Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Rules and Regulations 8873

(AD), amendment 39–9948, to read as

follows:

97–05–04 Airbus Industrie: Amendment 39–

9948. Docket 96–NM–11–AD.

Supersedes AD 91–01–01, Amendment

39–6845.

Applicability: Model A320 series airplanes;

on which a generator control unit (GCU)

having part number (P/N) 520915 has not

been installed, or on which Airbus

Modification 21052 (reference Airbus Service

Bulletin A320–24–1022) and Airbus

Modification 21736 (reference Airbus Service

Bulletin A320–24–1035) have not been

accomplished; 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 (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 as indicated, unless

accomplished previously.

To prevent loss of the standby emergency

generation system, which provides necessary

back-up capability when both main

generators fail, accomplish the following:

Note 2: Airbus Service Bulletin A320–24–

1035 and Airbus Service Bulletin A320–24–

1022 refer to Vickers Service Bulletin No.

520754–24–01 as an additional source of

specific procedural information.

(a) For Model A320–111, –211, and –231

series airplanes; having serial numbers 003

through 058, inclusive, 060 through 067,

inclusive, 069 through 072, inclusive, 074

through 083, inclusive, and 085: Within 150

days after January 28, 1991 (the effective date

of AD 91–01–01, amendment 39–6845),

remove one generator control unit (GCU)

identified as 1XE part number (P/N) 520754,

and install a modified GCU identified as 1XE,

P/N 520915, in accordance with Airbus

Service Bulletin A320–24–1035, Revision 1,

dated February 27, 1990, or Revision 2, dated

June 24, 1994. Following installation,

perform an operational test of the emergency

generation system, emergency GCU from the

centralized fault display system, and the

static inverter, in accordance with the service

bulletin.

(b) For airplanes not subject to paragraph

(a) of this AD: Within 150 days after the

effective date of this AD, accomplish either

paragraph (b)(1) or (b)(2) of this AD, as

applicable.

Note 3: Replacement of the GCU

accomplished prior to the effective date of

this AD in accordance with Airbus Service

Bulletin A320–24–1035, Revision 1, dated

February 27, 1990, is considered acceptable

for compliance with the actions specified in

this paragraph.

(1) For airplanes equipped with GCU 1XE

having P/N 520754: Replace the GCU 1XE,

having P/N 520754, in zone 125 of the

avionics compartment, with a modified GCU

1XE, having P/N 520915, in accordance with

Airbus Service Bulletin A320–24–1035,

Revision 2, dated June 24, 1994. Prior to

further flight following accomplishment of

the replacement, perform an operational test

of the affected components in accordance

with that service bulletin.

(2) For airplanes equipped with GCU 1XE

having P/N 520738: Accomplish the

requirements of paragraphs (b)(2)(i) and

(b)(2)(ii) of this AD:

(i) Modify the wiring in relay box 103VU,

the wiring in power center AC/DC emergency

106VU, and the wiring between 103VU and

106VU, in accordance with Airbus Service

Bulletin A320–24–1022, Revision 1, dated

February 27, 1990.

Note 4: Modification accomplished prior to

the effective date of this AD in accordance

with Airbus Service Bulletin A320–24–1022,

dated June 16, 1989, is considered acceptable

for compliance with this paragraph.

(ii) After modifying the wiring, replace the

GCU 1XE, having P/N 520738, located in the

nose gear well in zone 125, with a modified

GCU 1XE, having P/N 520915, in accordance

with Airbus Service Bulletin A320–24–1035,

Revision 2, dated June 24, 1994. Prior to

further flight following accomplishment of

the replacement, perform an operational test

of the affected components in accordance

with that service bulletin.

(c) 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 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) 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.

(e) The actions shall be done in accordance

with the following Airbus Service Bulletins,

which contain the specified lists effective

pages:

Service bulletin number and date Page No. Revision level shown

on page Date shown on page

A320–24–1035, Revision 1, February 27, 1990 .................... 1, 2 ..............................................

3, 4 ..............................................

1 ................................

Original ......................

February 27, 1990.

October 20, 1989.

A320–24–1035, Revision 2, June 24, 1994 ........................... 1–4 .............................................. 2 ................................ June 24, 1994.

A320–24–1022, Revision 1, February 27, 1990 .................... 1, 5, 6, 13, 14, 19–21 .................

2–4, 7–12, 15–18, 22 ..................

1 ................................

Original ......................

February 27, 1990.

June 16, 1989.

The incorporation by reference of the

service documents listed above is

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 Airbus Industrie, 1

Rond Point Maurice Bellonte, 31707

Blagnac Cedex, France. 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.

(f) This amendment becomes effective

on April 3, 1997.

Issued in Renton, Washington, on February

20, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4715 Filed 2–26–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–116–AD; Amendment

39–9949; AD 97–05–05]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires a
8874 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Rules and Regulations

one-time check of the clearance between

certain braces that connect the wings to

the fuselage and the frame to which the

top fairing is attached; and modification

of the frame’s Z-profile if the clearance

is insufficient to prevent the braces from

coming in contact with the frame. In

addition, this amendment requires a

one-time check of these braces to detect

damage or wear; and repair, if

necessary. This amendment is prompted

by a report indicating that insufficient

clearance between these braces and the

frame could result in wear and

consequent breaking of the braces. The

actions specified by this AD are

intended to prevent failure of these

braces, which could result in unstable

movement of the wings in relation to the

fuselage and adversely affect the

aerodynamic characteristics of the

wings.

DATES: Effective April 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 3,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dornier Luftfahrt GmbH, P.O. Box

1103, D–82230 Wessling, Germany. 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:

Connie Beane, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2796; fax (206) 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 Dornier

Model 328–100 series airplanes was

published in the Federal Register on

December 13, 1996 (61 FR 65492). That

action proposed to require a check of

the clearance between the diagonal

braces on the left and right wings and

the frame to which the top fairing is

attached; and modification of the

frame’s Z-profile if there is not a certain

minimum clearance between each brace

and the frame. In addition, that action

also proposed to require a check of these

braces to detect damage or wear

resulting from contact between each

brace and the frame.

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

The FAA estimates that 5 Dornier

Model 328–100 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 4 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 $1,200,

or $240 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:

97–05–05—Dornier: Amendment 39–9949.

Docket 96–NM–116–AD.

Applicability: Model 328–100 series

airplanes having serial numbers 3005

through 3014 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

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 failure of the diagonal braces

that connect the left and right wings to the

fuselage, which could result in unstable

movement of the wings and adversely affect

the aerodynamic characteristics of the wings,

accomplish the following:

(a) Within 90 days after the effective date

of this AD, perform the actions required by

paragraphs (a)(1) and (a)(2) of this AD.

(1) Check the clearance between the

diagonal braces that connect the left and right

wings to the fuselage and the Z-profile of the

frame to which the top fairing is attached, in

accordance with Dornier Service Bulletin

SB–328–53–051, dated August 16, 1994.

(i) If the clearance meets or exceeds the

minimum limits specified in the service

bulletin, no further action is required by

paragraph (a)(1) of this AD.

(ii) If the clearance is less than the

minimum limits specified in the service

bulletin, prior to further flight, modify the Zprofile of the frame to which the top fairing

is attached, in accordance with the service

bulletin.

(2) Check each diagonal brace for damage

or wear, in accordance with the service

bulletin.

(i) If no damage or wear is detected, no

further action is required by paragraph

(a)(2) of this AD.

(ii) If any damage or wear is detected, prior

to further flight, repair the diagonal brace in
Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Rules and Regulations 8875

1Relief under this Supplemental Order extends

only to those products falling within the

jurisdiction of the Commodity Exchange Act

(‘‘CEA’’ or ‘‘Act’’) and remains subject to existing

product restrictions under the CEA and

Commission regulations and procedures thereunder

related to stock indices and foreign government

debt (see CEA section 2(a)(1)(B)(v) and Securities

and Exchange Commission rule 3a12–8).

2 In 1989 the Commission issued a series of rule

30.10 orders authorizing firms designated by the

U.K. Securities and Investments Board and certain

U.K. ‘‘Self-Regulating Organisations’’ to conduct

brokerage activities for U.S. customers on any nonU.S. exchange designated under U.K. law. See 54

FR 21599, 21600 (May 19, 1989) (SIB), 54 FR 21604,

21605 (May 19, 1989) (Association of Futures

Brokers and Dealers (‘‘AFBD’’)), 54 FR 21609, 21610

(May 19, 1989) (The Securities Association

(‘‘TSA’’)), and 54 FR 21614, 21615 (May 19, 1989)

(Investment Management Regulatory Organisation).

The AFBD and TSA subsequently merged to form

the Securities and Futures Association, which

became the successor organization for rule 30.10

purposes. See 56 FR 14017 (April 5, 1991).

The Commission also has issued similar

supplemental relief to the Sydney Futures

Exchange, see 58 FR 19209 (April 13, 1993), and to

the New Zealand Futures and Options Exchange,

see 61 FR 64985 (December 10, 1996).

3The term ‘‘non-U.S. exchange’’ refers to a foreign

board of trade which is defined in Commission rule

1.3(ss), 17 CFR § 1.3(ss) as: Any board of trade,

exchange or market located outside the United

States, its territories or possessions, whether

incorporated or unincorporated, where foreign

futures or foreign options transactions are entered

into.

Thus, contracts that are traded on a market that

has been designated as a contract market pursuant

to section 5 of the CEA are not within the scope

of this Order.

4Letter dated March 26, 1996, from Johanne

Dupont, Legal Counsel to the Montreal Exchange,

to Ms. Jane Kang, CFTC Division of Trading and

Markets (‘‘March 26, 1996 Request’’).

accordance with a method approved by the

Manager Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate.

(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, 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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 Dornier Service Bulletin SB–328–53–

051, dated August 16, 1994. 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 Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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 3, 1997.

Issued in Renton, Washington, on February

20, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4717 Filed 2–26–97; 8:45 am]

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 30

Foreign Futures and Option

Transactions

AGENCY: Commodity Futures Trading

Commission.

ACTION: Order.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’ or

‘‘CFTC’’) is issuing a Supplemental

Order authorizing members of the

Montreal Exchange (‘‘Exchange’’)

designated for relief under Commission

rule 30.10 (‘‘Exchange Member’’ or

‘‘Member’’) to solicit and accept orders

from U.S. customers for otherwise

permitted transactions 1 on all non-U.S.

exchanges where such Members are

authorized by the regulations of the

Montreal Exchange to conduct futures

business for customers.

This Supplemental Order is issued

pursuant to Commission rule 30.10,

which permits the Commission to grant

an exemption from certain provisions of

Part 30 of the Commission’s regulations,

and the Commission’s Order dated

March 14, 1989, granting relief under

rule 30.10 to designated members of the

Montreal Exchange.

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT: Jane

C. Kang, Esq., or Robert H. Rosenfeld,

Esq., Division of Trading and Markets,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, N.W., Washington,

D.C. 20581. Telephone: (202) 418–5430.

SUPPLEMENTARY INFORMATION: The

Commission has issued the following

Supplemental Order:

Supplemental Order Permitting

Members of the Montreal Exchange

Designated for Relief Under Commission

Rule 30.10 to Solicit and to Accept

Orders from U.S. Customers for

Otherwise Permitted Transactions on

All Non-U.S. Exchanges Where Such

Members Are Authorized by Exchange

Regulations to Conduct Futures

Business for Customers

On March 14, 1989, the Commission

issued an Order granting relief under

rule 30.10 to designated members of the

Montreal Exchange, 54 FR 11179 (March

17, 1988) (‘‘Original Order’’). The

Original Order limited the scope of

permissible brokerage activities

undertaken by designated Montreal

Exchange members on behalf of U.S.

customers to transactions ‘‘on or subject

to the rules of the Exchange.’’ 54 FR at

11811 (condition (1)(c)). Subsequently,

however, the Commission has issued

rule 30.10 orders which did not include

this limitation.2

By letter dated March 26, 1996, the

Montreal Exchange petitioned the

Commission to revise the Original Order

to permit designated members of the

Montreal Exchange to solicit or accept

orders from U.S. foreign futures and

options customers for all otherwise

permitted transactions on all non-U.S.

exchanges 3 where Exchange Members

are authorized by Exchange regulations

to conduct futures and options business

for customers, subject to the Montreal

Exchange’s and Members’ continued

compliance with the terms of the

Original Order and such other

conditions as may be imposed by the

Commission.4 The Exchange further

represented that it would carry out its

compliance, surveillance, and rule

enforcement activities with respect to

solicitations and acceptances of orders

by designated Montreal Exchange

members of U.S. customers for

otherwise permitted transactions on all

non-U.S. markets where such Members

are authorized by Exchange regulations

to conduct futures and options business

for U.S. customers.

Upon due consideration and for the

reasons stated in the Original Order, the

Commission has determined to issue

this Supplemental Order permitting

Montreal Exchange members designated

for rule 30.10 relief to solicit and to

accept orders from U.S. foreign futures

and options customers for otherwise

permitted transactions in commodity

futures and commodity options

(including options on futures) on or

subject to the rules of any exchange

where such Montreal Exchange

Members are authorized by Exchange

regulations to conduct options and

futures business for customers, other

than a contract market designated as

such pursuant to section 5 of the CEA,