29094 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations

1The MSRB rules may be obtained by contacting

the Municipal Securities Rulemaking Board at 1150

18th Street, NW, Suite 400, Washington, DC 20036–

3816.

municipal securities principal is

obligated pursuant to Rule G–7 to

submit the amended information to the

OCC in order to ensure that the

individuals are properly registered.

Accordingly, the final rule removes

current § 10.4(b).

Current § 10.4(c) requires national

bank MSDs to file Form MSD–5 within

30 days of terminating a person’s

association with the bank as a

municipal securities representative or

principal. This requirement does not

appear in Rule G–7. In order to facilitate

the effective supervision of MSD

activity by national banks, the final rule

retains the requirement, at § 10.2(b), that

a termination notice be submitted.

Finally, current § 10.4(d)(1) restates

record retention requirements found in

Rule G–7(e), while § 10.4(d)(2) states

that the MSD–4 and MSD–5 forms are

covered by section 32(a) of the Exchange

Act (15 U.S.C. 78ff). These provisions in

current § 10.4 are unnecessary and are,

therefore, removed.

Regulatory Flexibility Act

The OCC hereby certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities. Accordingly, a regulatory

flexibility analysis is not required.

As noted earlier, the OCC has only

eliminated unnecessary provisions that

appear in the current rule. This rule

will, therefore, reduce the regulatory

burden on national banks, regardless of

size. No new burden is added by the

changes.

Executive Order 12866

The OCC has determined that this

final rule is not a significant regulatory

action under Executive Order 12866.

Unfunded Mandates Act of 1995

The OCC has determined that the

final rule will not result in expenditures

by State, local, and tribal governments,

or by the private sector, of more than

$100 million in any one year.

Accordingly, the OCC has not prepared

a budgetary impact statement or

specifically addressed the regulatory

alternatives considered as would

otherwise be required by the Unfunded

Mandates Act of 1995.

List of Subjects in 12 CFR Part 10

National banks, Reporting and

recordkeeping requirements, Securities.

Authority and Issuance

For the reasons set out in the

preamble, the OCC revises part 10 of

chapter I of title 12 of the Code of

Federal Regulations as set forth below:

PART 10—MUNICIPAL SECURITIES

DEALERS

Sec.

10.1 Scope.

10.2 Filing requirements.

Authority: 5 U.S.C. 93a, 481, and 1818; 15

U.S.C. 78o–4(c)(5) and 78q–78w.

§ 10.1 Scope.

This part applies to:

(a) Any national bank, District bank,

and separately identifiable department

or division of either (collectively, a

national bank) that acts as a municipal

securities dealer, as that term is defined

in section 3(a)(30) of the Securities

Exchange Act of 1934 (15 U.S.C.

78c(a)(30)); and

(b) Any person who is associated or

to be associated with a national bank in

the capacity of a municipal securities

principal or a municipal securities

representative, as those terms are

defined in Rule G–3 of the Municipal

Securities Rulemaking Board (MSRB).1

§ 10.2 Filing requirements.

(a) A national bank shall use Form

MSD–4 (Uniform Application for

Municipal Securities Principal or

Municipal Securities Representative

Associated with a Bank Municipal

Securities Dealer) for obtaining the

information required by MSRB Rule G–

7(b)(i)–(x) from a person identified in

§ 10.1(b). A national bank receiving a

completed MSD–4 form from a person

identified in § 10.1(b). A national bank

receiving a completed MSD–4 form from

a person identified in § 10.1(b) must

submit this form to the OCC before

permitting the person to be associated

with it as a municipal securities

principal or a municipal securities

representative.

(b) A national bank must submit Form

MSD–5 (Uniform Termination Notice

for Municipal Securities Principal or

Municipal Securities Representative

Associated with a Bank Municipal

Securities Dealer) to the OCC within 30

days of terminating a person’s

association with the bank as a

municipal securities principal or

municipal securities representative.

(c) Forms MSD–4 and MSD–5, with

instructions, may be obtained by

contacting the OCC at 250 E Street, SW.,

Washington, DC 20219, Attention: Bank

Dealer Activities.

Dated: May 9, 1998.

Julie L. Williams,

Acting Comptroller of the Currency.

[FR Doc. 98–14016 Filed 5–27–98; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–211–AD; Amendment

39–10532; AD 98–11–05]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

2000 series airplanes, that requires

performing a one-time inspection of the

dropout boxes of the passenger oxygen

system to detect discrepancies and

determine whether the system operates

properly; correcting any discrepancy

found; and reworking or installing new

components, if necessary. This

amendment is prompted by a report

indicating that the oxygen system failed

to operate correctly after activation at a

low cabin pressure due to the incorrect

installation of the oxygen masks or

oxygen generators during

manufacturing. The actions specified by

this AD are intended to ensure that a

sufficient supply of oxygen is provided

to airplane passengers in the event of

rapid decompression of the airplane.

DATES: Effective July 2, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 2, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Saab Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linkping,

Sweden. 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:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington
Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations 29095

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Saab Model

SAAB 2000 series airplanes was

published in the Federal Register on

May 22, 1997 (62 FR 27986). That action

proposed to require performing a onetime inspection of the dropout boxes of

the passenger oxygen system to detect

discrepancies and determine whether

the system operates properly; correcting

any discrepancy found; and reworking

or installing new components, if

necessary.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter supports the

proposed AD; however, it notes that

many different types of failures were

discovered upon review by the

Luftfartsverket (LFV), which is the

airworthiness authority for Sweden.

Additionally, the commenter states that

the repair work performed to correct the

errors also could be performed

incorrectly. The commenter requests

that because of these two factors, the

FAA should require repetitive

inspections in lieu of the proposed onetime inspection.

The FAA does not concur with the

commenter’s request to include

repetitive inspections in this rulemaking

action at this point. According to Saab,

the problem was found to originate from

the interior supplier’s repacking of the

oxygen equipment after installing the

dropout boxes in the passenger service

units. This finding led to several

improvements and related instructions

by Saab and the interior and systems

suppliers regarding the packing method.

These improvements also included

hands-on training. Saab is not aware of

any further problems occurring with the

dropout boxes after implementation of

these improvements. Therefore, the

FAA has determined that repetitive

inspections to ensure the continued

proper functioning of the system are not

necessary.

The same commenter states that it is

unacceptable to operate aircraft with

emergency equipment that would not

work when needed, and suggests that it

would be prudent to periodically

perform functional tests of all the

emergency equipment to ensure that it

will work when needed.

The FAA acknowledges the concerns

of the commenter. The FAA has

determined that an unsafe condition

exists, and that the actions required by

this AD are adequate in order to ensure

the continued safety of the affected fleet.

While there may be merit to the

commenter’s suggestions, this AD is not

the appropriate context in which to

evaluate those suggestions. Since the

suggested changes would alter the

actions currently required by this AD,

additional rulemaking would be

required. The FAA finds that to delay

this action would be inappropriate in

light of the identified unsafe condition.

No change to this final rule is necessary.

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

The FAA estimates that 3 Saab Model

SAAB 2000 series 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. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $540,

or $180 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:

98–11–05 SAAB Aircraft AB: Amendment

39–10532. Docket 96–NM–211–AD.

Applicability: Model SAAB 2000 series

airplanes, having serial numbers –003

through –039 inclusive; 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 (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 an insufficient supply of

oxygen being provided to airplane passengers

in the event of rapid decompression of the

airplane, accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform a one-time inspection of

the dropout boxes of the passenger oxygen

system to detect discrepancies and determine

whether the system operates properly, in

accordance with the Accomplishment

Instructions of Saab Service Bulletin 2000–

35–001, dated February 20, 1996.

(1) If the passenger oxygen system operates

properly and no discrepancy is found in this

system, no further action is required by this

AD.

(2) If any discrepancy is found in the

passenger oxygen system, prior to further
29096 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations

flight, perform rework or install new

components, as applicable, in accordance

with the service bulletin.

(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,

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.

(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 actions shall be done in accordance

with Saab Service Bulletin 2000–35–001,

dated February 20, 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 Saab Aircraft AB, SAAB

Aircraft Product Support, S–581.88,

Linkping, Sweden. 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.

Note 3: The subject of this AD is addressed

in Swedish airworthiness directive (SAD) 1–

091, dated February 20, 1996.

(e) This amendment becomes effective on

July 2, 1998.

Issued in Renton, Washington, on May 18,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13822 Filed 5–27–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–172–AD; Amendment

39–10544; AD 98–11–19]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A310 and A300–600 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A310 and A300–600 series airplanes,

that requires a visual inspection to

detect cracks in the aft mount beam

assembly of the engine; and replacement

of any cracked beam with a new beam

or beam assembly. This amendment also

requires a fluorescent penetrant

inspection to detect cracks in the aft

mount beam assembly of the engine,

and various follow-on actions. This

amendment is prompted by reports

indicating that, apparently due to

manufacturing defects during the

forging process, cracking was found in

two engine aft mount beams. The

actions specified by this AD are

intended to detect and correct such

cracking, which could result in reduced

structural integrity of the aft mount

beam assembly of the engine.

DATES: Effective July 2, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 2, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Pratt & Whitney, 400 Main Street,

East Hartford, Connecticut 06108. 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:

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: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Airbus

Model A310 and A300–600 series

airplanes was published in the Federal

Register on April 1, 1997 (62 FR 15439).

That action proposed to require a visual

inspection to detect cracks in the aft

mount beam assembly of the engine;

and replacement of any cracked beam

with a new beam or beam assembly.

That action also proposed to require a

fluorescent penetrant inspection to

detect cracks in the aft mount beam

assembly of the engine, and various

follow-on actions.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter supports the

proposed rule.

One commenter requests that the

proposed AD be revised to cite

accomplishment of Pratt & Whitney

Service Bulletin PW4MD11 A71–102,

Revision 3, dated August 30, 1995, as an

equivalent alternative to

accomplishment of Pratt & Whitney

Alert Service Bulletins PW4NAC A71–

149, Revision 1, dated August 30, 1995,

and PW7R4 A71–129, Revision 1, dated

August 30, 1995, as referenced in the

proposed AD.

The FAA concurs with the

commenter’s request to cite

accomplishment of Pratt & Whitney

Service Bulletin PW4MD11 A71–102,

Revision 3, dated August 30, 1995, as an

equivalent alternative to

accomplishment of Pratt & Whitney

Alert Service Bulletins PW4NAC A71–

149, Revision 1, dated August 30, 1995

or PW7R4 A71–129, Revision 1, dated

August 30, 1995. Pratt & Whitney Alert

Service Bulletins PW4NAC A71–149,

Revision 1, dated August 30, 1995, and

PW7R4 A71–129, Revision 1, dated

August 30, 1995, contain a Note that

states: ‘‘Service Bulletins PW4NAC

A71–149 (PW4000/AI), PW7R4 A71–

129 (JT9D–7R4/AI), and PW4MD11

A71–102 (PW4000/DAC) have been

issued to cover all aircraft.

Accomplishment of any one of these

Service Bulletins satisfies the same

intent of the other two.’’ The FAA has

revised this final rule to reflect this

change by adding a new Note to the AD.

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 with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 8 Airbus

Model A310 and A300–600 series

airplanes of U.S. registry will be affected

by this AD.

It will take approximately 2 work

hours per airplane to accomplish the

required visual inspection, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

visual inspection required by this AD on

U.S. operators is estimated to be $960,

or $120 per airplane.

It will take approximately 34 work

hours per airplane to accomplish the

required fluorescent penetrant

inspection, at an average labor rate of