue Building, 1111 Constitution 

Avenue, NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, Edward R. 

Barret, (202) 622–3880; concerning 

submissions of comments, the hearing, 

and/or to be placed on the building 

access list to attend the hearing, Cynthia 

Grigsby, (202) 622–7180 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collections of information 

contained in this notice of proposed 

rulemaking have been reviewed and 

approved by the Office of Management 

and Budget (OMB) in accordance with 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) under control 

number 1545–1718. 

The collection of information in these 

proposed regulations is in §§ 1.863–8(g) 

and 1.863–9(g). This information is 

required by the IRS to monitor