42276 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 

The environmental certification tests are 

normally conducted with the appropriate 

category and level of RTCA/DO–160. For 

HIRF, it is at the environment in the notice 

or category W of section 20 of RTCA/DO–

160. For indirect effects of lightning, it is at 

the appropriate category and level for pin 

injection tests and multiple stroke and 

multiple burst tests of section 22 of RTCA/ 

DO–160. When appropriate, engine 

certification data may be used when showing 

compliance with this requirement. However, 

the effects of the installation on this data 

must be addressed. 

The applicant will comply with the 

following special condition: 

The installation of the electronic engine 

control system must comply with the 

requirements of § 23.1309(a) through (e) at 

Amendment 23–49. The intent of this 

requirement is not to reevaluate the inherent 

hardware reliability of the control itself, but 

rather determine the effects, including 

environmental effects addressed in 

§ 23.1309(e), on the airplane systems and 

engine control system when installing the 

control on the airplane. When appropriate, 

engine certification data may be used when 

showing compliance with this requirement; 

however, the effects of the installation on this 

data must be addressed. 

With respect to compliance with 

§ 23.1309(e), the levels required for 

compliance shall be at the levels for 

catastrophic failure conditions. 

Applicability 

As discussed above, these special 

conditions are applicable to the Cirrus 

Model SR22 as modified by Centex 

Aerospace, Inc. Should Centex 

Aerospace, Inc. apply at a later date for 

a supplemental type certificate to 

modify any other model included on 

Type Certificate No. A00009CH, to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, because a 

delay would significantly affect the 

certification of the airplane, which is 

imminent, the FAA has determined that 

prior public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

■ The authority citation for these 

special conditions is as follows: 

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

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Cirrus Model SR22 

airplanes as modified by Centex 

Aerospace, Inc. 

1. Electronic Engine Control System 

The installation of the electronic 

engine control system must comply 

with the requirements of § 23.1309(a) 

through (e) at Amendment 23–49. The 

intent of this requirement is not to 

reevaluate the inherent hardware 

reliability of the control itself, but rather 

determine the effects, including 

environmental effects addressed in 

§ 23.1309(e), on the airplane systems 

and engine control system when 

installing the control on the airplane. 

When appropriate, engine certification 

data may be used when showing 

compliance with this requirement; 

however, the effects of the installation 

on this data must be addressed. 

With respect to compliance with 

§ 23.1309(e), the levels required for 

compliance shall be at the levels for 

catastrophic failure conditions. 

Issued in Kansas City, Missouri on July 26, 

2007. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–14933 Filed 8–1–07; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 171 

RIN 3038–AC43 

Rules Relating To Review of National 

Futures Association Decisions in 

Disciplinary, Membership Denial, 

Registration and Member 

Responsibility Actions 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final Rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) hereby amends 17 CFR Part 

171, by adding language to Commission 

Rule § 171.9(b) (manner of service), 

allowing for service by facsimile (‘‘fax’’) 

or by electronic means (‘‘e-mail’’), 

making either means of service effective 

upon receipt. The amendment will also 

indicate that parties who consent to 

accepting service of documents by 

electronic means or fax in the 

underlying NFA action also consent to 

accepting service by the same means in 

proceedings under Part 171. 

DATES: August 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Thuy Dinh, Office of the General 

Counsel, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5128. 

SUPPLEMENTARY INFORMATION: On 

October 9, 1990, the Commission 

adopted Part 171 to establish standards 

and procedures for its review of 

decisions of registered futures 

associations such as the National 

Futures Association (‘‘NFA’’) in 

disciplinary actions, membership denial 

actions, registration actions and member 

responsibility actions. 55 FR 41061. 

From the time Part 171 was 

promulgated until now, Commission 

Rule 171.9(b) provides only for service 

by personal delivery (effective upon 

receipt) or service by mail (effective 

upon deposit). On May 22, 2007, the 

NFA asked the Commission to amend 

language to Rule 171.9(b), to allow 

service by fax and e-mail. In proposing 

the amendment, NFA cited three 

supporting arguments: (1) To avoid 

undue delay (due to cautionary 

procedures adopted in the postSeptember 11 climate, postal mail to 

U.S. government agencies is often 

delayed and thus is not as effective as 

it used to be prior to September 11); (2) 

to take advantage of technological 

means of service, which will be faster 

and less costly than the mails; (3) to 


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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 42277 

streamline procedures. NFA cites 

Commission Rules under 17 CFR Part 

10, which allows for service of 

documents by fax in enforcement 

proceedings. In addition, it cites its own 

rules governing arbitration, compliance 

and disciplinary cases as allowing 

service by both fax and e-mail. Thus, 

NFA asserts, to allow service by fax and 

e-mail in Part 171 would make the 

process more efficient. 

After reviewing NFA’s proposed 

amended language and its justifications 

for the proposal, the Commission has 

decided to adopt NFA’s request in its 

entirety. Amending the 17 CFR 171.9(b) 

to allow for service by fax and e-mail 

will(a) enhance the efficiency of 

proceedings under Part 171; and (b) 

comport with the various capabilities of 

today’s changing world. 

Related Matters 

A. No Notice Is Required Under 5 U.S.C. 

553 

The Commission has determined that 

this amendment to Part 171 is exempt 

from the provisions of the 

Administrative Procedure Act, 5 U.S.C. 

553, which generally require notice of 

proposed rulemaking and provide other 

opportunities for public participation. 

However, 5 U.S.C. 553 gives an agency 

discretion not to provide notice for 

‘‘rules of agency organization, 

procedure, or practice.’’ Notice and 

public procedure are unnecessary in 

this case. The proposed amendment, if 

made effective immediately, will 

actually promote efficiency and 

facilitate the Commission’s core 

mission. For the above reasons, the 

notice requirements under 5 U.S.C. 553 

are inapplicable. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601 et seq., requires 

agencies with rulemaking authority to 

consider the impact those rules will 

have on small businesses. With respect 

to persons seeking Commission reviews 

of NFA adjudicatory decisions, the 

amendments will impose no additional 

regulatory burden. Commission review 

of NFA disciplinary and membership 

denial actions has been carried out 

pursuant to 17 CFR Part 171 since 1990. 

These amendments to 17 CFR 171.9(b) 

do not present any significant changes 

and will in fact ease the regulatory 

burden by providing more options, 

greater certainty and predictability 

concerning manners of service under 

Part 171. Accordingly, the Acting 

Chairman, on behalf of the Commission, 

hereby certifies, pursuant to 5 U.S.C. 

605(b), that the amendments will not 

have a significant economic impact on 

a substantial number of small 

businesses. 

C. Paperwork Reduction Act 

The amendments to Part 171 rules do 

not impose a burden within the 

meaning and intent of the Paperwork 

Reduction Act of 1980, 44 U.S.C. 3501, 

et seq. 

D. Cost-Benefit Analysis 

Section 15(a) of the Commodity 

Exchange Act, 7 U.S.C. 19(a), requires 

the Commission to consider the costs 

and benefits of its action before issuing 

a new regulation. Section 15(a) further 

specifies that costs and benefits shall be 

evaluated in light of five broad areas of 

market and public concern: (1) 

Protection of market participants and 

the public; (2) efficiency, 

competitiveness, and financial integrity 

of futures markets; (3) price discovery; 

(4) sound risk management practices; 

and (5) other public interest 

considerations. Accordingly, the 

Commission can, in its discretion, give 

greater weight to any one of the five 

enumerated areas of concern and can, in 

its discretion, determine that 

notwithstanding its costs, a particular 

rule is necessary or appropriate to 

protect the public interest or to 

effectuate any of the provisions, or 

accomplish any of the purposes, of the 

Commodity Exchange Act. 

The amendments to Part 171 will not 

create any significant change in the 

Commission’s appellate process or 

impose new burdens or costs thereon. In 

fact, the amendments should enhance 

the protection of market participants 

and the public by making service more 

certain, faster and cheaper. 

After considering these above factors, 

the Commission has determined to 

amend Part 171, as set forth below. 

List of Subjects in 17 CFR Part 171 

Administrative practice and 

procedure, Commodity exchanges, 

Commodity futures. 

■ In consideration of the following, and 

pursuant to authority contained in the 

Commodity Exchange Act, the 

Commission hereby amends chapter I of 

title 17 of the Code of Federal 

Regulations to read as follows: 

PART 171–RULES RELATING TO 

REVIEW OF NATIONAL FUTURES 

ASSOCIATION DECISIONS IN 

DISCIPLINARY, MEMBERSHIP DENIAL, 

REGISTRATION AND MEMBER 

RESPONSIBILITY ACTIONS 

■ 1. The authority citation for Part 171 

continues to read as follows: 

Authority: 7 U.S.C. 4a, 12a, and 21. 

■ 2. Section 171.9 is amended by 

revising paragraph (b) to read as follows: 

§ 171.9 Service 

* * * * * 

(b) Manner of Service: Service may be 

made by personal delivery (effective 

upon receipt), mail (effective upon 

deposit), facsimile (effective upon 

receipt) or electronic mail (effective 

upon receipt). When service is effected 

by mail, the time within which the 

person served may respond thereto shall 

be increased by five days. Parties who 

consent to accepting service of 

documents by electronic means in the 

underlying NFA action also consent to 

accepting service by the same means in 

proceedings under this Part 171. 

* * * * * 

Issued in Washington, DC on the 26th of 

July 2007, by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. E7–14922 Filed 8–1–07; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 33 

[Docket No. PL07–1–000] 

FPA Section 203 Supplemental Policy 

Statement 

Issued July 20, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Policy statement. 

SUMMARY: The Federal Energy 

Regulatory Commission is providing 

guidance regarding future 

implementation of section 203 of the 

Federal Power Act. In the Supplemental 

Policy Statement the Commission 

adopts policies and provides 

clarifications intended to continue the 

encouragement of beneficial utility 

industry investment while also 

providing for effective customer 

protections, including working in a 

complementary fashion with the states 

in protecting customers. 

DATES: Effective Date: This 

Supplemental Policy Statement is 

effective July 20, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Carla Urquhart (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

(202) 502–8496. 


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