Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 / Proposed Rules 39053

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–62–AD]

RIN 2120–AA64

Airworthiness Directives; Air Tractor,

Inc. AT–300, AT–400, and AT–500

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

96–23–19, which currently requires

installing a new flap actuator overtravel

stop and a roll pin through the

overtravel stop and jack screw on

certain Air Tractor, Inc. (Air Tractor)

Models AT–300, AT–400, and AT–500

series airplanes. The proposed AD

would require replacing the existing

flap actuator overtravel stop with a new

one of improved design. The proposed

AD is the result of reports of the jack

screw breaking through the roll pin hole

on three of the affected airplanes that

were already in compliance with AD

96–23–19. The actions specified by the

proposed AD are intended to prevent

interference between the flap pushrod

and the aileron pushrod caused by the

flap actuator overtravel nut disengaging,

which could result in loss of aileron

control.

DATES: Comments must be received on

or before September 18, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–62–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted. Service information that applies to the

proposed AD may be obtained from Air

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

Texas 76374. This information also may

be examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Bob May, Aerospace Engineer, FAA,

Aircraft Certification Office, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone: (817) 222–5156;

facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–62–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–62–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

AD 96–23–19, Amendment 39–9823

(61 FR 58985, November 11, 1996),

currently requires installing a new flap

actuator overtravel stop and a roll pin

through the overtravel stop and jack

screw on certain Air Tractor Models

AT–300, AT–301, AT–302, AT–400,

AT–400A, AT–401, AT–401A, AT–

401B, AT–402, AT–402A, AT–402B,

AT–501, AT–502, AT–502A, AT–502B,

and AT–503A airplanes.

Accomplishment of these installations

is required in accordance with Snow

Engineering Co. Service Letter #140,

dated November 27, 1995, Revised

October 10, 1996.

AD 96–23–19 was the result of reports

of incidents involving Air Tractor

Models AT–402 and AT–502 airplanes,

where the flap actuator overtravel stop

nut disengaged from the jack screw. The

flap pushrod pressed against the aileron

pushrod, which caused difficulty in

moving the ailerons.

Actions Since Issuance of Previous Rule

The FAA has received reports of

incidents of the jack screw breaking

through the roll pin hole on three of the

affected airplanes that were already in

compliance with AD 96–23–19. Two

cases of the control system binding up

in the field prompted the FAA to

investigate this condition with the

following information revealed:

—The down flap limit switch must be

inoperative;

—The mechanical overtravel stop nut

must have fallen off; and

—The flaps must be driven down past

the limit switch position to the

maximum flap position where the

aileron pushrods begin to bind.

The Snow Engineering Co. (the parent

company of Air Tractor) and the FAA

have simulated this combination of stop

nut failure and limit switch failure on

factory airplanes through a laboratory

environment.

This condition, if not corrected in a

timely manner, could result in difficulty

in moving the ailerons with possible

loss of aileron control.

Relevant Service Information

The Snow Engineering Co. has issued

Service Letter #165, dated May 15, 1998,

which specifies procedures for replacing

the flap actuator overtravel stop with

one of improved design, part number (P/

N) 70975–1.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

including the above-referenced service

information, the FAA has determined

that AD action should be taken to

prevent interference between the flap

pushrod and the aileron pushrod caused

by the flap actuator overtravel nut

disengaging, which could result in loss

of aileron control.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Air Tractor Models

AT–300, AT–301, AT–302, AT–400,

AT–400A, AT–401, AT–401A, AT–

401B, AT–402, AT–402A, AT–402B,

AT–501, AT–502, AT–502A, AT–502B,

and AT–503A airplanes of the same

type design, the FAA is proposing AD

action to supersede AD 96–23–19. The

proposed AD would require replacing

the existing flap actuator overtravel stop
39054 Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 / Proposed Rules

with a new one of improved design, P/

N 70975–1. Accomplishment of the

proposed replacement would be

required in accordance with Snow

Engineering Co. Service Letter #165,

dated May 15, 1998.

Cost Impact

The FAA estimates that 1,250

airplanes in the U.S. registry would be

affected by the proposed AD, that it

would take approximately 2 workhours

per airplane to accomplish the proposed

replacement, and that the average labor

rate is approximately $60 an hour. The

manufacturer will supply parts at no

cost to the owners/operators of the

affected airplanes. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $150,000, or $120 per

airplane.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) if

promulgated, 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 draft

regulatory evaluation prepared for this

action has been placed 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 14

CFR part 39 of the Federal Aviation

Regulations 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 Airworthiness Directive (AD)

96–23–19, Amendment 39–9823 (61 FR

58985, November 11, 1996), and by

adding a new AD to read as follows:

Air Tractor, Inc.: Docket No. 98–CE–62–AD;

Supersedes AD 96–23–19, Amendment

39–9823.

Applicability: The following model and

serial numbered airplanes, certificated in any

category, that do not have a part number (P/

N) 70975–1 flap actuator overtravel stop

installed:

Models AT–300, AT–301, AT–302, AT–

400, AT–400A, AT–401, AT–401A, AT–

401B, AT–402, AT–402A, and AT–402B

airplanes, serial numbers 300–0001through

401B–1013; and

Models AT–501, AT–502, AT–502A, AT–

502B, and AT–503A airplanes, serial

numbers 502–0001 through 502B–0398.

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 (c) 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 50

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

date of this AD, unless already accomplished.

To prevent interference between the flap

pushrod and the aileron pushrod caused by

the flap actuator overtravel nut disengaging,

which could result in loss of aileron control,

accomplish the following:

(a) Install a new flap actuator overtravel

stop with a new one of improved design, P/

N 70975–1. Accomplish this replacement in

accordance with the REWORK

INSTRUCTIONS section of Snow

Engineering Co. Service Letter #165, dated

May 15, 1998.

(b) Special flight permits may be issued in

accordance with sections 21.197 and 21.197

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.

(c) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Fort Worth

Airplane Certification Office (ACO), 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150.

(1) 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.

(2) Alternative methods of compliance

approved in accordance with AD 96–23–19

are not considered approved as alternative

methods of compliance for this AD.

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.

(d) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request from Air Tractor Inc.,

P. O. Box 485, Olney, Texas 76374; or may

examine these documents at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

(e) This amendment supersedes AD 96–23–

19, amendment 39–9823.

Issued in Kansas City, Missouri, on July 14,

1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–19327 Filed 7–20–98; 8:45 am]

BILLING CODE 4910–13–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 201

[Release Nos. 33–7555; 34–40203; 35–

26896; 39–2365; IA–1730; IC–23315; File No.

S7–16–98]

RIN 3235–AH47

Proposed Amendment to Rule 102(e)

of the Commission’s Rules of Practice

AGENCY: Securities and Exchange

Commission.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The Securities and Exchange

Commission (‘‘Commission’’) is

extending from July 20, 1998 to August

20, 1998 the comment period for

Release No. 33–7546 (June 12, 1998), 63

FR 33305 (June 18, 1998) proposing an

amendment to Rule 102(e) of the

Commission’s Rules of Practice. Rule

102(e) allows the Commission to

censure, suspend or bar persons who

appear or practice before it. The release

proposed an amendment to clarify the

Commission’s standard for determining

when accountants engage in ‘‘improper

professional conduct’’ under Rule

102(e)(1)(ii).

DATES: Comments must be received on

or before August 20, 1998.

ADDRESSES: Submit comments in

triplicate to Jonathan G. Katz, Secretary,

Securities and Exchange Commission,