Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38463

III. Effective Date

The OTS has determined that there is

good cause to dispense with a 30-day

delayed effective date under 5 U.S.C.

553(d)(3). The revised disclosure

requirements reduce regulatory

confusion by conforming the OTS

disclosure rules under the HOLA more

closely to those of the FRB under TILA.

The changes do not have an adverse

impact on savings associations because

they reduce regulatory burden.

Moreover, the substantive changes to

disclosure requirements were

immediately effective upon publication

of the interim rule in January, 1998 and

many institutions have already adopted

the changes. Accordingly, OTSregulated institutions will not require

additional time to adjust their policies

or practices to comply with the rule.

The OTS has also determined, for the

reasons stated in the preceding

paragraph, that good cause exists to

adopt an effective date that is before

date that would otherwise be required

by section 302 of CDRIA (i.e., the first

day of the calendar quarter after the date

of publication).

Accordingly, the final rule is effective

immediately. However, like the FRB

rule, compliance with the OTS rule is

optional until October 1, 1998.

IV. Paperwork Reduction Act of 1995

The collections of information

contained in this final rule were

submitted to and approved by the Office

of Management and Budget in

accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C.

3507(d)) under OMB Control Number

1550–0078.

Comments on all aspects of this

information collection above should be

sent to the Office of Management and

Budget, Paperwork Reduction Project

(1550–0078), Washington, DC 20503,

with copies to the Office of Thrift

Supervision, 1700 G Street, NW,

Washington, DC 20552.

Under the Paperwork Reduction Act

of 1995, no persons are required to

respond to a collection of information

unless it displays a valid OMB control

number. The valid OMB control number

assigned to the collection of information

in this final rule is displayed at 12 CFR

506.1(b).

The collection of information

requirements in this final rule are found

at 12 CFR 560.210. The OTS needs the

disclosures requirements to ensure that

savings associations comply with a

statutory TILA requirement and to

otherwise supervise safe and sound

lending by savings associations. The

likely respondents/recordkeepers are

OTS-regulated savings associations.

V. Executive Order 12866

The Director of the OTS has

determined that this final rule does not

constitute a ‘‘significant regulatory

action’’ for the purposes of Executive

Order 12866.

VI. Regulatory Flexibility Act Analysis

Pursuant to section 605(b) of the

Regulatory Flexibility Act, the OTS

certifies that this final rule will not have

a significant economic impact on a

substantial number of small entities.

The final rule will not impose any

additional burdens or requirements.

Rather, it reduces the disclosures

required for ARMs and eases the

compliance burden on all savings

associations, including small savings

associations. Accordingly, a regulatory

flexibility analysis is not required.

VII. Unfunded Mandates Act of 1995

The OTS has determined that the

requirements of this final rule will not

result in expenditures by State, local,

and tribal governments, or by the

private sector, of more than $100

million in any one year. Accordingly, a

budgetary impact statement is not

required under section 202 of the

Unfunded Mandates Act of 1995, as

codified at 2 U.S.C. 1571(a).

List of Subjects in 12 CFR Part 560

Consumer protection, Investments,

Manufactured homes, Mortgages,

Reporting and recordkeeping

requirements, Savings associations.

Accordingly, the Office of Thrift

Supervision amends title 12, chapter V,

of the Code of Federal Regulations as set

forth below:

PART 560—LENDING AND

INVESTMENT

1. The authority citation for part 560

continues to read as follows:

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

1464, 1467a, 1701j–3, 1828, 3803, 3806; 42

U.S.C. 4106.

2. Section 560.210 is revised to read

as follows:

§ 560.210 Disclosures for variable rate

transactions.

A savings association must provide

the initial disclosures described at 12

CFR 226.19(b) and the adjustment

notices described at 12 CFR 226.20(c)

for variable rate transactions, as

described in those regulations. The OTS

administers and enforces those

provisions for savings associations.

Dated: July 14, 1998.

By the Office of Thrift Supervision.

Ellen Seidman,

Director.

[FR Doc. 98–19143 Filed 7–16–98; 8:45 am]

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–133–AD; Amendment

39–10662; AD 98–15–11]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

replacing the existing roll spoiler

control rods with improved parts. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent bending stress to the fork end of

the roll spoiler, which could result in

failure of the roll spoiler and

consequent reduced controllability of

the airplane.

DATES: Effective August 21, 1998. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of August 21, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Fairchild Dornier, Dornier

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. 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 Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

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)
38464 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

that is applicable to certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

May 20, 1998 (63 FR 27690). That action

proposed to require replacing the

existing roll spoiler control rods with

improved parts.

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 50 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 3

work hours per airplane to accomplish

the required replacement, and that the

average labor rate is $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the replacement required by this AD

on U.S. operators is estimated to be

$9,000, or $180 per airplane.

The cost impact figure discussed

above is based on assumptions that no

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.

Regulatory Impact

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 the following new airworthiness

directive:

98–15–11 Dornier Luftfahrt GMBH:

Amendment 39–10662. Docket 98–NM–

133–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3047

inclusive; certificated in any category.

Note 1: This AD applies to each airplane

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

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent bending stress to the fork end

of the roll spoiler, which could result in

failure of the roll spoiler and consequent

reduced controllability of the airplane,

accomplish the following:

(a) Within 4 months after the effective date

of this AD, replace the existing roll spoiler

control rods on the right and left sides of the

airplane with improved parts, in accordance

with Dornier Service Bulletin SB–328–27–

247, Revision 1, dated February 19, 1998.

(b) 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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their request through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) 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 airplane to

a location where the requirements of this AD

can be accomplished.

(d) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–27–247, Revision 1, dated February

19, 1998. 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 Fairchild Dornier, Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230 Wessling,

Germany. Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

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

the Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in German airworthiness directive 1998–042,

dated January 29, 1998.

(e) This amendment becomes effective on

August 21, 1998.

Issued in Renton, Washington, on July 8,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–18773 Filed 7–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–209–AD; Amendment

39–10665; AD 98–15–14]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model MD–11 series airplanes,

that currently requires a revision of the

Airplane Flight Manual (AFM) to alert

the flightcrew that both flight

management computers (FMC’s) must

be installed and operational. That AD

also requires an inspection to determine

the serial number of the FMC’s; and