Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62059 

In the programs reviewed by the 

FDIC, the contributors retain some 

rights with respect to the funds (e.g., the 

right to withdraw money under certain 

circumstances or the right to change the 

beneficiary). Assuming that the 

qualified tuition savings program is 

structured in this manner so that the 

securities are owned by the 

contributors, then the FDIC will treat 

the contributors as the ‘‘participants.’’ If 

the program is structured so that the 

securities are owned by the ‘‘designated 

beneficiaries,’’ however, then the FDIC 

will treat the beneficiaries as the 

‘‘participants.’’ For example, the 

beneficiary would be the ‘‘participant’’

if no one but the beneficiary possesses 

the right to withdraw funds or to name 

a different beneficiary. 

Again, the FDIC simply means to 

provide ‘‘pass-through’’ insurance 

coverage to the actual owners of the 

securities. The FDIC does not mean to 

dictate the terms of a qualified tuition 

savings program. Such programs must 

adhere to the requirements of section 

529 and the applicable state law. 

Paperwork Reduction Act 

This rule contains no new collections 

of information as defined by the 

Paperwork Reduction Act. See 44 U.S.C. 

3501 et seq. Consequently, no 

information has been submitted to the 

Office of Management and Budget for 

review. 

Regulatory Flexibility Act 

A regulatory flexibility analysis is 

required only when the agency must 

publish a notice of proposed 

rulemaking. See 5 U.S.C. 603, 604. 

Because the amendment to part 330 is 

being published in final form without a 

notice of proposed rulemaking, no 

regulatory flexibility analysis is 

required. 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness Act, the FDIC will report this 

rule to Congress so that the rule may be 

reviewed. See 5 U.S.C. 801 et seq. 

List of Subjects in 12 CFR Part 330 

Bank deposit insurance, Banks, 

banking, Reporting and recordkeeping 

requirements, Savings and loan 

associations, Trust and trustees. 

■ For the reasons set forth in the 

preamble, the Board of Directors of the 

Federal Deposit Insurance Corporation 

hereby amends part 330 of title 12 of the 

Code of Federal Regulations as follows: 

PART 330—DEPOSIT INSURANCE 

COVERAGE 

■ 1. The authority citation for part 330 

continues to read as follows: 

Authority: 12 U.S.C. 1813(l), 1813(m), 

1817(i), 1818(q), 1819(Tenth), 1820(f), 

1821(a), 1822(c). 

■ 2. Section 330.11(a)(2) is revised to 

read as follows: 

§ 330.11 Accounts of a corporation, 

partnership or unincorporated association. 

(a) * * * 

(2) Notwithstanding any other 

provision of this part, any trust or other 

business arrangement which has filed or 

is required to file a registration 

statement with the Securities and 

Exchange Commission pursuant to 

section 8 of the Investment Company 

Act of 1940 (15 U.S.C. 80a–8) or that 

would be required so to register but for 

the fact it is not created under the laws 

of the United States or a state or but for 

sections 2(b), 3(c)(1), or 6(a)(1) of that 

act shall be deemed to be a corporation 

for purposes of determining deposit 

insurance coverage. An exception to this 

paragraph (a)(2) shall exist for any trust 

or other business arrangement 

established by a state or that is a state 

agency or state public instrumentality as 

part of a qualified tuition savings 

program under section 529 of the 

Internal Revenue Code (26 U.S.C. 529). 

A deposit account of such a trust or 

business arrangement shall not be 

deemed to be the deposit of a 

corporation provided that: The funds in 

the account may be traced to one or 

more particular investors or 

participants; and the existence of the 

trust relationships is disclosed in 

accordance with the requirements of 

§ 330.5. If these conditions are satisfied, 

each participant’s funds shall be insured 

as a deposit account of the participant. 

* * * * * 

Dated at Washington, DC, this 6th day of 

October, 2005. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 05–20766 Filed 10–27–05; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22795; Directorate 

Identifier 2005–NM–193–AD; Amendment 

39–14353; AD 2005–22–09] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42 and ATR72 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Aerospatiale Model ATR42 and ATR72 

airplanes. This AD requires a one-time 

inspection to determine the part number 

or markings of the fuel quality indicator 

(FQI) and replacement of any FQI 

having an incorrect part number. This 

AD results from a report that an FQI 

having an incorrect part number was 

installed on a Model ATR72 airplane. 

We are issuing this AD to ensure that a 

correct FQI is installed. An incorrect 

FQI could result in fuel starvation to the 

engine and consequent engine 

shutdown during flight. 

DATES: This AD becomes effective 

November 14, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 14, 2005. 

We must receive comments on this 

AD by December 27, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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 Aerospatiale, 316 Route de 

Bayonne, 31060 Toulouse, Cedex 03, 

France, for service information 

identified in this AD. 

62060 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Thomas Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on all Aerospatiale Model ATR42 

and ATR72 airplanes. The DGAC 

advises that a Model ATR72 airplane 

ditched off the coast of Italy. An 

investigation revealed that a fuel quality 

indicator (FQI) having an incorrect part 

number (P/N) was installed on the 

airplane. An FQI for the Model ATR72 

airplanes may also be inadvertently 

installed on a Model ATR42 airplane if 

operators do not adhere to the 

manufacturer’s service information. 

This condition, if not corrected, could 

result in fuel starvation to the engine 

and consequent engine shutdown 

during flight. 

Relevant Service Information 

Aerospatiale has issued ATR All 

Operators Message (AOM) 42–72/2005/ 

08, issue 5, dated September 7, 2005. 

The AOM describes procedures to 

determine if the part number of the FQI 

is consistent with the one provided 

within the applicable illustrated parts 

catalog section 28–42–80–01. The DGAC 

mandated the AOM and issued French 

emergency airworthiness directive UF–

2005–160, dated September 8, 2005, to 

ensure the continued airworthiness of 

these airplanes in France. 

FAA’s Determination and Requirements 

of This AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGAC’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are issuing this AD to 

ensure that a correct FQI is installed. 

This AD requires accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Among the AD, the AOM, and the 

French Emergency Airworthiness 

Directive.’’

Differences Among the AD, the AOM, 

and the French Emergency 

Airworthiness Directive 

Although the French emergency 

airworthiness directive recommends 

accomplishing the inspection ‘‘before 

next flight,’’ we have determined that a 

compliance time of 7 days for 

completing the required actions is 

warranted because most U.S. operators 

have already completed the inspection. 

In developing an appropriate 

compliance time for this AD, we 

considered the degree of urgency 

associated with addressing the subject 

unsafe condition, the average utilization 

of the affected fleet, and the time 

necessary to perform the inspections. In 

light of all of these factors, we find a 

compliance time of 7 days represents an 

appropriate interval of time for affected 

airplanes to continue to operate without 

compromising safety. This difference 

has been coordinated with the DGAC. 

The French emergency airworthiness 

directive and the AOM specify to 

determine the correct P/N of the FQI. 

However, in addition to the inspection 

to determine the correct P/N, this AD 

allows operators to inspect the FQI for 

applicable markings to determine if the 

correct FQI is installed. The markings 

are illustrated in the AOM. This 

difference has been coordinated with 

the DGAC. 

Although the French emergency 

airworthiness directive specifies 

reporting results to the manufacturer, 

this AD does not require those actions. 

We do not need this information from 

operators. 

Interim Action 

This AD is considered interim action. 

If final action is later identified, we may 

consider further rulemaking then. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2005–22795; Directorate Identifier 

2005–NM–193–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 AD. Using the 

search function of that web site, 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 the 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. 

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. 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62061 

Regulatory Findings 

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. 

For the reasons discussed above, I 

certify that the 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 AD and placed it in the AD docket. 

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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2005–22–09 Aerospatiale: Amendment 39–

14353. Docket No. FAA–2005–22795; 

Directorate Identifier 2005–NM–193–AD. 

Effective Date 

(a) This AD becomes effective November 

14, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Aerospatiale 

Model ATR42–200, –300, –320, and –500 

airplanes, and Model ATR72–101, –201, 

–102, –202, –211, –212, and –212A airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD results from a report that a fuel 

quality indicator (FQI) having an incorrect 

part number was installed on a Model ATR72 

airplane. We are issuing this AD to ensure 

that a correct FQI is installed. An incorrect 

FQI could result in fuel starvation to the 

engine and consequent engine shutdown 

during flight. 

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. 

Inspection and Corrective Action 

(f) Within 7 days after the effective date of 

this AD, do the inspection specified in 

paragraph (f)(1) or (f)(2) of this AD. 

(1) Perform an inspection to determine the 

part number (P/N) of the fuel quantity 

indicator (FQI) 3QT, in accordance with ATR 

All Operators Message (AOM) 42–72/2005/ 

08, issue 5, dated September 7, 2005. Instead 

of the inspection, a review of the airplane 

maintenance records is acceptable if the P/N 

of the FQI can be positively determined from 

that review. 

(2) Inspect the faceplate of the FQI to verify 

that it has the correct markings as specified 

in paragraphs (f)(2)(i) and (f)(2)(ii), as 

applicable. 

(i) For Model ATR42–200, –300, –320, and 

–500 airplanes: The FQI has the marking of 

4960 lbs on the faceplate as illustrated in 

ATR AOM 42–72/2005/08, issue 5, dated 

September 7, 2005. 

(ii) For Model ATR72–101, –201, –102, 

–202, –211, –212, and –212A airplanes: The 

FQI has the marking of 5500 lbs on the 

faceplate as illustrated in the AOM 42–72/ 

2005/08, issue 5, dated September 7, 2005. 

(g) If it can be positively determined, 

during the inspection required by paragraph 

(f) of this AD, that the FQI has the correct 

part number or marking, no further action is 

required by this AD. 

(h) If it is determined, during the 

inspection required by paragraph (f) of this 

AD, that the FQI does not have the correct 

part number or marking, before further flight, 

install the FQI having the correct part 

number as specified in ATR AOM 42–72/ 

2005/08, issue 5, dated September 7, 2005. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(j) French emergency airworthiness 

directive UF–2005–160, dated September 8, 

2005, also addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use ATR All Operators 

Message (AOM) 42–72/2005/08, issue 5, 

dated September 7, 2005, to perform the 

actions that are required by this AD, unless 

the AD specifies otherwise. The Director of 

the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Aerospatiale, 316 Route de 

Bayonne, 31060 Toulouse, Cedex 03, France, 

for a copy of this service information. You 

may review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC; on the Internet at 

http://dms.dot.gov; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at the NARA, call (202) 741–

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

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

18, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21338 Filed 10–27–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 050803215–5260–02] 

RIN 0625–AA69 

Procedures for Conducting Five-Year 

(‘‘Sunset’’) Reviews of Antidumping 

and Countervailing Duty Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is amending its 

regulations related to sunset reviews to 

conform the existing regulation to the 

United States’ obligations under Articles 

6.1, 6.2, and 11.3 of the Agreement on 

the Implementation of Article VI of the 

General Agreement on Tariffs and Trade 

1994 (‘‘Antidumping Agreement’’). The 

regulations amend the ‘‘waiver’’

provisions which govern treatment of 

interested parties who do not provide a 

substantive response to the 

Department’s notice of initiation of a 

sunset review and clarify the basis for 

parties’ participation in a public hearing 

in an expedited sunset review. 

DATES: The effective date of this final 

rule is October 31, 2005. The final rule 

will be applied in sunset reviews 

initiated on or after the effective date.