25158 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

Development and Review of FDIC

Regulations and Policies

Statement of Policy

Purpose and Scope. The Federal

Deposit Insurance Corporation is

committed to continually improving the

quality of its regulations and policies, to

minimizing regulatory burdens on the

public and the banking industry, and

generally to ensuring that its regulations

and policies achieve legislative goals

effectively and efficiently. The purpose

of this statement of policy (Policy) is to

establish basic principles which guide

the FDIC’s promulgation and review of

regulations and written statements of

policy. The scope of this Policy is

limited to regulations and written

statements of policy issued by the Board

of Directors of the FDIC.

Principles For the Development and

Review of Regulations and Statements

of Policy. The following principles

guide the FDIC in its development of

regulations and written policies:

• Burdens imposed on the banking

industry and the public should be

minimized. Before issuing a regulation

or written statement of policy the FDIC

gives careful consideration to the need

for such an issuance. Frequently a

regulation is required by statute.

Alternatively, the FDIC may identify a

need for a supervisory tool to

implement its statutory obligations, or

to clarify its policy for the benefit of the

banking industry or the public. Once the

need for a regulation or statement of

policy is determined, the FDIC seeks to

minimize to the extent practicable the

burdens which such issuance imposes

on the banking industry and the public.

New reporting and recordkeeping

requirements imposed by a regulation

are carefully analyzed. The effect of the

regulation or statement of policy on

competition within the industry is

considered. Particular attention is

focused on the impact that a regulation

will have on small institutions and

whether there are alternatives to

accomplish the FDIC’s goal which

would minimize any burden on small

institutions. Prior to issuance, the

potential benefits associated with the

regulation or statement of policy are

weighed against the potential costs.

• Regulations and policies should be

clearly and understandably written. The

Board seeks to make its regulations and

statements of policy as clear and as

understandable as possible to those

persons who are affected by them. In

developing or reviewing existing

regulations and statements of policy, the

Board considers the document’s

organizational structure as well as the

specific language used; both are

important components to achieving a

clear and useful statement.

• The public should have a

meaningful opportunity to participate in

the rulemaking process. The Board

seeks to improve its regulations and

statement of policy during the

development phase. Whether a new

regulation is being promulgated or an

existing one revised, the Board gives

careful consideration to the implications

of its actions as public policy. Public

participation in the rulemaking process

is an opportunity for the Board to hear

directly from affected members of the

public with important experience and

thoughtful insights related to the

pertinent issues. A person or

organization may petition the Board for

the issuance, amendment, or repeal of

any regulation or policy by submitting

a written petition to the Executive

Secretary of the FDIC. The petition

should include a complete and concise

statement of the petitioner’s interest in

the subject matter and the reasons why

the petition should be granted.

All rulemaking is carried out in

accordance with the APA, by which the

Board provides the public with notices

of proposed rulemaking and

opportunities to submit comments on

the proposals. The Board will often seek

public comment on proposed statements

of policy as well. All comments and

proposed alternatives received during

the comment period are considered

prior to the issuance of a final rule or

statement of policy. The Board takes

final action on proposed regulations and

policies as promptly as circumstances

allow. If a significant period of time

elapses following the publication of a

proposed rule or policy without final

action, the Board will consider

withdrawing the proposal or republishing it for comment. If the Board

decides to reconsider a proposed

regulation or statement of policy that

has been withdrawn, it will begin the

rulemaking or policy development

process anew.

• Common statutory and supervisory

requirements should be implemented by

the Federal financial institutions

regulators in a uniform way. The FDIC

has many statutory and supervisory

requirements that are common to the

Board of Governors of the Federal

Reserve System, the Office of the

Comptroller of the Currency, the Office

of Thrift Supervision, and/or the

National Credit Union Administration.

The more uniform the Federal financial

institutions regulators can be in their

regulations, policies and approaches to

supervision, the easier it will be for the

industry and the public to comply with

the regulators’ requirements. The FDIC

is a member of the Federal Financial

Institutions Examination Council

(FFIEC) and works with the other

federal financial institutions regulators

through the FFIEC to make uniform

those regulations and policies that

implement common statutory or

supervisory policies.

• Regulations and statements of

policy should be reviewed periodically.

To ensure that the FDIC’s regulations

and written statements of policy are

current, effective, efficient and continue

to meet the principles set forth in this

Policy, the FDIC will periodically

undertake a review of each regulation

and statement of policy. The Executive

Secretary of the FDIC will, consistent

with applicable laws and in

coordination with other financial

institutions regulators, establish a

schedule and procedures for the

reviews. Factors to be considered in

determining whether a regulation or

written policy should be revised or

eliminated include: the continued need

for the regulation or policy;

opportunities to simplify or clarify the

regulation or policy; the need to

eliminate duplicative and inconsistent

regulations and policies; and the extent

to which technology, economic

conditions, and other factors have

changed in the area affected by the

regulation or policy. The result of this

review will be a specific decision for

each regulation and statement of policy

to either revise, rescind or retain the

issuance in its then-current form. The

principles of regulation and statement of

policy development, as articulated at

the beginning of this Policy, will apply

to the periodic reviews as well.

By order of the Board of Directors.

Dated at Washington, D.C. this 28th day of

April, 1998.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 98–12059 Filed 5–6–98; 8:45 am]

BILLING CODE 6714–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–49–AD; Amendment

39–10515; AD 98–10–04]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

France Model SA–365N1, AS–365N2,

and SA–366G1 Helicopters

AGENCY: Federal Aviation

Administration, DOT.
Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations 25159

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Eurocopter France

(Eurocopter) Model SA–365N1, AS–

365N2, and SA–366G1 helicopters, that

requires initial and repetitive

inspections of the tail rotor blade Kevlar

tie-bar (Kevlar tie-bar) for cracks or

delaminations. This amendment is

prompted by a report of delamination of

a Kevlar tie-bar. The actions specified

by this AD are intended to detect cracks

that could lead to delamination of the

Kevlar tie-bar, loss of tail rotor control,

and subsequent loss of control of the

helicopter.

DATES: Effective June 11, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 11,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from American Eurocopter Corporation,

2701 Forum Drive, Grand Prairie, Texas

75053–4005, telephone (972) 641–3460,

fax (972) 641–3527. This information

may be examined at the FAA, Office of

the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room

663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Mathias, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, Fort Worth, Texas

76193–0111, telephone (817) 222–5123,

fax (817) 222–5961.

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 Eurocopter Model

SA–365N1, AS–365N2, and SA–366G1

helicopters was published in the

Federal Register on March 13, 1998 (63

FR 12419). That action proposed to

require initial and repetitive inspections

of the tail rotor blade Kevlar tie-bar for

cracks or delaminations.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comment received.

The sole commenter states that the

proposed AD is more restrictive than

either Eurocopter France Service

Bulletin 05.00.34R3, dated November

14, 1996, or Direction Generale De

L’Aviation Civile (DGAC) AD 92–185–

033(B)R4, dated December 4, 1996,

which allow operation of a helicopter

having cracks that are within a certain

tolerance. The commenter states that not

all cracks warrant replacement of the

part, and that the proposed AD should

give the same parameters for the cracks

as given in the Eurocopter France

service bulletin and the DGAC AD. The

FAA does not concur. Any crack or

delamination of the Kevlar tie-bar could

initiate a failure and lead to loss of

control of the helicopter. The FAA

considers any crack in a flight critical

part to be unsafe, and the part must be

replaced prior to further flght.

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

The FAA estimates that 47 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 4

work hours per helicopter to accomplish

the actions, and that the average labor

rate is $60 per work hour. Required

parts will cost approximately $3,000 per

blade. Based on these figures, the total

cost impact of the AD on U.S. operators

is estimated to be $152,280 to replace

one blade and perform one inspection

on each helicopter.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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 a new airworthiness directive to

read as follows:

AD 98–10–04 Eurocopter France:

Amendment 39–10515. Docket No. 97–

SW–49–AD.

Applicability: SA–365N1, AS–365N2,

and SA–366G1 model helicopters, with

tail rotor blade (blade), Part Number

365A12–010-all dash numbers, 365A12–

0020–00, 365A33–2131-all dash

numbers, or 365A12–0020–20, installed,

certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To detect cracks that could lead to

delamination of the tail rotor blade Kevlar

tie-bar (Kevlar tie-bar), loss of tail rotor

control, and subsequent loss of control of the

helicopter, accomplish the following:

(a) Within 10 hours time-in-service (TIS)

after the effective date of this AD, and

thereafter at intervals not to exceed 250 hours

TIS, inspect each Kevlar tie-bar for a crack or

delamination in accordance with paragraph

B, perational Procedure, of Eurocopter France

Service Bulletin 05.00.34, Revision 3, dated

November 14, 1996.

(b) If any delamination or cracking is found

during any of the inspections required by

paragraph (a) of this AD, remove the blade

and replace it with an airworthy blade before

further flight.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Standards Staff, Rotorcraft Directorate, FAA.

Operators shall submit their requests through
25160 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Rotorcraft Standards Staff.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(e) The inspections and replacement, if

necessary, shall be done in accordance with

Eurocopter France Service Bulletin 05.00.34,

Revision 3, dated November 14, 1996. 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

American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas 75053–

4005, telephone (972) 641–3460, fax (972)

641–3527. Copies may be inspected at the

FAA, Office of the Regional Counsel,

Southwest Region, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on

June 11, 1998.

Note 3: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 92–185–033(B)R4 dated

December 4, 1996.

Issued in Fort Worth, Texas, on April 30,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–12114 Filed 5–6–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 29214; Amdt. No. 1866]

RIN 2120–AA65

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of the adoption of new

or revised criteria, or because of changes

occurring in the National Airspace

System, such as the commissioning of

new navigational facilities, addition of

new obstacles, or changes in air traffic

requirements. These changes are

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under

instrument flight rules at the affected

airports.

DATES: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

incorporated by reference in the

amendment is as follows:

For Examination—

1. FAA Rules Docket, FAA

Headquarters Building, 800

Independence Avenue, SW.,

Washington, DC 20591;

2. The FAA Regional Office of the

region in which the affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

copies may be obtained from:

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800

Independence Avenue, SW.,

Washington, DC 20591; or

2. The FAA Regional Office of the

region in which the affected airport is

located.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8277.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description of each SIAP is

contained in official FAA form

documents which are incorporated by

reference in this amendment under 5

U.S.C. 552(a), 1 CFR part 51, and § 97.20

of the Federal Aviation Regulations

(FAR). The applicable FAA Forms are

identified as FAA Forms 8260–3, and

8260–4, and 8260–5. Materials

incorporated by reference are available

for examination or purchase as stated

above.

The large number of SIAPs, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPs). In developing these

SIAPs, the TERPS criteria were applied

to the conditions existing or anticipated

at the affected airports. Because of the

close and immediate relationship

between these SIAPs and safety in air

commerce, I find that notice and public

procedure before adopting these SIAPs

are impracticable and contrary to the

public interest and, where applicable,

that good cause exists for making some

SIAPs effective in less than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same