34798 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

in § 9.7(d). Pursuant to 12 U.S.C. 36(j),

a trust office is not a ‘‘branch’’ for

purposes of 12 U.S.C. 36, unless it is

also an office at which deposits are

received, or checks paid, or money lent.

(k) Trust representative office means

an office of a national bank, other than

a main office, branch, or trust office, at

which the bank performs activities

ancillary to its fiduciary business, but

does not engage in any of the activities

specified in § 9.7(d). Examples of

ancillary activities include advertising,

marketing, and soliciting for fiduciary

business; contacting existing or

potential customers, answering

questions, and providing information

about matters related to their accounts;

acting as a liaison between the trust

office and the customer (e.g., forwarding

requests for distribution or changes in

investment objectives, or forwarding

forms and funds received from the

customer); inspecting or maintaining

custody of fiduciary assets or holding

title to real property. This list is

illustrative and not comprehensive.

Other activities may also be ‘‘ancillary

activities’’ for the purposes of this

definition. Pursuant to 12 U.S.C. 36(j), a

trust representative office is not a

‘‘branch’’ for purposes of 12 U.S.C. 36,

unless it is also an office at which

deposits are received, or checks paid, or

money lent.

3. § 9.3 is amended by revising

paragraph (b) and adding paragraph (c)

to read as follows:

§ 9.3 Approval requirements.

* * * * *

(b) A national bank that has obtained

the OCC s approval to exercise fiduciary

powers is not required to obtain the

OCC s prior approval to engage in any

of the activities specified in § 9.7(d) in

a new state or to conduct, in a new state,

activities that are ancillary to its

fiduciary business. Instead, the national

bank must follow the notice procedures

prescribed by 12 CFR 5.26(e).

(c) A person seeking approval to

organize a special-purpose national

bank limited to fiduciary powers shall

file an application with the OCC

pursuant to 12 CFR 5.20.

4. A new § 9.7 is added to read as

follows:

§ 9.7 Multi-state fiduciary operations.

(a) Acting in a fiduciary capacity in

more than one state. Pursuant to 12

U.S.C. 92a and this section, a national

bank may act in a fiduciary capacity in

any state. If a national bank acts, or

proposes to act, in a fiduciary capacity

in a particular state, the bank may act

in the following specific capacities:

(1) Any of the eight fiduciary

capacities expressly listed in 12 U.S.C.

92a(a), unless the state prohibits its own

state banks, trust companies, and other

corporations that compete with national

banks in that state from acting in that

capacity; and

(2) Any other fiduciary capacity the

state permits for its own state banks,

trust companies, or other corporations

that compete with national banks in that

state.

(b) Serving customers in other states.

While acting in a fiduciary capacity in

one state, a national bank may market

its fiduciary services to, and act as

fiduciary for, customers located in any

state, and it may act as fiduciary for

relationships that include property

located in other states. The bank may

use a trust representative office for this

purpose.

(c) Offices in more than one state. A

national bank with fiduciary powers

may establish trust offices or trust

representative offices in any state.

(d) Determination of the state referred

to in 12 U.S.C. 92a. For each fiduciary

relationship, the state referred to in

section 92a is the state in which the

bank acts in a fiduciary capacity for that

relationship. A national bank acts in a

fiduciary capacity in the state in which

it accepts the fiduciary appointment,

executes the documents that create the

fiduciary relationship, and makes

discretionary decisions regarding the

investment or distribution of fiduciary

assets. If these activities take place in

more than one state, then the state in

which the bank acts in a fiduciary

capacity for section 92a purposes is the

state that the bank designates from

among those states.

(e) Application of state law. (1) State

laws used in section 92a. The state laws

that apply to a national bank’s fiduciary

activities by virtue of 12 U.S.C. 92a are

the laws of the state in which the bank

acts in a fiduciary capacity.

(2) Other state laws. Except for the

state laws made applicable to national

banks by virtue of 12 U.S.C. 92a, state

laws limiting or establishing

preconditions on the exercise of

fiduciary powers are not applicable to

national banks.

5. Section 9.14(b) is revised to read as

follows:

§ 9.14 Deposit of securities with state

authorities

* * * * *

(b) Acting in a fiduciary capacity in

more than one state. If a national bank

acts in a fiduciary capacity in more than

one state, the bank may compute the

amount of securities that are required to

be deposited for each state on the basis

of the amount of assets for which the

bank is acting in a fiduciary capacity at

offices located in that state. If state law

requires a deposit of securities on a

basis other than assets (e.g., a

requirement to deposit a fixed amount

or an amount equal to a percentage of

capital), the bank may compute the

amount of deposit required in that state

on a pro-rated basis, according to the

proportion of fiduciary assets for which

the bank is acting in a fiduciary capacity

at offices located in that state.

Dated: June 21, 2001.

John D. Hawke, Jr.,

Comptroller of the Currency.

[FR Doc. 01–16329 Filed 6–29–01; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–261–AD; Amendment

39–12297; AD 2001–13–16]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A310 and Model A300 B4–600, A300

B4–600R, and A300 F4–600R

(Collectively Called A300–600) Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Model A310 and

Model A300 B4–600, A300 B4–600R,

and A300 F4–600R (collectively called

A300–600) series airplanes, that

requires replacement of the ejection jack

on the ram air turbine (RAT). The

actions specified by this AD are

intended to prevent the ejection jack on

the RAT from failing when the RAT is

deployed at high airspeeds, leading to a

loss of ability to properly restrain the

movement of the RAT, possibly

resulting in damage to the RAT itself

and to other airplane components. In

the event of an emergency, failure of the

ejection jack on the RAT could also

result in a reduction of hydraulic

pressure or electrical power on the

airplane. This action is intended to

address the identified unsafe condition.

DATES: Effective August 6, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 6,

2001.

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34799

ADDRESSES: The service information

referenced in this AD may be obtained

from from Airbus Industrie, 1 Rond

Point Maurice Bellonte, 31707 Blagnac

Cedex, France. 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: Dan

Rodina, Aerospace Engineer, ANM–116,

FAA, Transport Airplane Directorate,

1601 Lind Ave., SW., Renton,

Washington 98055–4056; telephone

(425) 227–2125; fax (425) 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 Airbus

Model A310 and Model A300 B4–600,

A300 B4–600R, and A300 F4–600R

(collectively called A300–600) series

airplanes was published in the Federal

Register on February 14, 2001 (66 FR

10234). That action proposed to require

replacement of the ejection jack on the

ram air turbine (RAT).

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter generally supports

the proposed rule, but requests credit

for accomplishment of the modification

in accordance with the original issue of

the service bulletins. The FAA agrees

and has added a new NOTE 2 giving

such credit.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

described previously. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 117 Model

A310 and Model A300 B4–600, A300

B4–600R, and A300 F4–600R

(collectively called A300–600) series

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 6 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. There will be no

charge for required parts. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $42,120

or $360 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. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

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 the following new airworthiness

directive:

2001–13–16 Airbus Industrie: Amendment

39–12297. Docket 2000–NM–261–AD.

Applicability: Model A310 and Model

A300 B4–600, A300 B4–600R, and A300 F4–

600R (collectively called A300–600) series

airplanes; certificated in any category, except

for airplanes on which Airbus Modification

12259 has been embodied.

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 (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 the ejection jack on the ram air

turbine (RAT) from failing when the RAT is

deployed at high airspeeds, leading to a loss

of ability to properly restrain the movement

of the RAT, possibly resulting in damage to

the RAT itself and to other airplane

components and in reduced hydraulic

pressure or electrical power, if such failure

occurs during an emergency, accomplish the

following:

Modification

(a) Within 34 months after the effective

date of this AD: Modify the RAT per Airbus

Service Bulletin A310–29–2086, Revision 01

(for Model A310 series airplanes), or A300–

29–6048, Revision 01 (for Model A300–600

series airplanes), both dated July 12, 2000, as

applicable.

Note 2: Modification of the RAT

accomplished prior to the effective date of

this AD in accordance with Airbus Service

Bulletin A300–29–6048 or Airbus Service

Bulletin A310–29–2086, both dated April 6,

2000, as applicable, is considered acceptable

for compliance with the action specified in

paragraph (a) of this AD.

(b) As of the effective date of this AD, no

person shall install on any airplane an

ejection jack, part number 730820, unless it

has been modified per paragraph (a) of this

AD.

Note 3: The Airbus service bulletins refer

to Hamilton Sundstrand Service Bulletin No.

ERPS03/04EJ–29–1, as an additional source

of service information for accomplishment of

the modification of the RAT and testing of

the modified RAT.

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

34800 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

used if approved by the Manager,

International Branch, ANM–116, Transport

Airplane Directorate, FAA. 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 4: 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 modification shall be done in

accordance with Airbus Service Bulletin

A300–29–6048, Revision 01, dated July 12,

2000; or Airbus Service Bulletin A310–29–

2086, Revision 01, dated July 12, 2000; as

applicable. 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 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.

Note 5: The subject of this AD is addressed

in French airworthiness directive 2000–284–

317(B), dated July 12, 2000.

Effective Date

(f) This amendment becomes effective on

August 6, 2001.

Issued in Renton, Washington, on June 21,

2001.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–16201 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–194–AD; Amendment

39–12299; AD 2001–13–17]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 B2 and A300 B4; A300 B4–600,

B4–600R, and F4–600R (Collectively

Called A300–600); and A310 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Airbus Model A300 B2

and A300 B4; A300 B4–600, B4–600R,

and F4–600R (collectively called A300–

600); and A310 series airplanes. This

action requires revising the Airplane

Flight Manual to advise the flight crew

of appropriate procedures to follow in

the event of lost or erroneous airspeed

indications. This action is necessary to

prevent inadvertent excursions outside

the normal flight envelope. This action

is intended to address the identified

unsafe condition.

DATES: Effective July 17, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 17,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

August 1, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

194–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9-anmiarcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2001–NM–194–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined 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.

FOR FURTHER INFORMATION CONTACT:

Tamra Elkins, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2669;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, notified the FAA

that an unsafe condition may exist on

all Airbus Model A300 B2 and A300 B4;

A300 B4–600, B4–600R, and F4–600R

(collectively called A300–600); and

A310 series airplanes. The DGAC

advises that. Lost or erroneous airspeed

indications could result in lack of

sufficient information for the flight crew

to safely operate the airplane, and

consequent inadvertent excursions

outside the normal flight fenvelope.

Explanation of Relevant Service

Information

Airbus has issued the following

Temporary Revisions (TRs) to the FAAapproved A300, A300–600, and A310

Airplane Flight Manuals (AFMs). The

TRs provide updated procedures for the

flight crew to follow in the event of lost

or erroneous airspeed indications. The

TRs are listed in the following table:

Model/series Engine TR No. Date

A300 .......................................... GE CF6–50C 4.02.00/08 April 25, 2001.

A300 .......................................... GE CF6–50C2/C2R 4.02.00/09 April 26, 2001.

A300–600 .................................. GE CF6–80C2 4.02.00/11 March 21, 2000.

A300–600 .................................. PW 4000 4.02.00/13 March 28, 2000.

A310 .......................................... GE CF6–80A3 4.02.00/11 March 21, 2000.

A310 .......................................... GE CF6–80C2 4.02.00/12 March 22, 2000.

A310 .......................................... PW JT9D–7R4 4.02.00/13 March 23, 2000.

A310 .......................................... PW 4000 4.02.00/14 March 24, 2000.