Federal Register / Vol. 66, No. 80 / Wednesday, April 25, 2001 / Rules and Regulations 20739

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

documents listed in paragraph (a) of this AD.

Alternative Methods of Compliance

(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,

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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(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.

Incorporation by Reference

(e) The actions shall be done in accordance

with Revision 13 of the Dornier 328

Airworthiness Limitations Document, TM–

ALD–010693–ALL, dated July 25, 1997; and

the Dornier Temporary Revisions listed in

Table 2, as follows:

TABLE 2.—TEMPORARY REVISIONS

TR No. Date of issue

TR ALD–042 ............... January 31, 1997.

TR ALD–048 ............... May 12, 1998.

TR ALD–050 ............... October 2, 1997.

TR ALD–052 ............... December 11, 1997.

TABLE 2.—TEMPORARY REVISIONS—

Continued

TR No. Date of issue

TR ALD–053 ............... April 29, 1998.

TR ALD–054 ............... May 12, 1998.

TR ALD–055 ............... May 26, 1998.

TR ALD–056 ............... July 22, 1998.

TR ALD–057 ............... October 23, 1998.

TR ALD–059 ............... December 11, 1998.

TR ALD–062 ............... May 18, 1999.

TR ALD–063 ............... August 10, 1999.

TR ALD–064 ............... October 10, 1999.

TR ALD–065 ............... November 26, 1999.

TR ALD–067 ............... February 7, 2000.

TR ALD–068 ............... February 4, 2000.

TR ALD–070 ............... May 25, 2000.

Revision 13 of the Dornier Airworthiness

Limitations Document TM–ALD–010693–

ALL, contains the following list of effective

pages:

Page No. Revision level

shown on page

Date shown

on page

List of Effective Pages: Pages 1, 2 ................................................................................................................ 13 July 25, 1997.

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 Fairchild Dornier, 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.

Effective Date

(f) This amendment becomes effective on

February 7, 2001.

Issued in Renton, Washington, on April 16,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–9877 Filed 4–24–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 28154; Amendment No. 121–

283]

Emergency Exits

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; technical

amendment.

SUMMARY: The Federal Aviation

Administration (FAA or ‘‘we’’) is

amending our regulations by removing

an obsolete cross reference. This change

is necessary to correct an error and will

not impose any additional burdens or

restrictions on persons or organizations

affected by these regulations.

EFFECTIVE DATE: April 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Michael J. Coffey, Air Carrier Operations

Branch (AFS–220), Air Transportation

Division, Flight Standards Service,

Federal Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20591, Telephone (202)

267–3750.

SUPPLEMENTARY INFORMATION:

Background

On January 26, 1996, we published a

final rule that made numerous editorial

and terminology changes to the

regulations governing air carriers and

commercial operators (61 FR 2608).

These regulations are found at 14 CFR

parts 119, 121, and 135. The 1996 rule

was necessary due to an earlier final

rule that updated and consolidated the

regulations governing the operations of

commuter airlines. See 60 FR 65913,

Dec. 20, 1995.

During the course of these two

rulemakings, which involved numerous

changes, we inadvertently failed to

delete a cross reference in 14 CFR

121.310(m) to 14 CFR 121.627(c), which

no longer exists in our regulations. The

purpose of this action is to eliminate the

obsolete cross reference to avoid causing

any confusion amongst those whose

activities are governed by 14 CFR part

121.

This change is editorial in nature and

has no substantive impact on the

persons or organizations governed by

these regulations. Under the

Administrative Procedure Act, an

agency doesn’t have to issue a notice of

proposed rulemaking when the agency

for good cause finds that notice and

public procedure are ‘‘impracticable,

unnecessary, or contrary to the public

interest.’’ See 5 U.S.C. 553(b). Because

this technical amendment simply

corrects an obsolete cross reference, we

find that publishing the change for

public notice and comment is

unnecessary.

The Administrative Procedure Act

also states that an agency must publish

a substantive rule not less than 30 days

before its effective date, except as

otherwise provided by the agency for

good cause. See 5 U.S.C. 553(d). We find

that this technical amendment imposes

no additional burden or requirement on

the regulated industry, and thus, is not

substantive in nature. Moreover, we find

that there is good cause to make the

correction effective immediately upon

publication in the Federal Register. It is

not in the public interest to have an

obsolete cross reference in our

regulations. It is in the public interest to

correct the error without any further

delay.

This regulation is editorial in nature

and imposes no additional burden on

any person or organization.

Accordingly, we have determined that

20740 Federal Register / Vol. 66, No. 80 / Wednesday, April 25, 2001 / Rules and Regulations

1Commodity Futures Modernization Act of 2000,

Pub. L. 106–554, 114 Stat. 2763 (to be codified as

amended in scattered sections of 7 U.S.C.).

2 7 U.S.C. 1 et seq. (1994), as amended by Pub.

L. 106–554, 114 Stat. 2763.

3Commission rules concerning DTFs will be

included in a new Part 37. See 66 FR 14262 (March

9, 2001).

4 Generally, eligible contract participants are: (1)

Individuals with more than $10 million in total

assets, or more than $5 million in total assets if

entering into the transaction to manage risk; (2)

financial institutions, investment companies, and

insurance companies; (3) companies with more

than $10 million in total assets, or a net worth

exceeding $1 million if entering into the transaction

in connection with the conduct of their businesses;

and (4) commodity pools that have more than $5

million in total assets. See 7 U.S.C. 1a(12), as

amended.

5See 66 FR 14507 (March 13, 2001).

6For purposes of satisfying the requirement that

the customer sign the opt-out agreement, an

electronic signature will be acceptable provided it

satisfies the provisions of Rule 1.4. Commission

rules referred to herein are found at 17 CFR Ch. 1

(2000).

7An FCM may offer benefits to customers who

elect not to have their funds segregated. In making

any such offer, however, an FCM may not make any

misleading claims or disclosures.

the action: (1) Is not a significant rule

under Executive Order 12866; and (2) is

not a significant rule under Department

of Transportation Regulatory Policy and

Procedures. Also, because this

regulation is editorial in nature, no

impact is expected to result, and a full

regulatory evaluation is not required. In

addition, the FAA certifies that the rule

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.

List of Subjects in 14 CFR Part 121

Air Carriers, Aircraft, Airmen,

Aviation safety, Charter flights.

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends part 121 of title 14 of the Code

of Federal Regulations as follows:

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

1. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119,

44101, 44701–44702, 44705, 44709–44711,

44713, 44716–44717, 44722, 44901, 44903–

44904, 44912, 46105.

2. Amend § 121.310 by revising

paragraph (m) to read as follows:

§ 121.310 Additional emergency

equipment.

* * * * *

(m) Except for an airplane used in

operations under this part on October

16, 1987, and having an emergency exit

configuration installed and authorized

for operation prior to October 16, 1987,

for an airplane that is required to have

more than one passenger emergency exit

for each side of the fuselage, no

passenger emergency exit shall be more

than 60 feet from any adjacent passenger

emergency exit on the same side of the

same deck of the fuselage, as measured

parallel to the airplane’s longitudinal

axis between the nearest exit edges.

Issued in Washington, DC, on April 19,

2001.

Donald P. Byrne,

Assistant Chief Counsel, Regulations

Division.

[FR Doc. 01–10238 Filed 4–24–01; 8:45 am]

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Parts 1 and 190

RIN 3038—AB67

Opting Out of Segregation

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rules.

SUMMARY: Pursuant to section 111 of the

Commodity Futures Modernization Act

of 2000, the Commodity Futures

Trading Commission (‘‘Commission’’ or

‘‘CFTC’’) is adopting a new rule

allowing futures commission merchants

(‘‘FCM’’) to offer certain customers the

right to elect not to have funds, that are

being carried by the FCM for purposes

of margining, guaranteeing or securing

the customers’ trades on or through a

registered derivatives transaction

execution facility (‘‘DTF’’), separately

accounted for and segregated. This is

sometimes referred to as ‘‘opting out’’ of

segregation. The CFTC is also adopting

amendments to certain existing rules

that would, among other things, govern

the bankruptcy treatment of a customer

that opts out of segregation.

EFFECTIVE DATE: June 19, 2001.

FOR FURTHER INFORMATION CONTACT:

Lawrence B. Patent, Associate Chief

Counsel, or Michael A. Piracci,

Attorney-Advisor, Division of Trading

and Markets, Commodity Futures

Trading Commission, Three Lafayette

Centre, 1155 21st Street, NW,

Washington, DC 20581. Telephone:

(202) 418–5430.

SUPPLEMENTARY INFORMATION:

I. Background

A. Introduction

The Commodity Futures

Modernization Act of 2000 (‘‘CFMA’’),1

enacted on December 21, 2000, included

a new section 5a of the Commodity

Exchange Act (the ‘‘Act’’) 2 to permit a

board of trade, subject to certain

conditions, to elect to operate as a

registered DTF in lieu of seeking

designation as a contract market.3 In

order to operate as a registered DTF, the

board of trade must meet certain

requirements as to the underlying

commodities traded and must restrict

access to certain eligible traders. The

newly-enacted section 5a(f) of the Act

provides that a registered DTF may

authorize an FCM to offer its customers

that are eligible contract participants 4

the right not to have their funds that are

carried by the FCM for purposes of

trading on the registered DTF,

separately accounted for and segregated.

Opting out of segregation is not

available to a customer who is not also

an eligible contract participant.

B. Proposed Rules

1. New Rule 1.68

On March 13, 2001, the Commission

published a proposed new rule allowing

FCMs to offer certain customers the

right to elect not to have funds, that are

being carried by the FCM for purposes

of margining, guaranteeing or securing

the customers’ trades on or through a

registered DTF, separately accounted for

and segregated, sometimes referred to as

‘‘opting out’’ of segregation.5 The

Commission proposed to add new Rule

1.68 to implement the newly-enacted

section 5a(f) of the Act. The proposed

rule provided that an FCM shall not

segregate a customer’s funds where: (i)

The customer is an eligible contract

participant; (ii) the funds are deposited

with the FCM for purposes of trading on

a registered DTF; (iii) the DTF has

authorized the FCM to permit eligible

contract participants to elect not to have

such funds segregated; and (iv) there is

a written agreement signed by the

customer 6 in which the customer elects

to opt out of segregation and

acknowledges that it is aware of the

consequences of not having its funds

segregated.7 In particular, the agreement

would have been required to explain

that, to the extent a customer has a

claim against the estate of a bankrupt

FCM in connection with trades for

which it has opted out of segregation,