12740 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

module required by this AD will prevent

contamination of the switch. Therefore,

it eliminates the potential for the

circumstances prompting the unsafe

condition from developing, and does

not impose additional restrictions or

cleaning requirements.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 1,159 Boeing

Model 737–300, –400, and –500 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

537 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 3 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $1,063 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $667,491, or $1,243 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the 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 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, Incorporation by reference,

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–06–09 Boeing: Amendment 39–9966.

Docket 96–NM–67–AD.

Applicability: Model 737–300, –400, and

–500 series airplanes; as listed in Boeing

Alert Service Bulletin 737–27A1198, dated

June 6, 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

otherwise 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 sticking conditions in the

rudder trim switch, which could result in

uncommanded movement of the rudder and

consequent deviation of the airplane from its

set course, accomplish the following:

(a) Within 2 years after the effective date

of this AD, replace the aileron/rudder trim

control module P8–43 having part number

(P/N) 69–73703–5 or 69–73703–6 with a new

aileron/rudder trim control module having P/

N 69–73703–8, in accordance with Boeing

Alert Service Bulletin 737–27A1198, dated

June 6, 1996.

(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, Seattle

Aircraft Certification Office (ACO), 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, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(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) The replacement shall be done in

accordance with Boeing Alert Service

Bulletin 737–27A1198, dated June 6, 1996.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

April 21, 1997.

Issued in Renton, Washington, on March

10, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–6541 Filed 3–17–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–26–AD; Amendment

39–9969; AD 97–06–12]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model BAe 146 and Avro

146–RJ Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

two existing airworthiness directives

(AD), applicable to British Aerospace

Model BAe 146 and Avro 146–RJ series

airplanes, that currently require

inspections to detect cracking of the

upper main fitting of the nose landing

gear (NLG), and replacement or repair of

cracked parts, if necessary. Those

actions were prompted by reports of

cracking in the main fittings of the NLG.

This amendment requires that, for

certain airplanes, the inspections be

accomplished at reduced intervals. This

amendment is prompted by the results

of new analyses of the cracking that

were conducted by the manufacturer of

the NLG. The actions specified by this

AD are intended to prevent failure of the

main fitting, which could lead to

collapse of the NLG during landing.

DATES: Effective April 21, 1997.
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12741

The incorporation by reference of

British Aerospace Service Bulletin S.B.

32–131, Revision 3, dated October 18,

1995, as listed in the regulations, is

approved by the Director of the Federal

Register as of April 21, 1997.

The incorporation by reference of

British Aerospace Service Bulletin S.B.

32–131, Revision 2, dated July 10, 1993,

as listed in the regulations, was

approved previously by the Director of

the Federal Register as of April 6, 1995

(60 FR 12413, March 7, 1995).

The incorporation by reference of

British Aerospace Service Bulletin S.B.

32–131, Revision 1, dated November 12,

1992, as listed in the regulations, was

approved previously by the Director of

the Federal Register as of October 7,

1993 (58 FR 47036, September 7, 1993).

The incorporation by reference of

British Aerospace Service Bulletin S.B.

32–131, dated December 6, 1991, as

listed in the regulations, was approved

previously by the Director of the Federal

Register as of January 12, 1993 (57 FR

57883, December 8, 1992).

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace Holding, Inc.,

Avro International Aerospace Division,

P.O. Box 16039, Dulles International

Airport, Washington DC 20041–6039.

This information may be examined at

the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–17–04,

amendment 39–8674 (58 FR 47036,

September 7, 1993), and AD 95–04–06,

amendment 39–9158 (60 FR 12413,

March 7, 1995), which are applicable to

British Aerospace Model BAe 146 and

Avro 146–RJ series airplanes, was

published in the Federal Register on

October 18, 1996 (61 FR 54366). The

action proposed to supersede AD 93–

17–04 and AD 95–04–06 to continue to

require either eddy current or ultra high

sensitivity penetrant inspections to

detect cracking of the upper main fitting

of the nose landing gear (NLG), and

replacement or repair of cracked parts,

if necessary. It also proposed to require

that inspections of certain airplanes

equipped with specific NLG’s be

conducted at reduced intervals.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 52 Model

BAe 146 and Model Avro 146–RJ series

airplanes of U.S. registry that will be

affected by this proposed AD.

The inspections that are currently

required by AD 93–17–04 and AD 95–

04–06, and retained in this proposal,

take approximately 3 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

previously required actions on U.S.

operators is estimated to be $9,360, or

$180 per airplane, per inspection cycle.

Although this amendment adds no

new actions, the associated costs for

some operators will increase somewhat

since certain inspections will be

required to be performed more

frequently.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the 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 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, Incorporation by reference,

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–8674 (58 FR

47036, September 7, 1993) and

amendment 39–9158 (60 FR 12413,

March 7, 1995), by adding a new

airworthiness directive (AD),

amendment 39–9969, to read as follows:

97–06–12 British Aerospace Regional

Aircraft Limited, Avro International:

Amendment 39–9969. Docket 96–NM–26–

AD. Supersedes AD 93–17–04, amendment

39–8674; and AD 95–04–06, amendment 39–

9158.

Applicability: Model BAe 146 and Avro

146–RJ series 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 (f) 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 failure of the main fitting,

which could lead to collapse of the nose

landing gear (NLG) during landing,

accomplish the following:

Restatement of Continuing Requirements

(a) For Model BAe 146 series airplanes on

which NLG part number 200876002,

200876004, or 201138002 has been installed:

(1) Prior to the accumulation of 16,000

total landings or within 30 days after October
12742 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

7, 1993 (the effective date of AD 93–17–04,

Amendment 39–8674), whichever occurs

later, conduct an eddy current or ultra

sensitivity penetrant inspection of the NLG,

in accordance with British Aerospace Service

Bulletin S.B. 32–131, dated December 6,

1991; Revision 1, dated November 12, 1992;

Revision 2, dated July 10, 1993; or Revision

3, dated October 18, 1995. Repeat the

inspection thereafter at intervals not to

exceed 8,000 landings.

(2) If cracking is detected during any

inspection required by this paragraph, prior

to further flight, replace the currently

installed NLG with a new or serviceable unit,

or repair the crack, in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. After

replacement or repair, repeat the inspection

at intervals not to exceed 8,000 landings.

(b) For Model Avro 146–RJ series airplanes

on which NLG part number 200876002,

200876004, or 201138002 has been installed:

(1) Prior to the accumulation of 16,000

total landings or within 30 days after April

6, 1995 (the effective date of AD 95–04–06,

Amendment 39–9158), whichever occurs

later, conduct an eddy current or ultra

sensitivity penetrant inspection of the NLG,

in accordance with British Aerospace Service

Bulletin S.B. 32–131, dated December 6,

1991; Revision 1, dated November 12, 1992;

Revision 2, dated July 10, 1993; or Revision

3, dated October 18, 1995. Repeat the

inspection thereafter at intervals not to

exceed 8,000 landings.

(2) If cracking is detected during any

inspection required by this paragraph, prior

to further flight, replace the currently

installed NLG with a new or serviceable unit,

or repair the crack, in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. After

replacement or repair, repeat the inspection

at intervals not to exceed 8,000 landings.

(c) For Model BAe 146 series airplanes on

which NLG part number 200876001 or

200876003 has been installed:

(1) Prior to the accumulation of 4,000 total

landings or within 30 days after October 7,

1993 (the effective date of AD 93–17–04,

Amendment 39–8674), whichever occurs

later, conduct an eddy current or ultra high

sensitivity penetrant inspection of the NLG,

in accordance with British Aerospace Service

Bulletin S.B. 32–131, dated December 6,

1991; Revision 1, dated November 12, 1992;

Revision 2, dated July 10, 1993; or Revision

3, dated October 18, 1995. Repeat the

inspection thereafter at intervals not to

exceed 4,000 landings until the inspection

required by paragraph (e) of this AD is

accomplished.

(2) If cracking is detected during any

inspection required by this paragraph, prior

to further flight, replace the currently

installed NLG with a new or serviceable unit,

or repair the crack, in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. After

replacement or repair, repeat the inspection

at intervals not to exceed 4,000 landings until

the inspection required by paragraph (e) of

this AD is accomplished.

(d) For Model Avro 146–RJ series airplanes

on which NLG part number 200876001 or

200876003 has been installed:

(1) Prior to the accumulation of 4,000 total

landings or within 30 days after April 6, 1995

(the effective date of AD 95–04–06,

Amendment 39–9158), whichever occurs

later, conduct an eddy current or ultra high

sensitivity penetrant inspection of the NLG,

in accordance with British Aerospace Service

Bulletin S.B. 32–131, dated December 6,

1991; Revision 1, dated November 12, 1992;

Revision 2, dated July 10, 1993; or Revision

3, dated October 18, 1995. Repeat the

inspection thereafter at intervals not to

exceed 4,000 landings until the inspection

required by paragraph (e) of this AD is

accomplished.

(2) If cracking is detected during any

inspection required by this paragraph,

prior to further flight, replace the

currently installed NLG with a new or

serviceable unit, or repair the crack, in

accordance with a method approved by

the Manager, Standardization Branch,

ANM–113, FAA, Transport Airplane

Directorate. After replacement or repair,

repeat the inspection at intervals not to

exceed 4,000 landings until the

inspection required by paragraph (e) of

this AD is accomplished.

New Requirements

(e) For Model BAe 146 and Avro 146–RJ

series airplanes on which NLG part number

200876001 or 200876003 has been installed:

Within 2,000 landings from the immediately

preceding inspection conducted in

accordance with paragraph (c) or (d) of this

AD, or within 3 months after the effective

date of this AD, whichever occurs later,

accomplish the following:

(1) Conduct an eddy current or ultra high

sensitivity penetrant inspection of the NLG,

in accordance with British Aerospace Service

Bulletin S.B. 32–131, Revision 3, dated

October 18, 1995. Repeat the inspection

thereafter at intervals not to exceed 2,000

landings. Accomplishment of this inspection

terminates the requirements of paragraph (c)

and (d) of this AD.

Note 2: The British Aerospace service

bulletin references a Messier-Dowty Service

Bulletin 145–32–109, Revision 2, dated

August 2, 1995, as an additional source of

service information.

(2) If cracking is detected during any

inspection required by this paragraph, prior

to further flight, replace the currently

installed NLG with a new or serviceable unit,

or repair the crack, in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113. After

replacement or repair, repeat the inspection

at intervals not to exceed 2,000 landings.

(f) 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, Manager,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(g) 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.

(h) The inspections shall be done in

accordance with the following British

Aerospace service bulletins:

Service bulletin number Revision level Date

S.B. 32–131 ............................................................. (Original) .................................................................. December 6, 1991.

S.B. 32–131 ............................................................. Revision 1 ................................................................ November 12, 1992.

S.B. 32–131 ............................................................. Revision 2 ................................................................ July 10, 1993.

S.B. 32–131 ............................................................. Revision 3 ................................................................ October 18, 1995.

The incorporation by reference (IBR) of certain of these service bulletins was approved previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as follows:

Service bulletin number/revision IBR approval date Federal Register citation

S.B. 32–131, (original) ............................................. January 12, 1993 ..................................................... (57 FR 57883, December 8, 1992).

S.B. 32–131, Revision 1 .......................................... October 7, 1993 ....................................................... (58 FR 47036, September 7, 1993).

S.B. 32–131, Revision 2 .......................................... April 6, 1995 ............................................................ (60 FR 12413, March 7, 1995).

The incorporation by reference of British Aerospace Service Bulletin S.B. 32–131, Revision 3, dated October 18, 1995, is approved

by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of any of these service bulletins
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12743

may be obtained from British Aerospace Holding, Inc., Avro International Aerospace Division, P.O. Box 16039, Dulles International

Airport, Washington DC 20041–6039. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

(i) This amendment becomes effective on

April 21, 1997.

Issued in Renton, Washington, on March

11, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–6717 Filed 3–17–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Docket No. 96–ACE–22]

Amendment to Class E Airspace,

Alliance, NE

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: The direct final rule,

published on January 14, 1997, amends

the Class E airspace area at Alliance

Municipal Airport, Alliance, NE. The

Federal Aviation Administration has

developed a Standard Instrument

Approach Procedure (SIAP) based on

the Global Positioning System. The

effect of the direct final rule is to

provide additional controlled airspace

for aircraft departing Alliance

Municipal Airport.

EFFECTIVE DATE: May 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Operations Branch, ACE–530C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, MO 64106,

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

published the direct final rule with a

request for comments in the Federal

Register on January 14, 1997 (62 FR

1828). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

as adverse comment, was received

within the comment period, the

regulation would become effective on

May 22, 1997. No adverse comments

were received, and thus this document

confirms that this final rule will become

effective on that date.

Issued in Kansas City, MO, on February 26,

1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–6399 Filed 3–17–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Docket No. 96–ACE–24]

Amendment to Class E Airspace,

Sidney, NE

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: The direct final rule,

published on January 14, 1997, amends

the Class E airspace area at Sidney

Municipal Airport, Sidney, NE. The

Federal Aviation Administration has

developed a Standard Instrument

Approach Procedure (SIAP) based on

the Global Positioning System. The

effect of the direct final rule is to

provide additional controlled airspace

for aircraft departing Sidney Municipal

Airport.

EFFECTIVE DATE: May 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Operations Branch, ACE–530C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, MO 64106,

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

published the direct final rule with a

request for comments in the Federal

Register on January 14, 1997 (62 FR

1827). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, was received

within the comment period, the

regulation would become effective on

May 22, 1997. No adverse comments

were received, and thus this document

confirms that this final rule will become

effective on that date.

Issued in Kansas City, MO, on February 26,

1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–6398 Filed 3–17–97; 8:45 am]

BILLING CODE 4910–13–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 210 and 240

[Release No. 34–38387; IC–22553; FR–49;

File No. S7–20–96]

RIN 3235–AG70

Implementation of Section 10A of the

Securities Exchange Act of 1934

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission (‘‘Commission’’ or ‘‘SEC’’)

is adopting revisions to its rules to

implement the reporting requirements

in section 10A of the Securities

Exchange Act of 1934 (the ‘‘Exchange

Act’’). Section 10A requires, among

other things, that the auditor of an

issuer’s financial statements report to

the issuer’s board of directors certain

uncorrected illegal acts of the issuer,

and that the issuer notify the

Commission that it has received such a

report. If the issuer fails to provide that

notice, the auditor is required by section

10A to furnish directly to the

Commission the report given to the

Board. The amendments to the

Commission’s Exchange Act Rules

implement those reporting

requirements. The Commission also is

adopting revisions to Regulation S–X to

conform the definition of ‘‘audit’’ in that

regulation with the wording in section

10A.

EFFECTIVE DATE: The rule revisions are

effective April 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert E. Burns or W. Scott Bayless, at

(202) 942–4400, Office of the Chief

Accountant, Mail Stop 11–3, or

Kathleen Clarke, at (202) 942–0724,

Division of Investment Management,

Mail Stop 10–6, Securities and

Exchange Commission, 450 Fifth Street,

NW., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: The

Commission is adopting amendments to

its Exchange Act Rules, 17 CFR 240, by

adding Rule 10A–1, and Regulation S–

X, 17 CFR 210, by revising Rule 1–02.