25662 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

circumstances. Accordingly, each loan 

should be evaluated by the creditor based on 

the facts and circumstances relating to the 

eligibility of that loan at the time of 

consummation. For example: 

i. Assume eligibility to purchase a loan was 

based in part on the consumer’s employment 

income of $50,000 per year. The creditor uses 

the income figure in obtaining an approve/ 

eligible recommendation from DU. A quality 

control review, however, later determines 

that the documentation provided and verified 

by the creditor to comply with Fannie Mae 

requirements did not support the reported 

income of $50,000 per year. As a result, 

Fannie Mae demands that the creditor 

repurchase the loan. Assume that the quality 

control review is accurate, and that DU 

would not have issued an approve/eligible 

recommendation if it had been provided the 

accurate income figure. The DU 

determination at the time of consummation 

was invalid because it was based on 

inaccurate information provided by the 

creditor; therefore, the loan was never a 

qualified mortgage. 

ii. Assume that a creditor delivered a loan, 

which the creditor determined was a 

qualified mortgage at the time of 

consummation under § 1026.43(e)(4), to 

Fannie Mae for inclusion in a particular ToBe-Announced Mortgage Backed Security 

(MBS) pool of loans. The data submitted by 

the creditor at the time of loan delivery 

indicated that the various loan terms met the 

product type, weighted-average coupon 

(WAC), weighted-average maturity (WAM), 

and other MBS pooling criteria, and MBS 

issuance disclosures to investors reflected 

this loan data. However, after delivery and 

MBS issuance, a quality control review 

determines that the loan violates the pooling 

criteria. The loan still meets eligibility 

requirements for Fannie Mae products and 

loan terms. Fannie Mae, however, requires 

the creditor to repurchase the loan due to the 

violation of MBS pooling requirements. 

Assume that the quality control review 

determination is accurate. The reason the 

creditor repurchases this loan is wholly 

unrelated to assessing a consumer’s ability to 

repay under § 1026.43(e)(4). The loan still 

meets Fannie Mae eligibility requirements 

and therefore remains a qualified mortgage 

based on these facts and circumstances. 

* * * * * 

Dated: April 19, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–09750 Filed 5–1–13; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0361; Directorate 

Identifier 2013–NM–026–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all The 

Boeing Company Model 727 series 

airplanes. This proposed AD was 

prompted by a report of cracking in the 

left-side chord of the fin closure rib on 

the vertical stabilizer. This proposed AD 

would require repetitive inspections of 

the left and right side chords of the fin 

closure rib for cracking and corrosion, 

and related investigative and corrective 

actions if necessary. We are proposing 

this AD to detect and correct cracking 

and corrosion in the left and right side 

chords of the fin closure rib, which 

could lead to widespread cracking in 

the chords that might weaken the fin 

closure rib structure and result in loss 

of airplane control due to lack of 

horizontal stabilizer support. 

DATES: We must receive comments on 

this proposed AD by June 17, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For Boeing service information 

identified in this proposed AD, contact 

Boeing Commercial Airplanes, 

Attention: Data & Services Management, 

P.O. Box 3707, MC 2H–65, Seattle, WA 

98124–2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6577; fax: 425–917–6590; email: 

berhane.alazar@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2013–0361; Directorate Identifier 2013– 

NM–026–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 because of 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 

During a routine maintenance 

inspection an operator reported finding 

a crack on the left-side chord of the fin 

closure rib. The crack measured 2.4 

inches long and ran along the length of 

the chord. Cracking on the left-side 

chord of the fin closure rib is the result 

of intergranual stress corrosion caused 

by the material properties of 2024–T351 

extrusion from which the closure rib 

chord is made. This material becomes 

vulnerable after the surface finishes 

begin to break down as a result of 

normal in-service aging. We are 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25663 

proposing this AD to detect and correct 

cracking and corrosion in the left and 

right side chords of the fin closure rib, 

which could lead to widespread 

cracking in the chords that might 

weaken the fin closure rib structure, and 

result in loss of airplane control due to 

lack of horizontal stabilizer support. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 727–55– 

0095, dated September 24, 2012. For 

information on the procedures and 

compliance times, see this service 

information at http:// 

www.regulations.gov by searching for 

Docket No. FAA–2013–0361. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Information.’’ 

Differences Between the Proposed AD 

and the Service Information 

Where Boeing Special Attention 

Service Bulletin 727–55–0095, dated 

September 24, 2012, specifies to contact 

the manufacturer for instructions on 

how to repair certain conditions, this 

proposed AD would require repairing 

those conditions in one of the following 

ways: 

• In accordance with a method that 

we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

Costs of Compliance 

We estimate that this proposed AD 

affects 98 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product Cost on U.S. operators 

Inspections ..................... 17 work-hours × $85 per hour = $1,445 per inspection cycle.$0 $1,445 per inspection 

cycle.

$141,610 per inspection 

cycle. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2013–0361; Directorate Identifier 2013– 

NM–026–AD. 

(a) Comments Due Date 

We must receive comments by June 17, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 727, 727C, 727–100, 727– 

100C, 727–200, and 727–200F series 

airplanes, certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 55, Stabilizers. 

(e) Unsafe Condition 

This AD was prompted by a report of 

cracking in the left-side chord of the fin 

closure rib on the vertical stabilizer. We are 

issuing this AD to detect and correct cracking 

and corrosion in the left and right side 

chords of the fin closure rib, which could 

lead to widespread cracking in the chords 

that might weaken the fin closure rib 

structure, and result in loss of airplane 

control due to lack of horizontal stabilizer 

support. 

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25664 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Detailed and High Frequency Eddy 

Current (HFEC) Inspections 

Within 24 months after the effective date 

of this AD: Do a detailed inspection for 

cracking and corrosion of the left and right 

side chords of the fin closure rib, and do a 

HFEC inspection of the left- and right-side 

chords for cracking, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 727–55– 

0095, dated September 24, 2012. If any 

cracking or corrosion is found, before further 

flight, repair or replace the affected right or 

left-side chord using a method approved in 

accordance with the procedures specified in 

paragraph (h) of this AD. Repeat the detailed 

inspection and HFEC inspection thereafter at 

intervals not to exceed 26 months. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(i) Related Information 

(1) For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6577; fax: 425–917– 

6590; email: berhane.alazar@faa.gov. 

(2) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P.O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

206- 544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. You may also 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on April 23, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–10367 Filed 5–1–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0335; Directorate 

Identifier 2012–NM–187–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Airbus Model A330–300, A340–200, 

and A340–300 series airplanes. This 

proposed AD was prompted by a 

determination that ballscrew rupture 

could occur on certain trimmable 

horizontal stabilizer actuators (THSAs). 

This proposed AD would require 

repetitive THSA ballscrew shaft 

integrity tests, and replacement if 

necessary. We are proposing this AD to 

detect and correct ballscrew rupture, 

which, along with corrosion on the 

ballscrew lower splines, may lead to 

loss of transmission of THSA torque 

loads from the ballscrew to the tie-bar 

and consequent THSA blowback, which 

could result in loss of control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by June 17, 2013. 

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 W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; 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–2013–0335; Directorate Identifier 

2012–NM–187–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 2012–0210, 

dated October 11, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

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