Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61305

4This provision simultaneously and 

prospectively implements both the: (A) Technical 

correction for the June 1996 to June 1999 period by 

increasing the tier three CMP for violation of 12 

U.S.C. 1817(c) from $1,100,000 to $1,175,000 and 

(B) adjusts the corrected $1,175,000 CMP by 

increasing the CMP to $1,250.000 for the June 2000 

to June 2003 period.

an initial regulatory flexibility analysis. 

Nevertheless, the FDIC has considered 

the likely impact of the rule on small 

entities and believes that the rule will 

not have a significant impact on a 

substantial number of small entities. 

VI. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Public Law 104–121, 110 

Stat. 857) provides generally for 

agencies to report rules to Congress and 

for Congress to review such rules. The 

reporting requirement is triggered in 

instances where the FDIC issues a final 

rule as defined by the APA (5 U.S.C. 551 

et seq.). Because the FDIC is issuing a 

final rule as defined by the APA, the 

FDIC will file the reports required by 

the SBREFA.

The Office of Management and Budget 

has determined that this final revision 

to 12 CFR 308 does not constitute a 

‘‘major’’ rule as defined by the statute. 

VII. The Treasury and General 

Government Appropriations Act, 1999 

Assessment of Federal Regulations and 

Policies on Families 

The FDIC has determined that this 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 1999 

(Public Law No. 105–277, 112 Stat. 2681 

(1998)). 

VIII. Paperwork Reduction Act 

No collection of information pursuant 

to section 3504(h) of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 

et seq.) is contained in this rule. 

Consequently, no information has been 

submitted to the Office of Management 

and Budget for review. 

IX. Authority for the Regulation 

This regulation is authorized by the 

FDIC’s general rulemaking authority and 

pursuant to its fundamental 

responsibilities to ensure the safety and 

soundness of insured depository 

institutions. Specifically, 12 U.S.C. 

1819(a)(Tenth) provides the FDIC with 

general authority to issue such rules and 

regulations as it deems necessary to 

carry out the statutory mandates of the 

FDIA and other laws that the FDIC is 

charged with administering or 

enforcing.

List of Subjects in 12 CFR Part 308 

Administrative practice and 

procedure, Banks, Banking, Claims, 

Crime, Equal access to justice, Ex parte 

communications, Hearing procedure, 

Lawyers, Penalties, State nonmember 

banks.

■ For the reasons set out in the preamble, 

the FDIC amends 12 CFR 308 as follows:

PART 308—RULES OF PRACTICE AND 

PROCEDURE

■ 1. The authority for part 308 continues 

to read as follows:

Authority: 5 U.S.C. 504, 554–557; 12 

U.S.C. 93(b), 164, 505, 1815(e), 1817, 1818, 

1820, 1828, 1829, 1831i, 1831m(g)(4), 1831o, 

1831p–1, 1832(c), 1884(b), 1972, 3102, 

3108(a), 3349, 3909, 4717; 15 U.S.C. 78(h) 

and (i), 78o–4(c), 78o–5, 78q–1, 78s, 78u, 

78u–2, 78u–3, 78w, 6801(b), 6805(b)(1); 28 

U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 

U.S.C. 4012a; Sec. 3100(s), Pub. L. 104–134, 

110 Stat. 1321–358.

§ 308.116 [Amended]

■ 2. Section 308.116 is amended by:

■ a. Paragraph (b)(4) is amended by 

removing ‘‘November 12, 1996’’ and 

adding ‘‘December 31, 2004’’ in its place.

■ b. Paragraph (b)(4)(i) is amended by 

removing $5,500 and adding $6,500 in its 

place.

■ c. Paragraph (b)(4)(ii) is amended by 

removing $27,500 and adding $32,500 in 

its place.

■ d. Paragraph (b)(4)(iii)(A) is amended 

by removing $1,175,000 and adding 

$1,250,000 in its place.

■ e. Paragraph (b)(4)(iii)(B) is amended 

by removing $1,175,000 and adding 

$1,250,000 in its place.

§ 308.132 [Amended]

■ 3. Section 308.132 is amended by:

■ a. Paragraph (c)(2)(ii) is amended by 

removing ‘‘November 12, 1996’’ and 

adding ‘‘December 31, 2004’’ in its place.

■ b. Paragraph (c)(2)(ii) is amended by 

removing $22,000 and adding $27,500 in 

its place.

■ c. Paragraph (c)(2)(iii)(B) is amended 

by removing $22,000 and adding $27,500 

in its place.

■ d. Paragraph (c)(2)(iii)(B) is amended 

by removing ‘‘November 12, 1996’’ and 

adding ‘‘December 31, 2004’’ in its place.

■ e. Paragraph (c)(2)(iii)(C) is amended 

by removing $1,175,000 and adding 

$1,250,000 in its place.

■ f. Paragraph (c)(2)(iii)(C) is amended 

by removing ‘‘November 12, 1996’’ and 

adding ‘‘December 31, 2004’’ in its place.

■ g. Paragraph (c)(3) is amended by 

removing ‘‘November 12, 1996’’ and 

adding ‘‘December 31, 2004’’ in its place.

■ h. Paragraph (c)(3)(i) is amended by 

removing $5,500 and adding $6,500 in its 

place, by removing $27,500 and adding 

$32,500 in its place, and by removing 

$1,175,000 and adding $1,250,000 in its 

place.

■ i. Paragraph (c)(3)(ii) is amended by 

removing $22,000 and adding $27,000 in 

its place and by removing $1,100,000 

and adding $1,250,000 in its place.4

■ j. Paragraph (c)(3)(iii) is amended by 

removing $5,500 and adding $6,500 in its 

place.

■ k. Paragraph (c)(3)(ix) is amended by 

removing $5,500 and adding $6,500 in its 

place, by removing $27,500 and adding 

$32,500 in its place, and by removing 

$1,175,000 and adding $1,250,000 in its 

place.

■ l. In paragraph (c)(3)(xiv) by removing 

$5,500 and adding $6,500 in its place, by 

removing $60,000 and adding $65,000 in 

its place, by removing $300,000 and 

adding $325,000 in its place, by 

removing $120,000 and adding $130,000 

in its place, and by removing $575,000 

and adding $625,000 in its place.

■ m. Paragraph (c)(3)(xv) is amended by 

removing $5,500 and adding $6,500 in its 

place.

■ n. Paragraph (c)(3)(xvi) is amended by 

removing $350 and adding $385 in its 

place and by removing $115,000 and 

adding $125,000 in its place.

Dated this 12th day of October, 2004.

By order of the Board of Directors.

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary.

[FR Doc. 04–23242 Filed 10–15–04; 8:45 am] 

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19337; Directorate 

Identifier 2004–NM–155–AD; Amendment 

39–13824; AD 2004–21–03] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Model G–1159, G–1159A, G–1159B, 

and G–IV Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Gulfstream Model G–1159, G–1159A, 

G–1159B, and G–IV series airplanes. 

This AD requires a one-time inspection 

of the left and right aileron and elevator 

61306 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

actuators to determine the part and 

serial numbers of each actuator, 

repetitive inspections of suspect 

actuators to detect broken damper 

shafts, and replacement of any actuator 

having a broken damper shaft. This AD 

also requires that operators report any 

broken damper shaft they find to the 

FAA. This AD also provides an optional 

terminating action for the repetitive 

inspection requirements of this AD. 

This AD is prompted by reports of 

broken or cracked damper shafts within 

the aileron and elevator actuator 

assemblies. We are issuing this AD to 

detect and correct broken damper shafts, 

which could result in locking of an 

aileron or elevator actuator (hard-over 

condition), subsequent loss of aileron or 

elevator control, and consequent 

reduced controllability of the airplane.

DATES: Effective November 2, 2004. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of November 2, 2004. 

We must receive comments on this 

AD by December 17, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Gulfstream Aerospace 

Corporation, PO Box 2206, Mail Station 

D–10, Savannah, Georgia 31402–9980. 

You can examine this information at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Examining the Dockets 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them.

FOR FURTHER INFORMATION CONTACT:

Technical information: Gerald Avella, 

Aerospace Engineer, Systems and 

Equipment Branch, ACE–119A, FAA, 

Atlanta Aircraft Certification Office, 

One Crown Center, 1895 Phoenix 

Boulevard, suite 450, Atlanta, Georgia 

30349; telephone (770) 703–6066; fax 

(770) 703–6097. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: We have 

received a report from the airplane 

manufacturer, Gulfstream, that the 

damper shafts in two actuators broke 

under normal torquing requirements 

during assembly of the actuators for a 

Gulfstream Model GV–SP airplane. 

Approximately one week after the 

original occurrence, a third actuator was 

found with a cracked damper shaft. In 

each case, the cracks originated at the 

threaded base of the damper shaft. In 

addition, the third actuator was found to 

be from a manufacturing lot previous to 

that of the other two actuators. Parker 

Aerospace, the actuator manufacturer, 

notified Gulfstream that the production 

process used after 1998 to manufacture 

aileron and elevator actuator damper 

shafts (internal to the actuator) may 

induce cracks in the threaded portion of 

the shaft. This cracking could cause the 

retaining nut and the separated portion 

of the failed damper shaft to become 

dislodged from the damper body and 

block the movement of the assembly. 

This condition, if not corrected, could 

result in locking of an aileron or 

elevator actuator (hard-over condition), 

subsequent loss of aileron or elevator 

control, and consequent reduced 

controllability of the airplane. 

The affected aileron and elevator 

actuators installed on Gulfstream Model 

G–1159, G–1159A, G–1159B, G–IV, and 

GV series airplanes, are identical to 

those installed on Model GV–SP 

airplanes. Therefore, all of these models 

may be subject to the identified unsafe 

condition. 

Other Rulemaking for Additional 

Airplane Models 

Operators should note that, as we 

explained previously, Gulfstream Model 

GV and GV–SP series airplanes are 

subject to the same unsafe condition 

addressed in this AD. We are currently 

considering additional rulemaking to 

address the unsafe condition for those 

airplanes. However, because the unsafe 

condition is less severe for those 

models, the planned compliance time 

for that action would allow enough time 

to provide notice and opportunity for 

prior public comment on the merits of 

the corrective actions.

Relevant Service Information 

We have reviewed the following 

Gulfstream alert customer bulletins:

TABLE—RELEVANT SERVICE INFORMATION

For model— Alert customer bulletin— Revision— Dated—

G–1159 and G–1159B series airplanes ...................... Gulfstream GII/GIIB Alert Customer Bulletin 29A ..... A August 23, 2004. 

G–1159A series airplanes ........................................... Gulfstream GIII Alert Customer Bulletin 15A ............ A August 23, 2004. 

G–IV series airplanes .................................................. Gulfstream G300 Alert Customer Bulletin 32A ......... A August 23, 2004. 

G–IV series airplanes .................................................. Gulfstream G400 Alert Customer Bulletin 32A ......... A August 23, 2004. 

G–IV series airplanes .................................................. Gulfstream GIV Alert Customer Bulletin 32A ............ A August 23, 2004. 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61307

The alert customer bulletins describe 

procedures for a one-time inspection of 

the left and right aileron and elevator 

actuators to determine the part number 

(P/N) and serial number (S/N) of each 

actuator. The alert customer bulletins 

also describe procedures for an 

inspection of the actuators with certain 

P/Ns and S/Ns to detect broken damper 

shafts, and replacement of any actuator 

having a broken damper shaft with a 

new or serviceable actuator. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. Therefore, we are issuing this 

AD to detect and correct broken damper 

shafts, which could result in locking of 

an aileron or elevator actuator (hardover condition), subsequent loss of 

aileron or elevator control, and 

consequent reduced controllability of 

the airplane. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the AD and Alert 

Customer Bulletins.’’ This AD also 

requires that operators report any 

broken damper shafts found during the 

initial and repetitive inspections 

required by paragraph (h) of this AD to 

the FAA. 

Differences Between the AD and Alert 

Customer Bulletins 

The alert customer bulletins do not 

specify the type of inspection to use to 

determine the P/N and S/N of the 

actuators. We have determined that the 

location of the actuators will require 

access and possibly additional 

inspection aides, and therefore, this AD 

requires a general visual inspection to 

determine the P/N and S/N of the 

actuators. We have included the 

definition of a general visual inspection 

in this AD. 

The alert customer bulletins do not 

specify what to do if an installed 

actuator either has a P/N and/or S/N 

that is missing or is unreadable. This 

AD requires that those actuators be 

inspected to detect broken damper 

shafts—as if they have a P/N and S/N 

listed in the alert customer bulletin. 

The alert customer bulletins 

recommend a one-time inspection of the 

aileron and elevator actuators for broken 

damper shafts. However, a suspect 

damper shaft found undamaged during 

the initial inspection still has the 

potential to break at some time in the 

future. Because a one-time inspection 

alone would not provide the degree of 

safety necessary, we have determined 

that repetitive inspections of the suspect 

actuators are necessary to ensure an 

adequate level of safety for the affected 

transport airplane fleet. We have also 

determined that an interval of 500 flight 

hours or 12 months, whichever is first, 

is an appropriate compliance time for 

the repetitive inspections. Although the 

alert customer bulletins do not include 

repetitive inspections, they do note that 

a recurring inspection will be added to 

the applicable airplane maintenance 

manual. 

The alert customer bulletins also do 

not specify the type of inspection to use 

to detect broken damper shafts. We have 

determined that a detailed inspection 

for this action is appropriate; we have 

included the definition of this 

inspection in this AD. Therefore, this 

AD requires a detailed inspection to 

detect broken damper shafts. We have 

included the definition of a detailed 

inspection in this AD. 

The alert customer bulletins specify 

replacing an actuator having a broken 

damper shaft, but they do not specify 

with what type of replacement actuator. 

This AD requires replacement with 

either: 

• A new or serviceable actuator 

having a subject P/N and S/N listed in 

the alert customer bulletin, provided it 

has been inspected for broken damper 

shafts in accordance with the 

requirements of this AD; or 

• A new or serviceable actuator 

having a P/N and/or S/N different than 

those listed in the alert customer 

bulletin. Replacing an actuator with an 

actuator having a different P/N and/or 

S/N terminates the requirements of this 

AD for that actuator only. 

We are not requiring the terminating 

action (i.e., replacement of all suspect 

actuators) at this time, because we have 

determined, and the actuator 

manufacturer has confirmed, that the 

necessary replacement actuators (with a 

P/N and/or S/N not listed in the 

applicable alert customer bulletin) are 

not yet available and will not be 

available for another 24 to 36 months. 

Therefore, we are providing the 

terminating action as an option for 

operators once those parts become 

available. 

The alert customer bulletins do not 

recommend that findings of broken 

damper shafts be reported. This AD 

requires findings of all broken damper 

shafts be reported to the FAA. When the 

unsafe condition addressed by an AD is 

likely due to a manufacturer’s quality 

control (QC) problem, a reporting 

requirement is instrumental in ensuring 

that we can gather as much information 

as possible regarding the extent and 

nature of the QC problem or breakdown, 

especially in cases where the data may 

not be available through other 

established means. This information is 

necessary to ensure that proper 

corrective action will be taken. Based on 

the results of these reports, we may 

determine that further corrective action 

is warranted. 

The Accomplishment Instructions of 

the referenced alert customer bulletins 

specify to submit the Service Reply Card 

or compliance information to the 

manufacturer. This AD does not include 

those actions; we do not need this 

information from operators. 

Clarification of Applicability 

The effectivities of the alert customer 

bulletins include all Model G–1159, G–

1159A, G–1159B, and G–IV series 

airplanes, equipped with aileron or 

elevator actuators having certain P/Ns 

and S/Ns. Because there is no way to 

determine if an actuator with a suspect 

P/N and S/N is installed without 

inspecting the airplane, this AD applies 

to all Model G–1159, G–1159A, G–

1159B, and G–IV series airplanes. We 

would, however, point out that the first 

action in the alert customer bulletins is 

an inspection to determine if an actuator 

having a certain P/N and S/N is 

installed. 

Interim Action 

This AD is considered to be interim 

action. The inspection reports that are 

required by this AD will enable us to 

obtain better insight into the nature and 

extent of the broken damper shafts, and 

eventually to develop final action to 

address the unsafe condition. Once final 

action has been developed and 

replacement parts are available, we may 

consider further rulemaking. 

Changes to 14 CFR Part 39/Effect on the 

AD Relating to Special Flight Permits 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s airworthiness directives system. 

The regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance (AMOC). This material is 

included in part 39, except that the 

office authorized to approve AMOCs is 

identified in each individual AD.

However, as amended, part 39 

provides for the FAA to add special 

requirements for operating an airplane 

to a repair facility to do the work 

required by an airworthiness directive. 

For purposes of this AD, we have 

determined that such a special flight 

permit is prohibited. 

61308 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19337; Directorate Identifier 

2004–NM–155–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket web site, 

anyone can find and read the comments 

in any of our dockets, including the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You can review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–19478), or you can 

visit http://dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications with 

you. You can get more information 

about plain language at http://www/

faa.gov/language and http://

www.plainlanguage.gov.

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that the 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. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

2004–21–03 Gulfstream Aerospace 

Corporation: Amendment 39–13824. 

Docket No. FAA–2004–19337; 

Directorate Identifier 2004–NM–155–AD. 

Effective Date 

(a) This AD becomes effective November 2, 

2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Gulfstream 

Model G–1159, G–1159A, G–1159B, and G–

IV series airplanes; certificated in any 

category. 

Unsafe Condition 

(d) This AD is prompted by reports of 

broken or cracked damper shafts within the 

aileron and elevator actuator assemblies. The 

FAA is issuing this AD to detect and correct 

broken damper shafts, which could result in 

locking of an aileron or elevator actuator 

(hard-over condition), subsequent loss of 

aileron or elevator control, and consequent 

reduced controllability of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done.

Note 1: This AD refers to certain portions 

of Gulfstream alert customer bulletins for 

applicability and inspection information. In 

addition, this AD specifies inspection 

requirements beyond those included in the 

alert customer bulletins. Where the AD and 

the alert customer bulletins differ, the AD 

prevails.

Service Information References 

(f) The term ‘‘alert customer bulletin,’’ as 

used in this AD, means the Accomplishment 

Instructions of the Gulfstream alert customer 

bulletins, as applicable, specified in Table 1 

of this AD. Although the applicable alert 

customer bulletin recommends completing 

and submitting the Service Reply Card or 

reporting compliance with the applicable 

alert customer bulletin, those actions are not 

required by this AD.

TABLE 1.—APPLICABLE GULFSTREAM ALERT CUSTOMER BULLETINS

For model— Alert customer bulletin— Revision— Dated—

G–1159 and G–1159B series airplanes ............ Gulfstream GII/GIIB Alert Customer Bulletin 

29A.

A August 23, 2004. 

G–1159A series airplanes .................................. Gulfstream GIII Alert Customer Bulletin 15A .... A August 23, 2004. 

G–IV series airplanes ......................................... Gulfstream G300 Alert Customer Bulletin 32A A August 23, 2004. 

G–IV series airplanes ......................................... Gulfstream G400 Alert Customer Bulletin 32A A August 23, 2004. 

G–IV series airplanes ......................................... Gulfstream GIV Alert Customer Bulletin 32A .... A August 23, 2004. 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61309

Inspection To Determine Actuator Part and 

Serial Numbers 

(g) Within 50 flight hours after the effective 

date of this AD, do a one-time general visual 

inspection of the left and right aileron and 

elevator actuators to determine the part 

number (P/N) and serial number (S/N) of 

each actuator, in accordance with the 

applicable alert customer bulletin.

Note 2: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Initial and Repetitive Actuator Inspections 

and Corrective Action 

(h) For any actuator identified during the 

inspection required by paragraph (g) of this 

AD with a P/N and S/N listed in the 

applicable alert customer bulletin, and for 

actuators for which the P/N and/or S/N were 

missing or unreadable: Before further flight, 

do a detailed inspection of each identified 

actuator to detect a broken damper shaft, in 

accordance with the applicable alert 

customer bulletin.

Note 3: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(1) If no damper shaft is found broken: 

Repeat the inspection required by paragraph 

(h) of this AD thereafter at intervals not to 

exceed 500 flight hours or 12 months, 

whichever occurs first. 

(2) If any damper shaft is found broken: 

Before further flight, do the action specified 

in paragraph (h)(2)(i) or (h)(2)(ii) of this AD, 

in accordance with the applicable alert 

customer bulletin. 

(i) Replace the actuator with a new or 

serviceable actuator having a P/N and S/N 

listed in the applicable alert customer 

bulletin, provided the new or serviceable 

actuator has been inspected in accordance 

with the requirements of paragraph (h) of this 

AD. Thereafter, repeat the inspection 

required by paragraph (h) of this AD at 

intervals not to exceed 500 flight hours or 12 

months, whichever occurs first. 

(ii) Replace the actuator with a new or 

serviceable actuator having a P/N and/or S/

N not listed in the applicable alert customer 

bulletin. This replacement terminates the 

requirements of this AD for that actuator 

only. 

Optional Terminating Action 

(i) Replacement of all suspect actuators 

with new or serviceable actuators having a P/

N and/or S/N not listed in the applicable 

alert customer bulletin terminates the 

requirements of this AD. 

Reporting Requirement 

(j) Submit a report of any broken damper 

shafts to the Manager, Atlanta Aircraft 

Certification Office (ACO), FAA, Small 

Airplane Directorate, One Crown Center, 

1895 Phoenix Boulevard, suite 450, Atlanta, 

Georgia 30349; fax (770) 703–6097. The 

report must be done at the applicable time 

specified in paragraph (j)(1) or (j)(2) of this 

AD. The report must include the inspection 

date, the airplane model and S/N, the 

actuator position (left or right aileron or 

elevator), and the actuator P/N and S/N. 

Information collection requirements 

contained in this AD have been approved by 

the Office of Management and Budget (OMB) 

under the provisions of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 et 

seq.) and have been assigned OMB Control 

Number 2120–0056. 

(1) If the inspection required by paragraph 

(h) of this AD was done after the effective 

date of this AD: Submit the report within 10 

days after the inspection. 

(2) If the inspection required by paragraph 

(h) of this AD was done before the effective 

date of this AD: Submit the report within 10 

days after the effective date of this AD. 

Parts Installation 

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

person may install an aileron or elevator 

actuator having a P/N and S/N specified in 

the applicable alert customer bulletin, on any 

airplane, unless the actuator has been 

inspected according to paragraph (h) of this 

AD. 

Special Flight Permit 

(l) Special flight permits (14 CFR 21.197 

and 21.199) are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

(m) The Manager, Atlanta ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested in accordance with the 

procedures found in 14 CFR 39.19. 

Material Incorporated by Reference 

(n) You must use the service information 

that is specified in Table 2 of this AD to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Alert customer bulletin— Revision— Dated—

Gulfstream GII/GIIB Alert Customer Bulletin 29A ............................................................................................... A August 23, 2004. 

Gulfstream GIII Alert Customer Bulletin 15A ....................................................................................................... A August 23, 2004. 

Gulfstream GIV Alert Customer Bulletin 32A ...................................................................................................... A August 23, 2004. 

Gulfstream G300 Alert Customer Bulletin 32A .................................................................................................... A August 23, 2004. 

Gulfstream G400 Alert Customer Bulletin 32A .................................................................................................... A August 23, 2004. 

The Director of the Federal Register 

approves the incorporation by reference of 

those documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. For copies of the 

service information, contact Gulfstream 

Aerospace Corporation, P.O. Box 2206, Mail 

Station D–10, Savannah, Georgia 31402–

9980. You can review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street SW., 

room PL–401, Nassif Building, Washington, 

DC; or at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Issued in Renton, Washington, on October 

4, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23027 Filed 10–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9144] 

RIN 1545–BA75 

Statutory Options; Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document corrects final 

regulations (TD 9144) that were