45854 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

‘‘Instrument manufacturing for 

measuring and testing electricity and 

electrical signals’’ in the second column 

to the list of required NAICS codes for 

the Electronics Specialized Industry, 

Guided Missiles Specialized Industry, 

and Sighting and Fire Control 

Equipment Specialized Industry; 

■ c. Remove NAICS code ‘‘5173’’ in the 

first column and ‘‘Telecommunications 

resellers’’ in the second column from 

the list of required NAICS codes for the 

Artillery and Combat Vehicles 

Specialized Industry and 

Communications Specialized Industry; 

■ d. Remove NAICS code ‘‘5175’’ in the 

first column and ‘‘Cable and other 

program distribution’’ in the second 

column from the list of required NAICS 

codes for the Communications 

Specialized Industry; 

■ e. Remove NAICS code ‘‘5179’’ in the 

first column and ‘‘Other 

telecommunications’’ in the second 

column from the list of required NAICS 

codes for the Communications 

Specialized Industry; 

■ f. Add NAICS code ‘‘517911’’ in the 

first column in numerical order and 

‘‘Telecommunications resellers’’ in the 

second column to the list of required 

NAICS codes for the Artillery and 

Combat Vehicles Specialized Industry 

and Communications Specialized 

Industry; 

■ g. Replace NAICS code ‘‘54171’’ in the 

first column and ‘‘Research and 

development in the physical, 

engineering, and life sciences’’ in the 

second column with NAICS code 

‘‘541712’’ in the first column and 

‘‘Research and development in the 

physical, engineering, and life sciences 

(except biotechnology)’’ in the second 

column in the list of required NAICS 

codes for Aircraft Specialized Industry 

and Guided Missiles Specialized 

Industry; and 

■ h. Remove NAICS code ‘‘81299’’ in 

the first column and ‘‘All other personal 

services’’ in the second column from the 

list of required NAICS codes for the 

Artillery and Combat Vehicle 

Specialized Industry. 

[FR Doc. E8–18244 Filed 8–6–08; 8:45 am] 

BILLING CODE 6325–39–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 338 and 352 

RIN 3064–AD31 

Fair Housing and Nondiscrimination 

on the Basis of Disability 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The FDIC is amending two 

regulations, following a recent review, 

to update FDIC addresses contained in 

the regulations. First, the FDIC is 

updating the division name and address 

information in the Equal Housing 

Lender poster set forth in its fair 

housing regulation. Second, the FDIC is 

updating the address and telephone 

contact information for the FDIC’s 

Office of Diversity and Economic 

Opportunity (ODEO) set forth in its 

regulation on nondiscrimination on the 

basis of disability. 

DATES: Effective August 7, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael R. Evans, Fair Lending 

Specialist, Compliance Policy Section, 

Division of Supervision and Consumer 

Protection, (202) 898–6611; or Donna 

Nordenberg, Counsel, Legal Division, 

(202) 898–6595, for the revision to 12 

CFR part 338. Earl F. McJett, 

Information Management Analyst, 

Office of Diversity and Economic 

Opportunity, (703) 562–6098; or 

Michelle Kosse, Counsel, Legal 

Division, (202) 898–3792, for the 

revision to 12 CFR part 352. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Following a recent review of certain 

regulations, the FDIC is amending 

contact information for FDIC offices 

contained in two regulations, parts 338 

and 352. 

Part 338 of the FDIC’s Rules and 

Regulations is the FDIC’s Fair Housing 

Act (FHA) regulation (12 CFR part 338). 

Section 338.4 requires insured state 

nonmember banks that engage in 

extending any loan for the purpose of 

purchasing, constructing, improving, 

repairing, or maintaining a dwelling or 

any loan secured by a dwelling to 

conspicuously display either the Equal 

Housing Lender poster set forth in 

section 338.4(b) or the Equal Housing 

Opportunity poster prescribed by part 

110 of the regulations of the United 

States Department of Housing and 

Urban Development (24 CFR part 110). 

The Equal Housing Lender poster set 

forth in part 338 contains an FDIC 

address for filing complaints of 

discrimination under the FHA and the 

Equal Credit Opportunity Act regarding 

insured state nonmember banks. The 

FDIC previously centralized the 

processing of consumer complaints in 

the FDIC Consumer Response Center 

(CRC) located in Kansas City, Missouri, 

and is updating the poster prescribed in 

part 338 to reflect the name and address 

of the CRC. The FDIC has updated the 

Equal Housing Lender posters made 

available to insured state nonmember 

banks to reflect the address of the CRC. 

Part 352 is the FDIC’s regulation on 

nondiscrimination on the basis of 

disability (12 CFR part 352). Part 352 is 

intended to implement sections 504 and 

508 of the Rehabilitation Act of 1973, as 

amended. Section 504 prohibits 

discrimination on the basis of disability 

in programs and activities conducted by 

a federal executive agency. Section 508 

requires federal agencies to utilize 

electronic and information technology 

that is designed to allow individuals 

with disabilities access that is 

comparable to the access of those who 

are not disabled, unless the agency 

would incur an undue burden. 

Subsections 352.9(b) and 352.10(c) set 

forth contact information for the ODEO 

that is no longer accurate, as ODEO has 

moved to 3501 Fairfax Drive, Arlington, 

VA 22226. The current FDIC telephone 

number is (877) 275–3342 or (703) 562–

2473 (TTY). 

II. Final Rule 

The final rule for part 338 revises the 

Equal Housing Lender poster in § 338.4 

to reflect the name and address of the 

CRC in Kansas City, Missouri and 

replace the former name of an FDIC 

division. The final rule for part 352 

revises the FDIC contact information in 

§§ 352.9(b) and 352.10(c) to reflect the 

current address and telephone number 

of the ODEO. 

The amendments are procedural in 

nature and would update the 

regulations to be consistent with the 

FDIC’s practices and procedures. In 

order to provide a transition period for 

compliance with the amendment to part 

338 only, the FDIC will require insured 

state nonmember banks that display an 

Equal Housing Lender poster to display 

a poster reflecting the name and address 

of the CRC one year from publication of 

this final rule in the Federal Register. 

III. Exemption From Public Notice and 

Comment 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) sets 

forth requirements for providing the 

general public notice of, and the 

opportunity to comment on, proposed 

agency rules. However, unless notice or 

hearing is required by statute, those 

requirements do not apply: 

(A) To interpretative rules, general 

statements of policy, or rules of agency 

organization, procedure, or practice; or 

(B) when the agency for good cause 

finds (and incorporates the finding and 

a brief statement of reasons therefor in 

the rules issued) that notice and public 

procedure thereon are impracticable, 


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unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b). 

The FDIC is amending parts 338 and 

352 to make procedural changes to FDIC 

address and contact information 

consistent with current agency practice 

and procedures. Further, the 

amendment to part 338 will make the 

Equal Housing Lender poster consistent 

with the poster made available by the 

FDIC to insured state nonmember banks. 

Since these changes relate to agency 

organization, procedure, or practice, and 

because the FDIC has determined for 

good cause that public notice and 

comment are unnecessary, the rules are 

being published in final form without 

public notice and comment. 

IV. Effective Dates 

Section 553 of the APA provides that 

a regulation shall not be made effective 

less than 30 days after its publication in 

the Federal Register except, among 

other things, upon a finding of ‘‘good 

cause’’ by the agency. (5 U.S.C. 553(d).) 

The FDIC finds that there is good cause 

to make the amendments to parts 338 

and 352 effective immediately upon 

publication in the Federal Register 

because the revisions to the FDIC 

contact information, address and 

telephone number in the regulations are 

procedural and non-substantive. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) does not apply to a 

rulemaking where a general notice of 

proposed rulemaking is not required. 

(5 U.S.C. 603 and 604.) As noted 

previously, the FDIC has determined 

that it is unnecessary to publish a notice 

of proposed rulemaking for the final 

rule amending parts 338 and 352. 

Accordingly, the RFA’s requirements 

relating to an initial and final regulatory 

flexibility analysis do not apply to this 

rulemaking for parts 338 or 352. 

VI. Paperwork Reduction Act of 1995 

The final rule for parts 338 or 352 

does not contain any requirements for 

the collection of information pursuant 

to the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). 

VII. The Treasury and General 

Government Appropriations Act, 

1999—Assessment of Federal 

Regulations and Policies on Families 

The FDIC has determined that the 

final rule for parts 338 or 352 will not 

affect family well-being within the 

meaning of section 654 of the Treasury 

and General Government 

Appropriations Act, 1999, enacted as 

part of the Omnibus Consolidated and 

Emergency Supplemental 

Appropriations Act, 1999 (Pub. L. 105–

277, 112 Stat. 2681). 

VIII. Small Business Regulatory 

Enforcement Fairness Act 

The Office of Management and Budget 

has determined that the final rule for 

parts 338 or 352 is not a ‘‘major rule’’

within the meaning of the relevant 

sections of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA) (Title II, Pub. L. 104–

121). As required by SBREFA, the FDIC 

will file the appropriate reports with 

Congress and the Government 

Accountability Office so that the final 

rule for parts 338 or 352 may be 

reviewed. 

List of Subjects 

12 CFR Part 338 

Advertising, Banks, Banking, Civil 

rights, Credit, Fair housing, Mortgages, 

Reporting and recordkeeping 

requirements, Signs and symbols. 

12 CFR Part 352 

Nondiscrimination on the basis of 

disability, Accessibility to electronic 

and information technology, 

Employment, Communications. 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, parts 338 and 352 of Chapter 

III of the title 12 of the Code of Federal 

Regulations are amended as follows: 

PART 338—FAIR HOUSING 

■ 1. The authority citation for part 338 

continues to read as follows: 

Authority: 12 U.S.C. 1817, 1818, 1819, 

1820(b), 2801 et seq.; 15 U.S.C. 1691 et seq.; 

42 U.S.C. 3605, 3608; 12 CFR parts 202, 203; 

24 CFR part 110. 

Subpart A—Advertising 

■ 2. Section 338.4(b) is amended by 

revising the Equal Housing Lender 

Poster set forth in this paragraph to read 

as follows: 

§ 338.4 Fair housing poster. 

* * * * * 

(b) * * * 

BILLING CODE 6714–01–P 


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BILLING CODE 6714–01–P 


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* * * * * 

PART 352—NONDISCRIMINATION ON 

THE BASIS OF DISABILITY 

■ 3. The authority citation for part 352 

continues to read as follows: 

Authority: 12 U.S.C. 1819(a); 29 U.S.C. 

794d. 

■ 4. The second and third sentences of 

§ 352.9(b) are revised to read as follows: 

§ 352.9 Communications. 

* * * * * 

(b) * * * Interested persons may 

obtain such information by calling, 

writing or visiting the FDIC Office of 

Diversity and Economic Opportunity 

(ODEO), located at 3501 Fairfax Drive, 

Arlington, VA 22226. The FDIC 

telephone number is (877) 275–3342 or 

(703) 562–2473 (TTY). 

* * * * * 

■ 5. The last sentence of § 352.10(c) is 

revised to read as follows: 

§ 352.10 Compliance procedures. 

* * * * * 

(c) * * * All complaints should be 

sent to the FDIC’s Office of Diversity 

and Economic Opportunity, 3501 

Fairfax Drive, Arlington, VA 22226. 

* * * * * 

Dated this 31st day of July, 2008. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E8–18052 Filed 8–6–08; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0837; Directorate 

Identifier 2008–CE–043–AD; Amendment 

39–15633; AD 2008–16–15] 

RIN 2120–AA64 

Airworthiness Directives; Eclipse 

Aviation Corporation Model EA500 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

emergency Airworthiness Directive (AD) 

2008–13–51, which currently applies to 

all owners/operators of Eclipse Aviation 

Corporation (Eclipse) Model EA500 

airplanes that received the emergency 

AD by letter issued June 12, 2008. 

Emergency AD 2008–13–51 requires 

owner/operators to insert temporary 

revisions into the emergency and 

normal procedures sections of the 

airplane flight manual (AFM), do a pilot 

evaluation of the throttles with 

replacement as necessary, and report the 

evaluation results to the FAA. 

Emergency AD 2008–13–51 was the 

result of the throttle position exceeding 

its maximum range. Since issuing that 

AD, Eclipse developed an FAAapproved test procedure and issued 

Eclipse Aviation Alert Service Bulletin 

SB 500–76–001, REV B, dated July 22, 

2008. The service bulletin provides a 

standardized procedure for testing and 

modifying (as applicable) the throttle 

lever with replacement as necessary. We 

are issuing this AD to mandate the 

actions in this service bulletin to be 

done by a person authorized to perform 

maintenance and reduce the likelihood 

of the throttle position signal exceeding 

its maximum range, which could cause 

loss of left and right engine control. This 

condition could result in the inability to 

maintain desired airspeed and/or 

altitude with consequent loss of control. 

DATES: This AD becomes effective on 

August 7, 2008. 

On August 7, 2008, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by October 6, 2008. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

To get the service information 

identified in this AD, contact Eclipse 

Aviation Corporation, 2503 Clark Carr 

Loop, SE., Albuquerque, New Mexico 

87106; telephone: (505) 724–1200. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2008–0837; 

Directorate Identifier 2008–CE–043–AD. 

FOR FURTHER INFORMATION CONTACT: 

Mitchell Soth, Aerospace Engineer, 

FAA, Forth Worth Airplane 

Certification Office, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone: (817) 222–5104; fax: (817) 

222–5960. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Following a wind shear encounter on 

final approach, the pilot of an Eclipse 

Model EA500 airplane applied full 

throttle using enough force against the 

forward stops to exceed the design 

throttle position signal maximum range. 

The associated fault mode held the 

engine thrust settings at the last known 

throttle position, which was maximum. 

Following the balked landing, the 

pilot elected to shutdown one engine. 

Upon shutdown of the one engine, the 

opposite engine thrust reduced to idle 

and was unresponsive to subsequent 

throttle lever movement. The pilot was 

able to land the airplane with no injury 

or substantial damage. Both main tires 

were blown during the event. 

Exceeding the throttle position signal 

maximum range could cause loss of left 

and right engine control, which could 

result in the inability to maintain 

desired airspeed and/or altitude with 

consequent loss of control. 

On June 12, 2008, the FAA issued 

emergency AD 2008–13–51 to require 

owner/operators to insert the following 

into emergency and normal procedures 

sections of the EA500 pilots operating 

handbook (POH) and airplane flight 

manual (AFM), as applicable: 

• Temporary Revision No. 005 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, L & R ENG 

CONTROL FAIL, AFM part number (P/ 

N) 06–122204, dated June 12, 2008; 

• Temporary Revision No. 006 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, THROTTLE 

STOPS, AFM P/N 06–122204, dated 

June 12, 2008; 

• Temporary Revision No. 007 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, L & R ENG 

CONTROL FAIL, AFM P/N 06–121654, 

dated June 12, 2008; 

• Temporary Revision No. 008 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, THROTTLE 

STOPS, AFM P/N 06–121654, dated 

June 12, 2008; 

• Temporary Revision No. 013 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, L & R ENG 

CONTROL FAIL, AFM P/N 06–100106, 

dated June 12, 2008; and 

• Temporary Revision No. 014 To 

EA500 POH and FAA-Approved 

Airplane Flight Manual, THROTTLE 

STOPS, AFM P/N 06–100106, dated 

June 12, 2008. 

The emergency AD also required an 

evaluation of the throttles with 


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