11320 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

14 CFR Part 39

[Docket No. 94–SW–25–AD; Amendment

39–9960; AD 97–06–03]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron, Inc. (BHTI) Model

214ST Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Bell Helicopter Textron,

Inc. (BHTI) Model 214ST helicopters,

that currently establishes a mandatory

retirement life of 50,000 high-power

events for the main rotor mast (mast).

This amendment requires changing the

retirement life for the mast from highpower events to a maximum

accumulated Retirement Index Number

(RIN) of 140,000 and applying this RIN

to an additional part-numbered mast.

This amendment is prompted by fatigue

analyses and tests that show certain

masts fail sooner than originally

anticipated because of an unanticipated

high number of takeoffs and external

load lifts in addition to the deterioration

in strength that occurs under other

operating conditions. The actions

specified by this AD are intended to

prevent fatigue failure of the mast,

which could result in failure of the main

rotor system and subsequent loss of

control of the helicopter.

EFFECTIVE DATE: April 16, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Uday Garadi, Aerospace Engineer, FAA,

Rotorcraft Certification Office,

Rotorcraft Directorate, Fort Worth,

Texas 76193–0170, telephone (817)

222–5157, fax (817) 222–5959.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 94–15–04,

Amendment 39–8975 (59 FR 37155, July

21, 1994), which is applicable to BHTI

Model 214ST helicopters, was

published in the Federal Register on

November 14, 1996 (61 FR 58356). That

action proposed to require creation of a

component history card or equivalent

record on which to record RIN counts,

and to establish a retirement life of a

maximum accumulated RIN for the mast

of 140,000.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed.

The FAA estimates that nine

helicopters of U.S. registry will be

affected by this AD, that it will take

approximately (1) 48 work hours per

helicopter to replace the mast; (2) 2

work hours per helicopter to create the

component history card or equivalent

record (record); and (3) 10 work hours

per helicopter to maintain the record

each year, and that the average labor

rate is $60 per work hour. Required

parts will cost approximately $17,267

per mast. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be $36,700

for the first year and $35,800 for each

subsequent year. These costs assume

replacement of the mast in one-sixth of

the fleet each year, creation and

maintenance of the records for all the

fleet the first year, and creation of onesixth of the fleet’s records and

maintenance of the records for all the

fleet each subsequent year.

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–8975 (59 FR

37155), and by adding a new

airworthiness directive (AD),

Amendment 39–9960, to read as

follows:

AD 97–06–03 Bell Helicopter Textron, Inc.

(BHTI): Amendment 39–9960. Docket

No. 94–SW–25–AD. Supersedes AD 94–

15–04, Amendment 39–8975.

Applicability: Model 214ST helicopter

with main rotor mast (mast), part number (P/

N) 214–040–090–109 or P/N 214–040–090–

121, installed, certificated in any category.

Note 1: This AD applies to each helicopter

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

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (e) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within 25 hours

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

of this AD, unless accomplished previously.

To prevent fatigue failure of the mast,

which could result in failure of the main

rotor system and subsequent loss of control

of the helicopter, accomplish the following:

(a) Create a component history card or an

equivalent record for the affected mast.

(b) Determine and record the accumulated

Retirement Index Number (RIN) to date on

the mast as follows:

(1) For operators with mast, P/N 214–040–

090–109, multiply the takeoffs and external

load lifts (high-power events) total to date by

2.8 (round up the result to the next whole

number).

(2) For operators with mast, P/N 214–040–

090–121, multiply the factored flight hour

total to date by 14 (round up the result to the

next whole number).

(3) Record on the component history card

the accumulated RIN.

Note 2: BHTI Alert Service Bulletin (ASB)

No. 214ST–94–67, dated November 7, 1994,

pertains to this subject.

(c) After complying with paragraphs (a)

and (b) of this AD, during each operation

thereafter, maintain a count of the number

and type of external load lifts and the
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11321

1 17 CFR 242.100.

2 17 CFR 242.104.

3 17 CFR 240.10b–18.

4 15 U.S.C. 78a et seq.

5 17 CFR 240.13e–4.

6 17 CFR 228.508.

7 17 CFR 229.508.

8 17 CFR 239.37.

9 17 CFR 239.38.

10 17 CFR 239.39.

11 17 CFR 239.40.

12 15 U.S.C. 77a et seq.

13Securities Exchange Act Release No. 38067

(December 20, 1996), 62 FR 520.

14 17 CFR 242.104(h).

15Securities Exchange Act Release No. 37094

(April 11, 1996), 61 FR 17108.

16See Adopting Release, 62 FR at 525; Proposing

Release, 61 FR at 17113.

17Adopting Release, 62 FR at 545.

18Adopting Release, 62 FR at 533; Proposing

Release, 61 FR at 17121.

number of takeoffs performed, and at the end

of each day’s operations, increase the

accumulated RIN on the component history

card as follows:

(1) Increase the RIN by 2 for each takeoff.

(2) Increase the RIN by 2 for each external

load lift operation; or, increase the RIN by 4

for each external load lift operation in which

the load is picked up at a higher elevation

and released at a lower elevation, and the

difference in elevation between the pickup

point and the release point is 200 feet or

greater.

(d) Remove the mast, P/N 214–040–090–

109 or -121, from service on or before

attaining an accumulated RIN of 140,000.

The mast is no longer retired based upon

flight hours. This AD revises the

Airworthiness Limitations Section of the

maintenance manual by establishing a new

retirement life for the mast of 140,000 RIN.

(e) 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, Rotorcraft

Certification Office, FAA, Rotorcraft

Directorate. Operators shall submit their

requests through an FAA Principal

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Rotorcraft Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(f) 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 helicopter

to a location where the requirements of this

AD can be accomplished.

(g) This amendment becomes effective on

April 16, 1997.

Issued in Fort Worth, Texas, on February

26, 1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–6089 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–13–U

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 228, 229, 239, 240, and

242

[Release Nos. 33–7400; 34–38363; IC–

22540; International Series Release No.

1061; File No. S7–11–96]

RIN 3235–AF54

Anti-Manipulation Rules Concerning

Securities Offerings; Corrections

AGENCY: Securities and Exchange

Commission.

ACTION: Corrections to final regulations.

SUMMARY: This document contains

technical amendments to correct the

final rules for Regulation M and related

amendments published in the Federal

Register on January 3, 1997 (62 FR 520).

In addition, the market notification

requirement of § 242.104(h) (1) and (2)

is postponed until April 1, 1997.

DATES: The second sentence of the

Effective Date for the rule published at

62 FR 520 is corrected to read as

follows: ‘‘The requirements of

§ 242.104(h) (1) and (2) and § 242.104(i)

and the amendments to § 240.17a–2 are

effective on April 1, 1997.’’

The corrections published in this

document are effective March 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Sanow, M. Blair Corkran, or

Alan J. Reed in the Office of Risk

Management and Control, Division of

Market Regulation, Securities and

Exchange Commission, 450 Fifth Street,

N.W., Mail Stop 5–1, Washington, D.C.

20549, at 202–942–0772.

SUPPLEMENTARY INFORMATION: The

Commission is announcing technical

amendments to Rule 100 1 under

Regulation M, Rule 104 2 under

Regulation M, Rule 10b–18 3 under the

Securities Exchange Act of 1934

(‘‘Exchange Act’’),4 Rule 13e–4 5 under

the Exchange Act, Item 508 under

Regulation S–B,6 Item 508 under

Regulation S–K,7 and Forms F–7,8 F–8,9

F–9,10 and F–10 11 under the Securities

Act of 1933 (‘‘Securities Act’’).12 These

amendments correct drafting errors in

the rule text published in the release

adopting Regulation M (‘‘Adopting

Release’’).13 The Commission also is

announcing that the market notice

requirements of Rule 104(h) 14 will be

effective on April 1, 1997.

I. Technical Amendments to Definitions

in Rule 100

A. Business Day

In both the Adopting Release and the

release proposing Regulation M

(‘‘Proposing Release’’),15 the

Commission stated that it intended

Regulation M to require restricted

periods commencing either one or five

business days prior to the day of

pricing.16 The Proposing Release

defined ‘‘business day’’ as ‘‘a twentyfour hour period determined with

reference to the principal market for the

securities to be distributed, and that

includes a complete trading session for

that market.’’ 17

The Commission adopted the

definition of business day with a minor

change: the business day was to

commence at midnight and run 24

hours. This revision was intended to

make the definition applicable to Rule

104, as well as Rules 101 and 102. Since

publication of the Adopting Release, it

has become apparent that the definition

of business day as adopted had the

potential effect of extending the

restricted periods beyond the one or five

days intended, where offerings are

priced after the close of the principal

market. This result, which would occur

if the calculation of business day

commenced at midnight, was not

intended by the Commission.

Therefore, the definition of business

day is amended by revising it to parallel

the definition set forth in the Proposing

Release. This correction eliminates the

requirement that the 24 hour period

begin at midnight.

B. Agent Independent of the Issuer

The text of the Adopting Release and

the Proposing Release both indicated

that a plan agent would not be deemed

independent from the issuer where the

issuer changed the source of shares to be

distributed through the plan more

frequently than once every three

months. 18 However, the definition of

‘‘agent independent of the issuer’’ in

Rule 100 under Regulation M, as

adopted, did not expressly include this

limitation. This result was not intended

by the Commission.

Accordingly, the definition is

amended by adding the phrase ‘‘the

source of the shares for the plan’’ to the

proviso in paragraph (2). This

amendment clarifies that an agent will

not be deemed independent if the issuer

changes the source of shares to fund the

plan more often than once every three

months.

II. Other Technical Amendments

A. Rule 102

Paragraph (b)(7)(ii) of Rule 102

incorrectly refers to paragraph (b)(6)(i)

rather than to paragraph (b)(7)(i). The

amendment corrects this error.