Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56763 

(i) Deferred tax assets arising from 

deductible temporary differences that 

exceed the amount of taxes previously 

paid that could be recovered through 

loss carrybacks if existing temporary 

differences (both deductible and taxable 

and regardless of where the related 

deferred tax effects are reported on the 

balance sheet) fully reverse at the 

calendar quarter-end date; and 

(ii) Deferred tax assets arising from 

operating loss and tax credit 

carryforwards. 

(2) Tier 1 capital limitations. (i) The 

maximum allowable amount of deferred 

tax assets that are dependent upon 

future taxable income, net of any 

valuation allowance for deferred tax 

assets, will be limited to the lesser of: 

(A) The amount of deferred tax assets 

that are dependent upon future taxable 

income that is expected to be realized 

within one year of the calendar quarterend date, based on a projected future 

taxable income for that year; or 

(B) Ten percent of the amount of Tier 

1 capital that exists before the deduction 

of any disallowed servicing assets, any 

disallowed purchased credit card 

relationships, any disallowed creditenhancing interest-only strips, and any 

disallowed deferred tax assets. 

(ii) For purposes of this limitation, all 

existing temporary differences should 

be assumed to fully reverse at the 

calendar quarter-end date. The recorded 

amount of deferred tax assets that are 

dependent upon future taxable income, 

net of any valuation allowance for 

deferred tax assets, in excess of this 

limitation will be deducted from assets 

and from equity capital for purposes of 

determining Tier 1 capital under this 

part. The amount of deferred tax assets 

that can be realized from taxes paid in 

prior carryback years and from the 

reversal of existing taxable temporary 

differences generally would not be 

deducted from assets and from equity 

capital. 

(iii) Notwithstanding paragraph 

(h)(2)(B)(ii) of this section, the amount 

of carryback potential that may be 

considered in calculating the amount of 

deferred tax assets that a savings 

association that is part of a consolidated 

group (for tax purposes) may include in 

Tier 1 capital may not exceed the 

amount which the association could 

reasonably expect to have refunded by 

its parent. 

(3) Projected future taxable income. 

Projected future taxable income should 

not include net operating loss 

carryforwards to be used within one 

year of the most recent calendar quarterend date or the amount of existing 

temporary differences expected to 

reverse within that year. Projected 

future taxable income should include 

the estimated effect of tax planning 

strategies that are expected to be 

implemented to realize tax 

carryforwards that will otherwise expire 

during that year. Future taxable income 

projections for the current fiscal year 

(adjusted for any significant changes 

that have occurred or are expected to 

occur) may be used when applying the 

capital limit at an interim calendar 

quarter-end date rather than preparing a 

new projection each quarter. 

(4) Unrealized holding gains and 

losses on available-for-sale debt 

securities. The deferred tax effects of 

any unrealized holding gains and losses 

on available-for-sale debt securities may 

be excluded from the determination of 

the amount of deferred tax assets that 

are dependent upon future taxable 

income and the calculation of the 

maximum allowable amount of such 

assets. If these deferred tax effects are 

excluded, this treatment must be 

followed consistently over time. 

Dated: September 18, 2008. 

John C. Dugan, 

Comptroller of the Currency. 

By order of the Board of Governors of the 

Federal Reserve System, September 23, 2008. 

Jennifer J. Johnson, 

Secretary of the Board. 

Dated at Washington, DC, this 18th day of 

September 2008. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Dated: September 23, 2008. 

By the Office of Thrift Supervision. 

John Reich, 

Director. 

[FR Doc. E8–22741 Filed 9–29–08; 8:45 am] 

BILLING CODE 4810–33–P (25%), 6210–01–P (25%), 

6714–01–P (25%), 6720–01–P (25%) 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1043; Directorate 

Identifier 2008–NM–036–AD] 

RIN 2120–AA64 

Airworthiness Directives; 328 Support 

Services GmbH Dornier Model 328–100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During overhaul on a Dornier 328–100 

landing gear unit, parts of the MLG (main 

landing gear) main body and trailing arm 

bushings have been found corroded. 

Investigation showed that over time, these 

bushings can migrate, creating the risk of 

corrosion in adjacent areas. Such corrosion, 

if not detected, could cause damage to the 

MLG, possibly resulting in MLG functional 

problems or failure. 

* * * * * 

Functional problems or failure of the 

MLG could result in the inability of the 

MLG to extend or retract. The proposed 

AD would require actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 30, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 


ebenthall on PROD1PC60 with PROPOSALS
56764 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

98057–3356; telephone (425) 227–2125; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–1043; Directorate Identifier 

2008–NM–036–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0009, 

dated January 11, 2008 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During overhaul on a Dornier 328–100 

landing gear unit, parts of the MLG (main 

landing gear) main body and trailing arm 

bushings have been found corroded. 

Investigation showed that over time, these 

bushings can migrate, creating the risk of 

corrosion in adjacent areas. Such corrosion, 

if not detected, could cause damage to the 

MLG, possibly resulting in MLG functional 

problems or failure. 

Based on these findings, the existing 

mandatory retrofit limitation (as required by 

Airworthiness Limitations Document under 

Section E ‘‘Mandatory Retrofit Items’’ since 

16 September 1998) for the MLG bushings at 

15,000 FC (flight cycles) has been amended 

with ‘‘ * * * or 6 calendar years time-inservice (TIS), whichever occurs first’’. 

For the reasons described above, this 

[EASA] Airworthiness Directive requires the 

implementation of the revised mandatory 

retrofit limitation and modification of MLG 

bushings that have exceeded the new limit. 

Functional problems or failure of the 

MLG could result in the inability of the 

MLG to extend or retract. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Relevant Service Information 

328 Support Services GmbH has 

issued Dornier Service Bulletin SB– 

328–32–245, Revision 2, dated 

November 21, 2007; and Dornier 328 

Temporary Revision (TR) ALD–084, 

dated November 7, 2005, to the Dornier 

328 Airworthiness Limitations 

Document. Messier-Dowty has issued 

Service Bulletin 800–32–014, Revision 

1, dated July 19, 1999. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 13 products of U.S. registry. 

We also estimate that it would take 

about 28 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $10,000 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$159,120, or $12,240 per product. 

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 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 this 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 and placed it in the 

AD docket. 

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. 


ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56765 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

328′ Support Services GmbH (Formerly, 

AvCraft Aerospace GmbH, formerly 

Fairchild Dornier GmbH, formerly 

Dornier Luftfahrt GmbH): Docket No. 

FAA–2008–1043; Directorate Identifier 

2008–NM–036–AD. 

Comments Due Date 

(a) We must receive comments by October 

30, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 328 Support 

Services GmbH Dornier Model 328–100 

airplanes, all serial numbers, certificated in 

any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During overhaul on a Dornier 328–100 

landing gear unit, parts of the MLG (main 

landing gear) main body and trailing arm 

bushings have been found corroded. 

Investigation showed that over time, these 

bushings can migrate, creating the risk of 

corrosion in adjacent areas. Such corrosion, 

if not detected, could cause damage to the 

MLG, possibly resulting in MLG functional 

problems or failure. 

Based on these findings, the existing 

mandatory retrofit limitation (as required by 

Airworthiness Limitations Document under 

Section E ‘‘Mandatory Retrofit Items’’ since 

16 September 1998) for the MLG bushings at 

15,000 FC (flight cycles) has been amended 

with ‘‘* * * or 6 calendar years time-inservice (TIS), whichever occurs first’’. 

For the reasons described above, this 

[EASA] Airworthiness Directive requires the 

implementation of the revised mandatory 

retrofit limitation and modification of MLG 

bushings that have exceeded the new limit. 

Functional problems or failure of the MLG 

could result in the inability of the MLG to 

extend or retract. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Modify the MLG main body and trailing 

arm bushings at the applicable time specified 

in paragraph (f)(1)(i) or (f)(1)(ii) of this AD, 

or within 12 months after the effective date 

of this AD, whichever occurs later. Do the 

modification in accordance with the 

instructions of Dornier Service Bulletin SB– 

328–32–245, Revision 2, dated November 21, 

2007; and Messier-Dowty Service Bulletin 

800–32–014, Revision 1, dated July 19, 1999. 

(i) For airplanes on which the bushings 

have not been replaced as of the effective 

date of this AD: Before the MLG accumulates 

15,000 flight cycles or 6 years, whichever 

occurs first. 

(ii) For airplanes on which the bushings 

have been replaced as of the effective date of 

this AD: Before the MLG exceeds 15,000 

flight cycles or 6 years after replacement of 

the bushings, whichever occurs first. 

(2) Within 1 month after the effective date 

of this AD: Revise the Airworthiness 

Limitations (AWL) section of the Instructions 

for Continued Airworthiness by 

incorporating the information in Dornier 328 

Temporary Revision (TR) ALD–084, dated 

November 7, 2005, into Section E, 

‘‘Mandatory Retrofit Items’’ of the Dornier 

328 Airworthiness Limitations Document 

(ALD). 

Note 1: The actions required by paragraph 

(f)(2) of this AD may be done by inserting a 

copy of Dornier 328 TR ALD–084 into 

Section E of the Dornier 328 ALD. 

(3) After doing the replacement required by 

paragraph (f)(1) of this AD, no person may 

install, on any airplane, a MLG unit as a 

replacement part, unless it has been modified 

in accordance with paragraph (f)(1) of this 

AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0009, dated January 11, 2008; Messier-Dowty 

Service Bulletin 800–32–014, Revision 1, 

dated July 19, 1999; Dornier Service Bulletin 

SB–328–32–245, Revision 2, dated November 

21, 2007; and Dornier 328 TR ALD–084, 

dated November 7, 2005, to the Dornier 328 

Airworthiness Limitations Document; for 

related information. 

Issued in Renton, Washington, on 

September 20, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22907 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1044; Directorate 

Identifier 2008–NM–095–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab Model 

SAAB-Fairchild SF340A (SAAB/ 

SF340A) and SAAB 340B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Several landing gear emergency extension 

valves have been found seized * * *. This 

condition, if not corrected, could result in 

malfunctioning of the landing gear release 

during an operational emergency. 

This malfunction could cause failure of 

the landing gear to extend and lock in 

the extended position, which could 

result in a gear up landing and reduced 

controllability of the airplane on the 

ground. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 30, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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– 


ebenthall on PROD1PC60 with PROPOSALS