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,
Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 / Proposed Rules 39055

450 5th Street, NW, Washington, DC

20549–6009. Comments can be

submitted electronically at the following

E-mail address: rule-comments@sec.gov.

All comment letters should refer to File

No. S7–16–98; include this file number

on the subject line if E-mail is used. All

comments received will be available for

public inspection and copying in the

Commission’s Public Reference Room,

450 5th Street, NW, Washington, DC

20549–6009. Electronically-submitted

comment letters will be posted on the

Commission’s Internet Web site (http://

www.sec.gov).

FOR FURTHER INFORMATION CONTACT:

Michael J. Kigin, Associate Chief

Accountant, Office of the Chief

Accountant, at (202) 942–4400; or David

R. Fredrickson, Assistant General

Counsel, Office of the General Counsel,

at (202) 942–0890.

SUPPLEMENTARY INFORMATION: On June

18, 1998, the Securities and Exchange

Commission proposed for comment an

amendment to Rule 102(e), 17 CFR

201.102(e). The Commission requested

that comments be received by July 20,

1998.

In light of the importance of

comments on this subject, the

Commission believes that extending the

comment period is appropriate. The

extension will permit interested persons

to have additional time to comment on

the matters the release addresses. The

Commission does not anticipate

extending the comment period beyond

August 20, 1998. Therefore, the

comment period for Release No. 33–

7546 is extended to August 20, 1998.

Dated: July 15, 1998.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 98–19372 Filed 7–20–98; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 216

[Docket No. 980629162–8162–01; I.D.

093097E]

RIN 0648–AK42

Taking and Importing Marine

Mammals; Taking Marine Mammals

Incidental to Rocket Launches

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comment and information.

SUMMARY: NMFS has received a request

from the 30th Space Wing, U.S. Air

Force, for a small take of marine

mammals incidental to missile and

rocket launches, aircraft flight test

operations, and helicopter operations at

Vandenberg Air Force Base, CA

(Vandenberg). By this document, NMFS

is proposing regulations to govern that

take. In order to grant the exemption

and issue the regulations, NMFS must

determine that these takings will have a

negligible impact on the affected species

and stocks of marine mammals. NMFS

invites comment on the application and

the proposed regulations.

DATES: Comments and information must

be postmarked no later than September

4, 1998. Comments on the collection of

information requirement must be

received no later than September 21,

1998.

ADDRESSES: Comments should be

addressed to Michael Payne, Chief,

Marine Mammal Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3226. A copy of the application, a final

Environmental Assessment (EA), a list

of references used in the preparation of

this document, and other documents

mentioned in this proposed rule as

being available may be obtained by

writing to the above address, or

telephoning one of the persons listed

(see FOR FURTHER INFORMATION CONTACT).

Additional supporting technical

documentation is available for viewing,

by appointment, during normal business

hours at either the above address, or at

the Southwest Regional Office, NMFS,

501 West Ocean Blvd. Suite 4200, Long

Beach, CA 90802.

Comments regarding the burden-hour

estimate or any other aspect of the

collection of information requirement

contained in this rule should be sent to

the above individual and to the Office

of Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Attention: NOAA Desk Officer,

Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, Office of

Protected Resources, NMFS, telephone

(301) 713–2055, or Irma Lagomarsino,

Southwest Regional Office, NMFS,

telephone (562) 980–4016.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine

Mammal Protection Act (MMPA)(16

U.S.C. 1361 et seq.) directs the Secretary

of Commerce (Secretary) to allow, upon

request, the incidental, but not

intentional taking of marine mammals

by U.S. citizens who engage in a

specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and regulations are issued.

Permission may be granted for periods

of up to 5 years if the Secretary finds

that the taking will have a negligible

impact on the species or stock(s), will

not have an unmitigable adverse impact

on the availability of the species or

stock(s) for subsistence uses, and

regulations are prescribed setting forth

the permissible methods of taking and

the requirements pertaining to the

monitoring and reporting of such taking.

NMFS has defined ‘‘negligible impact’’

in 50 CFR 216.103 as ‘‘an impact

resulting from the specified activity that

cannot be reasonably expected to, and is

not reasonably likely to, adversely affect

the species or stock through effects on

annual rates of recruitment or survival.’’

Description of Request

On September 30, 1997, NMFS

received an application for an

incidental, small take exemption under

section 101(a)(5)(A) of the MMPA from

the 30th Space Wing, Vandenberg, to

take marine mammals incidental to

missile and rocket launches, aircraft

flight test operations, and helicopter

operations at Vandenberg.

Vandenberg is located on the southcentral coast of California. The base

covers approximately 98,000 acres in

western Santa Barbara County. The

primary missions of the Air Force at

Vandenberg are to launch and track

satellites in space, test and evaluate the

United State’s intercontinental ballistic

missile systems, and support aircraft

operations. As a nonmilitary facet of

operations, Vandenberg is also

committed to promoting commercial

space launch ventures.

Comments and Responses

On November 14, 1997 (62 FR 61077),

NMFS published an advance notice of

proposed rulemaking on the application

and invited interested persons to submit

comments, information, and suggestions

concerning the application, and the

structure and content of regulations if

the application is accepted. During the

30-day comment period on that notice,

no comments were received.

Description of Activities

Vandenberg anticipates a total of 10

launches annually for Minuteman and

Peacekeeper missiles from North

Vandenberg and a total of 20 launches

annually for space launches