Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62563

(i) The credit union has been 

chartered for less than two years; or 

(ii) The credit union meets the 

definition of troubled condition in 

paragraph (b)(3) or (4) of this section. 

(2) Waiver of Prior Notice—(i) Waiver 

requests. Parties may petition the 

appropriate Regional Director for a 

waiver of the prior notice required 

under this section. Waiver may be 

granted if it is found that delay could 

harm the credit union or the public 

interest. 

(ii) Automatic waiver. In the case of 

the election of a new member of the 

board of directors or credit committee 

member at a meeting of the members of 

a federally insured credit union, the 

prior 30-day notice is automatically 

waived and the individual may 

immediately begin serving, provided 

that a complete notice is filed with the 

appropriate Regional Director within 48 

hours of the election. If NCUA 

disapproves a director or credit 

committee member, the board of 

directors of the credit union may 

appoint its own alternate, to serve until 

the next annual meeting, contingent on 

NCUA approval. 

(iii) Effect on disapproval authority. A 

waiver does not affect the authority of 

NCUA to issue a Notice of Disapproval 

within 30 days of the waiver or within 

30 days of any subsequent required 

notice. 

(3) Filing procedures—(i) Where to 

file. Notices will be filed with the 

appropriate Regional Director or, in the 

case of a corporate credit union, with 

the Director of the Office of Corporate 

Credit Unions. All references to 

Regional Director will, for corporate 

credit unions, mean the Director of 

Office of Corporate Credit Unions. Statechartered federally insured credit 

unions will also file a copy of the notice 

with their state supervisor. 

(ii) Contents. The notice must contain 

information about the competence, 

experience, character, or integrity of the 

individual on whose behalf the notice is 

submitted. The Regional Director or his 

or her designee may require additional 

information. The information submitted 

must include the identity, personal 

history, business background, and 

experience of the individual, including 

material business activities and 

affiliations during the past five years, 

and a description of any material 

pending legal or administrative 

proceedings in which the individual is 

a party and any criminal indictment or 

conviction of the individual by a state 

or federal court. Each individual on 

whose behalf the notice is filed must 

attest to the validity of the information 

filed. At the option of the individual, 

the information may be forwarded to the 

Regional Director by the individual; 

however, in such cases, the credit union 

must file a notice to that effect. 

(iii) Processing. Within ten calendar 

days after receiving the notice, the 

Regional Director will inform the credit 

union either that the notice is complete 

or that additional, specified information 

is needed and must be submitted within 

30 calendar days. If the initial notice is 

complete, the Regional Director will 

issue a written decision of approval or 

disapproval to the individual and the 

credit union within 30 calendar days of 

receipt of the notice. If the initial notice 

is not complete, the Regional Director 

will issue a written decision within 30 

calendar days of receipt of the original 

notice plus the amount of time the 

credit union takes to provide the 

requested additional information. If the 

additional information is not submitted 

within 30 calendar days of the Regional 

Director’s request, the Regional Director 

may either disapprove the proposed 

individual or review the notice based on 

the information provided. If the credit 

union and the individual have 

submitted all requested information and 

the Regional Director has not issued a 

written decision within the applicable 

time period, the individual is approved. 

(d) Commencement of Service. A 

proposed director, committee member, 

or senior executive officer may begin 

service after the end of the 30-day 

period or any other additional period as 

provided under paragraph (c)(3)(iii) of 

this section, unless the NCUA 

disapproves the notice before the end of 

the period.

* * * * *

[FR Doc. 04–24002 Filed 10–26–04; 8:45 am] 

BILLING CODE 7535–01–P

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 723 

Member Business Loans

AGENCY: National Credit Union 

Administration (NCUA).

ACTION: Final rule.

SUMMARY: NCUA is amending the 

collateral and security requirements of 

its member business loans (MBL) rule to 

enable credit unions subject to the rule 

to participate more fully in Small 

Business Administration (SBA) 

guaranteed loan programs.

DATES: This final rule is effective 

November 26, 2004.

FOR FURTHER INFORMATION CONTACT:

Frank Kressman, Staff Attorney, Office 

of General Counsel, at (703) 518–6540.

SUPPLEMENTARY INFORMATION: 

A. Background 

In 2003, NCUA amended its MBL rule 

and other rules related to business 

lending to enhance credit unions’ ability 

to meet their members’ business loans 

needs. 68 FR 56537 (October 1, 2003). 

In addition to comments on those 

amendments, NCUA received other 

suggestions on how it could improve the 

MBL rule. Among the most significant 

of these, commenters suggested NCUA 

amend the MBL rule ‘‘so that it could be 

better aligned with lending programs 

offered by the Small Business 

Administration,’’ such as the SBA’s 

Basic 7(a) Loan Program. Id. at 56538. 

While NCUA recognized the merits of 

this suggestion, NCUA could not 

include it in the final rulemaking 

because it addressed issues outside the 

scope of the rulemaking. The 

Administrative Procedure Act generally 

prohibits Federal Government agencies 

from adopting rules without affording 

the opportunity for public comment. 5 

U.S.C. 553. NCUA noted in the final 

rule, however, that it would review this 

suggestion to determine if it would be 

appropriate to act on it in a subsequent 

rulemaking. 

As a result of that review, NCUA 

issued a proposed amendment to its 

MBL rule in June 2004 to permit credit 

unions to make SBA guaranteed loans 

under SBA’s less restrictive lending 

requirements instead of under the more 

restrictive MBL rule’s lending 

requirements. 69 FR 39873 (July 1, 

2004). NCUA reviewed the SBA’s loan 

programs in which credit unions can 

participate and determined they provide 

reasonable criteria for credit union 

participation and compliance within the 

bounds of safety and soundness. 

Additionally, these SBA programs are 

ideally suited to the mission of many 

credit unions to satisfy their members’

business loans needs. 

NCUA noted in the proposal that it 

recognizes NCUA’s collateral and 

security requirements for MBLs, 

including construction and 

development loans, are generally more 

restrictive than those of the SBA’s 

guaranteed loan programs and could 

hamper a credit union’s ability to 

participate fully in SBA loan programs. 

As a result, the MBL rule’s collateral 

and security requirements could prevent 

a credit union from making a particular 

loan that it could otherwise make under 

SBA’s requirements. NCUA issued the 

proposal to provide relief from these 

more restrictive requirements and to 

62564 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

help enable credit unions to better serve 

their members’ business loans needs. 

B. Clarification of Existing Authority 

NCUA discussed in the proposal that 

its Office of General Counsel in Legal 

Opinion 03–0911, dated May 20, 2004, 

clarified that NCUA’s general lending 

rule and the Federal Credit Union Act 

(Act) permit federal credit unions 

(FCUs) to make MBLs under the terms 

of the SBA’s guaranteed loan programs 

to the extent the terms and conditions 

under which the guarantee is provided 

are consistent with the requirements 

and limitations in the MBL rule. 12 CFR 

701.21(e); 12 U.S.C. 1757(5)(A)(iii). 

Specifically, the opinion identified loan 

maturity limits, usury ceilings and 

prepayment penalties as terms of the 

SBA’s guaranteed loan programs that an 

FCU could use in lieu of corresponding 

terms in NCUA’s rules. The opinion 

stated, however, that a credit union 

could not rely on the exception for 

government guaranteed loan programs 

in NCUA’s general lending rule and the 

Act with regard to collateral 

requirements for MBLs. 12 CFR 

701.21(e); 12 U.S.C. 1757(5)(A)(iii). The 

opinion explained the MBL rule 

expressly sets collateral requirements 

for MBLs in the form of maximum loanto-value ratios. The collateral 

requirements of the SBA’s guaranteed 

loan programs are not consistent with 

those of the current MBL rule and, 

therefore, cannot be used. The proposed 

amendments to the MBL rule remove 

that impediment by exempting SBA 

guaranteed loans from the MBL rule’s 

collateral requirements. 

The proposal also noted that there 

could be circumstances where a 

business loan made under an SBA loan 

program would not be subject to the 

MBL rule. For example, a $40,000 

business loan with an SBA guarantee to 

a member who has no other loans with 

the originating credit union would be 

too small to meet the definition of an 

MBL. Thus, the credit union in this 

example can rely on the authority 

provided by § 701.21(e) of NCUA’s rules 

and make a business loan as part of an 

SBA loan program under all of the terms 

and conditions required or permitted by 

the program. 

The MBL rule applies to all FCUs and 

to most federally-insured state credit 

unions (FISCUs). The proposal noted 

that a FISCU is exempt from the MBL 

rule only if, after August 7, 1998, the 

enactment of the Credit Union 

Membership Access Act (CUMAA), 

Public Law 105–21, its state supervisory 

authority (SSA) has adopted its own 

business loan rule, with the approval of 

the NCUA Board, for use instead of 

NCUA’s MBL rule. The amendments 

regarding collateral requirements apply 

to all credit unions subject to the MBL 

rule, but it is important to note that legal 

opinion OGC 03–0911 applies only to 

FCUs, not FISCUs. FISCUs follow state 

law and regulation with respect to loan 

maturity, interest rate and prepayment 

penalties. For those issues, the 

relationship between any state law 

limitations and SBA’s requirements 

should be determined by FISCUs in 

consultation with their state supervisory 

authority.

Finally, the proposal noted that, while 

NCUA believes many credit unions 

would greatly benefit from participating 

in SBA programs, NCUA also believes 

that programs of this type can create 

some additional safety and soundness 

concerns. For example, the loans being 

guaranteed are often riskier than other 

loans made by credit unions, and most 

credit unions would not make these 

kinds of loans without the security the 

SBA guarantees provide. NCUA noted it 

is aware that SBA guarantee programs 

generally place stringent requirements 

on participating lenders to comply with 

program requirements or face losing the 

guarantee. Accordingly, the proposal 

recommended that, before a credit 

union becomes a participating lender, it 

makes certain it fully understands the 

terms of the program and has 

procedures in place to assure its 

compliance with all program 

requirements. 

C. Summary of Comments 

NCUA received twenty-four comment 

letters regarding the proposed rule: four 

from FCUs, three from state credit 

unions, one from a private individual, 

seven from credit union trade 

organizations, one from a credit union 

service organization, one from a 

certified development company, one 

from a certified development company 

trade organization, one from a 

professional association representing 

state and territorial regulatory agencies, 

one from a bank, and four from banking 

trade organizations. All commenters 

supported the proposal except the bank 

and banking trade organizations. 

Many of the commenters supporting 

the proposal also offered additional 

comments. For example, seven 

commenters asked NCUA to clarify that 

the proposal applies to SBA’s Certified 

Development Company (504) Loan 

Program in addition to SBA’s Basic 7(a) 

Loan Program. NCUA confirms the 

proposal applies to the 504 Loan 

Program and highlights that the 

proposal expressly states it applies to 

MBLs made as part of an SBA 

guaranteed loan program. 

Four commenters suggested NCUA 

expand the scope of the proposal to 

include other government guaranteed 

loan programs. Three of them 

specifically named the Farm Service 

Agency or United States Department of 

Agriculture loan programs. Two of them 

suggested all government guaranteed 

loan programs be included. As noted in 

the preamble to the proposal, NCUA is 

willing to consider other government 

guaranteed loan programs as it becomes 

apparent there is demand for the 

program among credit unions. 

Two commenters suggested NCUA 

reference Part 702 Prompt Corrective 

Action (PCA) in § 723.4 of the MBL rule 

to indicate PCA applies to member 

business lending. These commenters 

also stated it is burdensome for credit 

unions to have to track and report MBLs 

differently for different purposes. 

Specifically, they noted credit unions 

must do this when calculating net 

member business loan balances 

(NMBLB) under the MBL rule and riskbased net worth (RBNW) requirement 

under PCA. One of these commenters 

asked NCUA to explore ways of 

minimizing this burden. The other 

suggested using the NMBLB for 

purposes of calculating the RBNW 

requirement and permit credit unions to 

exclude MBLs that have been paid 

down below $50,000 from the 

calculation of the RBNW requirement. 

Part 702 is currently referenced in 

§ 723.1 but not in § 723.4. NCUA is 

including a reference to part 702 in 

§ 723.4 in the final rule. While NCUA 

recognizes there is some degree of 

inconvenience associated with tracking 

and reporting MBLs differently when 

calculating NMBLB and RBNW, NCUA 

believes the risks associated with 

making MBLs necessitate this form of 

accounting. Additionally, this system 

helps preserve the flexibility a credit 

union has to exclude MBLs from its 

NMBLB when they have been paid 

down below $50,000. 

Three commenters asked NCUA to 

clarify how an SBA loan term could be 

both less restrictive than an NCUA 

requirement and still consistent with 

the MBL rule. This is possible when an 

SBA term is less restrictive than an 

NCUA requirement that is not 

specifically addressed in the MBL rule. 

For example, maturity limits are not 

specifically addressed in the MBL rule 

but are in the Act and elsewhere in 

NCUA’s regulations. 

The bank and four banking trade 

organizations opposed the proposal 

stating, among other things, it 

contradicts congressional intent to limit 

credit unions’ ability to make MBLs. 

NCUA disagrees. The proposal does not 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62565

increase any congressional limits on the 

kind or amount of MBLs a credit union 

may make. Moreover, the legal authority 

allowing credit unions to make MBLs 

under the terms of an SBA guaranteed 

loan program is in the Act and, 

therefore, directly reflecting 

congressional intent. Finally, 

congressional representatives have 

urged NCUA to use its authority, 

conferred by Congress, to facilitate MBL 

lending and to refrain from imposing 

any limitations on credit unions in this 

context not explicitly called for by 

Congress in CUMAA. 68 FR 56537, 

56538 (October 1, 2003). 

Accordingly, except for technical 

amendments, NCUA adopts the 

proposed amendments to part 723 as 

final without change. 

D. Net Member Business Loan Balance 

The MBL rule uses the phrase ‘‘net 

member business loan balance’’ to 

describe the outstanding loan balance 

plus any unfunded commitments 

reduced by a number of factors. Section 

723.10(h) uses the phrase ‘‘outstanding 

member business loan balance’’ instead 

of ‘‘net member business loan balance.’’

This inconsistent use of language was 

inadvertent and is corrected by 

amending § 723.10(h) to read ‘‘net 

member business loan balance.’’

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small credit unions (those 

under ten million dollars in assets). This 

rule permits credit unions to more fully 

participate in SBA loan programs, 

without imposing any additional 

regulatory burden. The final rule would 

not have a significant economic impact 

on a substantial number of small credit 

unions, and, therefore, a regulatory 

flexibility analysis is not required.

Paperwork Reduction Act 

NCUA has determined that the final 

rule would not increase paperwork 

requirements under the Paperwork 

Reduction Act of 1995 and regulations 

of the Office of Management and 

Budget. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. This final rule would not have 

substantial direct effects on the states, 

on the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

The NCUA has determined that this 

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

of the Treasury and General 

Government Appropriations Act, 1999, 

Pub. L. 105–277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121) provides generally for 

congressional review of agency rules. A 

reporting requirement is triggered in 

instances where NCUA issues a final 

rule as defined by section 551 of the 

Administrative Procedure Act. 5 U.S.C. 

551. The Office of Management and 

Budget has determined that this rule is 

not a major rule for purposes of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996.

List of Subjects in 12 CFR Part 723 

Credit, Credit unions, Reporting and 

recordkeeping requirements.

By the National Credit Union 

Administration Board on October 21, 2004. 

Mary F. Rupp, 

Secretary of the Board.

■ For the reasons stated above, NCUA 

amends 12 CFR part 723 as follows:

PART 723—MEMBER BUSINESS 

LOANS

■ 1. The authority citation for part 723 

continues to read as follows:

Authority: 12 U.S.C. 1756, 1757, 1757A, 

1766, 1785, 1789.

■ 2. Revise the introductory sentence of 

§ 723.3 to read as follows:

§ 723.3 What are the requirements for 

construction and development lending? 

Except as provided in § 723.4 or 

unless your Regional Director grants a 

waiver, loans granted for the 

construction or development of 

commercial or residential property are 

subject to the following additional 

requirements.

* * * * *

■ 3. Revise § 723.4 to read as follows:

§ 723.4 What other regulations apply to 

member business lending? 

(a) The provisions of § 701.21(a) 

through (g) and part 702 of this chapter 

apply to member business loans granted 

by credit unions to the extent they are 

consistent with this part. Except as 

required by part 741 of this chapter, 

federally insured State-chartered credit 

unions are not required to comply with 

the provisions of § 701.21(a) through (g) 

of this chapter. 

(b) If a federal credit union makes a 

member business loan as part of a Small 

Business Administration guaranteed 

loan program with loan requirements 

that are less restrictive than those 

required by NCUA, then the federal 

credit union may follow the loan 

requirements of the relevant Small 

Business Administration guaranteed 

loan program to the extent they are 

consistent with this part. A federally 

insured State-chartered credit union 

that is subject to this part and makes a 

member business loan as part of a Small 

Business Administration guaranteed 

loan program with loan requirements 

that are less restrictive than those 

required by NCUA may follow the loan 

requirements of the relevant Small 

Business Administration guaranteed 

loan program to the extent they are 

consistent with this part if its state 

supervisory authority has determined 

that the credit union has authority to do 

so under State law. 

(c) The collateral and security 

requirements of § 723.3 and § 723.7 do 

not apply to member business loans 

made as part of a Small Business 

Administration guaranteed loan 

program.

■ 4. Revise § 723.7(a) introductory text to 

read as follows:

§ 723.7 What are the collateral and 

security requirements? 

(a) Except as provided in § 723.4 or 

unless your Regional Director grants a 

waiver, all member business loans, 

except those made under paragraphs (c), 

(d), and (e) of this section, must be 

secured by collateral as follows:

* * * * *

■ 5. Revise § 723.10(h) to read as follows:

§ 723.10 What waivers are available?

* * * * *

(h) Maximum aggregate net member 

business loan balance to any one 

62566 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

member or group of associated members 

under § 723.8.

[FR Doc. 04–24001 Filed 10–26–04; 8:45 am] 

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–91–AD; Amendment 

39–13829; AD 2004–22–01] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes on 

Which Cargo Restraint Strap 

Assemblies Have Been Installed per 

Supplemental Type Certificate (STC) 

ST01004NY

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to various transport category 

airplanes on which cargo restraint strap 

assemblies have been installed per STC 

ST01004NY. This amendment requires 

revising the airplane flight manual to 

include a procedure for discontinuing 

the use of certain cargo restraint strap 

assemblies installed per STC 

ST01004NY, if used as the only cargo 

restraint. This amendment also requires 

revising the airplane weight and balance 

manual to include the same procedure 

described previously. The actions 

specified by this AD are intended to 

prevent shifting or unrestrained cargo in 

the cargo compartment, which could 

cause an unexpected change in the 

airplane’s center of gravity, damage to 

the airplane structure and/or flight 

control system, a hazard to the 

flightcrew, and/or possible loss of 

controllability of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Effective December 1, 2004.

ADDRESSES: Information pertaining to 

this AD may be examined at the Federal 

Aviation Administration (FAA), 

Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Jon 

Hjelm, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stuart Ave., suite 410, Westbury, 

New York 11590; telephone (516) 228–

7323; fax (516) 794–5531.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to various transport 

category airplanes on which cargo 

restraint strap assemblies have been 

installed per STC ST01004NY was 

published as a supplemental notice of 

proposed rulemaking (NPRM) in the 

Federal Register on August 4, 2004 (69 

FR 47028). That action proposed to 

require revising the airplane flight 

manual (AFM) to include a procedure 

for discontinuing the use of certain 

cargo restraint strap assemblies installed 

per STC ST01004NY, if used as the only 

cargo restraint. That action also 

proposed to add a requirement to revise 

the airplane weight and balance manual 

(WBM) to include the same procedure 

described previously. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

There are approximately 1,150 

transport category airplanes of the 

affected design in the worldwide fleet. 

We estimate that 735 airplanes of U.S. 

registry will be affected by this AD. 

It will take approximately 1 work 

hour per airplane to accomplish the 

AFM revision, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the AFM 

revision on U.S. operators is estimated 

to be $47,775, or $65 per airplane. 

It will take approximately 1 work 

hour per airplane to accomplish the 

WBM revision, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the WBM 

revision on U.S. operators is estimated 

to be $47,775, or $65 per airplane. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the proposed requirements of this AD 

action, and that no operator would 

accomplish those actions in the future if 

this AD were not adopted. The cost 

impact figures discussed in AD 

rulemaking actions represent only the 

time necessary to perform the specific 

actions actually required by the AD. 

These figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–22–01 Transport Category Airplanes:

Amendment 39–13829. Docket 2002–

NM–91–AD.

Applicability: The following transport 

category airplanes, certificated in any 

category, on which cargo restraint strap 

assemblies part number (P/N) 1519–MCIDS 

have been installed per Supplemental Type 

Certificate (STC) ST01004NY: