17438 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

maintain competitive equality between

national and state banks, and that the

determination as to whether a facility

was a branch must be based on the

convenience of the customer, rather

than on the technical or legal

relationship between the customer and

the bank. In later cases addressing

automated teller machines, the courts

generally have rejected arguments that

money is lent at the time and place

where a loan or line of credit is

approved, and instead found that money

is lent for the purposes of the McFadden

Act when the customer actually receives

the funds and interest begins to run on

the loan. See, e.g., IBAA v. Smith, 534

F.2d 921 (D.C. Cir. 1976).

(c) Interpretation. The Board

previously had determined that an

office engaged in preliminary or

servicing functions is not lending

money and therefore is not a ‘‘branch’’

for the purposes of the McFadden Act

if the loans originated by the office are

approved and the funds disbursed at the

main office or an approved branch of

the bank. See 12 CFR 250.141. Whether

a loan production office should be

considered to be a branch if loans

originated by the office are approved at

locations other than the main office or

a branch of the bank depends on

whether the location where loan

approval takes place enhances the

convenience to the customer and

therefore provides a competitive

advantage to the bank. Back office

facilities that are not accessible to the

public are not visited by customers and

do not appear to provide customers of

the bank with any greater level of

convenience. From the point of view of

a customer whose loan has been

originated at a loan production office,

there does not appear to be any

difference in the convenience based on

whether the loan is approved at the back

office facility or at a branch of a bank,

as it is unlikely that the customer will

visit either location. Based on this

analysis, the Board has concluded that

a state member bank may establish a

back office facility without such a

facility being considered to be a branch

for the purposes of the McFadden Act.

The Board also has determined that

loans originated by a loan production

office may be approved at a back office

location, rather than at the main office

or a branch of the bank, without the

loan production office being considered

to be a branch, provided that the

proceeds of loans originated by the loan

production office are received by the

customer at locations other than a loan

production office or back office facility.

This interpretation supersedes the

Board’s prior interpretation, published

at 12 CFR 250.141, as it applies to loan

production offices.

By order of the Board of Governors of the

Federal Reserve System, March 31, 1995.

Barbara R. Lowrey,

Associate Secretary of the Board.

[FR Doc. 95–8404 Filed 4–5–95; 8:45 am]

BILLING CODE 6210–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 107

Small Business Investment

Companies; Accounting and Financial

Reporting Standards

AGENCY: Small Business Administration.

ACTION: Interim final rule; reopening of

comment period.

SUMMARY: On February 7, 1995, the

Small Business Administration (SBA)

published an interim final rule which

updated the standards for accounting

and financial reporting by Small

Business Investment Companies

(SBICs), as well as the guidelines for

independent public accountants

performing audits of SBIC financial

statements. The interim final rule

established a final date for comments to

be submitted to SBA of March 9, 1995.

SBA is reopening that comment period

until April 30, 1995.

DATES: Written comments must be

received on or before April 30, 1995.

ADDRESSES: Written comments should

be sent to Robert D. Stillman, Associate

Administrator for Investment, Small

Business Administration, Suite 6300,

409 3rd Street SW., 6th floor,

Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Carol Fendler, Office of Program

Support; telephone no. (202) 205–7559.

SUPPLEMENTARY INFORMATION: SBA

published an interim final rule on

February 7, 1995 (60 FR 7392) which

updated and reorganized the accounting

standards for the SBIC program. The

purpose of the revisions was to reflect

recent changes in the SBIC program

mandated by the Small Business

Investment Act of 1958, as amended, as

well as changes in generally accepted

accounting principles.

The publication of the interim final

rule took place at a time when many

SBICs were in the midst of preparing

their audited year end financial

statements. Thus, a number of SBICs

and their independent public

accountants may not have had sufficient

time to review the rule and to prepare

and submit comments to SBA.

Therefore, the comment period is

hereby reopened and SBA will accept

comments on the interim final rule until

April 30, 1995.

Dated: March 31, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–8475 Filed 4–5–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–32–AD; Amendment

39–9185; AD 95–06–51]

Airworthiness Directives; Lockheed

Model L–1011–385 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

T95–06–51 that was sent previously to

all known U.S. owners and operators of

Lockheed Model L–1011–385 series

airplanes by individual telegrams. This

AD requires inspection to detect

corrosion, severed braided strands, or

fuel leakage of the fuel feed line hose

assembly on engine number two; and

subsequent inspection or replacement of

the fuel hose with a serviceable part, if

necessary. This AD also requires

treatment of the ends of the fuel hose

and modification of the heat-shrunk

plastic cover and steel identification

band area. This amendment is prompted

by a report of failure of an aluminumbraided flexible fuel hose on a Model L–

1011–385 series airplane due to

corrosion. The actions specified by this

AD are intended to prevent failure of a

flexible fuel hose, which could result in

failure of an engine, loss of fuel, and a

resultant fire.

DATES: Effective April 21, 1995, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T95–06–51, issued

March 9, 1995, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 21,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 6, 1995.
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17439

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

32–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Lockheed

Aeronautical Systems Support Company

(LASSC), Field Support Department,

Dept. 693, Zone 0755, 2251 Lake Park

Drive, Smyrna, Georgia 30080. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building,

1701 Columbia Avenue, Suite 2–160,

College Park, Georgia; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Maddie Miguel, Aerospace Engineer,

Propulsion Branch, ACE–115A, FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia 30337–

2748; telephone (404) 305–7372; fax

(404) 305–7348.

SUPPLEMENTARY INFORMATION: On March

9, 1995, the FAA issued telegraphic AD

T95–06–51, which is applicable to

certain Lockheed Model L–1011–385

series airplanes. That action was

prompted by a report of failure of an

aluminum-braided flexible fuel hose on

a Model L–1011–385 series airplane due

to corrosion. This condition, if not

corrected, could result in failure of an

engine, loss of fuel, and a resultant fire.

The FAA received a report of failure

of an aluminum-braided flexible fuel

hose located immediately aft of the

fuselage rear pressure bulkhead on a

Model L–1011–385 series airplane.

Ground maintenance personnel found a

fuel leak when the airplane arrived at

the gate after landing.

The operator performed a preliminary

investigation of the fuel hose, and

discovered that it was about 75 percent

severed at a point approximately 7.0

inches from the inboard end. Inspection

of the aluminum braiding in the area of

the failure revealed that the braided

strands were corroded and brittle. The

corrosion occurred in an area of the

stainless steel identification band,

which has a translucent heat-shrunk

plastic cover. The operator conducted

subsequent inspections of its fleet and

found two airplanes (out of a fleet of

five airplanes) having corroded braided

material in the area of the identification

band. The cause of this corrosion has

not been determined.

The FAA has reviewed and approved

Lockheed Service Bulletin 093–28–

A091, dated March 8, 1995, which

describes procedures for a visual

inspection to detect corrosion, severed

braided strands, or fuel leakage of the

fuel feed line hose assembly on engine

number two; and inspections to detect

ballooning of the fuel hose, or

replacement of the fuel hose with a

serviceable part, if necessary. The

service bulletin also describes

procedures for treatment of the ends of

the hose, and modification of the heatshrunk plastic cover and steel

identification band area.

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design, the

FAA issued telegraphic AD T95–06–51.

The AD requires an inspection to detect

corrosion, severed braided strands, or

fuel leakage of the fuel feed line hose

assembly on engine number two; and

inspections to detect ballooning of the

fuel hose, or replacement of the fuel

hose with a serviceable part, if

necessary. The AD also requires

treatment of the ends of the fuel hose;

and modification of the heat-shrunk

plastic cover and steel identification

band area. Replacement of the fuel hose

with a serviceable part, if accomplished,

terminates the requirements of this AD.

The actions are required to be

accomplished in accordance with the

service bulletin described previously.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

telegrams issued on March 9, 1995, to

all known U.S. owners and operators of

Lockheed Model L–1011–385 series

airplanes. These conditions still exist,

and the AD is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this rule to clarify this

long-standing requirement.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–32–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation
17440 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–06–51 Lockheed Aeronautical Systems

Company: Amendment 39–9185. Docket

95–NM–32–AD.

Applicability: Model L–1011–385 series

airplanes; as listed in Lockheed Service

Bulletin 093–28–A091, dated March 8, 1995;

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 use the authority

provided in paragraph (f) 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 airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of a flexible fuel hose,

accomplish the following:

(a) Within 100 hours time-in-service or 10

days after the effective date of this AD,

whichever occurs first: Accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD in accordance with Lockheed

Service Bulletin 093–28–A091, dated March

8, 1995.

(1) Perform a visual inspection to detect

corrosion, severed braided strands, or fuel

leakage of the fuel feed line hose assembly,

part number (P/N) 96715–107 (Lockheed P/

N 740970–107), on engine number two. And

(2) Treat the ends of the fuel hose where

the collars are clamped to the braided

strands, and modify the heat-shrunk plastic

cover and steel identification band area.

(b) If no discrepancy is found during the

inspection required by paragraph (a) of this

AD: Following accomplishment of the

actions required by paragraph (a)(2) of this

AD, no further action is required by this AD.

(c) If any corrosion is found during any

inspection required by this AD: Prior to

further flight, accomplish either paragraph

(c)(1) or (c)(2) of this AD in accordance with

Lockheed Service Bulletin 093–28–A091,

dated March 8, 1995.

(1) Replace the fuel hose with a serviceable

part. Or

(2) Inspect the fuel hose thereafter on a

daily basis to detect ballooning of the hose.

If any ballooning is found, prior to further

flight, replace the fuel hose with a

serviceable part.

(d) If any severed braided strand or any

fuel leak is found during any inspection

required by this AD: Prior to further flight,

replace the fuel hose with a serviceable part

in accordance with Lockheed Service

Bulletin 093–28–A091, dated March 8, 1995.

(e) Replacement of the fuel hose assembly

with a fuel hose assembly having P/N

740970–113 or P/N 96715–107 (Lockheed P/

N 740970–107) constitutes terminating action

for the requirements of this AD.

Note 2: The preferred replacement fuel

hose assembly is P/N 740970–113.

(f) 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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small Airplane Directorate. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Atlanta ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(g) Special flight permits may be issued in

accordance with §§ 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.

(h) The actions shall be done in accordance

with Lockheed Service Bulletin 093–28–

A091, dated March 8, 1995. 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

Lockheed Aeronautical Systems Support

Company (LASSC), Field Support

Department, Dept. 693, Zone 0755, 2251 Lake

Park Drive, Smyrna, Georgia 30080. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building, 1701

Columbia Avenue, Suite 2–160, College Park,

Georgia; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) This amendment becomes effective on

April 21, 1995, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T95–06–51,

issued on March 9, 1995, which contained

the requirements of this amendment.

Issued in Renton, Washington, on March

27, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8080 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–33–AD; Amendment

39–9189; AD 95–06–52]

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

T95–06–52 that was sent previously to

all known U.S. owners and operators of

certain Dornier Model 328–100 series

airplanes by individual telegrams. This

AD requires removal of the bypass

outlet plates from the lower cowlings of

both engines. This amendment is

prompted by reports of engine power

rollback/flameout due to ingestion of ice

into an engine. The actions specified by

this AD are intended to prevent

ingestion of ice into an engine, which

could result in engine power rollback/

flameout.

DATES: Effective April 21, 1995, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T95–06–52, issued on

March 10, 1995, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director