63470 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 USC 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Fokker: Docket 95–NM–99–AD.

Applicability: Model F28 Mark 0100 series

airplanes equipped with Dowty Aerospace

Hydraulics main landing gear (MLG)

downlock actuators having part number (P/

N) 201218001, 201218002, 201218003, or

201218004, all serial numbers; 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 use the authority

provided in paragraph (d) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent jamming of the MLG downlock

actuator and a potential gear-up landing,

accomplish the following:

(a) Within 2 months after the effective date

of this AD, and thereafter at intervals not to

exceed 1,250 landings: Perform an inspection

to verify correct operation of the MLG

downlock actuator having P/N 201218001,

201218002, 201218003, or 201218004, all

serial numbers, in accordance with Fokker

Service Bulletin SBF100–32–072, dated

March 30, 1993, and Dowty Aerospace

Hydraulics Service Bulletin F100–32–505,

Revision 1, dated April 16, 1993.

(1) If the MLG downlock actuator operates

as specified in the inspection procedure

contained in the Accomplishment

Instructions of Dowty Aerospace Hydraulics

Service Bulletin F100–32–505, Revision 1,

dated April 16, 1993, prior to further flight,

record the accomplishment of the inspection

on the unit nameplate in accordance with the

Dowty Aerospace Hydraulics service

bulletin. Following accomplishment of each

subsequent inspection required by this AD,

record the accomplishment of the inspection

in accordance with the requirement of this

paragraph.

(2) If any MLG downlock actuator does not

operate as specified in the inspection

procedure contained in the Accomplishment

Instructions of Dowty Aerospace Hydraulics

Service Bulletin F100–32–505, Revision 1,

dated April 16, 1993, prior to further flight,

replace the downlock actuator with a

serviceable unit, in accordance with Chapter

32–32–05 of the Aircraft Maintenance

Manual. Thereafter, perform repetitive

inspections of the replacement unit in

accordance with paragraph (a) of this AD

until the replacement required by paragraph

(b) of this AD is accomplished.

(b) Within 9 months after the effective date

of this AD, replace any MLG downlock

actuator having P/N 201218001, 201218002,

201218003, or 201218004, any serial number,

with an improved unit having P/N

201218005, 201218006, 201218007, or

201218008, respectively; in accordance with

Fokker Service Bulletin SBF100–32–074,

dated July 21, 1993, and Dowty Aerospace

Hydraulics Service Bulletin F100–32–506,

dated June 9, 1993. Accomplishment of this

replacement constitutes terminating action

for the repetitive inspections required by

paragraph (a) of this AD.

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

person shall install on any airplane a MLG

downlock actuator having P/N 201218001,

201218002, 201218003, or 201218004, any

serial number.

(d) 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,

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.

(e) 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.

Issued in Renton, Washington, on

December 5, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30075 Filed 12–8–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–86–AD]

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Fokker Model F28 Mark 0100

series airplanes. This proposal would

require inspection(s) to verify that the

position indicator of the fuel balance

transfer valve (FBTV) is in the closed

position, and closing the FBTV, if

necessary; and deactivation of the fuel

balance transfer system (FBTS). This

proposal is prompted by a report that,

under certain failure conditions, the

actuator of the FBTV could remain in

the open position without a flight deck

indication. The actions specified by the

proposed AD are intended to ensure that

the FBTV is not in the open position

during flight, which could lead to the

reduction of fuel supply to the engines

during cross-feed operation and

consequent engine fuel starvation.

DATES: Comments must be received by

January 22, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

86–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Aircraft USA, Inc., 1199 North

Fairfax Street, Alexandria, Virginia

22314. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim

Dulin, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2141; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules 63471

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–86–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

95–NM–86–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, recently notified the

FAA that an unsafe condition may exist

on certain Fokker Model F28 Mark 0100

series airplanes. The RLD advises that it

has received a report that, under certain

failure conditions, the actuator of the

fuel balance transfer valve (FBTV) could

remain in the open position after

maintenance without a flight deck

indication. The FBTV is part of the fuel

balance transfer system (FBTS) that

prevents inadvertent and uncontrolled

transfer of fuel. The FBTS is used

during maintenance activities to move

the center of gravity of the airplane

forward, as required, and allows fuel to

be transferred from the main tanks to

the center tanks through the cross-feed

system. If the FBTV remains in the open

position during flight, the fuel supply to

the engines during cross-feed operation

may be reduced, which could lead to

engine fuel starvation.

Fokker has issued Service Bulletin

SBF100–28–030, Revision 1, dated

December 5, 1994, which describes

procedures for inspection(s) to verify

that the position indicator of the FBTV

is in the closed position, and closing the

FBTV, if necessary; and deactivation of

the FBTS. For all airplanes, the

deactivation involves disconnecting the

power supply to the FBTV. In addition,

for certain airplanes, the deactivation

involves removing the FBTV actuator,

and installing a locking device. The RLD

classified this service bulletin as

mandatory and issued Dutch

airworthiness directive BLA 94–146 (A),

dated September 30, 1994, in order to

assure the continued airworthiness of

these airplanes in the Netherlands.

This airplane model is manufactured

in the Netherlands and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the RLD has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the RLD,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

inspection(s) to verify that the position

indicator of the FBTV is in the closed

position, and closing the FBTV, if

necessary; and deactivation of the FBTS.

The actions would be required to be

accomplished in accordance with the

service bulletin described previously.

The FAA estimates that 4 airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 4 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $250 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $1,960, or

$490 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 USC 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Fokker: Docket 95–NM–86–AD.

Applicability: Model F28 Mark 0100 series

airplanes, as listed in Fokker Service Bulletin

SBF100–28–030, Revision 1, dated December

5, 1994; 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 use the authority

provided in paragraph (c) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an
63472 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules

1The Commission previously made clear that

subject to certain conditions applicable to

transactions involving stock indexes and foreign

government debt, a rule 30.3 order would not be

necessary for transactions effected by U.S. futures

commission merchants (FCM) on behalf of foreign

customers. See 57 FR 36369 (August 13, 1992).

2Consistent with section 2(a)(1)(B) of the CEA,

this proposed rulemaking would not be applicable

to commodity options based on or involving a

foreign futures contract based on a foreign stock

index unless the foreign stock index futures

contract has been approved for offer or sale in the

United States through the issuance of a no-action

letter by the Commission’s Office of the General

Counsel. Further, this proposed rulemaking would

not be applicable to commodity options based on

a foreign government debt which has not been

designated as an exempted security under SEC rule

3a12–8.

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the reduction of fuel supply to

the engines during cross-feed operation,

which could lead to engine fuel starvation,

accomplish the following:

(a) After the effective date of this AD,

whenever the fuel balance transfer system

(FBTS) is used during maintenance, prior to

further flight, perform an inspection to verify

that the position indicator of the fuel balance

transfer valve (FBTV) is in the closed

position, in accordance with Fokker Service

Bulletin SBF100–28–030, Revision 1, dated

December 5, 1994. The inspection

requirements of this paragraph must be

accomplished until the deactivation required

by paragraph (b) of this AD is accomplished.

(1) If the position indicator is in the closed

position, no further action is required by this

paragraph.

(2) If the position indicator is in the open

position, close the FBTV in accordance with

the service bulletin.

(b) Within 90 days after the effective date

of this AD, deactivate the FBTS in

accordance with either Part 2 or Part 3 of the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–28–030, Revision 1,

dated December 5, 1994, as applicable.

Accomplishment of the deactivation

constitutes terminating action for the

repetitive inspection requirements of

paragraph (a) of this AD.

(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,

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.

(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.

Issued in Renton, Washington, on

December 5, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30076 Filed 12–8–95; 8:45 am]

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 30

Foreign Commodity Options

AGENCY: Commodity Futures Trading

Commission.

ACTION: Proposed rule.

SUMMARY: The Commodity Futures

Trading Commission (Commission or

CFTC) is proposing to amend rule 30.3

to eliminate the requirement that the

CFTC authorize the offer and sale of a

particular foreign commodity option

before it can be offered or sold in the

United States. This proposal reflects the

Commission’s assessment that the

continued treatment of foreign

commodity options differently from

foreign futures (which do not require a

specific authorization order) should be

reevaluated.

DATES: Comments must be submitted on

or before January 10, 1996.

ADDRESSES: Comments should be sent to

the Secretariat, Commodity Futures

Trading Commission, Three Lafayette

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

Washington, D.C. 20581. Reference

should be made to ‘‘Rule 30.3—Foreign

commodity options.’’

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) 418–5435.

SUPPLEMENTARY INFORMATION:

Background

Commission rule 30.3(a) of the

Commission’s Part 30 rules governing

the offer and sale of foreign futures and

option transactions makes it unlawful

for any person to engage in the domestic

offer or sale of any foreign commodity

option contract until the Commission,

by order, authorizes the foreign option

to be offered or sold in the United

States.1 A Commission order is not

required with respect to foreign futures.

However, an option on a foreign stockindex futures contract will not be

approved unless, among other things,

the Commission’s Office of the General

Counsel has issued a no-action letter

authorizing the offer and sale in the

United States of the underlying foreign

stock-index futures contract. In

addition, debt obligations of a foreign

country must be designated as an

exempted security by the SEC under its

rule 3a12–8, 17 CFR 240.3a12–8, before

a futures contract based on such debt

obligation (or an option on such a

futures contract) may be offered or sold

to a U.S. person.2

The Commission is proposing to

eliminate the specific authorization

requirement of rule 30.3 thereby

permitting, subject to existing

prohibitions with respect to stock index

futures and options and foreign

government debt futures and options

products, the offer and sale of foreign

commodity options in the same manner

as currently applies to the offer and sale

of foreign futures. The Commission

would, however, continue to monitor

the situation and take appropriate action

should it determine that U.S. investors,

or the Commission, are not able to

obtain appropriate information related

to the option transactions of a specific

exchange or are otherwise being

adversely affected by the rule change.

Moreover, the proposal would not affect

the existing regulatory requirements

applicable to the manner in which

appropriate products may be offered or

sold to U.S. persons, e.g., registration of

intermediaries, requirements related to

sales practices (including appropriate

disclosures), availability to the

Commission of books and records and

prohibitions on fraudulent activities.

The Commission’s determination to

propose modifications to the current

procedure of regulation 30.3(a) for

approval of foreign option products for

sale to U.S. persons is based on its

experiences with the regulations

governing options generally, and, in

particular, with the initial regulations

imposed on foreign options trading.

This proposal reflects the Commission’s

assessment that the continued treatment

of foreign commodity options

differently from foreign futures (which

do not require a specific authorization

order) should be reevaluated.

History of Options Regulation

The regulatory approach to

commodity options in the United States