53106 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

Subchapter A—OFHEO Organization and 

Functions 

Part 

1700—Organization and functions 

1701—Assessments 

1702 Implementation of The Privacy Act of 

1974 

1703—Release of information 

1704 Debt collection 

1705 Implementation of the Equal Access to 

Justice Act 

Subchapter B—[Reserved] 

Subchapter C—Safety and Soundness 

1710—Corporate governance 

1720—Safety and soundness 

1730—Disclosure of financial and other 

information 

1731—Mortgage Fraud Reporting 

1750—Capital 

1770—Executive compensation 

1773—Flood insurance 

1777—Prompt corrective action 

Subchapter D—Rules of Practice and 

Procedure 

1780—Rules of Practice and Procedure 

In addition to being found in the CFR, 

the regulations (as well as the Policy 

Guidance referenced in this Notice) are 

available on the OFHEO Web site, 

http://www.ofheo.gov, by clicking on the 

‘‘Regulations and Policy Guidance’’

category on the left side of the Web 

page. 

Under the review process set forth in 

the Policy Guidance, criteria that may 

be used in the review of the existence 

of regulatory inefficiency or burden are 

as follows: 

(i) Legal or regulatory developments, 

including new laws, executive orders or 

judicial decisions that have been 

adopted since the promulgation of a 

regulation that make such regulation 

inefficient, obsolete, contrary to 

controlling legal precedent or unduly 

burdensome; 

(ii) Application by an Enterprise for 

revision of a regulation, because of 

reasonably discernible regulatory 

burden or inefficiency; 

(iii) Marketplace developments, 

technological evolution and related 

changes that may have rendered an 

existing regulation, in whole or in part, 

inefficient, outmoded or outdated; and 

(iv) Such other occurrences or 

developments as determined by the 

Director or General Counsel to be 

relevant to a review for inefficiency or 

unwarranted regulatory burden. 

Among other factors that may be 

considered in reviewing possible 

inefficiency or unwarranted regulatory 

burden are the following: 

(i) Compelling evidence that a 

consolidation of two or more 

regulations, elimination of a duplicative 

regulation, or other revision to 

regulatory requirements would facilitate 

compliance or supervision; 

(ii) A demonstration of a better 

alternative method to effect a regulatory 

purpose or requirement supported by 

compelling evidence of significantly 

less intrusive means or of a substantially 

more efficient method of accomplishing 

the same supervisory purpose; and 

(iii) Such other factors as determined 

by the Director to be relevant to 

determining and evaluating the need 

for, appropriateness of, and 

effectiveness of a particular regulation. 

Request for Comments 

The Office of the General Counsel 

invites comments on all aspects of the 

proposed regulatory review, including 

legal and policy considerations, and 

will take all comments into 

consideration before issuing its report of 

findings and recommendations to the 

Director. The comment period has been 

set at 60 days to afford ample 

opportunity for comment. 

All comments received will be posted 

without change to http:// 

www.ofheo.gov, including any personal 

information provided. Copies of all 

comments received will be available for 

inspection by the public on business 

days between the hours of 10 a.m. and 

3 p.m., at the Office of Federal Housing 

Enterprise Oversight, Fourth Floor, 1700 

G Street NW., Washington, DC 20552. 

To make an appointment to inspect 

comments, please call the Office of 

General Counsel at (202) 414–6924. 

Dated: August 30, 2005. 

Stephen A. Blumenthal, 

Acting Director, Office of Federal Housing 

Enterprise Oversight. 

[FR Doc. 05–17656 Filed 9–6–05; 8:45 am] 

BILLING CODE 4220–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22321; Directorate 

Identifier 2005–NM–123–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 767–200 and –300 

series airplanes. This proposed AD 

would require replacing the placards on 

certain stowage bins with new placards, 

installing partial dividers in certain 

other stowage bins, and installing straps 

on stowage bins containing life rafts. For 

certain airplanes, this proposed AD 

would also require related concurrent 

actions. This proposed AD results from 

test data indicating that outboard 

overhead stowage bins are unable to 

withstand the 4.5g down-load standard 

intended to protect passengers during 

flight turbulence or a hard landing. We 

are proposing this AD to prevent the 

stowage bins from opening during flight 

turbulence or a hard landing, which 

could result in the contents of the 

stowage bins falling onto the passenger 

seats below and injuring passengers, or 

blocking the aisles, impeding the 

evacuation of passengers in an 

emergency. 

DATES: We must receive comments on 

this proposed AD by October 24, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207 for the service 

information identified in this proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Gillespie, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6429; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘ FAA–2005–22321; 

Directorate Identifier 2005–NM–123–

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53107 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

We have received test data from the 

manufacturer indicating that the 

outboard overhead stowage bins are 

unable to withstand the 4.5g down-load 

standard intended to protect passengers 

during flight turbulence or a hard 

landing. The affected airplanes are 

certain Boeing Model 767–200 and –300 

series airplanes. Under the 4.5g download condition, the threshold deflection 

of the stowage bins is too large and 

compromises the engagement of the 

doors. This condition, if not corrected, 

could result in the stowage bins opening 

during flight turbulence or a hard 

landing, which could result in the 

contents of the stowage bins falling onto 

the passenger seats below and injuring 

passengers, or blocking the aisles, 

impeding the evacuation of passengers 

in an emergency. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 767–25–

0336, Revision 2, dated August 11, 

2005. The service bulletin describes 

procedures for replacing the placards on 

certain stowage bins with new placards, 

installing partial dividers in certain 

other stowage bins, and installing straps 

on stowage bins containing life rafts. 

Although Revision 2 states that the 

original issue of Service Bulletin 767–

25–0336 is dated September 18, 2003, 

the date that appears on that document 

is May 15, 2003. 

For certain airplanes, Service Bulletin 

767–25–0336, Revision 2, specifies prior 

or concurrent accomplishment of 

Boeing Service Bulletin 767–25–0211, 

Revision 1, dated July 14, 1994. Service 

Bulletin 767–25–0211, Revision 1, 

describes procedures for replacing the 

door latches, strikes, and thresholds on 

the outboard overhead stowage 

compartments with new, improved 

latches, strikes, and thresholds. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. For this reason, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously. 

Clarification of Compliance Time for 

the Modifications 

Boeing Special Attention Service 

Bulletin 767–25–0336, Revision 2, 

specifies that it is not necessary to 

modify all of the stowage bins at one 

time, provided the modification of an 

individual bin is completed prior to the 

airplane returning to service. We agree 

with this statement, but want to clarify 

that the modification of all affected 

stowage bins must be completed within 

60 months after the effective date of the 

proposed AD. In developing an 

appropriate compliance time for this 

AD, we considered not only the 

manufacturer’s recommendation, but 

the degree of urgency associated with 

addressing the subject unsafe condition, 

and the time necessary to perform the 

modifications. We have determined that 

a 60-month compliance time is an 

appropriate interval of time for affected 

airplanes to continue to operate without 

compromising safety. We have 

coordinated this compliance time with 

Boeing. 

Costs of Compliance 

There are about 366 airplanes of the 

affected design in the worldwide fleet. 

The following tables provide the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours per kit Average labor 

rate per hour 

Cost of parts kit per 

airplane Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Installation of placards, dividers, 

and straps.

Between 46 and 74 $65 Between $26,700 

and $44,196.

Between $29,690 

and $49,006.

138 Between 

$4,097,220 and 

$6,762,828. 

ESTIMATED COSTS OF CONCURRENT SERVICE BULLETIN

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Installation of new 

door latches, 

strikes, and 

thresholds.

Between 24 and 31 $65 Between $7,000 

and $70,000.

Between $8,560 

and $72,015.

105 Between $898,800 

and $7,561,575. 

53108 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

Authority for This Rulemaking 

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 rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. 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 regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Boeing: Docket No. FAA–2005–22321; 

Directorate Identifier 2005–NM–123–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 24, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to certain Boeing 

Model 767–200 and –300 series airplanes, as 

identified in Boeing Special Attention 

Service Bulletin 767–25–0336, Revision 2, 

dated August 11, 2005; certificated in any 

category. 

Unsafe Condition 

(d) This AD results from test data 

indicating that outboard overhead stowage 

bins are unable to withstand the 4.5g download standard intended to protect passengers 

during flight turbulence or a hard landing. 

We are issuing this AD to prevent the 

stowage bins from opening during flight 

turbulence or a hard landing, which could 

result in the contents of the stowage bins 

falling onto the passenger seats below and 

injuring passengers, or blocking the aisles, 

impeding the evacuation of passengers in an 

emergency. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Replacement of Placards and Installation of 

Partial Divider Panels and Life Raft Straps 

(f) Within 60 months after the effective 

date of this AD: Replace the placards on 

certain stowage bins with new placards, 

install partial dividers in certain other 

stowage bins, and install straps on stowage 

bins containing life rafts, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 767–25–

0336, Revision 2, dated August 11, 2005. 

Actions Required To Be Accomplished Prior 

to or Concurrently With Paragraph (f) of 

This AD 

(g) For Group 1 airplanes as identified in 

Boeing Special Attention Service Bulletin 

767–25–0336, Revision 2, dated August 11, 

2005: Prior to or concurrently with the 

accomplishment of paragraph (f) of this AD, 

replace the door latches, strikes, and 

thresholds on the outboard overhead stowage 

compartments with new latches, strikes, and 

thresholds. Do the replacement in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin 767–25–0211, 

Revision 1, dated July 14, 1994. 

Actions Accomplished Previously 

(h) Accomplishment of the stowage bin 

modifications required by paragraph (f) of 

this AD before the effective date of this AD 

in accordance with Boeing Special Attention 

Service Bulletin 767–25–0336, dated May 15, 

2003; or Revision 1, dated October 21, 2004; 

is considered acceptable for compliance with 

the corresponding modifications specified in 

this AD. 

Parts Installation 

(i) As of the effective date of this AD, no 

person may install on any airplane a stowage 

bin having a part number identified in Table 

2 of Figure 1 of Boeing Special Attention 

Service Bulletin 767–25–0336, Revision 2, 

dated August 11, 2005, unless it has been 

modified by performing the applicable 

actions in paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Issued in Renton, Washington, on August 

24, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17670 Filed 9–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 382 

[Docket No. OST–2005–22298] 

RIN 2105–AC29 

Nondiscrimination on the Basis of 

Disability in Air Travel—Medical 

Oxygen and Portable Respiration 

Assistive Devices 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Department of 

Transportation proposes to amend its 

rules implementing the Air Carrier 

Access Act of 1986, 14 CFR part 382, to 

provide greater accommodations in air 

travel for persons with respiratory 

disabilities. This notice of proposed 

rulemaking (NPRM) applies to U.S. air 

carriers and foreign air carriers 

operating flights in, to and from the U.S. 

The proposed rule establishes 

procedures within applicable U.S. and 

foreign safety rules for the carriage and 

use of portable respiration-related 

assistive devices and medical oxygen 

devices aboard commercial flights by 

passengers with disabilities.