Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34767

ALTERNATIVE ONE

§ 327.37 Attribution of transferred

deposits.

This section explains the attribution

of deposits to the BIF and the SAIF

when one insured depository institution

(acquiring institution) acquires deposits

from another insured depository

institution (transferring institution). For

the purpose of determining whether the

assumption of deposits (assumption

transaction) constitutes a transaction

undertaken pursuant to section 5(d)(3)

of the Federal Deposit Insurance Act,

and for the purpose of computing the

adjusted attributable deposit amounts, if

any, of the acquiring and the

transferring institutions after the

transaction:

(a) Transferring institution—(1)

Transfer of primary-fund deposits. To

the extent that the aggregate volume of

deposits that is transferred by a

transferring institution in a transaction,

or in a related series of transactions,

does not exceed the volume of deposits

that is insured by its primary fund

(primary-fund deposits) immediately

prior to the transaction (or, in the case

of a related series of transactions,

immediately prior to the initial

transaction in the series), the transferred

deposits shall be deemed to be insured

by the institution’s primary fund. The

primary institution’s volume of primaryfund deposits shall be reduced by the

aggregate amount so transferred.

(2) Transfer of secondary-fund

deposits. To the extent that the aggregate

volume of deposits that is transferred by

the transferring institution in a

transaction, or in a related series of

transactions, exceeds the volume of

deposits that is insured by its primary

fund immediately prior to the

transaction (or, in the case of a related

series of transactions, immediately prior

to the initial transaction in the series),

the following volume of the deposits so

transferred shall be deemed to be

insured by the institution’s secondary

fund (secondary-fund deposits): the

aggregate amount of the transferred

deposits minus that portion thereof that

is equal to the institution’s primaryfund deposits. The transferring

institution’s volume of secondary-fund

deposits shall be reduced by the volume

of the secondary-fund deposits so

transferred.

(b) Acquiring institution. The deposits

shall be deemed, upon assumption by

the acquiring institution, to be insured

by the same fund or funds in the same

amount or amounts as the deposits were

so insured immediately prior to the

transaction.

ALTERNATIVE TWO

§ 327.37 Attribution of transferred

deposits.

This section explains the attribution

of deposits to the BIF and the SAIF

when one insured depository institution

(acquiring institution) assumes the

deposits from another insured

depository institution (transferring

institution). On and after January 1,

1997, for the purpose of determining

whether the assumption of deposits

constitutes a transaction undertaken

pursuant to section 5(d)(3) of the

Federal Deposit Insurance Act, and for

the purpose of computing the adjusted

attributable deposit amounts, if any, of

the acquiring and the transferring

institutions after the transaction:

(a) Attribution of the deposits as to the

transferring institution. The deposits

shall be attributed to the primary and

secondary funds of the transferring

institution in the same ratio as the

transferring institution’s total deposits

were so attributed immediately prior to

the deposit-transfer transaction. The

transferring institution’s stock of BIFinsured deposits and of SAIF-insured

deposits shall each be reduced in the

appropriate amounts.

(b) Attribution of deposits as to the

acquiring institution. Upon assumption

by the acquiring institution, the deposits

shall be attributed to the same insurance

funds in the same amounts as the

deposits were so attributed immediately

prior to the transaction. The acquiring

institution’s stock of BIF-insured

deposits and of SAIF-insured deposits

shall each be increased in the

appropriate amounts.

(c) Ratio fixed at start of quarter. For

the purpose of determining the ratio

specified in paragraph (a) of this

paragraph for any transaction:

(1) In general. The ratio shall be

determined at the beginning of the

quarter in which the transaction occurs.

Except as provided in paragraph (c)(2)

of this section, the ratio shall not be

affected by changes in the transferring

institution’s deposit base.

(2) Prior acquisitions by a transferring

institution. If the transferring institution

acquires deposits after the start of the

quarter but prior to the transaction, the

deposits so acquired shall be added to

the transferring institution’s deposit

base, and shall be attributed to the

transferring institution’s primary and

secondary funds in accordance with this

section.

By order of the Board of Directors.

Dated at Washington, DC, this 17th day of

June 1996.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Deputy Executive Secretary.

[FR Doc. 96–16349 Filed 7–2–96; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–266–AD]

RIN 2120–AA64

Airworthiness Directives; De Havilland

Model DHC–8–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

revise an existing airworthiness

directive (AD), applicable to certain de

Havilland Model DHC–8 series

airplanes, that currently requires clearly

marking the location and means of

entering the lavatory. That AD was

prompted by reports of passengers

mistaking the airstair door operating

handle for the means of gaining access

to the lavatory. The actions specified by

that AD are intended to prevent

inadvertent opening of the airstair door

and consequent depressurization of the

airplane. This action would limit the

applicability of the rule to fewer

airplanes.

DATES: Comments must be received by

July 29, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

266–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

Bombardier, Inc., Bombardier Regional

Aircraft Division, Garratt Boulevard,

Downsview, Ontario, Canada M3K 1Y5.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Marc Goldstein, Aerospace Engineer,

Systems and Equipment Branch, ANE–

172, FAA, New York Aircraft

Certification Office, Engine and
34768 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7513; fax

(516) 568–2716.

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.

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–266–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–266–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On April 22, 1988, the FAA issued

AD 88–09–05, amendment 39–5908 (53

FR 15363, April 29, 1988), applicable to

certain de Havilland Model DHC–8–100

series airplanes, to require clearly

marking the location and means of

entering the lavatory. That action was

prompted by reports of passengers

mistaking the airstair door operating

handle for the means of gaining access

to the lavatory. The requirements of that

AD are intended to prevent inadvertent

opening of the airstair door and

consequent depressurization of the

airplane.

Explanation of Relevant Service

Information

Since the issuance of that AD, de

Havilland has issued Revision ‘B’, dated

July 1, 1988, and Revision ‘C’, dated

September 29, 1995, of Service Bulletin

S.B. 8–11–14. The modification

procedures (Modification 8/0757)

specified in these revisions are

essentially identical to Revision ‘A’ of

the service bulletin, which was

referenced in AD 88–09–05 as the

appropriate source of service

information. However, the effectivity

listing in Revisions ‘B’ and ‘C’ has been

revised to eliminate certain airplanes on

which Modification 8/0757 was

installed during production; therefore,

these airplanes are not affected by the

addressed unsafe condition. The

modification clearly marks the location

and means of entering the lavatory.

Transport Canada Aviation, which is

the airworthiness authority for Canada,

classified these service bulletins as

mandatory and issued Canadian

airworthiness directive CF–87–07R1,

dated June 30, 1995, in order to assure

the continued airworthiness of these

airplanes in Canada.

FAA’s Conclusions

This airplane model is manufactured

in Canada 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 Transport Canada Aviation has kept

the FAA informed of the situation

described above. The FAA has

examined the findings of the Transport

Canada Aviation, 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.

Explanation of Requirements of

Proposed Rule

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 revise

AD 88–09–05 to continue to require

clearly marking the location and means

of entering the lavatory. This action

would limit the applicability of the

existing AD to fewer airplanes.

Cost Impact

There are approximately 30 de

Havilland Model DHC–8–100 series

airplanes of U.S. registry that would be

affected by this proposed AD.

Since this proposed AD merely

deletes airplanes from the applicability

of the rule, it would add no additional

costs, and would require no additional

work to be performed by affected

operators. The current costs associated

with this proposed rule are reiterated

below for the convenience of affected

operators:

The actions that are currently

required by AD 88–09–05, and retained

in this proposal, take approximately 1

work hour per airplane to accomplish,

at an average labor rate of $60 per work

hour. Required parts are supplied by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

on U.S. operators of the actions

currently required is estimated to be

$1,800, or $60 per airplane.

Regulatory Impact

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:
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34769

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–5908 (53 FR

15363, April 29, 1988), and by adding

a new airworthiness directive (AD), to

read as follows:

De Havilland, Inc.: Docket 95–NM–266–AD.

Revises AD 88–09–05, Amendment 39–

5908.

Applicability: Model DHC–8 series

airplanes, serial numbers 3 through 79,

inclusive; on which Modification 8/0757 has

not been installed; 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 request approval for an

alternative method of compliance in

accordance with paragraph (b) 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 inadvertent opening of the

airstair door and consequent

depressurization of the airplane, accomplish

the following:

(a) Within 60 days after June 10, 1988 (the

effective date of AD 88–09–05, amendment

39–5908), replace the labels marking the

location and means of opening the lavatory,

in accordance with the Accomplishment

Instructions of de Havilland Service Bulletin

8–11–14, Revision ‘A’, dated July 31, 1987.

Note 2: Replacement accomplished in

accordance with de Havilland Service

Bulletin 8–11–14, Revision ‘B’, dated July 1,

1988, or Revision ‘C’, dated September 29,

1995, is considered acceptable for

compliance with this paragraph.

(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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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 June 27,

1996.

S. R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–16952 Filed 7–2–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 96–AGL–11]

Establishment of Class E Airspace;

Miller, SD

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

establish Class E airspace at Miller

Municipal Airport, Miller, SD, to

accommodate a Nondirectional Radio

Beacon (NDB) to serve Runway 15.

Controlled airspace extending upward

from 700 to 1200 feet above ground

level (AGL) is needed to contain aircraft

executing the approach. The intended

effect of this proposal is to provide

segregation of aircraft using instrument

approach procedures in instrument

conditions from other aircraft operating

in visual weather conditions.

DATES: Comments must be received on

or before August 5, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, AGL–7, Rules

Docket No. 96–AGL–11, 2300 East

Devon Avenue, Des Plaines, Illinois

60018.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 East Devon

Avenue, Des Plaines, Illinois. An

informal docket may also be examined

during normal business hours at the Air

Traffic Division, Operations Branch,

Federal Aviation Administration, 2300

East Devon Avenue, Des Plaines,

Illinois.

FOR FURTHER INFORMATION CONTACT: John

A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

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. 96–

AGL–11.’’ 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, FAA,

Great Lakes Region, Office of the

Assistant Chief Counsel, 2300 East

Devon Avenue, Des Plaines, Illinois,

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 the

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–230, 800 Independence

Avenue, S.W., Washington, DC 20591,

or by calling (202) 267–3484.

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 E airspace at Miller

Municipal Airport, Miller, SD to

accommodate a Nondirectional Radio

Beacon to serve Runway 15. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed to contain

aircraft executing the approach. The

intended affect of this action is to

provide segregation of aircraft using

instrument approach procedures in

instrument conditions from other