Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63053

of default shall accrue at an annual rate 

of the greater of 1.5 times the 91-day 

Treasury-Bill rate or 200 basis points 

(2.00%) above the rate on the 

guaranteed bonds. 

(g) Upon guaranteed lender’s event of 

default, under the bond documents, the 

Secretary shall be entitled to take such 

other action as is provided for by law or 

under the bond documents.

§ 1720.15 Equal opportunity requirements. 

Executive Order 12898, 

‘‘Environmental Justice.’’ To comply 

with Executive Order 12898, RUS will 

conduct a Civil Rights Analysis for each 

guarantee prior to approval. Rural 

Development Form 2006–28, ‘‘Civil 

Rights Impact Analysis’’, will be used to 

document compliance in regards to 

environmental justice. The Civil Rights 

Impact Analysis will be conducted prior 

to application approval or a conditional 

commitment of guarantee.

Dated: October 26, 2004. 

Gilbert Gonzalez, 

Acting Under Secretary, Rural Development.

[FR Doc. 04–24353 Filed 10–28–04; 8:45 am] 

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18582; Directorate 

Identifier 2003–NM–35–AD; Amendment 39–

13831; AD 2004–22–03] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

EMBRAER Model EMB–135 and –145 

series airplanes. This AD requires 

measuring the fillet radius dimension of 

the trunnion fitting webs of the wings; 

and reworking the fillet radius of the 

trunnion fitting web in order to increase 

the radius, doing related investigative 

actions, and doing applicable corrective 

action, if necessary. This AD is 

prompted by a report indicating that 

trunnion fittings of the wings have been 

manufactured with a web fillet radius 

smaller than the minimum required by 

the design data, which may induce the 

occurrence of fatigue cracks at the root 

of the trunnion fillet radius and adjacent 

structures (e.g., spar and ribs). We are 

issuing this AD to detect and correct 

fatigue cracking of the wing trunnion 

fittings or adjacent structure, which 

could result in failure of the main 

landing gear, consequent damage to 

surrounding structure, and possible loss 

of control of the airplane during 

landing.

DATES: This AD becomes effective 

December 3, 2004. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of December 3, 2004.

ADDRESSES: For service information 

identified in this AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 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.

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. 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.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Todd 

Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain EMBRAER Model 

EMB–135 and –145 series airplanes. The 

proposed AD was published in the 

Federal Register on July 13, 2004 (69 FR 

41994), to require measuring the fillet 

radius dimension of the trunnion fitting 

webs of the wings; and reworking the 

fillet radius of the trunnion fitting web 

in order to increase the radius, doing 

related investigative actions, and doing 

applicable corrective action, if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been submitted on the proposed 

AD or on the determination of the cost 

to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

This AD will affect about 60 airplanes 

of U.S. registry. The measurement will 

take about 2 work hours per airplane, at 

an average labor rate of $65 per work 

hour. Based on these figures, the 

estimated cost of the AD for U.S. 

operators is $7,800, or $130 per 

airplane. 

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 this AD: 

(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. 

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.

63054 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

§ 39.13 [Amended]

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive:

2004–22–03 Empresa Brasileira de 

Aeonautica S.A. (EMBRAER):

Amendment 39–13831. Docket No. 

FAA–2004–18582; Directorate Identifier 

2003–NM–35–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective December 3, 2004. 

Affected ADs 

(b) None.

Applicability: (c) This AD applies to 

EMBRAER Model EMB–135 and –145 series 

airplanes, as listed in EMBRAER Service 

Bulletin 145–57–0034, Change 01, dated 

January 9, 2002; certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that trunnion fittings of the wings 

have been manufactured with a web fillet 

radius smaller than the minimum required by 

the design data, which may induce the 

occurrence of fatigue cracks at the root of the 

trunnion fillet radius and adjacent structures 

(e.g., spar and ribs). We are issuing this AD 

to detect and correct fatigue cracking of the 

wing trunnion fittings or adjacent structure, 

which could result in failure of the main 

landing gear, consequent damage to 

surrounding structure, and possible loss of 

control of the airplane during landing. 

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. 

Service Bulletin 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–57–0034, Change 01, dated January 9, 

2002. 

Measurement 

(g) Before the accumulation of 2,000 total 

flight cycles, or within 500 flight hours after 

the effective date of this AD, whichever 

occurs later, measure the fillet radius 

dimension of the trunnion fitting webs of the 

wings in accordance with paragraph 3.(C), 

‘‘Part I,’’ of the service bulletin. 

(1) If the fillet radius value is equal to or 

greater than 0.1969 inches (5 mm), no further 

action is required by this AD. 

(2) If a fillet radius value is less than 

0.0394 inches (1 mm), before further flight, 

do the actions specified in paragraph (h) of 

this AD. 

(3) If the fillet radius value is equal to or 

greater than 0.0394 inch (1 mm), but less 

than 0.1969 inch (5 mm), before the 

accumulation of 4,000 total flight cycles, or 

within 500 flight hours after the effective 

date of this AD, whichever occurs later, do 

the actions specified in paragraph (h) of this 

AD. 

Rework and Further Corrective Actions, if 

Necessary 

(h) Rework the fillet radius of the trunnion 

fitting web to increase the radius, do related 

investigative actions, and do applicable 

corrective actions by accomplishing all the 

actions specified in paragraph 3.(D), ‘‘Part 

II,’’ of the service bulletin. Do the actions in 

accordance with the service bulletin, except 

as provided by paragraph (i) of this AD. Any 

applicable corrective actions must be done 

before further flight. 

(1) If the final fillet radius is less than 

0.1969 inch (5 mm) and the radius limit 

contour is reached, before further flight, 

repair in accordance with a method approved 

by either the Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate; or the Departmento de Aviacao 

Civil (DAC) (or its delegated agent). 

(2) If the final fillet radius is equal to or 

greater than 0.1969 inches (5 mm), before 

further flight, shot-peen the reworked area in 

accordance with paragraph 3.(E), ‘‘Part III,’’

of the service bulletin. 

(i) If any crack is found in the structure 

during the related investigative action 

required by paragraph (h) of this AD, before 

further flight, repair in accordance with 

either the Manager, International Branch, 

ANM–116, Transport Airplane Directorate; or 

the DAC (or its delegated agent). 

Credit for Previous Revisions of Service 

Bulletin 

(j) Except as provided by paragraphs (h)(1) 

and (i) of this AD, measurements and rework 

of the fillet radius done before the effective 

date of this AD in accordance with 

EMBRAER Service Bulletin 145–57–0034, 

dated October 11, 2001, are acceptable for 

compliance with the requirements of this AD. 

Alternative Methods of Compliance (AMOC) 

(k) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

has the authority to approve AMOCs for this 

AD, if requested in accordance with the 

procedures found in 14 CFR 39.19. 

Related Information 

(l) Brazilian airworthiness directive 2001–

12–03R1, effective February 4, 2002, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(m) You must use EMBRAER Service 

Bulletin 145–57–0034, Change 01, dated 

January 9, 2002, to perform the actions that 

are required by this AD, unless the AD 

specifies otherwise. The service bulletin 

contains these effective pages:

Page number 

Revision 

level shown 

on page 

Date shown on 

page 

1, 2, 9, 10 ..... 01 ............. Jan. 9, 2002. 

3–8, 11–27 .... Original ..... Oct. 11, 2001. 

The Director of the Federal Register

approves the incorporation by reference of 

this document in accordance with 5 U.S.C. 

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

service information, contact Empresa 

Brasileira de Aeronautica S.A. (EMBRAER), 

P.O. Box 343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil. For information on the 

availability of this material at the National 

Archives and Records Administration 

(NARA), call (202) 741–6030, or go to http:

//www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., room PL–401, Nassif 

Building,Washington, DC.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service

[FR Doc. 04–23925 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–SW–51–AD; Amendment 

39–13840; AD 2004–22–12] 

RIN 2120–AA64

Airworthiness Directives; MD 

Helicopters, Inc. Model 600N 

Helicopters

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for 

MD Helicopters, Inc. Model 600N 

helicopters that requires replacing the 

fuselage Station 75 control support 

bracket assembly (control support 

bracket), reducing the life limit, and 

revising the Limitations section of the 

applicable maintenance manual to state 

the reduced life limits on certain serialnumbered helicopters. This amendment 

is prompted by information received 

from the manufacturer indicating that 

the fatigue life of the control support 

bracket is shorter than the original 

analysis indicated. The actions specified 

by this AD are intended to prevent 

failure of the control support bracket 

and subsequent loss of control of the 

helicopter.

DATES: Effective December 3, 2004.

FOR FURTHER INFORMATION CONTACT: Fred 

Guerin, Aviation Safety Engineer, FAA, 

Los Angeles Aircraft Certification 

Office, Airframe Branch, 3960 

Paramount Blvd., Lakewood, California 

90712, telephone (562) 627–5232, fax 

(562) 627–5210.

SUPPLEMENTARY INFORMATION: A 

proposal to amend 14 CFR part 39 to 

include an AD for the specified model