7152 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations

Construction-Project Direction, Inspection,

Testing and Contract Closeout.

[End of clause]

Dated: February 10, 1997.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 97–3921 Filed 2–14–97; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–48–AD; Amendment 39–

9935; AD 97–04–11]

RIN 2120–AA64

Airworthiness Directives; Air Tractor,

Inc. Models AT–802 and AT–802A

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Air Tractor, Inc. (Air

Tractor) Models AT–802 and AT–802A

airplanes. This action requires revising

the Airworthiness Limitations section of

the applicable maintenance manual to

change the life limit of the tail landing

gear spring. This action results from

analysis of the life limits of both the tail

landing gear and main landing gear after

a fatigue failure of the main landing gear

on one of the affected airplanes. This

analysis revealed that the life limit of

the tail landing gear spring should be

3,000 hours time-in-service (TIS)

instead of 3,500 hours TIS to be

consistent with the main landing gear

spring. The actions specified by this AD

are intended to prevent fatigue failure of

a tail landing gear spring before the life

limit of the part is achieved, which

could result in loss of control of the

airplane.

EFFECTIVE DATE: April 4, 1997.

ADDRESSES: Service information that

applies to this AD may be obtained from

Air Tractor Inc., P. O. Box 485, Olney,

Texas 76374; telephone (817) 564–5616;

facsimile (817) 564–2348. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket 96–CE–48–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., Suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Bob

May, Aerospace Engineer, FAA,

Airplane Certification Office, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone (817) 222–5155;

facsimile (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Air Tractor Models AT–802

and AT–802A airplanes was published

in the Federal Register as a notice of

proposed rulemaking (NPRM) on

October 18, 1996 (61 FR 54370). The

action proposed to require revising the

Airworthiness Limitations section of the

applicable maintenance manual to

change the life limit of the tail landing

gear spring. The proposed action as

specified in the NPRM would be

accomplished by incorporating the

revision (dated May 24, 1996) to Section

6, Airworthiness Limitations, of the Air

Tractor AT 802/802A Maintenance

Manual.

The NPRM resulted from analysis of

the life limits of both the tail landing

gear and main landing gear after a

fatigue failure of the main landing gear

on one of the affected airplanes. This

analysis revealed that the life limit of

the tail landing gear spring should be

3,000 hours time-in-service (TIS)

instead of 3,500 hours TIS to be

consistent with the main landing gear

spring.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 37 airplanes

in the U.S. registry will be affected by

this AD. An owner/operator of one of

the affected airplanes holding at least a

private pilot certificate is allowed to

incorporate the manual revision as

authorized by § 43.7 of the Federal

Aviation Regulations (14 CFR 43.7).

However, the change in the life limit

would require owners/operators of the

affected airplanes to have the tail

landing gear spring replaced every 3,000

hours TIS instead of every 3,500 hours

TIS. The owners/operators of the

affected airplanes will be required to

have this part replaced 500 hours TIS

sooner than already required. The FAA

has no way of determining the total

hours TIS each owner/operator would

accumulate over the life of the affected

airplanes and, therefore, cannot

calculate the number of additional tail

landing gear springs each owner/

operator would need to have replaced.

Regulatory Impact

The regulations adopted herein will

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 final rule does

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)

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 final

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.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends 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 USC 106(g), 40113, 44701.
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations 7153

1 15 U.S.C. 78o–5.

2 15 U.S.C. 78o–5(a)(1)(B).

3See 12 CFR Part 12 for national banks, which are

regulated by the Office of the Comptroller of the

Currency (‘‘OCC’’); 12 CFR Part 208 for state

member banks of the Federal Reserve System,

which are regulated by the Board of Governors of

the Federal Reserve System (‘‘Board’’); and 12 CFR

Part 344 for state banks that are not members of the

Federal Reserve System, which are regulated by the

Federal Deposit Insurance Corporation (‘‘FDIC’’).

4 17 CFR 240.17a–3.

5 52 FR 5675 (February 25, 1987).

6 In addition to complying with the recordkeeping

rules of its ARA, a bank broker-dealer is required

to maintain, among other things, records pertaining

to securities positions (17 CFR 404.4(a)(3)(i)(A)).

7See 12 CFR 12.7(a); 12 CFR 208.8(k)(6)(i); and

12 CFR 344.7(a).

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–04–11 Air Tractor, Inc.: Amendment

39–9935; Docket No. 96–CE–48–AD.

Applicability: Models AT–802 and AT–

802A airplanes (serial numbers 0001 through

0038), 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 (d) 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 100

hours time-in-service after the effective date

of this AD, unless already accomplished.

To prevent fatigue failure of a tail landing

gear spring before the life limit of the part is

achieved, which could result in loss of

control of the airplane, accomplish the

following:

(a) Incorporate the revision (dated May 24,

1996) to Section 6, Airworthiness

Limitations, of the Air Tractor AT 802/802A

Maintenance Manual.

(b) Incorporating the maintenance manual

revision as required by paragraph (a) of this

AD may be performed by the airplane owner/

operator holding at least a private pilot

certificate as authorized by section 43.7 of

the Federal Aviation Regulations (14 CFR

43.7), and must be entered into the aircraft

records showing compliance with this AD in

accordance with section 43.11 of the Federal

Aviation Regulations (14 CFR 43.11).

(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.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, FAA, Airplane

Certification Office (ACO), 2601 Meacham

Boulevard, Fort Worth, Texas 76193–0150.

The request shall be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Fort Worth ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Fort Worth ACO.

(e) All persons affected by this directive

may obtain copies of the maintenance

manual revision referred to herein upon

request to Air Tractor Inc., P. O. Box 485,

Olney, Texas 76374; or may examine this

information at the FAA, Central Region,

Office of the Assistant Chief Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

(f) This amendment (39–9935) becomes

effective on April 4, 1997.

Issued in Kansas City, Missouri, on

February 10, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–3839 Filed 2–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Office of the Under Secretary for

Domestic Finance

17 CFR Part 404

Government Securities Act

Regulations: Recordkeeping

AGENCY: Office of the Under Secretary

for Domestic Finance, Treasury.

ACTION: Final Rule.

SUMMARY: The Department of the

Treasury (‘‘Department’’) is issuing in

final form an amendment to the

recordkeeping rules in § 404.4 of the

regulations issued under the

Government Securities Act of 1986

(‘‘GSA’’). 17 CFR 404.4 of the GSA

regulations requires financial

institutions that are government

securities brokers or dealers to make

and preserve records. Specifically, the

Department is amending § 404.4(a)(1) to

clarify the applicability of the federal

bank regulatory agencies’ rules, as

adopted by the GSA rules, to financial

institutions and to conform with current

recordkeeping rule revisions being

undertaken by the federal bank

regulatory agencies.

EFFECTIVE DATE: This amendment is

effective April 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Kerry Lanham or Kurt Eidemiller,

Government Securities Regulations

Staff, Bureau of the Public Debt,

Department of the Treasury, at (202)

219–3632.

SUPPLEMENTARY INFORMATION:

I. Background

The Government Securities Act of

1986 (‘‘GSA’’), as amended 1 requires,

among other things, that a financial

institution that is a government

securities broker or dealer notify its

appropriate regulatory agency (‘‘ARA’’)

of its status as such, thereby providing

for the regulation of its government

securities business.2 In 1987, when the

Department developed the GSA

regulations affecting financial

institutions that are required to file

notice as government securities brokers

or dealers (‘‘bank broker-dealers’’), it

decided to adopt the existing

recordkeeping regulations of the federal

bank regulatory agencies.3 These rules

are similar to the Securities and

Exchange Commission’s recordkeeping

requirements in Rule 17a–3.4

The reason for relying on existing

bank regulations was that those

financial institutions effecting

government securities broker-dealer

transactions were already subject to a

system of federal regulation and

supervision, which explicitly included

recordkeeping requirements relating to

securities activities. Requiring those

institutions to follow another set of

recordkeeping requirements was viewed

as unduly burdensome and did not

promote the purposes of the GSA.5

Section 404.4 of the GSA regulations

provides that, for bank broker-dealers,

compliance with the recordkeeping

rules of the bank ARAs, together with

additional GSA recordkeeping

provisions,6 constitutes compliance

with the GSA recordkeeping rules.

However, the respective ARAs’

regulations provide for certain

exemptions from, or exceptions to, most

of their recordkeeping rules based on a

stated transaction threshold.

Specifically, the ARAs’ regulations

exempt banks from most of the

respective recordkeeping requirements

if the bank transacts a de minimis

annual average number of transactions.

The regulations state, with minor

variations, the following: ‘‘The

requirements * * * shall not apply to

banks having an average of less than 200

securities transactions per year for

customers over the prior three calendar

year period, exclusive of transactions in

U.S. government and federal agency

obligations.’’ 7 The ARAs have

interpreted this exemption as excluding

government securities transactions,

meaning that government securities

transactions are not included in the