Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 68265

number. This collection of information 

is currently approved under OMB 

Control Number 1550–0012. This 

proposal would not change the 

collection of information. 

Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, OTS certifies 

that since the proposal would not have 

a significant economic impact on a 

substantial number of small entities. It 

would not impose any additional 

paperwork or regulatory reporting 

requirements. It would simply 

encourage savings associations to 

increase their community development 

lending, qualified investments, and 

community development services in 

rural areas, with a particular focus on 

increasing these activities in 

underserved nonmetropolitan areas, by 

expanding the definition of ‘‘community 

development.’’ The proposal also 

solicits comment on further encouraging 

savings associations to perform 

community development activities in 

areas affected by natural or other 

disasters or other major community 

disruptions. The other portions of the 

proposal relate only to the treatment of 

savings associations under the retail test 

mandated only for large institutions. 

Executive Order 12866 Determination 

OTS has determined that this 

proposal is not a significant regulatory 

action under Executive Order 12866. 

Unfunded Mandates Reform Act of 1995 

Determination 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4 (Unfunded Mandates Act) 

requires that an agency prepare a 

budgetary impact statement before 

promulgating a rule that includes a 

Federal mandate that may result in 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of the 

Unfunded Mandates Act also requires 

an agency to identify and consider a 

reasonable number of regulatory 

alternatives before promulgating a rule. 

OTS has determined that this rule 

would not result in expenditures by 

State, local, and tribal governments, or 

by the private sector, of $100 million or 

more. Accordingly, OTS has not 

prepared a budgetary impact statement 

nor specifically addressed the regulatory 

alternatives considered.

List of Subjects in 12 CFR Part 563e 

Community development, Credit, 

Investments, Reporting and 

recordkeeping requirements, Savings 

associations.

Office of Thrift Supervision

12 CFR Chapter V 

For the reasons outlined in the 

preamble, the Office of Thrift 

Supervision proposes to amend part 

563e of chapter V of title 12 of the Code 

of Federal Regulations as set forth 

below:

PART 563e—COMMUNITY 

REINVESTMENT 

1. The authority citation for part 563e 

continues to read as follows:

Authority: 12 U.S.C. 1462a, 1463, 1464, 

1467a, 1814, 1816, 1828(c), and 2901 through 

2907.

2. Revise § 563e.12(f)(2) and (4) to 

read as follows:

* * * * *

(f) Community development means:

* * * * *

(2) Community services targeted to 

low- or moderate-income individuals or 

to individuals in rural areas;

* * * * *

(4) Activities that revitalize or 

stabilize low- or moderate-income 

geographies or rural areas.

* * * * *

Dated: November 18, 2004.

By the Office of Thrift Supervision. 

James E. Gilleran, 

Director.

[FR Doc. 04–26011 Filed 11–23–04; 8:45 am] 

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19681; Directorate 

Identifier 2003–NM–184–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

BAE Systems (Operations) Limited 

Model BAe 146 series airplanes. This 

proposed AD would require repetitive 

detailed inspections for cracking of the 

elevator ‘‘G’’ weight support structure, 

and repairs if necessary. This proposed 

AD also provides for an optional 

terminating action. This proposed AD is 

prompted by reported cracking of the 

elevator ‘‘G’’ weight support structure. 

We are proposing this AD to prevent 

failure of the elevator ‘‘G’’ weight 

support structure with possible 

consequent jamming of the right-hand 

elevator servo tab and reduced 

controllability of the airplane.

DATES: We must receive comments on 

this proposed AD by December 27, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By 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. 

You can get the service information 

identified in this proposed AD from 

British Aerospace Regional Aircraft 

American Support, 13850 Mclearen 

Road, Herndon, Virginia 20171. 

You may examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or 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.

FOR FURTHER INFORMATION CONTACT:

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.

SUPPLEMENTARY INFORMATION: 

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 

68266 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19681; Directorate Identifier 

2003–NM–184–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed 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 proposed 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 may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you may 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 that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You may examine the AD docket 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. 

Discussion 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the United Kingdom, notified us that an 

unsafe condition may exist on certain 

BAE Systems (Operations) Limited 

Model BAe 146 series airplanes. The 

CAA advises that operators have 

reported cracking of the elevator ‘‘G’’

weight support structure. This cracking 

could result from increased loading 

following nose wheel shimmy, 

overweight, hard or high drag/side load 

landing, flight in severe turbulence, or 

pitch oscillation. Cracking of the 

elevator ‘‘G’’ weight support structure, if 

not corrected, could result in failure of 

the elevator ‘‘G’’ weight support 

structure with possible consequent 

jamming of the right-hand elevator servo 

tab and reduced controllability of the 

airplane. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Inspection Service Bulletin 

ISB.27–037, Revision 3, dated April 17, 

2003. The ISB describes procedures for 

repetitive detailed inspections of the 

elevator ‘‘G’’ weight support structure 

for cracking, and applicable repairs. The 

CAA mandated the service information 

and issued British airworthiness 

directive 006–04–2003 to ensure the 

continued airworthiness of these 

airplanes in the United Kingdom. 

BAE Systems (Operations) Limited 

has also issued Modification Service 

Bulletin SB.27–037–00654A, Revision 2, 

dated May 8, 2003, which eliminates the 

need for the inspections described in 

ISB.27–037, Revision 3. The terminating 

action introduces a new elevator ‘‘G’’

weight support structure with machined 

castings, which replaces the existing 

elevator ‘‘G’’ weight support structure 

with light alloy pressings. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in the United Kingdom and is type 

certificated for operation in the United 

States under the provisions of § 21.29 of 

the Federal Aviation Regulations (14 

CFR 21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the CAA has kept the FAA informed of 

the situation described above. We have 

examined the CAA’s findings, evaluated 

all pertinent information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require repetitive detailed 

inspections of the elevator ‘‘G’’ weight 

support structure for cracking, and 

applicable repairs. The proposed AD 

would require you to use the service 

information described previously to 

perform these actions, except as 

discussed under ‘‘Differences Between 

Proposed AD and Referenced Service 

Bulletins.’’

This proposed AD also would provide 

for an optional terminating action for 

the repetitive inspections. 

Consistent with the findings of the 

CAA, the proposed AD would allow 

repetitive inspections to continue in 

lieu of the terminating action. In making 

this determination, we considered that 

long-term continued operational safety 

in this case will be adequately ensured 

by repetitive inspections to detect 

cracking before it represents a hazard to 

the airplane. 

Differences Between Proposed AD and 

British Airworthiness Directive 

British airworthiness directive 006–

04–2003 applies to ‘‘Model BAe 146 pre 

Modification HCM00654A.’’ However, 

we have determined that a more 

detailed action is required to ensure that 

the unsafe condition has been corrected 

on all Model BAe 146 airplanes. 

Therefore, this proposed AD applies to 

all Model BAe 146 series airplanes and 

specifies a one-time general visual 

inspection to determine whether 

Modification HCM00654A has been 

done. We have coordinated this 

difference with the CAA. 

Differences Between Proposed AD and 

Referenced Service Bulletins 

Although the referenced service 

bulletins describe procedures for 

reporting inspection results to the 

manufacturer, this proposed AD would 

not require that action. We do not need 

this information from operators. 

Unlike the procedures described in 

Service Bulletin ISB.27–037, Revision 3, 

this proposed AD would not permit 

further flight if cracks are detected in 

the elevator ‘‘G’’ weight support 

structure. We have determined that, 

because of the safety implications and 

consequences associated with such 

cracking, any cracked elevator ‘‘G’’

weight support structure must be 

repaired or modified before further 

flight. 

The service bulletins specify that you 

may contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions 

using a method that we or the CAA (or 

its delegated agent) approves. In light of 

the type of repair that would be required 

to address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this proposed AD, 

a repair approved by the CAA or us 

would be acceptable for compliance 

with this proposed AD.

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 68267

Costs of Compliance 

This proposed AD would affect about 

19 airplanes of U.S. registry. The 

proposed actions would take about 1 

work hour per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the proposed AD for U.S. operators is 

$1,235, or $65 per airplane per 

inspection cycle. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 proposed 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 proposed 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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):

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2004–19681; 

Directorate Identifier 2003–NM–184–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 27, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146 series 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by reported 

cracking of the elevator ‘‘G’’ weight support 

structure. We are issuing this AD to prevent 

failure of the elevator ‘‘G’’ weight support 

structure with possible consequent jamming 

of the right-hand elevator servo tab and 

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. 

Verification of Applicability 

(f) Before the accumulation of 14,000 total 

landings, or within 4,000 landings after the 

effective date of this AD, whichever is later: 

Perform a one-time general visual inspection 

of the elevator ‘‘G’’ weight support structure 

to determine whether BAE Systems 

(Operations) Limited Modification 

HCM00654A as described in BAE Systems 

(Operations) Limited Modification Service 

Bulletin SB.27–037–00654A, Revision 2, 

dated May 8, 2003, has been incorporated on 

the airplane. If it can be conclusively 

determined that HCM00654A has been 

incorporated, no further action is required by 

this AD.

Note 1: 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 enhance visual access to 

all exposed 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.’’

Inspection 

(g) For airplanes on which BAE Systems 

(Operations) Limited Modification 

HCM00654A has not been done and 

airplanes on which it cannot be conclusively 

determined that this modification has been 

done: Before the accumulation of 14,000 total 

landings, or within 4,000 landings after the 

effective date of this AD, whichever is later, 

except as provided by paragraph (h) of this 

AD, perform a detailed inspection for 

cracking of the elevator ‘‘G’’ weight support 

structure, in accordance with the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.27–037, Revision 3, 

dated April 17, 2003. 

(1) If no crack is found and the structure 

has not been repaired previously, repeat the 

inspection at intervals not to exceed 4,000 

landings. 

(2) If no crack is found but the structure 

has been repaired previously, repeat the 

inspection at applicable intervals specified in 

appendix 1 of the service bulletin.

Note 2: For the purposes of this AD, a 

detailed inspection is ‘‘an intensive visual 

examination of a specific structural area, 

system, installation, or assembly to detect 

damage, failure, or irregularity. Available 

lighting is normally supplemented with a 

direct source of good lighting at intensity 

deemed appropriate by the inspector. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be used. Surface cleaning 

and elaborate access procedures may be 

required.’’

Post-Incident Inspection 

(h) If, before or after any inspection 

required by this AD, the airplane experiences 

any incident of nose wheel shimmy, 

overweight, hard or high drag/side load 

landing, flight in severe turbulence, or pitch 

oscillation; before further flight, repeat the 

inspection required by paragraph (g) of this 

AD. If no crack is found, repeat the 

inspection required by paragraph (g)(1) or 

(g)(2) of this AD, as applicable. 

Corrective Actions 

(i) If any crack is found during any 

inspection required by paragraph (g) or (h) of 

this AD, before further flight, replace the 

elevator ‘‘G’’ weight support structure in 

accordance with paragraph (j) of this AD, or 

repair the structure in accordance with a 

method approved by the Manager, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, or the Civil 

Aviation Authority (CAA) (or its delegated 

representative). 

Optional Terminating Action 

(j) Replacement of the existing elevator ‘‘G’’

weight support structure with a new, 

improved elevator ‘‘G’’ weight support 

structure in accordance with BAE Systems 

(Operations) Limited Modification Service 

Bulletin SB.27–037–00654A, Revision 2, 

dated May 8, 2003, terminates the repetitive 

inspections required by paragraph (g) of this 

AD. 

No Reporting Requirement 

(k) Although the service bulletins 

referenced in this AD specify to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

Alternative Methods of Compliance 

(l) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, is 

authorized to approve alternative methods of 

compliance for this AD. 

Related Information 

(m) British airworthiness directive 006–04–

2003 also addresses the subject of this AD.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26032 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P