Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66617

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–1–AD–1; Amendment

39–11959; AD 2000–22–13]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron Canada Model 430

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) for

Bell Helicopter Textron Canada (BHTC)

Model 430 helicopters that requires

calibration of the fuel quantity

indicating system. This amendment is

prompted by an operator report of an

inaccurate fuel quantity indicating

system. The actions specified by this AD

are intended to prevent an inaccurate

fuel quantity indicating system reading,

engine flameout due to fuel starvation,

and a subsequent forced landing.

DATES: Effective December 12, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

12, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bell Helicopter Textron Canada,

12,800 Rue de l’Avenir, Mirabel, Quebec

JON1LO, telephone (450) 437–2862 or

(800) 363–8023, fax (450) 433–0272.

This information may be examined at

the FAA, Office of the Regional Counsel,

Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas; or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Paul

Madej, Aviation Safety Engineer, FAA,

Rotorcraft Directorate, Standards Staff,

Fort Worth, Texas 76193–0110,

telephone (817) 222–5125, fax (817)

222–5961.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD for BHTC Model 430

helicopters was published in the

Federal Register on August 9, 2000 (65

FR 48643). That action proposed to

require calibration of the fuel quantity

indicating system.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed.

The FAA estimates that 50 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 2

work hours per helicopter to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $6,000.

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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 a new airworthiness directive to

read as follows:

2000–22–13 Bell Helicopter Textron

Canada: Amendment 39–11959. Docket

No. 2000-SW–11-AD.

Applicability: Model 430 helicopters, serial

numbers 49001 through 49059, certificated in

any category.

Note 1: This AD applies to each helicopter

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 helicopters 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 at the next

scheduled fuel system calibration or at the

next annual inspection, whichever occurs

first, unless accomplished previously.

To prevent an inaccurate fuel quantity

indicating system reading, engine flameout

due to fuel starvation, and a subsequent

forced landing, accomplish the following:

(a) Calibrate the fuel quantity indicating

system in accordance with steps 1 through 21

of the Accomplishment Instructions, Bell

Helicopter Textron Alert Service Bulletin No.

430–99–13, dated December 13, 1999 (ASB).

(b) Insert BHT–430-MM–10, Chapter 95,

Revision 2, dated December 10, 1999, into

the Maintenance Manual.

(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, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(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 helicopter

to a location where the requirements of this

AD can be accomplished.

(e) Calibrate the fuel quantity indicating

system in accordance with steps 1 through 21

of the Accomplishment Instructions, Bell

Helicopter Textron Alert Service Bulletin No.

430–99–13, dated December 13, 1999. 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 Bell

Helicopter Textron Canada, 12,800 Rue de

l’Avenir, Mirabel, Quebec JON1LO,

telephone (450) 437–2862 or (800) 363–8023,

fax (450) 433–0272. Copies may be inspected

at the FAA, Office of the Regional Counsel,

Southwest Region, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North Capitol

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

(f) This amendment becomes effective on

December 12, 2000.

66618 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

1An introducing broker (‘‘IB’’) is required to

maintain minimum adjusted net capital of $30,000,

unless the IB has entered into a guarantee

agreement with an FCM in the form prescribed in

the Commission’s rules. The industry has

commonly distinguished between such IBs as

Guaranteed IBs and Independent IBs (‘‘IBIs’’), the

latter being subject to the $30,000 minimum capital

requirement. The rule changes being adopted herein

affect those IBs identified as IBIs.

2 65 FR 52051 (August 28, 2000).

3Commission regulations cited herein may be

found at 17 CFR Ch. I (2000).

4Under Rule 30.10 and Appendix A thereto, the

Commission may exempt a foreign firm from

compliance with certain Commission rules

provided that a comparable regulatory system exists

in the firm’s home country and that certain

safeguards are in place to protect U.S. customers,

including an information-sharing arrangement

between the Commission and the firm’s home

country regulator or self-regulatory organization

(‘‘SRO’’). Once the Commission determines that the

foreign jurisdiction’s regulatory structure offers

comparable regulatory oversight, the Commission

issues an order granting general relief subject to

certain conditions. Foreign firms seeking

confirmation of this relief must make certain

representations set forth in the Rule 30.10 order

issued to the regulator or SRO from the firm’s home

country. Appendix C to Part 30 lists those foreign

regulators and SROs that have been issued a Rule

30.10 order by the Commission.

Rule 30.7(c) sets forth acceptable depositories for

funds deposited by U.S. customers with foreign

brokers for futures and option trading on foreign

boards of trade.

5The specific elements examined in evaluating

whether a particular foreign regulatory program

provides a basis for permitting substituted

compliance for purposes of exemptive relief

pursuant to Rule 30.10 are set forth in Appendix A

to Part 30.

6 47 FR 18618–18621 (April 30, 1982).

Note 3: The subject of this AD is addressed

in Transport Canada (Canada) AD No. CF–

2000–04, dated February 8, 2000.

Issued in Fort Worth, Texas, on October 27,

2000.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 00–28235 Filed 11–6–00; 8:45 am]

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

RIN 3038–AB54

Minimum Financial Requirements for

Futures Commission Merchants and

Introducing Brokers; Amendment to

the Capital Charge on Unsecured

Receivables Due From Foreign

Brokers

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rule.

SUMMARY: The Commodity Futures

Trading Commission. (‘‘Commission’’)

is amending its net capital rule to

expand the exemption from the five

percent capital charge that a futures

commission merchant (‘‘FCM’’) or

introducing broker is required to take

against unsecured foreign broker

receivables in computing its adjusted

net capital.1

EFFECTIVE DATE: December 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Smith, Special Counsel,

Division of Trading and Markets,

Commodity Futures Trading

Commission, Three Lafayette Center,

1155 21st Street, NW, Washington, DC

20581; telephone (202) 418–5495;

electronic mail tsmith@cftc.gov; or

Henry J. Matecki, Financial Audit and

Review Branch, Division of Trading and

Markets, Commodity Futures Trading

Commission, 300 South Riverside Plaza,

Suite 1600 North, Chicago, IL 60606;

telephone (312) 353–6642; electronic

mail hmatecki@cftc.gov.

SUPPLEMENTARY INFORMATION:

I. Rule Amendments

On August 28, 2000, the Commission

published for comment proposed

amendments to Rule 1.17(c)(5)(xiii)

(‘‘proposing release’’).2 The comment

period expired on September 27, 2000.

No comments were received.

Accordingly, the Commission is

adopting the amendments as proposed.

Commission Rule 1.17(c)(5)(xiii)

requires an FCM or IBI, in computing its

adjusted net capital, to take a five

percent capital charge on any unsecured

receivables resulting from commodity

futures and option transactions

executed on foreign boards of trade and

which are due from foreign brokers that

are not registered with the Commission

as FCMs or with the Securities and

Exchange Commission (‘‘SEC’’) as

securities brokers or dealers.3 As more

fully set forth in the proposing release,

Rule 1.17(c)(5)(xiii) currently permits an

FCM or IBI to exclude from the five

percent capital charge that portion of

the unsecured receivable that represents

amounts required to be on deposit to

maintain futures and option positions

transacted on foreign boards of trade.

Deposits in excess of required margin or

performance bond are subject to the

capital charge. In addition, to be exempt

from the capital charge, the receivable

must be due from a foreign broker that

has received confirmation of

‘‘comparability relief’’ in accordance

with a Commission order issued under

Rule 30.10 and the margin deposits

must be held by the foreign broker itself,

another foreign broker that has received

confirmation of Rule 30.10

‘‘comparability relief,’’ or at a

depository that qualifies as a depository

pursuant to Rule 30.7 and which is

located within the same jurisdiction as

either foreign broker.4

The amendments being adopted

herein increase the maximum amount

eligible for exclusion from the five

percent capital charge to the greater of:

150 percent of the amount immediately

required to support futures and option

transactions in an account; or 100

percent of the maximum amount

required to support futures and option

transactions at any time during the

preceding six-month period. The

amendments are intended to provide

FCMs and IBIs with greater flexibility

with respect to their cash and risk

management while also reducing costs

associated with frequent transfers of

excess margin funds out of foreign

brokers in order to avoid the five

percent capital charge.

The amendments also eliminate the

requirement that an FCM or IBI be

responsible for monitoring the ultimate

destination of margin funds deposited

with a Rule 30.10 foreign broker in

order for such funds to qualify for the

exemption from the capital charge. As

set forth in the proposing release, by

granting Rule 30.10 ‘‘comparability

relief’’ to a foreign broker, the

Commission has made a determination

that the foreign broker is subject to a

regulatory structure that is comparable

to the structure imposed on entities that

operate on U.S. futures exchanges. Of

particular relevance is that the

Commission, as part of the Rule 30.10

petition process, assesses the extent to

which a foreign broker is subject to a

regulatory program that imposes bona

fide minimum financial requirements

on its regulatees or members and that

provides for the protection of customers

by the segregation of funds and

bankruptcy rules.5 The Commission’s

determination that these standards and

protections exist and are enforced

supports an easing of the capital charge.

II. Related Matters

A. Regulatory Flexibility Act

The Regulatory Flexibility Act

(‘‘RFA’’), 5 U.S.C. 601–611, requires that

agencies, in adopting rules, consider the

impact of those rules on small

businesses. The Commission has

previously established certain

definitions of ‘‘small entities’’ to be used

by the Commission in evaluating the

impact of its rules on such entities.6 The

Commission previously has determined