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15574 Federal Register / Vol. 70, No.

58 / Monday, March 28, 2005 / Rules and Regulations

605(b)), the OCC, Board, FDIC, and OTS OCC Executive Order 13132 is adopted as a joint final rule without
hereby certify that this joint final rule Determination change.
will not have a significant economic The OCC has determined that this Department of the Treasury
impact on a substantial number of small joint final rule does not have any
entities. The agencies expect that this Federalism implications, as required by Office of Thrift Supervision
joint final rule will not have significant Executive Order 13132. 12 CFR Chapter V
secondary or incidental effects on a
substantial number of small entities or List of Subjects
PART 563e—COMMUNITY
create any additional burden on small 12 CFR Part 25 REINVESTMENT
entities. This joint final rule merely
confirms that the joint interim rule, Community development, Credit, ■ Accordingly, the joint interim rule
which made a technical correction and Investments, National banks, Reporting amending 12 CFR part 563e, which was
conformed terminology in the current and recordkeeping requirements. published at 69 FR 41181 on July 8, 2004,
CRA regulations to terms and 12 CFR Part 228 is adopted as a joint final rule without
definitions already adopted by OMB, change.
Banks, Banking, Community
Census, and the Board, is final. Dated: February 14, 2005.
development, Credit, Investments,
Accordingly, a regulatory flexibility Julie L. Williams,
Reporting and recordkeeping
analysis is not required.
requirements. Acting Comptroller of the Currency.
OCC and OTS Executive Order 12866 By order of the Board of Governors of the
12 CFR Part 345
Determinations Federal Reserve System, March 2, 2005.
Banks, Banking, Community
The OCC and the OTS have Jennifer J. Johnson,
development, Credit, Investments,
determined that this joint final rule is Secretary of the Board.
Reporting and recordkeeping
not a significant regulatory action as requirements. Dated: March 18, 2005.
defined in Executive Order 12866. By Order of the Board of Directors of the
12 CFR Part 563e Federal Deposit Insurance Corporation.
OCC and OTS Unfunded Mandates
Reform Act of 1995 Determinations Community development, Credit, Robert E. Feldman,
Investments, Reporting and Executive Secretary.
Section 202 of the Unfunded recordkeeping requirements, Savings Dated: February 11, 2005.
Mandates Reform Act of 1995 associations. By the Office of Thrift Supervision.
(Unfunded Mandates Act) (2 U.S.C. James E. Gilleran,
Department of the Treasury
1532) requires that covered agencies
Director.
prepare a budgetary impact statement Office of the Comptroller of the
[FR Doc. 05–5983 Filed 3–25–05; 8:45 am]
before promulgating a rule that includes Currency
BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P;
any Federal mandate that may result in
12 CFR Chapter I 6720–01–P
the expenditure by State, local, and
tribal governments, in the aggregate, or PART 25—COMMUNITY
by the private sector, of $100 million or REINVESTMENT ACT AND DEPARTMENT OF TRANSPORTATION
more in any one year. If a budgetary INTERSTATE DEPOSIT PRODUCTION
impact statement is required, section REGULATIONS Federal Aviation Administration
205 of the Unfunded Mandates Act also
requires covered agencies to identify ■ Accordingly, the joint interim rule 14 CFR Part 39
and consider a reasonable number of amending 12 CFR part 25, which was
regulatory alternatives before published at 69 FR 41181 on July 8, 2004, [Docket No. FAA–2004–19757; Directorate
promulgating a rule. The OCC and OTS Identifier 2001–NM–273–AD; Amendment
is adopted as a joint final rule without 39–14024; AD 2005–06–04]
have determined that this joint final rule change.
will not result in expenditures by State, RIN 2120–AA64
local, and tribal governments, or by the Board of Governors of the Federal
private sector, of $100 million or more Reserve System Airworthiness Directives; British
in any one year. Accordingly, neither 12 CFR Chapter II Aerospace Model BAe 146 and Model
agency has prepared a budgetary impact Avro 146–RJ Series Airplanes
statement or specifically addressed the PART 228—COMMUNITY AGENCY: Federal Aviation
regulatory alternatives considered. REINVESTMENT (REGULATION BB) Administration (FAA), Department of
The Treasury and General Government ■ Accordingly, the joint interim rule Transportation (DOT).
Appropriations Act, 1999—Assessment amending 12 CFR part 228, which was ACTION: Final rule.
of Impact of Federal Regulation on published at 69 FR 41181 on July 8, 2004, SUMMARY: The FAA is superseding an
Families is adopted as a joint final rule without existing airworthiness directive (AD),
The FDIC has determined that this change. which applies to certain British
joint final rule will not affect family Federal Deposit Insurance Corporation Aerospace Model BAe 146 and Model
well-being within the meaning of Avro 146–RJ series airplanes. That AD
12 CFR Chapter III
section 654 of the Treasury and General currently requires a one-time
Government Appropriations Act, PART 345—COMMUNITY measurement of the thickness of the
enacted as part of the Omnibus REINVESTMENT outer links on the side stays of the main
Consolidated and Emergency landing gear (MLG), and related
Supplemental Appropriations Act of ■ Accordingly, the joint interim rule investigative and corrective actions as
1999, Public Law 105–277 (5 U.S.C. 601 amending 12 CFR part 345, which was necessary; and provides for replacement
note). published at 69 FR 41181 on July 8, 2004, of a thin outer link with a new or

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Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations 15575

serviceable part in lieu of certain related Transport Airplane Directorate, 1601 typographical error to eliminate any
investigative inspections. This new AD Lind Avenue, SW., Renton, Washington confusion to anyone who reads the
requires repetitive inspections for 98055–4056; telephone (425) 227–1175; proposed AD.
cracking of the outer links on the MLG fax (425) 227–1149. We agree with the commenter’s
side stays, and corrective actions if SUPPLEMENTARY INFORMATION: The FAA concern and acknowledge that the
necessary. This new action also expands proposed to amend part 39 of the typographical error did appear in the
the applicability, provides for optional Federal Aviation Regulations (14 CFR published versions of the proposed AD.
terminating action for the repetitive part 39) with an AD to supersede AD The Secondary Service Information
inspections, and reduces the repetitive 99–17–12, amendment 39–11260 (64 FR table is not restated in this AD, so no
inspection interval. This AD is 45870, August 23, 1999). The existing change is possible regarding this issue.
prompted by new crack findings on AD applies to certain British Aerospace
airplanes not subject to the existing AD, Model BAe 146 and Model Avro 146– Changes to This AD
and the determination that the profile RJ series airplanes. The proposed AD In order to comply with the service
gauge’s slipping over the outer link was published in the Federal Register information citation guidelines of the
profile is not a factor in the identified on December 1, 2004 (69 FR 69829), to Office of the Federal Register, we have
unsafe condition. We are issuing this require a one-time measurement of the revised Notes 2 and 3 of this AD. In
AD to prevent cracking of the outer thickness of the outer links on the side Note 2 we changed the citation from
links of the MLG side stays, which stays of the main landing gear (MLG), ‘‘BAE Inspection Service Bulletin
could result in failure of a side stay and and related investigative and corrective ISB.32–156’’ to ‘‘BAE Systems
consequent collapse of the landing gear. actions as necessary; and provides for (Operations) Limited Inspection Service
DATES: This AD becomes effective May replacement of a thin outer link with a Bulletin ISB.32–156, Revision 1, dated
2, 2005. new or serviceable part in lieu of certain July 3, 2001.’’ In Note 3 we made that
The incorporation by reference of a related investigative inspections. The same change; revised ‘‘32–162–
certain publication listed in the AD is proposed AD also expanded the 70657CD’’ to ‘‘SB.32–162–70657C.D;’’
approved by the Director of the Federal applicability of the existing AD, clarified that Messier-Dowty Repair
Register as of May 2, 2005. provided for optional terminating action Scheme 450187952 is included in
ADDRESSES: For service information
for the repetitive inspections, and Section 32–10–65 of the Messier-Dowty
identified in this AD, contact British reduced the repetitive inspection 201105001 and 201105002 Component
Aerospace Regional Aircraft American interval. Maintenance Manual, and Section 32–
Support, 13850 Mclearen Road, Comments 10–73 of the Messier-Dowty 201299001
Herndon, Virginia 20171. We provided the public the and 201299002 Component
Docket: The AD docket contains the opportunity to participate in the Maintenance Manual; and corrected the
proposed AD, comments, and any final development of this AD. We have manufacturer name and document
disposition. You can examine the AD considered the comment that has been number for SB.32–144.
docket on the Internet at http:// submitted on the proposed AD. Conclusion
dms.dot.gov, or in person at the Docket
Management Facility office between 9 Request To Correct Typographical We have carefully reviewed the
a.m. and 5 p.m., Monday through Error in Preamble available data, including the comment
Friday, except Federal holidays. The The commenter recommends the that has been submitted, and
Docket Management Facility office correction of a typographical error that determined that air safety and the
(telephone (800) 647–5227) is located on appears in the Secondary Service public interest require adopting the AD
the plaza level of the Nassif Building at Information table in the proposed AD. with the changes described previously.
the U.S. Department of Transportation, (That table is included in the Relevant We have determined that these changes
400 Seventh Street, SW., room PL–401, Service Information section of the will neither increase the economic
Washington, DC. This docket number is preamble of the proposed AD). The burden on any operator nor increase the
FAA–2004–19757; the directorate commenter notes that one of the column scope of the AD.
identifier for this docket is 2001–NM– headers references BAE Systems
273–AD. Costs of Compliance
(Operations) Limited Inspection Service
FOR FURTHER INFORMATION CONTACT: Bulletin ISB.32–1536, but that the The following table provides the
Todd Thompson, Aerospace Engineer, correct citation is ISB.32–156. The estimated costs for U.S. operators to
International Branch, ANM–116, FAA, commenter suggests correcting the comply with this proposed AD.

ESTIMATED COSTS
Average Number of
Action Work hours hourly labor Parts Cost per airplane U.S.-registered Fleet cost
rate airplanes

Inspection ....................... 1 $65 None .......... $65, per inspection cycle 60 $3,900, per inspection
cycle.

Authority for This Rulemaking Aviation Programs, describes in more ‘‘General requirements.’’ Under that
detail the scope of the Agency’s section, Congress charges the FAA with
Title 49 of the United States Code
authority. promoting safe flight of civil aircraft in
specifies the FAA’s authority to issue
We are issuing this rulemaking under air commerce by prescribing regulations
rules on aviation safety. Subtitle I,
the authority described in Subtitle VII, for practices, methods, and procedures
Section 106, describes the authority of
the FAA Administrator. Subtitle VII, Part A, Subpart III, Section 44701, the Administrator finds necessary for

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15576 Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations

safety in air commerce. This regulation Affected ADs dated May 29, 2001, as an additional source
is within the scope of that authority (b) This AD supersedes AD 99–17–12, of service information for the inspection.
because it addresses an unsafe condition amendment 39–11260 (64 FR 45870, August Optional Terminating Action
that is likely to exist or develop on 23, 1999).
(g) Relocation of each affected grease
products identified in this rulemaking Applicability nipple to the upper surface of the outer link
action. of the MLG side stays terminates the
(c) This AD applies to Model BAe 146 and
Regulatory Findings Avro 146–RJ series airplanes, certificated in repetitive inspection requirements of this
any category, having any side stay identified AD, if the relocation action is done in
We have determined that this AD will in Messier-Dowty Service Bulletin 146–32– accordance with paragraph 2.C. of the
not have federalism implications under 147, dated May 29, 2001. Accomplishment Instructions of BAE
Executive Order 13132. This AD will Systems (Operations) Limited Inspection
Unsafe Condition Service Bulletin ISB.32–156, Revision 1,
not have a substantial direct effect on
(d) This AD was prompted by new crack dated July 3, 2001.
the States, on the relationship between
findings on airplanes not subject to the Note 3: BAE Systems (Operations) Limited
the national government and the States,
existing AD, and the determination that the Inspection Service Bulletin ISB.32–156,
or on the distribution of power and profile gauge’s slipping over the outer link Revision 1, dated July 3, 2001; refers to BAE
responsibilities among the various profile is not a factor in the identified unsafe Systems (Operations) Limited Modification
levels of government. condition. We are issuing this AD to prevent Service Bulletin SB.32–162–70657C.D, dated
For the reasons discussed above, I cracking of the outer links of the MLG side September 26, 2001; Messier-Dowty Repair
certify that this AD: stays, which could result in failure of a side Scheme 450187952, included in Section 32–
stay and consequent collapse of the landing 10–65 of the Messier-Dowty 201105001 and
(1) Is not a ‘‘significant regulatory 201105002 Component Maintenance Manual,
gear.
action’’ under Executive Order 12866; and Section 32–10–73 of the Messier-Dowty
(2) Is not a ‘‘significant rule’’ under Compliance 201299001 and 201299002 Component
DOT Regulatory Policies and Procedures (e) You are responsible for having the Maintenance Manual; and British Aerospace
(44 FR 11034, February 26, 1979); and actions required by this AD performed within Service Bulletin SB.32–144, dated December
the compliance times specified, unless the 11, 1996; as additional sources of service
(3) Will not have a significant actions have already been done. information for accomplishment of the
economic impact, positive or negative, actions associated with the relocation
on a substantial number of small entities Inspection specified in paragraph (g) of this AD.
under the criteria of the Regulatory (f) At the applicable time specified in
paragraph (f)(1) or (f)(2) of this AD: Perform Parts Installation
Flexibility Act.
a detailed inspection for cracks of the outer (h) As of the effective date of this AD, no
We prepared a regulatory evaluation links on the MLG side stays, in accordance person may install on any airplane an MLG
of the estimated costs to comply with with the Accomplishment Instructions of side stay having a part number identified in
this AD. See the ADDRESSES section for BAE Systems (Operations) Limited paragraph 1.A. of Messier-Dowty Service
a location to examine the regulatory Inspection Service Bulletin ISB.32–156, Bulletin 146–32–147, dated May 29, 2001,
evaluation. Revision 1, dated July 3, 2001. Repair cracks unless that part has been inspected and all
before further flight in accordance with the applicable related investigative and
List of Subjects in 14 CFR Part 39 service bulletin. Thereafter, repeat the corrective actions have been performed in
Air transportation, Aircraft, Aviation inspection at intervals not to exceed 2,000 accordance with the requirements of this AD.
flight cycles, until the actions specified in
safety, Incorporation by reference, paragraph (g) of this AD have been done.
Alternative Methods of Compliance
Safety. Although the service bulletin specifies to
(AMOCs)
Adoption of the Amendment report certain information to the (i) The Manager, International Branch,
manufacturer, this AD does not require a ANM–116, Transport Airplane Directorate,
■ Accordingly, under the authority report. FAA, has the authority to approve AMOCs
(1) If the number of flight cycles for this AD, if requested in accordance with
delegated to me by the Administrator, the procedures found in 14 CFR 39.19.
accumulated on the side stay can be
the FAA amends 14 CFR part 39 as positively determined: Inspect before the
follows: Related Information
accumulation of 2,000 total flight cycles on
the side stay, or within 500 flight cycles after (j) British airworthiness directive 004–05–
PART 39—AIRWORTHINESS the effective date of this AD, whichever 2001 also addresses the subject of this AD.
DIRECTIVES occurs later. Material Incorporated by Reference
(2) If the number of flight cycles
■ 1. The authority citation for part 39 accumulated on the side stay cannot be (k) You must use BAE Systems
continues to read as follows: positively determined: Inspect within 500 (Operations) Limited Inspection Service
flight cycles after the effective date of this Bulletin ISB.32–156, Revision 1, dated July 3,
Authority: 49 U.S.C. 106(g), 40113, 44701. 2001, to perform the actions that are required
AD.
§ 39.13 [Amended] by this AD, unless the AD specifies
Note 1: For the purposes of this AD, a otherwise. The Director of the Federal
detailed inspection is: ‘‘An intensive Register approves the incorporation by
■ 2. The FAA amends § 39.13 by examination of a specific item, installation,
removing amendment 39–11260 (64 FR reference of this document in accordance
or assembly to detect damage, failure, or with 5 U.S.C. 552(a) and 1 CFR part 51. For
45870, August 23, 1999), and by adding irregularity. Available lighting is normally copies of the service information, contact
the following new airworthiness supplemented with a direct source of good British Aerospace Regional Aircraft
directive (AD): lighting at an intensity deemed appropriate. American Support, 13850 Mclearen Road,
Inspection aids such as mirror, magnifying Herndon, Virginia 20171. You may view the
2005–06–04 BAE Systems (Operations)
lenses, etc., may be necessary. Surface AD docket at the Docket Management
Limited (Formerly British Aerospace
cleaning and elaborate procedures may be Facility, U.S. Department of Transportation,
Regional Aircraft): Amendment 39–
required.’’ 400 Seventh Street SW., room PL–401, Nassif
14024. Docket No. FAA–2004–19757;
Directorate Identifier 2001–NM–273–AD. Note 2: BAE Systems (Operations) Limited Building, Washington, DC. To review copies
Inspection Service Bulletin ISB.32–156, of the service information, go to the National
Effective Date Revision 1, dated July 3, 2001, refers to Archives and Records Administration
(a) This AD becomes effective May 2, 2005. Messier-Dowty Service Bulletin 146–32–147, (NARA). For information on the availability

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Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations 15577

of this material at the NARA, call (202) 741– ADDRESSES: Use one of the following airplane lost most of its rudder, which
6030, or go to http://www.archives.gov/ addresses to submit comments on this was made from composite-fiber-
federal_register/code_of_federal_regulations/ AD. reinforced plastic (CFRP). Investigation
ibr_locations.html. • DOT Docket Web site: Go to revealed that most of the rudder,
Issued in Renton, Washington, on March http://dms.dot.gov and follow the including the front spar portion above
14, 2005. instructions for sending your comments the three servo control actuators was
Ali Bahrami, electronically. missing. The cause of this rudder loss is
Manager, Transport Airplane Directorate, • Government-wide rulemaking Web under investigation. This condition, if
Aircraft Certification Service. site: Go to http://www.regulations.gov not corrected, could result in
[FR Doc. 05–5575 Filed 3–25–05; 8:45 am] and follow the instructions for sending detachment of the rudder from the
BILLING CODE 4910–13–P your comments electronically. airplane, which could degrade airplane
• Mail: Docket Management Facility; handling qualities and result in reduced
U.S. Department of Transportation, 400 controllability of the airplane.
DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590. Similar Airplane Models
Federal Aviation Administration • Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on A rudder having the same part
14 CFR Part 39 the plaza level of the Nassif Building, number as that installed on Model A310
400 Seventh Street, SW., Washington, series airplanes also is installed on
[Docket No. FAA–2005–20748; Directorate DC, between 9 a.m. and 5 p.m., Monday Model A300–600 series airplanes.
Identifier 2005–NM–063–AD; Amendment through Friday, except Federal holidays. Therefore, the latter airplanes are also
39–14031; AD 2005–07–07] For service information identified in subject to the identified unsafe
this AD, contact Airbus, 1 Rond Point condition and are included in the
RIN 2120–AA64 Maurice Bellonte, 31707 Blagnac Cedex, applicability of the U.S. AD.
France. Further, a rudder having the same
Airworthiness Directives; Airbus Model
You can examine the contents of this part number is installed on early
A310 Series Airplanes; and Model
AD docket on the Internet at http:// versions of Model A330 and A340 series
A300 B4–600, B4–600R, and F4–600R
dms.dot.gov, or in person at the Docket airplanes. However, we have confirmed
Series Airplanes, and Model C4 605R
Management Facility, U.S. Department that the affected rudder is not installed
Variant F Airplanes (Collectively Called
of Transportation, 400 Seventh Street, on any Model A330 series airplanes of
A300–600)
SW., room PL–401, on the plaza level of U.S. registry. Additionally, there are no
AGENCY: Federal Aviation the Nassif Building, Washington, DC. Model A340 series airplanes on the U.S.
Administration (FAA), Department of This docket number is FAA–2005– Register.
Transportation (DOT). 20748; the directorate identifier for this
ACTION: Final rule; request for docket is 2005–NM–063–AD. Relevant Service Information
comments. Examining the Docket Airbus has issued All Operators Telex
SUMMARY: The FAA is adopting a new You can examine the AD docket on (AOT) A310A55–2035 (for A310 series
airworthiness directive (AD) for certain the Internet at http://dms.dot.gov, or in airplanes) and AOT A300–600 55A6035
Airbus Model A310 series airplanes; person at the Docket Management (for A300–600 series airplanes), both
and Model A300 B4–600, B4–600R, and Facility office between 9 a.m. and 5 dated March 16, 2005. The AOTs
F4–600R series airplanes, and Model C4 p.m., Monday through Friday, except describe procedures for one-time
605R Variant F airplanes (collectively Federal holidays. The Docket general visual, detailed visual, and tap
called A300–600). This AD requires Management Facility office (telephone test inspections for damage in the
one-time general visual, detailed, and (800) 647–5227) is located on the plaza structural integrity of the rudder and its
tap test inspections for discrepancies in level of the Nassif Building at the DOT attachments. The inspection procedures
the structural integrity of the rudder and street address stated in the ADDRESSES include a general visual inspection for
its attachments, and corrective actions if section. Comments will be available in damage of the rear spar aft face of the
necessary. This AD is prompted by a the AD docket shortly after the DMS vertical stabilizer, including the trailing
report that, during cruise, a Model A310 receives them. edge structure; a detailed visual
series airplane lost most of its rudder, FOR FURTHER INFORMATION CONTACT: Tim inspection of the rudder hinge arms and
which was made from composite-fiber- Backman, Aerospace Engineer, ANM– support fittings, the actuator support
reinforced plastic. Investigation 116, International Branch, FAA, fittings and the rudder hinge fittings;
revealed that most of the rudder, Transport Airplane Directorate, 1601 and a tap test inspection for damage of
including the front spar portion above Lind Avenue, SW., Renton, Washington the rudder side panels of the leading
the three servo control actuators was 98055–4056; telephone (425) 227–2797; edge from the bottom to top and the
missing. We are issuing this AD to fax (425) 227–1149. forward trailing edge connection from
prevent detachment of the rudder from SUPPLEMENTARY INFORMATION: The the bottom up to hinge No. 5 around the
the airplane, which could degrade Direction Générale de l’Aviation Civile hoisting points and certain additional
airplane handling qualities and result in (DGAC), which is the airworthiness areas. The AOTs also specify contacting
reduced controllability of the airplane. authority for France, notified us that an the manufacturer for certain repair
DATES: Effective March 28, 2005. unsafe condition may exist on certain conditions and reporting of inspection
The incorporation by reference of Airbus Model A310 series airplanes; results. The DGAC mandated the service
certain publications listed in the AD is and Model A300 B4–600, B4–600R, and information and issued French
approved by the Director of the Federal F4–600R series airplanes, and Model C4 airworthiness directive UF–2005–048,
Register as of March 28, 2005. 605R Variant F airplanes (collectively dated March 18, 2005, to ensure the
We must receive comments on this called A300–600). The DGAC advises continued airworthiness of these
AD by May 27, 2005. that, during cruise, a Model A310 series airplanes in France.

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