Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Rules and Regulations 76603

(1) A separate credit decision based 

upon the borrower’s current financial 

condition before each drawing under 

the lending facility; or 

(2) An annual (or more frequent) 

credit review based upon the borrower’s 

current financial condition to determine 

whether or not the lending facility 

should be continued; and 

(C) The unused portion of retail credit 

card lines or other related plans that are 

unconditionally cancelable by the 

savings association in accordance with 

applicable law.

* * * * *

PART 570—SAFETY AND SOUNDNESS 

GUIDELINES AND COMPLIANCE 

PROCEDURES

■ 15. In the Table of Contents for part 

570, the heading for appendix B is 

revised by removing ‘‘Interagency 

Guidelines Establishing Year 2000 

Standards for Safety and Soundness’’

and inserting ‘‘Interagency Guidelines 

Establishing Standards for Safeguarding 

Customer Information’’.

■ 16. The authority citation for part 570 

continues to read as follows:

Authority: 12 U.S.C. 1831p–1.

■ 17. Revise § 570.1(c) to read as follows:

§ 570.1 Authority, purpose, scope and 

preservation of existing authority.

* * * * *

(c) Scope. This part and the 

Interagency Guidelines Establishing 

Standards for Safety and Soundness as 

set forth at appendix A to this part and 

the Interagency Guidelines Establishing 

Standards for Safeguarding Customer 

Information at appendix B to this part 

implement the provisions of section 39 

of the FDI Act as they apply to savings 

associations.

* * * * *

Dated: December 17, 2004.

By the Office of Thrift Supervision. 

James E. Gilleran, 

Director.

[FR Doc. 04–27978 Filed 12–21–04; 8:45 am] 

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19222; Directorate 

Identifier 2004–CE–29–AD; Amendment 39–

13912; AD 2004–26–01] 

RIN 2120–AA64

Airworthiness Directives; Eagle 

Aircraft (Malaysia) Sdn. Bhd. Model 

Eagle 150B Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for all 

Eagle Aircraft (Malaysia) Sdn. Bhd. 

Model Eagle 150B airplanes. This AD 

requires you to inspect the port and 

starboard undercarriage attach bracket 

for unwelded areas and replace the 

attach bracket if unwelded areas are 

found. This AD results from mandatory 

continuing airworthiness information 

(MCAI) issued by the airworthiness 

authority for Malaysia. We are issuing 

this AD to detect and correct inadequate 

welding of the undercarriage, which 

could result in cracks. This failure could 

lead to loss of control of the airplane.

DATES: This AD becomes effective on 

January 31, 2005. 

As of January 31, 2005, 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 Eagle Aircraft (Malaysia) Sdn. 

Bhd., P.O. Box 1028, Pejabat Pos Besar, 

Melanka, Malaysia, 75150; telephone: 

011 606 317 4105; facsimile: 011 606 

317 7213. 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–2004–19222.

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, 

Small Airplane Directorate, ACE–112, 

901 Locust, Rm 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4149.

SUPPLEMENTARY INFORMATION: 

Discussion 

What events have caused this AD?

The Department of Civil Aviation, 

Malaysia (DCA), which is the 

airworthiness authority for Malaysia, 

recently notified FAA that an unsafe 

condition may exist on all Eagle Aircraft 

Sdn. Bhd. Model Eagle 150B airplanes. 

The DCA reports one case of finding 

cracks on a port main undercarriage 

attach bracket during a routine 

inspection. An unwelded area on the 

adjoining plates of the bracket may have 

caused stress that resulted in the 

cracking. 

What is the potential impact if FAA 

took no action? Inadequate welding of 

the undercarriage attach bracket could 

result in cracks. This failure could lead 

to loss of control of the airplane. 

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 Eagle 

Aircraft Sdn. Bhd. Model Eagle 150B 

airplanes. This proposal was published 

in the Federal Register as a notice of 

proposed rulemaking (NPRM) on 

October 22, 2004 (69 FR 62003). The 

NPRM proposed to require you to 

inspect the port and starboard 

undercarriage attach bracket for 

unwelded areas and replace the attach 

bracket if unwelded areas are found. 

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 

76604 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Rules and Regulations 

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 

13 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 accomplish the inspection:

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

.5 work hours × $65 per hour = $32.50 ...................................................................................... N/A $32.50 $422.50

We estimate the following costs to 

accomplish any necessary replacements 

that will be required based on the 

results of the inspection. We have no 

way of determining the number of 

airplanes that may need this 

replacement:

Labor cost Parts cost Total cost per 

airplane 

1 work hour × $65 per hour = $65 ............................................. If the attach bracket requires replacement, Eagle Aircraft has 

agreed to provide the parts without cost.

$65

Authority for This Rulemaking 

What authority does FAA have for 

issuing this rulemaking action? Title 49 

of the United States Code specifies the 

FAA’s authority to issue rules on 

aviation safety. Subtitle I, Section 106 

describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this AD. 

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–2004–19222; 

Directorate Identifier 2004–CE–29–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:

2004–26–01 Eagle Aircraft (Malaysia) SDN. 

BHD.: Amendment 39–13912; Docket 

No. FAA–2004–19222; Directorate 

Identifier 2004–CE–29–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on January 

31, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Model Eagle 150B 

airplane, serial numbers 016 through 044, 

M1001 through M1003, and M1005, that are 

certificated in any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of unwelded areas 

on the undercarriage attach bracket. The 

actions specified in this AD are intended to 

detect and correct inadequate welding of the 

undercarriage, which could result in cracks. 

This failure could lead to loss of control of 

the airplane. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Inspect the port and starboard undercarriage attach bracket for unwelded areas. Within 50 hours time-in-service after January 

31, 2005 (the effective date of this AD). 

Follow Eagle Aircraft Alert Service Bulletin SB 

1123, dated August 8, 2004. 

(2) If unwelded areas are found: 

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Rules and Regulations 76605

Actions Compliance Procedures 

(i) Contact the manufacturer for replacement parts at mailing address Eagle Aircraft, P.O. Box 1028, Pejabat Pos Besar, 

Melaka, Malaysia 75150; telephone: 

(606) 317–4105, facsimile: (606) 317–

7213; 

(ii) Install the replacement parts. Before further flight after the inspection required by paragraph (e)(1) of this AD. Follow Eagle Aircraft Alert Service Bulletin SB 

1123, dated August 8, 2004. 

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, Small Airplane 

Directorate, ACE–112, 901 Locust, Rm 301, 

Kansas City, Missouri 64106; telephone: 

(816) 329–4146; facsimile: (816) 329–4149. 

Is There Other Information That Relates to 

This Subject? 

(g) DCA CAM AD 001–08–2004, dated 

August 12, 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 Eagle 

Aircraft Alert Service Bulletin SB 1123, dated 

August 8, 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 Eagle Aircraft, P.O. Box 

1028, Pejabat Pos Besar, Melaka, Malaysia, 

75150; telephone: 011 606 317 4105; 

facsimile: 011 606 317 7213. 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–

2004–19222.

Issued in Kansas City, Missouri, on 

December 13, 2004. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27814 Filed 12–21–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–97–AD; Amendment 

39–13909; AD 2004–25–21] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Model EMB–135 

and –145 series airplanes. This AD 

requires modification of the pitch trim 

system, which includes replacing 

certain components of the system with 

new or serviceable components, and 

upgrading certain software to a newer 

version. This action is necessary to 

prevent the temporary loss of the pitch 

trim command, which could result in 

reduced controllability of the airplane 

and consequent injury to the flightcrew 

and passengers. This action is intended 

to address the identified unsafe 

condition.

DATES: Effective January 26, 2005. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 26, 

2005.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), PO Box 343—CEP 

12.225, Sao Jose dos Campos—SP, 

Brazil. 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 National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call (202) 741–

6030, or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

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: 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 Model 

EMB–135 and –145 series airplanes was 

published in the Federal Register on 

February 6, 2004 (69 FR 5759). That 

action proposed to require modification 

of the pitch trim system, which includes 

replacing certain components of the 

system with new or serviceable 

components, and upgrading certain 

software to a newer version. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Request To Include New Revision of 

Service Bulletin 145–31–0042

One commenter requests that we use 

EMBRAER Service Bulletin 145–31–

0042, Revision 01, dated January 7, 

2004, as the appropriate source of 

service information for replacing certain 

integrated computers (IC) in paragraph 

(b)(4) of the proposed AD. The 

commenter states that the ICs in this 

service bulletin are upgrades, and 

classified as optional replacements for 

the IC–600 computers referenced in 

EMBRAER Service Bulletin 145–31–

0033, Revision 03, dated August 25, 

2003, which is the appropriate source of 

service information for replacing certain 

IC–600 computers per paragraph (b)(4) 

of the proposed AD. 

We partially agree with the 

commenter’s request. We agree that 

EMBRAER Service Bulletin 145–31–

0042, Revision 01, may be used as an 

optional source of service information 

for doing the actions in paragraph (b)(4)