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Federal Register / Vol. 71, No.

95 / Wednesday, May 17, 2006 / Rules and Regulations 28563

Federal reserve SUPPLEMENTARY INFORMATION: The Board DEPARTMENT OF TRANSPORTATION


Rate Effective
bank published a document in the Federal
Register on March 7, 2006, (71 FR Federal Aviation Administration
Cleveland ........... 6.00 May 10, 2006.
11296) which updated the addresses of
Richmond ........... 6.00 May 10, 2006. 14 CFR Part 39
Atlanta ................ 6.00 May 10, 2006. certain Federal enforcement agencies.
Chicago .............. 6.00 May 10, 2006. The Board is publishing this notice to [Docket No. FAA–2005–23215; Directorate
St. Louis ............. 6.00 May 11, 2006. correct the address of the Office of the Identifier 2005–NM–212–AD; Amendment
Minneapolis ........ 6.00 May 10, 2006. Comptroller of the Currency. 39–14596; AD 2006–10–12]
Kansas City ....... 6.00 May 11, 2006.
Dallas ................. 6.00 May 10, 2006. 12 CFR Chapter II RIN 2120–AA64
San Francisco .... 6.00 May 10, 2006.
List of Subjects in 12 CFR Part 202 Airworthiness Directives; BAE
(b) Secondary credit. The interest Aged, Banks, banking, Civil rights, Systems (Operations) Limited Model
rates for secondary credit provided to Consumer protections, Credit, BAe 146 Airplanes and Model Avro
depository institutions under 201.4(b) 146–RJ Airplanes
Discrimination, Federal Reserve System,
are: Marital status discrimination, Penalties, AGENCY: Federal Aviation
Religious discrimination, Sex Administration (FAA), Department of
Federal reserve Rate Effective discrimination. Transportation (DOT).
bank
Authority and Issuance ACTION: Final rule.
Boston ................ 6.50 May 10, 2006.
New York ........... 6.50 May 10, 2006. SUMMARY: The FAA is adopting a new
Philadelphia ....... 6.50 May 10, 2006. ■ For the reasons set forth in the airworthiness directive (AD) for all BAE
Cleveland ........... 6.50 May 10, 2006. preamble, the Board amends 12 CFR Systems (Operations) Limited Model
Richmond ........... 6.50 May 10, 2006. part 202 to read as follows: BAe 146 airplanes and Model Avro 146–
Atlanta ................ 6.50 May 10, 2006.
Chicago .............. 6.50 May 10, 2006.
RJ airplanes. This AD requires repetitive
PART 202—EQUAL CREDIT
St. Louis ............. 6.50 May 11, 2006. replacement of the elevator servo tab
OPPORTUNITY ACT (REGULATION B) hinge bearings, elevator servo tab
Minneapolis ........ 6.50 May 10, 2006.
Kansas City ....... 6.50 May 11, 2006. mechanism bearings, elevator trim tab
■ 1. The authority citation for part 202
Dallas ................. 6.50 May 10, 2006. hinge bearings, and elevator trim tab
continues to read as follows:
San Francisco .... 6.50 May 10, 2006. drive rod bearings with new bearings.
Authority: 15 U.S.C. 1691–1691f. This AD results from reported incidents
* * * * * of flight control surface restrictions due
■ 2. Appendix A is amended by revising
By order of the Board of Governors of the to the deterioration of flight control
the following Federal Enforcement
Federal Reserve System, May 11, 2006. surface bearings. We are issuing this AD
Agency’s address to read as follows:
Jennifer J. Johnson, to prevent corrosion of flight control
Secretary of the Board. Appendix A to Part 202—Federal surface bearings and freezing of
[FR Doc. 06–4592 Filed 5–16–06; 8:45 am] Enforcement Agencies moisture inside the bearings, due to loss
of lubrication in the bearings, which
BILLING CODE 6210–02–P * * * * * could lead to flight control restrictions
National banks, and federal branches and
and result in reduced controllability of
federal agencies of foreign banks: Office of
FEDERAL RESERVE SYSTEM the airplane.
the Comptroller of the Currency, Customer
Assistance Group, 1301 McKinney Street, DATES: This AD becomes effective June
12 CFR Part 202 Suite 3450, Houston, TX 77010–9050 21, 2006.
[Regulation B; Docket No. R–1251] The Director of the Federal Register
* * * * * approved the incorporation by reference
Equal Credit Opportunity By order of the Board of Governors of the of a certain publication listed in the AD
Federal Reserve System, acting through the as of June 21, 2006.
AGENCY: Board of Governors of the Secretary of the Board under delegated ADDRESSES: You may examine the AD
Federal Reserve System. authority, May 11, 2006. docket on the Internet at http://
ACTION: Final rule; technical Jennifer J. Johnson, dms.dot.gov or in person at the Docket
amendments. Management Facility, U.S. Department
Secretary of the Board.
SUMMARY: The Board is publishing a [FR Doc. 06–4593 Filed 5–16–06; 8:45 am] of Transportation, 400 Seventh Street,
technical amendment to Regulation B BILLING CODE 6210–01–P
SW., Nassif Building, room PL–401,
(Equal Credit Opportunity Act) to Washington, DC.
correct the address of the Office of the Contact British Aerospace Regional
Comptroller of the Currency as Aircraft American Support, 13850
published in the Federal Register on Mclearen Road, Herndon, VA 20171, for
March 7, 2006. service information identified in this
DATES: Effective Date: May 17, 2006.
AD.
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Dan
Minh-Duc T. Le, Senior Attorney, Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
dsatterwhite on PROD1PC76 with RULES

Division of Consumer and Community


Affairs, Board of Governors of the Transport Airplane Directorate, 1601
Federal Reserve System, at (202) 452– Lind Avenue, SW., Renton, WA 98055–
3667. For the users of 4056; telephone (425) 227–2125; fax
Telecommunications Device for the Deaf (425) 227–1149.
(‘‘TDD’’) only, contact (202) 263–4869. SUPPLEMENTARY INFORMATION:

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28564 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations

Examining the Docket airworthiness directive G–2005–0014, examined all aspects of this issue and
You may examine the airworthiness dated May 31, 2005.) Therefore, we have have made a final determination, we
directive (AD) docket on the Internet at revised paragraph (f) of this AD to will consider whether our current
http://dms.dot.gov or in person at the reference only Part 1 of the practice needs to be revised. To delay
Docket Management Facility office Accomplishment Instructions of this AD would be inappropriate, since
between 9 a.m. and 5 p.m., Monday Revision 1. We have also added a new we have determined that an unsafe
through Friday, except Federal holidays. paragraph (g) to this AD to give credit condition exists and that replacement of
The Docket Management Facility office for actions done in accordance with the certain parts must be accomplished to
(telephone (800) 647–5227) is located on original issue of the service bulletin; we ensure continued safety. Therefore, no
the plaza level of the Nassif Building at have reidentified the subsequent change has been made to the final rule
the street address stated in the paragraphs in this AD accordingly. in this regard.
ADDRESSES section. Request To Identify the Part Numbers Conclusion
Discussion of Certain Bearings We have carefully reviewed the
The FAA issued a notice of proposed Modification and Replacement Parts available data, including the comments
rulemaking (NPRM) to amend 14 CFR Association (MARPA) requests that we received, and determined that air safety
part 39 to include an AD that would either publish the referenced service and the public interest require adopting
apply to all BAE Systems (Operations) bulletin with the AD, or incorporate by the AD with the changes described
Limited Model BAe 146 airplanes and reference (IBR) it with the NPRM. If we previously. We have determined that
Model Avro 146–RJ airplanes. That IBR rather than publish the referenced these changes will neither increase the
NPRM was published in the Federal service bulletin, then MARPA further economic burden on any operator nor
Register on December 8, 2005 (70 FR requests that we identify the increase the scope of the AD.
72938). That NPRM proposed to require manufacturer and part numbers of the
affected bearings in this AD. Unless we Costs of Compliance
repetitive replacement of the elevator
servo tab hinge bearings, elevator servo specify this information in the AD, This AD affects about 21 airplanes of
tab mechanism bearings, elevator trim MARPA states that there is no practical U.S. registry. The actions in this AD
tab hinge bearings, and elevator trim tab method for determining whether take about 75 work hours per airplane,
drive rod bearings with new bearings. alternative parts to the affected bearings at an average labor rate of $65 per work
exist (under 14 CFR 21.303) without hour. Required parts cost about $3,192
Comments obtaining the necessary proprietary per airplane. Based on these figures, the
We provided the public the service bulletin. estimated cost of the AD for U.S.
opportunity to participate in the MARPA also comments on our operators is $169,407, or $8,067 per
development of this AD. We have practice of IBR and referencing airplane, per replacement cycle.
considered the comments received. proprietary service information.
MARPA asserts that if we IBR Authority for This Rulemaking
Request To Reference Revision 1 of proprietary service information with a Title 49 of the United States Code
Service Bulletin public document, such as an AD, then specifies the FAA’s authority to issue
Air Wisconsin Airlines requests that that service information loses its rules on aviation safety. Subtitle I,
we reference Revision 1 of BAE Systems protected copyright status and becomes section 106, describes the authority of
(Operations) Limited Inspection Service a public document. MARPA also claims the FAA Administrator. Subtitle VII,
Bulletin ISB.27–177, dated October 5, that IBR requires we provide a copy of Aviation Programs, describes in more
2005, as the appropriate source of the relevant service information to the detail the scope of the Agency’s
service information for accomplishing Director of the Federal Register before authority.
the actions in the NPRM. We referenced the NPRM can be published. MARPA We are issuing this rulemaking under
the original issue of BAE Systems further states that: ‘‘Merely referencing the authority described in subtitle VII,
(Operations) Limited Inspection Service a service document without part A, subpart III, section 44701,
Bulletin ISB.27–177, dated June 3, 2004, incorporation thus becomes an ‘end run’ ‘‘General requirements.’’ Under that
in the NPRM. The commenter states that around the publication requirement section, Congress charges the FAA with
Revision 1 of the service bulletin is while still requiring possession of a promoting safe flight of civil aircraft in
divided into two parts, where the proprietary document in order to air commerce by prescribing regulations
actions proposed in the NPRM are comply with the law.’’ MARPA believes for practices, methods, and procedures
specified in Part 1 of the service bulletin our practice of IBR is flawed legally. the Administrator finds necessary for
and other actions—not related to the We do not agree to specify the safety in air commerce. This regulation
NPRM—are specified Part 2. The affected part numbers in this AD. It is is within the scope of that authority
commenter also states that Revision 1 our general practice to reference the because it addresses an unsafe condition
corrects a typo to a certain part number. appropriate service information, since that is likely to exist or develop on
We agree. We have reviewed Revision the affected part numbers are clearly products identified in this rulemaking
1 of the service bulletin and have specified in the referenced information. action.
determined that the procedures in Not only does it appear redundant to
Revision 1 are identical to those repeat part numbers in an AD, but if Regulatory Findings
specified in the original issue of the there was a large number of parts We have determined that this AD will
service bulletin. The actions specified in involved, it would increase the risk of not have federalism implications under
Part 2 of the Accomplishment error in repeating those part numbers in Executive Order 13132. This AD will
dsatterwhite on PROD1PC76 with RULES

Instructions of Revision 1 are identical an AD. We are currently in the process not have a substantial direct effect on
to other actions specified in the original of reviewing issues surrounding the the States, on the relationship between
issue of the service bulletin that are not posting of service bulletins on the the National Government and the States,
required for addressing the unsafe Department of Transportation’s Docket or on the distribution of power and
condition of this AD. (Those actions Management System (DMS) as part of an responsibilities among the various
also were not mandated by British AD docket. Once we have thoroughly levels of government.

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Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations 28565

For the reasons discussed above, I Compliance Issued in Renton, Washington, on May 8,
certify that this AD: (e) You are responsible for having the 2006.
(1) Is not a ‘‘significant regulatory actions required by this AD performed within Ali Bahrami,
action’’ under Executive Order 12866; the compliance times specified, unless the Manager, , Transport Airplane Directorate,
(2) Is not a ‘‘significant rule’’ under actions have already been done. Aircraft Certification Service.
DOT Regulatory Policies and Procedures [FR Doc. 06–4543 Filed 5–16–06; 8:45 am]
(44 FR 11034, February 26, 1979); and Repetitive Replacement
BILLING CODE 4910–13–P
(3) Will not have a significant (f) Before the accumulation of 96 months
economic impact, positive or negative, on a bearing since new, or within 16 months
on a substantial number of small entities after the effective date of this AD, whichever DEPARTMENT OF TRANSPORTATION
under the criteria of the Regulatory is later: Replace the elevator servo tab hinge
Flexibility Act. bearings, the elevator servo tab mechanism Federal Aviation Administration
We prepared a regulatory evaluation bearings, elevator trim tab hinge bearings,
of the estimated costs to comply with and elevator trim tab drive rod bearings with 14 CFR Part 39
this AD and placed it in the AD docket. new bearings, in accordance with Part 1 of
the Accomplishment Instructions of BAE [Docket No. FAA–2005–22254; Directorate
See the ADDRESSES section for a location Identifier 2005–NM–001–AD; Amendment
Systems (Operations) Limited Inspection
to examine the regulatory evaluation. Service Bulletin ISB.27–177, Revision 1, 39–14598; AD 2006–10–14]
List of Subjects in 14 CFR Part 39 dated October 5, 2005. Repeat the RIN 2120–AA64
replacements thereafter at intervals not to
Air transportation, Aircraft, Aviation exceed 96 months. Airworthiness Directives; McDonnell
safety, Incorporation by reference,
Credit for Previous Service Bulletin Douglas Model DC–9–10, DC–9–20,
Safety.
DC–9–30, DC–9–40, and DC–9–50
Adoption of the Amendment (g) Actions done before the effective date Series Airplanes; Model DC–9–81 (MD–
of this AD in accordance with BAE Systems
81), DC–9–82 (MD–82), DC–9–83 (MD–
■ Accordingly, under the authority (Operations) Limited Inspection Service
83), and DC–9–87 (MD–87) Airplanes;
delegated to me by the Administrator, Bulletin ISB.27–177, dated June 3, 2004, are
acceptable for compliance with the
Model MD–88 Airplanes; Model MD–
the FAA amends 14 CFR part 39 as
requirements of paragraph (f) of this AD. 90–30 Airplanes; and Model 717–200
follows: Airplanes
Alternative Methods of Compliance
PART 39—AIRWORTHINESS (AMOCs) AGENCY: Federal Aviation
DIRECTIVES Administration (FAA), Department of
(h)(1) The Manager, International Branch,
■ 1. The authority citation for part 39 ANM–116, Transport Airplane Directorate, Transportation (DOT).
continues to read as follows: FAA, has the authority to approve AMOCs ACTION: Final rule.

Authority: 49 U.S.C. 106(g), 40113, 44701. for this AD, if requested in accordance with
SUMMARY: The FAA is adopting a new
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
airworthiness directive (AD) for certain
§ 39.13 [Amended] McDonnell Douglas transport category
accordance with § 39.19 on any airplane to
■ 2. The Federal Aviation airplanes. This AD requires an
which the AMOC applies, notify the
Administration (FAA) amends § 39.13 appropriate principal inspector in the FAA inspection to determine the part number
by adding the following new Flight Standards Certificate Holding District of the upper and lower stop pad support
airworthiness directive (AD): Office. fittings of all the lower cargo doors,
2006–10–12 BAE Systems (Operations) repetitive inspections of all early
Limited (Formerly British Aerospace Related Information configuration stop pad support fittings,
Regional Aircraft): Amendment 39– (i) British airworthiness directive G–2005– and corrective action if necessary. This
14596. Docket No. FAA–2005–23215; 0014, dated May 31, 2005, also addresses the AD also provides an optional
Directorate Identifier 2005–NM–212–AD. subject of this AD. terminating action for the repetitive
Effective Date Material Incorporated by Reference inspections. This AD results from a
(a) This AD becomes effective June 21, report of cracks found in the area of the
(j) You must use BAE Systems (Operations)
2006. Limited Inspection Service Bulletin ISB.27–
upper and lower stop pad support
177, Revision 1, dated October 5, 2005, to fittings of the cargo door pan on
Affected ADs
perform the actions that are required by this numerous airplanes. We are issuing this
(b) None. AD to prevent cracks in the cargo door
AD, unless the AD specifies otherwise. The
Applicability Director of the Federal Register approved the pan, which could result in the inability
(c) This AD applies to all BAE Systems incorporation by reference of this document to fully pressurize an airplane, possible
(Operations) Limited Model BAe 146–100A, in accordance with 5 U.S.C. 552(a) and 1 CFR pressure loss, or possible rapid
–200A, and –300A series airplanes; and part 51. Contact British Aerospace Regional decompression of the airplane.
Model Avro 146–RJ70A, 146–RJ85A, and Aircraft American Support, 13850 Mclearen DATES: This AD becomes effective June
146–RJ100A airplanes; certificated in any Road, Herndon, Virginia 20171, for a copy of 21, 2006.
category. this service information. You may review The Director of the Federal Register
Unsafe Condition copies at the Docket Management Facility, approved the incorporation by reference
U.S. Department of Transportation, 400 of certain publications listed in the AD
(d) This AD results from reported incidents
Seventh Street SW., room PL–401, Nassif as of June 21, 2006.
of flight control surface restrictions due to
Building, Washington, DC; on the Internet at
the deterioration of flight control surface ADDRESSES: You may examine the AD
bearings. We are issuing this AD to prevent http://dms.dot.gov; or at the National
dsatterwhite on PROD1PC76 with RULES

Archives and Records Administration docket on the Internet at http://


corrosion of flight control surface bearings dms.dot.gov or in person at the Docket
and freezing of moisture inside the bearings, (NARA). For information on the availability
due to loss of lubrication in the bearings, of this material at the NARA, call (202) 741– Management Facility, U.S. Department
which could lead to flight control restrictions 6030, or go to http://www.archives.gov/ of Transportation, 400 Seventh Street,
and result in reduced controllability of the federal_register/code_of_federal_regulations/ SW., Nassif Building, room PL–401,
airplane. ibr_locations.html. Washington, DC.

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