This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

6139

Vol. 69, No. 27

Tuesday, February 10, 2004

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 71 

RIN 3150–AG71 

Compatibility With IAEA 

Transportation Safety Standards and 

Other Transportation Safety 

Amendments; Correction

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Final rule: correction.

SUMMARY: This document corrects a 

final rule appearing in the Federal 

Register on January 26, 2004 (69 FR 

3698) amending the regulations 

governing the packaging and 

transportation of radioactive materials. 

This action is necessary to precisely 

identify provisions that will expire four 

years after the final rule becomes 

effective and the date on which that will 

occur.

EFFECTIVE DATE: The final rule is 

effective on October 1, 2004. Sections 

71.19(a) and 71.20 expire on October 1, 

2008.

FOR FURTHER INFORMATION CONTACT:

Naiem S. Tanious, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–6103, e-mail nst@nrc.gov.

■ 1. On page 3698, the effective date is 

corrected to read as follows: EFFECTIVE

DATE: The final rule is effective on 

October 1, 2004. Sections 71.19(a) and 

71.20 expire on October 1, 2008. 

2. In § 71.19 paragraph (a)(3) is 

corrected to read as follows:

§ 71.19 Previously approved package. 

(a) * * * 

(3) Paragraph (a) of this section 

expires October 1, 2008.

* * * * *

Dated at Rockville, Maryland, this 4th day 

of February, 2004.

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Federal Register Liaison Officer.

[FR Doc. 04–2774 Filed 2–9–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–154–AD; Amendment 

39–13458; AD 2004–03–14] 

RIN 2120–AA64

Airworthiness Directives; Bombardier 

Model DHC–8–102, –103, –106, –201, 

–202, –301, –311, and –315 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Bombardier Model 

DHC–8–102, –103, –106, –201, –202, 

–301, –311, and –315 series airplanes, 

that requires repetitive inspections for 

discrepancies of certain rear spar fittings 

between the flex shaft of the flap 

secondary drive and the wing-tofuselage structure, and corrective action 

if necessary. This action also provides 

for an optional modification of the flex 

shaft installation, which terminates the 

repetitive inspections. This action is 

necessary to find and fix damage and 

prevent subsequent failure of the rear 

spar fittings, which could result in loss 

of the wing. This action is intended to 

address the identified unsafe condition.

DATES: Effective March 16, 2004. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of March 16, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 

1Y5, Canada. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Westbury, New York; 

or at the Office of the Federal Register, 

800 North Capitol Street, NW., suite 

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jon 

Hjelm, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Westbury, New 

York 11581; telephone (516) 228–7300; 

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 certain Bombardier 

Model DHC–8–102, ¥103, ¥106, ¥201, 

¥202, ¥301, ¥311, and ¥315 series 

airplanes was published in the Federal 

Register on November 28, 2003 (68 FR 

66765). That action proposed to require 

repetitive inspections for discrepancies 

of certain rear spar fittings between the 

flex shaft of the flap secondary drive 

and the wing-to-fuselage structure, and 

corrective action if necessary. That 

action also provides for an optional 

modification of the flex shaft 

installation, which would terminate the 

repetitive inspections. 

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 

The FAA estimates that 218 airplanes 

of U.S. registry will be affected by this 

AD. 

It will take about 16 work hours per 

rear spar fitting (two fittings per 

airplane) to accomplish the inspection, 

at an average labor rate of $65 per work 

hour. Based on these figures, the cost 

impact of the inspection required by 

this AD on U.S. operators is estimated 

to be $453,440, or $2,080 per airplane, 

per inspection cycle. 

The cost impact figure discussed 

above is based on assumptions that no 

6140 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

operator has yet accomplished any of 

the 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. 

The optional terminating 

modification, if done, will take about 16 

work hours, at an average labor rate of 

$65 per work hour. Required parts will 

cost about $365 per airplane. Based on 

these figures, we estimate the cost of the 

optional terminating modification to be 

$1,405 per airplane. 

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, Incorporation by reference, 

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:

2004–03–14 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–13458. 

Docket 2003–NM–154–AD.

Applicability: Model DHC–8–102, ¥103, 

¥106, ¥201, ¥202, ¥301, ¥311, and ¥315 

series airplanes; certificated in any category; 

as listed in Bombardier Service Bulletin 8–

27–83, Revision ‘‘A’’, dated February 8, 2002. 

Compliance: Required as indicated, unless 

accomplished previously. 

To find and fix damage and prevent 

subsequent failure of the rear spar fittings 

between the flex shaft of the flap secondary 

drive and the wing-to-fuselage structure, 

which could result in loss of the wing, 

accomplish the following: 

Repetitive Inspections/Corrective Action 

(a) For airplanes with rear spar fittings 

having part number (P/N) 85320053, 

85322060, or 85334180: Within 12 months 

after the effective date of this AD; do a 

detailed inspection for discrepancies 

(chafing, wear damage, cracking) of the rear 

spar fittings located between the flex shaft of 

the flap secondary drive and the wing-tofuselage structure. Do the inspection as 

defined in Parts III.A., III.B., and III.D. of the 

Accomplishment Instructions of Bombardier 

Service Bulletin 8–27–83, Revision ‘‘A’’, 

dated February 8, 2002; except where the 

service bulletin specifies to report inspection 

findings, this AD does not require such 

reporting. Do the inspection per the service 

bulletin, and repeat the inspection thereafter 

at the applicable time specified in Part I.D. 

‘‘Compliance’’ of the service bulletin. Any 

applicable corrective action (high frequency 

eddy current inspection for cracking, 

blending out wear damage, replacement of 

rear spar fittings) must be done at the 

applicable time specified in Part I.D. 

‘‘Compliance’’ of the service bulletin.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘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.’’

Optional Terminating Modification 

(b) Modification of the flex shaft of the flap 

secondary drive per Part III.C. of the 

Accomplishment Instructions of Bombardier 

Service Bulletin 8–27–83, Revision ‘‘A’’, 

dated February 8, 2002, terminates the 

repetitive inspections required by paragraph 

(a) of this AD. 

Actions Done per Previous Issue of Service 

Bulletins 

(c) Accomplishment of the inspections or 

the modification before the effective date of 

this AD in accordance with Bombardier 

Service Bulletin 8–27–83, dated October 19, 

2001, is considered acceptable for 

compliance with the applicable actions 

specified in this AD. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, New York Aircraft Certification 

Office, FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

Incorporation by Reference 

(e) The actions shall be done in accordance 

with Bombardier Service Bulletin 8–27–83, 

Revision ‘‘A’’, dated February 8, 2002. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from 

Bombardier, Inc., Bombardier Regional 

Aircraft Division, 123 Garratt Boulevard, 

Downsview, Ontario M3K 1Y5, Canada. 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

FAA, New York Aircraft Certification Office, 

1600 Stewart Avenue, Westbury, New York; 

or at the Office of the Federal Register, 800 

North Capitol Street, NW., suite 700, 

Washington, DC.

Note 2: The subject of this AD is addressed 

in Canadian airworthiness directive CF–

2001–42, dated November 23, 2001.

Effective Date 

(f) This amendment becomes effective on 

March 16, 2004.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2583 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1

RIN 3038–AC01

Investment of Customer Funds

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Final rule.

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

amending its regulations to allow 

futures commission merchants 

(‘‘FCMs’’) and derivatives clearing 

organizations (‘‘DCOs’’) to engage in 

repurchase agreements (‘‘repos’’) with 

securities deposited by customers, 

subject to certain conditions, and to 

modify the portfolio time-to-maturity 

requirements for securities deposited in 

connection with certain collateral