62716 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 

Dated at Rockville, Maryland, this 1st day 

of October 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–25392 Filed 10–12–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1021; Directorate 

Identifier 2010–CE–053–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Limited Model FU24–954 

and FU24A–954 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede two existing ADs. 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: 

To prevent possible in-flight failure of the 

vertical stabiliser, leading to loss of control 

of the aircraft * * * 

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 November 29, 

2010. 

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 20590, 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 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 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

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–2010–1021; Directorate Identifier 

2010–CE–053–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:// 

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 

On February 4, 2004, we issued AD 

2004–03–29, Amendment 39–13473 (69 

FR 6553; February 11, 2004) and on 

June 30, 2008, we issued AD 2008–14– 

12, Amendment 39–15607 (73 FR 

40951; July 17, 2008). Those ADs 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2008–14–12, 

Pacific Aerospace Limited has 

developed a new vertical stabilizer 

design to eliminate the cracking in the 

vertical stabilizer that occurred with the 

original design. The new vertical 

stabilizer design incorporates a forward 

spar and is a failsafe structure. 

The Civil Aviation Authority (CAA), 

which is the aviation authority for New 

Zealand, has issued AD DCA/FU24/178, 

dated April 30, 2009 (referred to after 

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

condition for the specified products. 

The MCAI states: 

To prevent possible in-flight failure of the 

vertical stabiliser, leading to loss of control 

of the aircraft * * * 

Replace the vertical stabiliser with P/N 08– 

32005–2 by accomplishing modification 

PAC/FU/0345 in accordance with the 

instructions in Pacific Aerospace Limited 

Mandatory SB No. PACSB/FU/094 issue1 

dated 14 August 2008 * * * 

The MCAI requires replacement of the 

vertical stabilizer with a new design that 

incorporates a forward spar and is a 

failsafe structure. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Pacific Aerospace Limited has issued 

Mandatory Service Bulletin PACSB/FU/ 

094, Issue 1, dated August 14, 2008. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 

We estimate that this proposed AD 

will affect 3 products of U.S. registry. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 62717 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the basic inspection 

requirements of this proposed AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the inspection cost of the proposed AD 

on U.S. operators to be $255, or $85 per 

product. 

We also estimate that it would take 

about 10.5 work-hours and require parts 

costing $14,375 to comply with the 

replacement requirements of this 

proposed AD. 

Based on these figures, we estimate 

the replacement cost of the proposed 

AD on U.S. operators to be $45,802.50, 

or $15,267.50 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, 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 

removing Amendment 39–13473 (69 FR 

6553) and Amendment 39–15607 (73 FR 

40951); and adding the following new 

AD: 

Pacific Aerospace Limited: Docket No. FAA– 

2010–1021; Directorate Identifier 2010– 

CE–053–AD. 

Comments Due Date 

(a) We must receive comments by 

November 29, 2010. 

Affected ADs 

(b) This AD supersedes AD 2004–03–29, 

Amendment 39–13473 and AD 2008–14–12, 

Amendment 39–15607. 

Applicability 

(c) This AD applies to Pacific Aerospace 

Limited FU24–954 and FU24A–954 

airplanes, all serial numbers, certificated in 

any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

To prevent possible in-flight failure of the 

vertical stabiliser, leading to loss of control 

of the aircraft * * * 

Replace the vertical stabiliser with 

P/N 08–32005–2 by accomplishing 

modification PAC/FU/0345 in accordance 

with the instructions in Pacific Aerospace 

Limited Mandatory SB No. PACSB/FU/094 

issue1 dated 14 August 2008 * * * 

The MCAI requires replacement of the 

vertical stabilizer with a new design that 

incorporates a forward spar and is a failsafe 

structure. 

Actions and Compliance 

(f) For airplanes that have not been 

modified by installation of vertical stabilizer 

part number (P/N) 08–32005–2, do the 

following actions: 

(1) As of August 21, 2008 (the effective 

date retained from AD 2008–14–12), before 

the first flight of the day, visually inspect the 

vertical stabilizer leading edge skin and fin 

for any cracking, corrosion, scratches, dents, 

creases, 

and/or buckling and repair as necessary. All 

non-transparent protective coatings and their 

adhesive must be removed for this 

inspection. 

(2) Within 100 hours time-in-service (TIS) 

after August 21, 2008 (the effective date 

retained from AD 2008–14–12), and 

repetitively thereafter at intervals not to 

exceed 100 hours TIS, perform a detailed 

inspection of the vertical stabilizer leading 

edge skin, leading edge, fin skin, and the fin 

forward attachment point for any cracking, 

corrosion, scratches, dents, creases, and/or 

buckling to include: 

(i) Inspection of the entire leading edge 

down to the forward attach fitting and 

removal of dorsal fin extensions, if installed, 

to inspect the obscured areas of the fin. 

(ii) Inspection of the fin skin for corrosion 

and cracks, paying particular attention to the 

center rib rivet holes and the skin joint at the 

fin base. 

(iii) Inspection of the fin forward 

attachment point for corrosion, removal of 

the fin tip, and inspection of the top rib for 

cracks at the skin stiffener cut outs. 

(3) If any damage is found during any 

inspection required in paragraph (f)(1) or 

(f)(2) of this AD, before further flight, obtain 

an FAA-approved repair scheme from the 

manufacturer and incorporate that repair. 

Contact the manufacturer for the repair 

scheme by one of the methods listed in the 

Related Information section of this AD 

(4) The following transparent polyurethane 

protective tapes have been assessed as 

suitable for use to re-protect the leading edge 

and may remain in situ for subsequent 

inspections, provided they are sound and in 

a condition to permit visual inspection of the 

skin beneath them: 

Manufacturer Product 

(i) 3M ........................................................................................................ 8591, or 8671, 8672 and 8681HS (aeronautical grade). 

(ii) Scapa .................................................................................................. Aeroshield P2604 (transparent). 

Note 1: You may apply for an alternative 

method of compliance (AMOC) for an 

alternative to the transparent polyurethane 

protective tapes listed above. 

(5) Within 6 months after the effective date 

of this AD, replace the vertical stabilizer with 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
62718 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 

1Public Law 111–203 (July 21, 2010). 

2 17 CFR 229.1104 and 17 CFR 229.1121. 

3 17 CFR 229.1100 through 17 CFR 229.1123. 

P/N 08–32005–2 following Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

FU/094, Issue 1, dated August 14, 2008. 

Installation of vertical stabilizer P/N 08– 

32005–2 terminates the repetitive inspection 

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

this AD. 

(g) For airplanes that have been modified 

by installation of vertical stabilizer P/N 08– 

32005–2, do the following actions: 

(1) Within 300 hours TIS after installation 

of vertical stabilizer P/N 08–32005–2 or 

within 50 hours TIS after the effective date 

of this AD, whichever occurs later, and 

repetitively thereafter at intervals not to 

exceed 300 hours TIS, do a detailed visual 

inspection of the vertical stabilizer following 

paragraph 2.B.i) of Pacific Aerospace Limited 

Mandatory Service Bulletin PACSB/FU/094, 

Issue 1, dated August 14, 2008. 

(2) Within 3,000 hours TIS after 

installation of vertical stabilizer P/N 08– 

32005–2 or within 50 hours TIS after the 

effective date of this AD, whichever occurs 

later, and repetitively thereafter at intervals 

not to exceed 3,000 hours TIS, do an eddy 

current inspection following paragraph 

2.B.ii) of Pacific Aerospace Limited 

Mandatory Service Bulletin PACSB/FU/094, 

Issue 1, dated August 14, 2008. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

(1) The inspections required in paragraph 

(f)(1) of this AD must be performed by a 

person authorized under 14 CFR part 43 to 

perform inspections, as opposed to the 

MCAI, which allows the holder of a pilot 

license to perform the inspections. 

(2) The 50-hour inspection required in the 

MCAI is not applicable because the ‘‘before 

the first flight of the day’’ inspection captures 

the intent. 

(3) The MCAI does not require the 

inspections listed in Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

FU/094, Issue 1, dated August 14, 2008. To 

require compliance with these inspections 

for U.S. owners and operators we are 

requiring the inspections through this AD 

action. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. 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 FAA-approved 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 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Civil Aviation Authority 

of New Zealand AD DCA/FU24/178, dated 

April 30, 2009; and Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

FU/094, Issue 1, dated August 14, 2008, for 

related information. For service information 

contact Pacific Aerospace Limited, Hamilton 

Airport, Private Bag HN3027, Hamilton, New 

Zealand; telephone: + (64) 7–843–6144; fax + 

(64) 7–843–6134; email: 

pacific@aerospace.co.nz. 

Issued in Kansas City, Missouri, on 

October 6, 2010. 

Christina L. Marsh, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25700 Filed 10–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 229, 240, and 249 

[Release Nos. 33–9148; 34–63029; File No. 

S7–24–10] 

RIN 3235–AK75 

Disclosure for Asset-Backed Securities 

Required by Section 943 of the DoddFrank Wall Street Reform and 

Consumer Protection Act 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: Pursuant to Section 943 of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act 1 we are 

proposing rules related to 

representations and warranties in assetbacked securities offerings. Our 

proposals would require securitizers of 

asset-backed securities to disclose 

fulfilled and unfulfilled repurchase 

requests across all transactions. Our 

proposals would also require nationally 

recognized statistical rating 

organizations to include information 

regarding the representations, 

warranties and enforcement 

mechanisms available to investors in an 

asset-backed securities offering in any 

report accompanying a credit rating 

issued in connection with such 

offerings, including a preliminary credit 

rating. 

DATES: Comments should be received on 

or before November 15, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); 

• Send an e-mail to 

rule-comments@sec.gov. Please include 

File Number S7–24–10 on the subject 

line; or 

• Use the Federal Rulemaking Portal 

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

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–24–10. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/ 

proposed.shtml). Comments are also 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. All comments received 

will be posted without change; we do 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Rolaine Bancroft, Attorney-Advisor, in 

the Office of Rulemaking, at (202) 551– 

3430, Division of Corporation Finance, 

U.S. Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–3628 or, with 

respect to proposed Rule 17g–7, Joseph 

I. Levinson, Special Counsel, at (202) 

551–5598; Division of Trading and 

Markets, U.S. Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–3628. 

SUPPLEMENTARY INFORMATION: We are 

proposing amendments to Items 1104 

and 1121 2 of Regulation AB3 (a subpart 


jlentini on DSKJ8SOYB1PROD with PROPOSALS