AD 00-5732

12463 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations less than 30 days after publication in the Federal Register . Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES . All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter’s ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. 99–SW–76–AD.’’ The postcard will be date stamped and returned to the commenter. 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. The FAA has determined that notice and public comment are unnecessary in promulgating this regulation; therefore, it can be issued immediately to correct an unsafe condition in aircraft since none of these model helicopters are registered in the United States. The FAA has also determined that this regulation is not a ‘‘significant regulatory action’’ under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, 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, 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 a new airworthiness directive to read as follows: AD 2000–05–11 Eurocopter France: Amendment 39–11620. Docket No. 99– SW–76–AD. Applicability: Eurocopter France SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 helicopters, with tail rotor blades, part number (P/N) 3160S34.11.000.00, serial numbers (S/N) 23484 through 23493, installed, certificated in any category. Note 1: This AD applies to each helicopter 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 helicopters 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 before further flight, unless accomplished previously. To prevent failure of a tail rotor blade and subsequent loss of control of the helicopter, accomplish the following: (a) Remove each tail rotor blade, P/N 3160S34.11.000.00, S/N 23484 through 23493, upon reaching 400 hours time-in- service (TIS). Replace each blade with an airworthy tail rotor blade. (b) This AD revises the Limitations Section of the maintenance manual by establishing a new life limit of 400 hours TIS for the tail rotor blades. (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, Regulations Group, Rotorcraft Directorate, FAA. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Regulations Group. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Regulations Group. (d) Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter to a location where the requirements of this AD can be accomplished. (e) This amendment becomes effective on March 24, 2000. Note 3: The subject of this AD is addressed in Direction Generale De L’Aviation Civile (France) AD T1999–127–057(A); AD T1999– 128–060(A); and AD T1999–129–043(A), all dated March 25, 1999 and AD 1999–129– 043(A), AD 1999–127–057(A), and AD 1999– 128–060(A), all dated April 7, 1999. Issued in Fort Worth, Texas, on March 1, 2000. Eric Bries, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 00–5733 Filed 3–8–00; 8:45 am] BILLING CODE 4910–13–U DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 98–CE–88–AD; Amendment 39– 11621; AD 98–21–21 R1] RIN 2120–AA64 Airworthiness Directives; Bob Fields Aerocessories Inflatable Door Seals AGENCY : Federal Aviation Administration, DOT. ACTION : Final rule. SUMMARY : This amendment revises Airworthiness Directive (AD) 98–21–21, which currently requires deactivating the electric door seal inflation system for all aircraft equipped with Bob Fields Aerocessories inflatable door seals. Since issuance of that AD, the manufacturer has developed a modification that would allow these electric door seal inflation systems to remain in service, and the Federal VerDate 07<MAR>2000 12:18 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm07 PsN: 09MRR1

12464 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations Aviation Administration (FAA) has approved this modification. This AD requires incorporating this modification as a method of complying with the current AD, and will exclude those airplanes with manual door seal inflation systems from the AD requirements of de-activating the system. The actions specified by this AD are intended to prevent smoke and a possible fire in the cockpit caused by overheating of the electric door seal inflation systems, which could result in passenger injury. DATES : Effective May 1, 2000. ADDRESSES : Service information that relates to this AD may be obtained from Bob Fields Aerocessories, 340 East Santa Maria St., Santa Paula, California 93060; telephone: (805) 525–6236; facsimile: (805) 525–5286. This information may also be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98–CE–88–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. FOR FURTHER INFORMATION CONTACT : George Y. Mabuni, Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone: (562) 627–5341; facsimile: (562) 627– 5210. SUPPLEMENTARY INFORMATION : Events Leading to the Issuance of This AD A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all aircraft equipped with Bob Fields Aerocessories inflatable door seals that are installed in accordance with either the applicable Supplemental Type Certificate (STC) or through field approval was published in the Federal Register as a notice of proposed rulemaking (NPRM) on October 29, 1999 (64 FR 58359). The NPRM proposed to revise AD 98–21–21, Amendment 39– 10844 (63 FR 55321, October 15, 1998). AD 98–21–21 currently requires de- activating the electric door seal inflation system, fabricating and installing a placard specifying that the system is inoperative, and inserting a copy of the AD into the Limitations Section of the airplane flight manual (AFM). AD 98–21–21 only applies to those aircraft equipped with the Bob Fields Aerocessories inflatable door seals. With this in mind, the owner/operator also has the option of removing all provisions of the Bob Fields Aerocessories inflatable door seals installation, and installing original equipment manufacturer door seals or an FAA-approved equivalent that is of different design than the referenced Bob Fields Aerocessories inflatable door seals. The NPRM proposed to retain the requirements of the existing AD, would exclude those airplanes incorporating a manual inflatable door seal system from the system de-activation requirements, and would provide the option of incorporating one of the modifications referenced in Bob Fields Aerocessories Service Bulletin No. BFA–001, Date: November 3, 1998, as a method of accomplishing the AD. The NPRM was the result of the manufacturer developing a modification that would allow these electric door seal inflation systems to remain in service, and the Federal Aviation Administration (FAA) approved this modification. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA’s determination of the cost to the public. The FAA’s Determination After careful review of all available information related to the subject presented above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed. Cost Impact The FAA does not know the number of aircraft that have the affected electric door seal inflation systems installed. The FAA estimates that it will take approximately 3 workhours per airplane to accomplish the optional modifications that will allow these systems to be put back in service, at an average labor rate of approximately $60 an hour. Based on these figures, the total cost impact of the optional modification in this document on U.S. operators is estimated to be $180 per airplane aircraft equipped with Bob Fields Aerocessories inflatable door seals. Regulatory Impact These regulations 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, the FAA has 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 copy of the final 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. 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 removing Airworthiness Directive (AD) 98–21–1, Amendment 3910844 (63 FR 55321, October 15, 1998), and adding a new AD to read as follows: 98–21–21 R1 Bob Fields Aerocessories: Amendment 3911621; Docket No. 98– CE–88–AD; Revises AD 98–21–21, Amendment 39–10844. Applicability: Electric inflatable door seals, installed either in accordance with the applicable supplemental type certificate (STC) or through field approval, that are installed on, but not limited to, the following aircraft: VerDate 07<MAR>2000 17:58 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm01 PsN: 09MRR1

12465 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations Affected STC Make and model aircraft affected SA3735NM Cessna Models 170, 170A, and 170B Airplanes. SA4136WE Cessna Models 310, 310A, 310B, 310C, 310D, 310F, 310G, 310H, 310I, 310J, 310K, 310L, 310N, 310P, 310Q, 310R, T310P, T310Q, and T310R Airplanes. SA2226NM Cessna Models P210N and P210R Airplanes. SA3736NM Cessna Models 185, 185A, 185B, 185C, 185D, A185E, and A185F Airplanes. SA4177WE Cessna Models 175, 175A, 175B, and 175C Airplanes. SA4212WE Cessna Models 210, 210A, 210B, 210C, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 210L, 210M, 210N, T210F, T210G, T210H, T210J, T210K, T210L, T210M, T210N, 210–5 (205), and 210–5A (205A) Airplanes. SA4283WE Cessna Models 172, 172A, 172B, 172C, 172D, 172E, 172F, 172G, 172H, 172I, 172K, 172L, 172M, and 172N Airplanes. SA4284WE Cessna Models 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, and 180K Airplanes. SA4285WE Cessna Models 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, R182, and TR182 Airplanes. SA4286WE Cessna Models 206, P206, P206A, P206B, P206C, P206D, P206E, TP206A, TP206B, TP206C, TP206D, TP206E, U206, U206A, U206B, U206C, U206D, U206E, U206F, U206G, TU206A, TU206B, TU206C, TU206D, TU206E, TU206F, and TU206G Air- planes. SA4287WE Cessna Models 320, 320A, 320B, 320C, 320D, 320E, 320F, and 320–1 Airplanes. SA4180WE Raytheon (Beech) Models H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 35–33, 35–A33, 35–B33, 35–C33, 35–C33A, E33, E33A, E33C, F33, F33A, F33C, G33, 36, A36, A36TC, and B36TC Airplanes. SA4184WE Raytheon (Beech) Models 95, B95, B95A, E95, 95–55, 95–A55, 95–B55, 95–B55A, 95–B55B, 95–C55, D55, E55, 56TC, 58, and 58A Airplanes. SA4239WE Raytheon (Beech) Models 58P, 58PA, 58TC, and 58TCA Airplanes. SA4240WE Raytheon (Beech) Models 50, B50, C50, D50, D50A, D50B, D50C, D50E, D50E–5990, E50, F50, G50, H50, and J50 Airplanes. SA4282WE Raytheon (Beech) Models 35, A35, B35, C35, D35, E35, F35, G35, and 35R Airplanes. SA4178WE Mooney Models M20, M20A, M20C, M20D, M20E, M20F, M20G, M20J, and M20K Airplanes. SA4234WE The New Piper Aircraft, Inc. (Piper) Models PA–34–200, PA–34–200T, and PA–34–220T Airplanes. SA4179WE Piper Models PA–24, PA–24–250, PA–24–260, and PA–24–400 Airplanes. SA4235WE Piper Models PA–44–180 and PA–44–180T Airplanes. SA4236WE Piper Models PA–28–140, PA–28–150, PA–28–160, PA–28–180, PA–28–235, PA–28–151, PA28–181, PA–28–161, PA–28–236, PA–28–201T, PA–28S–160, PA–28S–180, PA–28R–180, PA–28R–200, PA–28R–201, PA–28R–201T, PA–28RT–201, and PA– 28RT–201T Airplanes. SA4237WE Piper Models PA–23, PA–23–160, PA–23–235, PA–23–250, and PA–E23–250 Airplanes. SA4238WE Piper Models PA–30, PA–39, and PA–40 Airplanes. SA4385WP Piper Models PA–31, PA–31–300, PA–31–325, and PA–31–350 Airplanes. SA4288WE Piper Models PA–32–260, PA–32–300, PA–32S–300, PA–32–301, PA–32–301T, PA–32R–300, PA–32R–301, PA–32R–301T, PA– 32RT300, and PA–32RT–300T Airplanes. SA2511NM Bellanca Models 17–30, 17–31, and 17–31TC Airplanes. SA2510NM Bellanca Models 17–30A, 17–31A, and 17–31ATC Airplanes. SA4316WE Wing Aircraft Company Model D–1 Airplanes. Note 1: This AD applies to each airplane identified in the preceding applicability provision that has the affected inflatable door seals installed, 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 (f) 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 in the body of this AD, unless already accomplished. To prevent smoke and a possible fire in the cockpit caused by overheating of the electric door seal inflation systems, which could result in passenger injury, accomplish the following: (a) Prior to further flight after October 30, 1998 (the effective date of AD 98–21–21), deactivate the electric door seal inflation system by accomplishing the following: (1) Disconnect the battery. (2) Locate the air pump and identify the power wire to the air pump. (3) Trace the power wire to its connection to the airplane’s original electrical power system. Disconnect the power wire at its attachment to the airplane’s electrical power system and stow the wire end. (4) For non-pressurized airplanes, fabricate a placard that incorporates the following words utilizing letters that are at least 0.10- inch in height, and install this placard on the instrument panel within the pilot’s clear view: ‘‘ELECTRIC DOOR SEAL INFLATION SYSTEM INOPERATIVE’’ (5) For pressurized airplanes or for airplanes that do not have an operating manual door seal inflation system, fabricate a placard that incorporates the following words utilizing letters that are at least 0.10- inch in height, and install this placard on the instrument panel within the pilot’s clear view: ‘‘ELECTRIC DOOR SEAL INFLATION SYSTEM INOPERATIVE. THIS AIRPLANE CAN ONLY BE OPERATED IN UNPRESSURIZED FLIGHT’’ (6) Reconnect the battery before returning to service. (b) Prior to further flight after October 30, 1998 (the effective date of AD 98–21–21), insert a copy of this AD into the Limitations Section of the airplane flight manual (AFM). Note 2: The prior to further flight compliance time of paragraphs (a) and (b) of this AD is being retained from AD 98–21–21. The only substantive difference between this AD and AD 98–21–21 is the addition of the alternative method of compliance referenced in paragraph (c) of this AD. Note 3: This AD only applies to those aircraft equipped with the Bob Fields Aerocessories inflatable door seals. With this in mind, the owner/operator also has the option of removing all provisions of the Bob Fields Aerocessories inflatable door seals installation, and installing original equipment manufacturer door seals or an FAA-approved equivalent that is of a different design than the referenced Bob Fields Aerocessories inflatable door seals. (c) One of the following actions may be accomplished as an alternative method of compliance to the requirements of paragraphs (a) and (b) of this AD. No further action is required by this AD as long as one of these configurations remains incorporated on the aircraft. (1) Modify the electric door seal inflation system in accordance with the procedures in Bob Fields Aerocessories Service Bulletin No. BFA–001, Date: November 3, 1998; or VerDate 07<MAR>2000 12:18 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm07 PsN: 09MRR1

12466 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations 1 Commission rules referred to herein are found at 17 CFR Ch. I (1999). 2 ‘‘Use of Electronic Signatures by Customers, Participants,’’ 64 FR 47151 (August 30, 1999). Readers may review the text of the Proposing Release in the Federal Register or at the Commission’s Internet web site (http:// www.cftc.gov). 3 Rule 1.3 contains definitions of terms generally applicable under the Commission’s rules. 4 See 64 FR 47151 at 47152–47153. 5 See 64 FR 47151 at 47152. 6 Since the publication date of the Proposing Release, the United States Senate and the House of Representatives have each passed bills aimed in whole or in part at facilitating the use of electronic signatures. The Senate passed S. 761 November 19, 1999, and the House passed H.R. 1714 on November 9, 1999. H.R. 1714 has been received by the Senate and was referred to the Senate Committee on Commerce, Science and Transportation on November 19, 1999. Neither bill has been enacted into law. (2) Install a manual door seal inflation system instead of an electric system. Aircraft with existing manual systems as of the effective date of this AD are excluded from the requirements of paragraphs (a) and (b) of this AD. (d) As of the effective date of this AD, no person may install, on any aircraft, a Bob Fields Aerocessories electric door seal inflation system unless the actions specified in Bob Fields Aerocessories Service Bulletin No. BFA–001, Date: November 3, 1998, are incorporated. (e) Special flight permits may be issued in accordance with §§ 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. (f) An alternative method of compliance or adjustment of the compliance times that provides an equivalent level of safety may be approved by the Manager, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Blvd., Lakewood, California 90712. (1) The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. (2) Alternative methods of compliance approved in accordance with AD 98–21–21 are considered approved as alternative methods of compliance for this AD. Note 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. (g) All persons affected by this directive may obtain copies of the document referred to herein upon request to Bob Fields Aerocessories, 340 East Santa Maria St., Santa Paula, California 93060; or may examine this document(s) at the FAA, Central Region, Office of the Regional Counsel, Room 506, 901 Locust, Kansas City, Missouri 64106. (h) This amendment revises AD 98–21–21, Amendment 39–10844. (i) This amendment becomes effective on May 1, 2000. Issued in Kansas City, Missouri, on March 2, 2000. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 00–5732 Filed 3–8–00; 8:45 am] BILLING CODE 4910–13–U COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 1 Use of Electronic Signatures of Customers, Participants and Clients of Registrants AGENCY : Commodity Futures Trading Commission. ACTION : Final rules. SUMMARY : The Commodity Futures Trading Commission (‘‘Commission’’ or ‘‘CFTC’’) is adopting new rules allowing the use of electronic signatures of lieu of handwritten signatures for certain purposes under the Commission’s rules. 1 This action is part of the Commission’s ongoing efforts to facilitate the use of electronic technology and media in the futures industry. EFFECTIVE DATE : March 9, 2000. FOR FURTHER INFORMATION CONTACT : Lawrence P. Patent, Associate Chief Counsel, or Christopher W. Cummings, Special Counsel, Division of Trading and Markets, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. Telephone (202) 418–5430. SUPPLEMENTARY INFORMATION : I. Introduction A. Background On August 30, 1999, the Commission published for comment proposed rules to permit futures commission merchants (‘‘FCMs’’), introducing brokers (‘‘IBs’’), commodity pool operators (‘‘CPOs’’) and commodity trading advisors (‘‘CTAs’’) to accept electronic signatures from their customers, pool participants and advisory clients, as the case may be, in lieu of manual signatures in each of those instances where the Commission’s rules require those registrants to obtain a signature on a document (the ‘‘Proposing Release’’). 2 As noted in the Proposing Release, this rulemaking was prompted by a request to interpret Commission rules to permit an FCM to accept, in lieu of a prospective customer’s manually signed, paper acknowledgment that he received and understood the risk disclosure statement specified in Rule 1.55, an electronic mail message to that effect on which the customer has typed his name. In considering that request the Commission determined that customers of FCMs and IBs, as well as commodity pool participants and clients of CTAs, should be permitted to use electronic signatures in those instances where Commission rules require the customer’s (or participant’s or client’s) manual signature. In furtherance of this determination, the Commission proposed defining the term ‘‘electronic signature’’ in new Rule 1.3(tt) 3 and authorizing the use of electronic signatures in new Rule 1.4. The Proposing Release recounted in some detail various provisions of the Commission’s rules that require registrants to obtain a signature, 4 and it noted that the actual steps taken to open an account (including the signing of the actual account agreement between a futures broker and its customer) are not directly covered by Commission rules. 5 Rather, as the Proposing Release explained, Commission rules address a number of ancillary aspects of the account opening process (including, for example, a signed acknowledgment of the receipt of a required disclosure). The Proposing Release also described efforts then pending in Congress and elsewhere to enact a legislative framework for the use of electronic and digital signatures in commercial and governmental transactions. 6 B. The Commenters The Commission received five comment letters in response to the Paperwork Release; two from futures industry trade organizations; one from a registered futures association; one from a registered FCM, and one from a corporate group including FCMs and CPOs. Although all of the commenters strongly agreed with the general intent of the rulemaking, each took issue with various aspects of the proposal. II. Response to the Comments Received A. General All of the commenters supported the proposed rulemaking in concept. They saw the proposal as a worthy effort to keep pace with technological developments. Two commenters suggested that the Commission pare down the proposed rule to a definition and a general authorization to use electronic signatures. Another suggestion was to withdrawn the rulemaking and issue an advisory in its stead. As detailed below, the Commission has determined to adopt the proposed definition of the term ‘‘electronic signature’’ in Rule 1.3(tt) VerDate 07<MAR>2000 12:18 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm07 PsN: 09MRR1