Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Proposed Rules 895

necessary for the proper performance of 

the OCC’s functions, including whether 

the information has practical utility; 

(2) The accuracy of the OCC’s 

estimate of the burden of the 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(4) Ways to minimize the burden of 

the information collection on 

respondents; including the use of 

automated collection techniques or 

other forms of information technology; 

and 

(5) Estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Comments should be sent to: John 

Ference, Clearance Officer, Office of the 

Comptroller of the Currency, Legislative 

and Regulatory Activities Division, 

Attention: 1557–0194, 250 E Street, 

SW., Mailstop 8–4, Washington, DC 

20219. Due to delays in paper mail in 

the Washington area, commenters are 

encouraged to submit their comments 

by fax to (202) 874–4889 or by e-mail to 

camille.dixon@occ.treas.gov. Joseph F. 

Lackey, Jr., Desk Officer, Office of 

Information and Regulatory Affairs, 

Attention: 1557–0014, Office of 

Management and Budget, Room 10235, 

Washington, DC 20503. Comments may 

also be sent by e-mail to 

jlackeyj@omb.eop.gov.

List of Subjects in 12 CFR Part 5 

Administrative practice and 

procedure, National banks, Reporting 

and recordkeeping requirements.

Authority and Issuance 

For reasons set forth in the preamble, 

the OCC proposes to amend part 5 of 

chapter I of title 12 of the Code of 

Federal Regulations as follows:

PART 5—RULES, POLICIES, AND 

PROCEDURES FOR CORPORATE 

ACTIVITIES 

1. The authority citation for part 5 is 

revised to read as follows:

Authority: 12 U.S.C. 1 et seq., 24a, 

24(Seventh), 93a, 1818, and 3101 et seq.

2. In § 5.20, revise all references to 

‘‘operating plan’’ or ‘‘operating plans’’ to 

read ‘‘business plan or operating plan’’

or ‘‘business plans or operating plans,’’

as appropriate. 

3. In Subpart D—Other Changes in 

Activities and Operations, a new § 5.53 

is added to read as follows:

§ 5.53 Change in asset composition. 

(a) Authority. 12 U.S.C. 93a, 1818. 

(b) Scope. This section requires a 

national bank to obtain the approval of 

the OCC before changing the 

composition of all, or substantially all, 

of its assets through sales or other 

dispositions or, having sold or disposed 

of all or substantially all of its assets, 

through subsequent purchases or other 

acquisitions. 

(c) Approval requirement. (1) A 

national bank must file an application 

and obtain the prior written approval of 

the OCC before changing the 

composition of all, or substantially all, 

of its assets (i) through sales or other 

dispositions or, (ii) having sold or 

disposed of all or substantially all of its 

assets, through subsequent purchases or 

other acquisitions. 

(2) In determining whether to approve 

an application under paragraph (c)(1) of 

this section, the OCC will consider the 

purpose of the transaction, its impact on 

the safety and soundness of the bank, 

and any effect on the bank’s customers, 

and may deny the application if the 

transaction would have a negative effect 

in any such respect. Where a national 

bank has sold or otherwise disposed of 

all or substantially all of its assets in a 

transaction requiring approval under 

paragraph (c)(1)(i) of this section, the 

OCC’s review of any subsequent change 

in asset composition through purchase 

or other acquisition will include, in 

addition to the foregoing factors, the 

factors governing the organization of a 

bank under § 5.20. 

(d) Exception. This section does not 

apply to a change in composition of all, 

or substantially all, of a bank’s assets 

that the bank undertakes in response to 

direction from the OCC (e.g., in an 

enforcement action pursuant to 12 

U.S.C. 1818) or pursuant to a statute or 

regulation that requires OCC review or 

approval (e.g., a voluntary liquidation 

pursuant to 12 U.S.C. 181 and 12 CFR 

5.48).

Dated: December 30, 2003. 

John D. Hawke, Jr., 

Comptroller of the Currency.

[FR Doc. 04–247 Filed 1–6–04; 8:45 am] 

BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–236–AD] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP Model Astra SPX and 

1125 Westwind Astra Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to 

certain Model Astra SPX and 1125 

Westwind Astra series airplanes. This 

proposal would require detailed 

inspections and resistance 

measurements of the starter generator 

electrical cables of both engines to 

detect damage, and replacement of the 

electrical cable and cable support if any 

damage is found. This proposal would 

also require eventual replacement of the 

cable support. This action is necessary 

to prevent chafing of the starter 

generator cable, which could result in 

electrical arcing in the vicinity of a fuel 

line, and possible fire or explosion. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

February 6, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2002–NM–

236–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2002–NM–236–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Gulfstream Aerospace Corporation, P.O. 

Box 2206, Mail Station D25, Savannah, 

Georgia 31402. This information may be 

examined at the FAA, Transport 

896 Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Proposed Rules 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested.

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2002–NM–236–AD.’’

The postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2002–NM–236–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

The Civil Aviation Administration of 

Israel (CAAI), which is the 

airworthiness authority for Israel, 

notified the FAA that an unsafe 

condition may exist on certain 

Gulfstream Aerospace LP Model Astra 

SPX and 1125 Westwind Astra series 

airplanes. The CAAI advises that there 

has been a report of electrical failure on 

one airplane. Investigation revealed that 

the starter generator electrical cable was 

chafed in the area of the firewall 

support, and that the cable shorted to 

the structure. This condition, if not 

corrected, could result in electrical 

arcing in the vicinity of a fuel line, and 

possible fire or explosion. 

Explanation of Relevant Service 

Information 

Gulfstream Aerospace LP has issued 

Gulfstream Service Bulletin 100–54–

252, dated April 24, 2002, which 

describes procedures for repetitive 

detailed inspections of the starter 

generator electrical cables of both 

engines to detect damage. If no damage 

is found, the service bulletin describes 

procedures for measuring the insulation 

resistance between the cable and the 

support. If any damage is found or if the 

insulation resistance is less than 20 

megaohms, the service bulletin 

describes procedures for replacement of 

the electrical cables and cable support 

prior to further flight. If no damage is 

found, and the insulation resistance is 

more than 20 megaohms, the service 

bulletin describes procedures for 

repetitive inspection and eventual 

replacement of the cable support at the 

next engine removal. Replacement of 

the cable support and the cable, as 

necessary, is considered terminating 

action for repetitive inspections. 

Accomplishment of the actions 

specified in the service bulletin is 

intended to adequately address the 

identified unsafe condition. The CAAI 

classified this service bulletin as 

mandatory and issued Israeli 

airworthiness directive 54–02–06–12, 

dated July 4, 2002, to ensure the 

continued airworthiness of these 

airplanes in Israel. 

FAA’s Conclusions 

These airplane models are 

manufactured in Israel and are 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 CAAI has kept the FAA informed of 

the situation described above. The FAA 

has examined the findings of the CAAI, 

reviewed all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Explanation of Requirements of 

Proposed Rule 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other airplanes of the same 

type design registered in the United 

States, the proposed AD would require 

accomplishment of the actions specified 

in the service bulletin described 

previously, except as discussed below.

Differences Between the Proposed AD 

and the Service Bulletin 

While the service bulletin gives a 

compliance time of ‘‘at the next engine 

removal’’ for replacement of the cable 

support if no damage is found, this 

proposed AD gives a compliance time 

for the replacements of ‘‘within 5 years 

after the effective date of this AD, or at 

the next engine removal, whichever 

occurs first.’’ This difference has been 

coordinated with the CAAI. 

Although the service bulletin 

specifies to submit certain information 

to the manufacturer, this proposed AD 

does not include such a requirement. 

Difference Between the Proposed AD 

and the Israeli AD 

While the Israeli AD does not require 

repetitive inspections until replacement, 

the proposed AD would require, and the 

service bulletin recommends repetitive 

inspections at intervals not to exceed 

250 flight hours until the applicable 

replacement is accomplished. 

Cost Impact 

The FAA estimates that 55 airplanes 

of U.S. registry would be affected by this 

proposed AD; that it would take 

approximately 2 work hours per 

airplane to accomplish the proposed 

inspection and measurement; 4 hours 

per airplane to accomplish the proposed 

replacement of the cable support if no 

damage is found; and 12 hours per 

airplane to accomplish the proposed 

replacement of the cable and cable 

support if any damage is found. The 

average labor rate is $65 per work hour. 

All necessary parts will be provided by 

the manufacturer free of charge. Based 

on these figures, the cost impact of the 

proposed inspection and measurement 

on U.S. operators is estimated to be 

$7,150, or $130 per airplane, per 

inspection cycle. For airplanes on 

which no damage is found, the cost 

impact of the proposed replacement on 

U.S. operators is estimated to be 

Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Proposed Rules 897

$14,300, or $260 per airplane. For 

airplanes on which damage is found, the 

cost impact of the proposed replacement 

on U.S. operators is estimated to be 

$42,900, or $780 per airplane. 

The cost impact figure discussed 

above is 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 proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that this 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) if 

promulgated, 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 copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting 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.

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend 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:

Gulfstream Aerospace LP (Formerly Israel 

Aircraft Industries, Ltd.): Docket 2002–

NM–236–AD. 

Applicability: Model Astra SPX and 1125 

Westwind Astra series airplanes, serial 

numbers 004 through 141 inclusive; 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent chafing of the starter generator 

cable, which could result in electrical arcing 

in the vicinity of a fuel line, and possible fire 

or explosion, accomplish the following: 

Service Bulletin Reference 

(a) The following information pertains to 

the service bulletin referenced in this AD: 

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

this AD, means the Accomplishment 

Instructions of Gulfstream Service Bulletin 

100–54–252, dated April 24, 2002. 

(2) Although the service bulletin 

referenced in this AD specifies to submit 

certain information to the manufacturer, this 

AD does not include such a requirement. 

Initial and Repetitive Inspections 

(b) Within 250 flight hours after the 

effective date of this AD, perform a detailed 

inspection of the starter generator electrical 

cables of both engines to detect damage, per 

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.’’

Follow-on Action if No Damage Is Found 

(c) If no damage is found during any 

inspection required by paragraph (b) of this 

AD: Before further flight, measure the 

insulation resistance between the starter 

generator cable and firewall support in 

accordance with the service bulletin. 

(1) If the measured resistance is less than 

20 Megaohms: Before further flight, replace 

the electrical cables and cable support per 

paragraph (d) of this AD. 

(2) If the measured resistance is greater 

than or equal to 20 Megaohms, repeat the 

inspection required by paragraph (b) of this 

AD at intervals not to exceed 250 flight 

hours, including the follow-on measurement 

in paragraph (c), as applicable, until the 

applicable replacement required by 

paragraph (d) or (e) of this AD is 

accomplished. 

Replacement if Any Damage Is Found 

(d) If any damage is found during any 

inspection required by paragraph (b), or if the 

insulation resistance as required to be 

measured by paragraph (c) of this AD is less 

than 20 megaohms: Before further flight, 

replace the electrical cables and cable 

support per Part C of the service bulletin. 

This replacement terminates the repetitive 

inspections required by paragraph (b) and the 

measurement required by paragraph (c) of 

this AD, for that affected engine. 

Replacement if No Damage is Found 

(e) If no damage is found during any 

inspection required by paragraph (b) or if the 

insulation resistance as required to be 

measured by paragraph (c) of this AD is 

greater than or equal to 20 megaohms: Within 

5 years after the effective date of this AD, or 

at the next engine removal, whichever comes 

first, replace the cable support per Part B of 

the service bulletin. This replacement 

terminates the repetitive inspections required 

by paragraph (b) and the measurement 

required by paragraph (c) of this AD, for that 

affected engine. 

Alternative Methods of Compliance 

(f) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD.

Note 2: The subject of this AD is addressed 

in Israeli airworthiness directive 54–02–06–

12, dated July 4, 2002.

Issued in Renton, Washington, on 

December 31, 2003. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–271 Filed 1–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–289–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, and –200C Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to all 

Boeing Model 737–100, –200, and 

–200C series airplanes. This proposal 

would require repetitive inspections to 

detect discrepancies of certain fuselage 

skin panels located just aft of the wheel 

well, and repair if necessary. The 

actions specified by the proposed AD 

are intended to detect and correct