Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Rules and Regulations 64251

regulatory action’’ for purposes of 

Executive Order 12866. 

VI. Unfunded Mandates Act of 1995 

OTS had determined that the final 

rule will not result in expenditures by 

state, local, or tribal governments or by 

the private sector of $100 million or 

more. Accordingly, this rulemaking is 

not subject to sec. 202 of the Unfunded 

Mandates Act.

List of Subjects in 12 CFR Part 509 

Administrative practice and 

procedure, Penalties.

■ Accordingly, for the reasons outlined 

in the preamble, OTS amends part 509 of 

chapter V, title 12, Code of Federal 

Regulations, as set forth below.

PART 509—RULES OF PRACTICE AND 

PROCEDURE IN ADJUDICATORY 

PROCEEDINGS

■ 1. The authority citation for part 509 

continues to read as follows:

Authority: 5 U.S.C. 504, 554–557; 12 

U.S.C. 1464, 1467, 1467a, 1468, 1817(j), 1818, 

3349, 4717; 15 U.S.C. 78(l), 78o–5, 78u–2; 28 

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

4012a.

■ 2. Revise § 509.103(c) to read as 

follows:

§ 509.103 Civil money penalties.

* * * * *

(c) Inflation adjustment. Under the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

note), OTS must adjust for inflation the 

civil monetary penalties in statutes that 

it administers. The following chart 

displays the adjusted civil money 

penalties. The amounts in this chart 

apply to violations that occur after 

November 4, 2004:

U.S. code citation CMP description New maximum amount 

12 U.S.C. 1464(v)(4) .................... Reports of Condition—1st Tier ...................................................... $2,200. 

12 U.S.C. 1464(v)(5) .................... Reports of Condition—2nd Tier ..................................................... $27,500. 

12 U.S.C. 1464(v)(6) .................... Reports of Condition—3rd Tier ..................................................... $1,250,000. 

12 U.S.C. 1467(d) ........................ Refusal to Cooperate in Exam ...................................................... $6,500. 

12 U.S.C. 1467a(i)(2) ................... Holding Company Act Violation ..................................................... $27,500. 

12 U.S.C. 1467a(i)(3) ................... Holding Company Act Violation ..................................................... $27,500. 

12 U.S.C. 1467a(r)(1) .................. Late/Inaccurate Reports—1st Tier ................................................ $2,200. 

12 U.S.C. 1467a(r)(2) .................. Late/Inaccurate Reports—2nd Tier ............................................... $27,500. 

12 U.S.C. 1467a(r)(3) .................. Late/Inaccurate Reports—3rd Tier ................................................ $1,250,000. 

12 U.S.C. 1817(j)(16)(A) .............. Change in Control—1st Tier .......................................................... $6,500. 

12 U.S.C. 1817(j)(16)(B) .............. Change in Control—2nd Tier ........................................................ $32,500. 

12 U.S.C. 1817(j)(16)(C) .............. Change in Control—3rd Tier ......................................................... $1,250,000. 

12 U.S.C. 1818(i)(2)(A) ................ Violation of Law or Unsafe or Unsound Practice—1st Tier .......... $6,500. 

12 U.S.C. 1818(i)(2)(B) ................ Violation of Law or Unsafe or Unsound Practice—2nd Tier ......... $32,500. 

12 U.S.C. 1818(i)(2)(C) ................ Violation of Law or Unsafe or Unsound Practice—3rd Tier .......... $1,250,000. 

12 U.S.C. 1884 ............................ Violation of Security Rules ............................................................ $110. 

12 U.S.C. 3349(b) ........................ Appraisals Violation—1st Tier ....................................................... $6,500. 

12 U.S.C. 3349(b) ........................ Appraisals Violation—2nd Tier ...................................................... $32,500. 

12 U.S.C. 3349(b) ........................ Appraisals Violation—3rd Tier ....................................................... $1,250,000. 

42 U.S.C. 4012a(f) ....................... Flood Insurance ............................................................................. $385 (per 4012a(f) violation). 

$125,000 (per calendar year). 

Dated: October 29, 2004.

By the Office of Thrift Supervision. 

James E. Gilleran, 

Director.

[FR Doc. 04–24674 Filed 11–3–04; 8:45 am] 

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–18030; Directorate 

Identifier 2004–CE–13–AD; Amendment 39–

13849; AD 2004–22–21] 

RIN 2120–AA64 

Airworthiness Directives; GROB–

WERKE Model G120A Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for all 

GROB–WERKE (GROB) Model G120A 

airplanes. This AD requires you to 

repetitively inspect visually the area 

between the vertical stabilizer main spar 

and the nearby vertical stabilizer skin 

for any disbonding/crack; repair any 

disbonding/crack found; and calculate 

weight and balance after any repair. 

This AD is the result of mandatory 

continuing airworthiness information 

(MCAI) issued by the airworthiness 

authority for Germany. We are issuing 

this AD to detect and correct any 

disbonding/crack in the area between 

the vertical stabilizer main spar and 

nearby stabilizer skin, which could 

result in possible structural failure. This 

failure could lead to difficulty in 

airplane flight control.

DATES: This AD becomes effective on 

December 27, 2004. 

As of December 27, 2004, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation.

ADDRESSES: To get the service 

information identified in this AD, 

contact GROB Luft-und Raumfahrt, 

Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Federal 

Republic of Germany; telephone: 011 49 

8268 998139; facsimile: 011 49 8268 

998200. To review this service 

information, go to the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–

6030. 

To view the AD docket, go to the 

Docket Management Facility; U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001 or on the Internet at http://

dms.dot.gov. The docket number is 

FAA–2004–18030.

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; facsimile: 

(816) 329–4090.

SUPPLEMENTARY INFORMATION:

Discussion 

What events have caused this AD?

The Luftfahrt-Bundesamt (LBA), which 

64252 Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Rules and Regulations 

is the airworthiness authority for 

Germany, recently notified FAA that an 

unsafe condition may exist on all GROB 

Model G120A airplanes. The LBA 

reports that a routine inspection of a 

Model G120A–I airplane found 

disbonding/cracking in the area between 

the vertical stabilizer main spar and 

nearby vertical stabilizer skin near the 

VOR (very high frequency omni 

directional range) antenna. A fleet-wide 

inspection of the Model G120A-I 

airplane fleet found one other Model 

G120A–I airplane with disbonding/

cracking in the same area. The most 

likely reason for the disbonding/

cracking was an incorrectly installed 

antenna support bracket, which caused 

permanent tension on the bonding 

seam. This resulted in disbonding/

cracking in the area near the VOR 

antenna. 

What is the potential impact if FAA 

took no action? Any disbonding/crack 

in the area between the vertical 

stabilizer main spar and nearby 

stabilizer skin could result in possible 

structural failure. This failure could 

lead to difficulty in airplane flight 

control. 

Has FAA taken any action to this 

point? We issued a proposal to amend 

part 39 of the Federal Aviation 

Regulations (14 CFR part 39) to include 

an AD that would apply to all GROB 

Model G120A airplanes. This proposal 

was published in the Federal Register

as a notice of proposed rulemaking 

(NPRM) on July 15, 2004 (69 FR 42360). 

The NPRM proposed to require you to 

repetitively inspect visually the area 

between the vertical stabilizer main spar 

and the nearby vertical stabilizer skin 

for any disbonding/crack; repair any 

disbonding/crack found; and calculate 

weight and balance after any repair. 

Comments 

Was the public invited to comment?

We provided the public the opportunity 

to participate in developing this AD. We 

received no comments on the proposal 

or on the determination of the cost to 

the public. 

Conclusion 

What is FAA’s final determination on 

this issue? We have carefully reviewed 

the available data and determined that 

air safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections:

—Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

—Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Changes to 14 CFR Part 39—Effect on 

the AD 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, the 

FAA published a new version of 14 CFR 

part 39 (67 FR 47997, July 22, 2002), 

which governs the FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions.

Costs of Compliance 

How many airplanes does this AD 

impact? We estimate that this AD affects 

6 airplanes in the U.S. registry. 

What is the cost impact of this AD on 

owners/operators of the affected 

airplanes? We estimate the following 

costs to do the inspection:

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 workhour × $65 per hour = $65 ................................................ Not applicable ............................................ $65 6 × $65 = $390 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of this 

proposed inspection. We have no way of 

determining the number of airplanes 

that may need this repair:

Labor cost Parts cost Total cost per 

airplane 

20 workhours × $65 per hour = $1,300 .... The manufacturer covers under warranty and will supply any parts for the new Uprofile assembly (antenna support bracket) consisting of part numbers: 120A–

2363.02; 120A–2364; and 120A–2365.

$1,300 

Regulatory Findings 

Will this AD impact various entities?

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. 

Will this AD involve a significant rule 

or regulatory action? 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 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES.

Include ‘‘Docket No. FAA–2004–18030; 

Directorate Identifier 2004–CE–13–AD’’

in your request.

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 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. FAA amends § 39.13 by adding a 

new AD to read as follows:

Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Rules and Regulations 64253

2004–22–21 Grob-Werke: Amendment 39–

13849; Docket No. FAA–2004–18030; 

Directorate Identifier 2004–CE–13–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

27, 2004.

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Model G120A airplanes, 

all serial numbers, that are certificated in any 

category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

Germany. The actions specified in this AD 

are intended to detect and correct any 

disbonding/crack in the area between the 

vertical stabilizer main spar and nearby 

stabilizer skin, which could result in possible 

structural failure. This failure could lead to 

difficulty in airplane flight control. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Inspect the area between the vertical stabilizer main spar and the nearby vertical stabilizer skin for any disbonding/crack along 

the spar/skin contact (both sides of the 

vertical stabilizer).

Within the next 50 hours time-in-service (TIS) 

after December 27, 2004 (the effective date 

of this AD), unless already done. Repetitively inspect thereafter at every 50 hours 

TIS.

Follow GROB Luft-und Raumfahrt Service 

Bulletin No. MSB 1121–049, dated April 20, 

2004. The applicable airplane maintenance 

manual also addresses this issue. 

(2) If any disbonding/crack is found during any 

inspection required by paragraph (e)(1) of 

this AD: 

(i) Get a repair instruction from the manufacturer; and 

(ii) Follow this repair instruction. 

(iii) The repetitive inspections of paragraph 

(e)(1) of this AD are still required after any 

repair. 

Before further flight after any inspection required by paragraph (e)(1) of this AD where 

any disbonding/crack is found.

Follow GROB Luft-und Raumfahrt Service 

Bulletin No. MSB1121–049, dated April 20, 

2004; and any repair instruction obtained 

from GROB Luft-und Raumfahrt, 

Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Federal Republic 

of Germany; telephone: 011 49 8268 

998139; facsimile: 011 49 8268 998200. 

Obtain approval of this repair instruction 

through the FAA at the address specified in 

paragraph (f) of this AD. The applicable airplane maintenance manual also addresses 

this issue. 

(3) Calculate weight and balance after any repair required by paragraph (e)(2) of this AD.Before further flight after any repair required 

by paragraph (e0(2) of this AD.

Follow GROB Luft-und Raumfahrt Service 

Bulletin No. MSB1121–049, dated April 20, 

2004. The applicable airplane maintenance 

manual also addresses this issue. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Karl Schletzbaum, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) German AD Number D–2004–204, dated 

April 23, 2004, also addresses the subject of 

this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in GROB 

Luft-und Raumfahrt Service Bulletin No. 

MSB1121–049, dated April 20, 2004. The 

Director of the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get a copy of this 

service information, contact GROB Luft-und 

Raumfahrt, Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Federal Republic of 

Germany; telephone: 011 49 8268 998139; 

facsimile: 011 49 8268 998200. To review 

copies of this service information, go to the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

dms.dot.gov. The docket number is FAA–

2004–18030.

Issued in Kansas City, Missouri, on 

October 27, 2004. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24522 Filed 11–3–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–217–AD; Amendment 

39–13843; AD 2004–22–15] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–400 and –400D Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain Boeing Model 747–

400 series airplanes, that currently 

requires installation of strap assemblies 

on the ceiling panels and rails that 

support the video monitors. For certain 

airplanes, this amendment requires 

replacement of certain plate assemblies 

within the ceiling panel strap 

assemblies with new, improved plate 

assemblies. This amendment also 

revises the applicability by adding 

airplanes. The actions specified by this 

AD are intended to prevent ceiling 

panels from falling into the passenger 

cabin area in the event of failure of