Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules 66527

time to time, taking into account then

existing market practices, exempt by

order from the requirements of

paragraph (a) of SEC Rule 15c6–1, 17

CFR 240.15c6–1, either unconditionally

or on specified terms and conditions, if

the SEC determines that an exemption

is consistent with the public interest

and the protection of investors.

(c) Paragraph (a) of this section shall

not apply to contracts for the sale for

cash of securities that are priced after

4:30 p.m. Eastern time on the date the

securities are priced and that are sold by

an issuer to an underwriter pursuant to

a firm commitment underwritten

offering registered under the Securities

Act of 1933, 15 U.S.C. 77a et seq., or

sold to an initial purchaser by a national

bank participating in the offering

provided that a national bank shall not

effect or enter into a contract for the

purchase or sale of the securities that

provides for payment of funds and

delivery of securities later than the

fourth business day after the date of the

contract unless otherwise expressly

agreed to by the parties at the time of

the transaction.

(d) For purposes of paragraphs (a) and

(c) of this section, the parties to a

contract shall be deemed to have

expressly agreed to an alternate date for

payment of funds and delivery of

securities at the time of the transaction

for a contract for the sale for cash of

securities pursuant to a firm

commitment offering if the managing

underwriter and the issuer have agreed

to the date for all securities sold

pursuant to the offering and the parties

to the contract have not expressly

agreed to another date for payment of

funds and delivery of securities at the

time of the transaction.

Interpretations

§ 12.101 National bank disclosure of

remuneration for mutual fund transactions.

A national bank may fulfill its

obligation to disclose information on the

source and amount of remuneration,

required by § 12.4(a)(2) and (b), for

mutual fund transactions by providing

this information to the customer in a

current prospectus, at or before

completion of the securities transaction.

The OCC’s view is consistent with the

position of the Securities and Exchange

Commission (SEC) as provided in a noaction letter dated March 19, 1979,

which permits confirmations for mutual

funds merely to refer to the sales load

disclosed in the prospectus. See Letter

to the Investment Company Institute,

(1979 Transfer Binder) Fed. Sec. L. Rep.

(CCH) 82041 (Mar. 19, 1979). The OCC

would reconsider its position upon any

change in the SEC’s practice.

§ 12.102 National bank use of electronic

communications as customer notifications.

(a) In appropriate situations, a

national bank may satisfy the ‘‘written’’

notification requirement under §§ 12.4

and 12.5 through electronic

communications. Where a customer has

a facsimile machine, a national bank

may fulfill its notification delivery

requirement by sending the notification

by facsimile transmission. Similarly, a

bank may satisfy the notification

delivery requirement by other electronic

communications when:

(1) The parties agree to use electronic

instead of hard-copy notifications;

(2) The parties have the ability to

print or download the notification;

(3) The recipient affirms or rejects the

trade through electronic notification;

(4) The system cannot automatically

delete the electronic notification; and

(5) Both parties have the capacity to

receive electronic messages.

(b) The OCC would consider the

permissibility of other situations using

electronic notifications on a case-bycase basis.

Dated: December 7, 1995.

Eugene A. Ludwig,

Comptroller of the Currency.

[FR Doc. 95–30970 Filed 12–21–95; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–142–AD]

Airworthiness Directives; Beech

(Raytheon) Model BAe 125–800A and

Hawker 800 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 Beech (Raytheon) Model BAe

125–800A and Hawker 800 series

airplanes. This proposal would require

a detailed visual inspection of the fuel

feed hose assemblies of the auxiliary

power unit (APU) to detect overheating,

degradation, proper routing, and

adequate clearance; and the correction

of any discrepancies found. This

proposal is prompted by reports of heat

damage to the fuel feed hose assembly

of the APU due to contact between the

hose assembly and hot surfaces. The

actions specified by the proposed AD

are intended to prevent such heat

damage, which could lead to a possible

fire/smoke hazard when failure of the

hose assembly occurs and subsequent

fuel mist or spray is emitted into the

rear equipment bay.

DATES: Comments must be received by

January 30, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

142–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

Raytheon Aircraft Company, Manger

Service Engineering, Hawker Customer

Support Department, P.O. Box 85,

Wichita, Kansas 67201–0085. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; 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

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.
66528 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules

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–142–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–142–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, recently notified

the FAA that an unsafe condition may

exist on certain Beech (Raytheon) Model

BAe 125–800A and Hawker 800 series

airplanes. The CAA advises that it has

received reports of heat damage to the

fuel feed hose assembly of the auxiliary

power unit (APU). The cause of such

heat damage has been attributed to

contact between the hose assembly and

hot surfaces. This condition, if not

corrected, could lead to a possible fire/

smoke hazard if failure of the hose

assembly occurs and fuel mist or spray

is subsequently emitted into the rear

equipment bay.

The manufacturer has issued Service

Bulletin SB. 49–45, dated May 15, 1995.

The service bulletin describes

procedures for a detailed visual

inspection to detect overheating or

degradation of the hose assemblies; to

verify proper routing of fuel feed hose

assembly of the APU; and to verify if

adequate clearance (0.5 inch) exists

between the hose assembly and the lefthand mixer valve/main air valve

assemblies and associated hot air

ducting. The service bulletin also

provides procedures for the correction

of any discrepancies found during the

inspection. The CAA classified this

service bulletin as mandatory in order to

assure the continued airworthiness of

these airplanes in the United Kingdom.

This airplane model is manufactured

in the United Kingdom 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 CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

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, the proposed AD would

require a detailed visual inspection to

detect overheating or degradation of the

hose assemblies; to verify proper routing

of fuel feed hose assembly of the APU;

and to verify if adequate clearance (0.5

inch) exists between the hose assembly

and the left-hand mixer valve/main air

valve assemblies and associated hot air

ducting. It also would require the

correction of any discrepancies prior to

further flight. The actions would be

required to be accomplished in

accordance with the service bulletin

described previously.

The FAA estimates that 70 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 2 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the proposed

AD on U.S. operators is estimated to be

$8,400, or $120 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:

Beech Aircraft Company (Raytheon Aircraft

Company): Docket 95–NM–142–AD.

Applicability: Model BAe 125–800A

(including military variants C–29A and U–

125) and Hawker 800 series airplanes,

constructor’s numbers 8091 and subsequent;

equipped with Turbomach auxiliary power

unit (APU) (Modification 259404B);

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 (b) 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 heat damage to the fuel feed

hose assemblies of the auxiliary power unit

(APU), which could lead to a possible fire/

smoke hazard if failure of the hose assembly

occurs and fuel mist or spray is subsequently

emitted into the rear equipment bay,

accomplish the following:

(a) Within 75 days after the effective date

of this AD, perform a detailed visual

inspection to detect overheating or

degradation of the hose assemblies; to verify

proper routing of fuel feed hose assembly of

the auxiliary power unit (APU); and to verify

if adequate clearance (0.5 inch) exists

between the hose assembly (outlet from the

fuel pump box of the APU) and the left-hand
Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules 66529

mixer valve/main air valve assemblies and

associated hot air ducting; in accordance

with Hawker Service Bulletin SB. 49–45,

dated May 15, 1995.

(1) If no discrepancy is detected, no further

action is required by this AD.

(2) If any overheating or degradation is

detected, prior to further flight, replace the

hose assembly with a new assembly,

ensuring proper clearance and routing exists,

in accordance with the service bulletin.

(3) If any hose assembly is improperly

routed, prior to further flight, re-route the

assembly maintaining proper clearance, in

accordance with the service bulletin.

(4) If the clearance of the hose assembly is

inadequate and the hose assembly is properly

routed, prior to further flight, adjust the hose

assembly to achieve the 0.5-inch clearance,

in accordance with the service bulletin.

(b) 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.

(c) 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 18, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–31189 Filed 12–21–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 95–AWP–38]

Proposed Establishment of Class D

and E Airspace Areas; Saipan Island,

CQ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

establish Class D and E airspace areas at

Saipan Island, CQ. The Class D airspace

area would be established because an

airport traffic control tower (ATCT) at

Saipan International Airport, Saipan

Island, CQ, has been commissioned. The

FAA is proposing to establish the Class

E airspace area to provide adequate

controlled airspace for aircraft executing

instrument approach operations at

Saipan International Airport.

DATES: Comments must be received on

or before February 2, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, AWP–500, Docket No.

95–AWP–38, Federal Aviation

Administration, P. O. Box 92007,

Worldway Postal Center, Los Angeles,

CA 90009.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

Patricia Crawford, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone: (202)

267–3075.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 95–

AWP–38.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–220, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Class D and E airspace areas at

Saipan Island, CQ. The Class D airspace

area would be established because an

ATCT at Saipan International Airport,

Saipan Island, CQ, has been

commissioned. The FAA is proposing to

establish the Class E airspace area to

provide adequate controlled airspace for

aircraft executing instrument approach

operations at Saipan International

Airport. Class D and E airspace

designations are published in

paragraphs 5000 and 6004, respectively,

of FAA Order 7400.9C dated August 17,

1995, and effective September 16, 1995,

which is incorporated by reference in 14

CFR 71.1. The Class D and E airspace

designations listed in this document

would be published subsequently in

this Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current. It,

therefore—(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) does not warrant

preparation of a regulatory evaluation as

the anticipated impact is so minimal.

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.