Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Proposed Rules 30573 

independent trust Federal savings 

associations with fiduciary and related 

assets in excess of $1 billion. * * * 

(iii) Surcharge based on the condition 

of the bank or of the Federal savings 

association. * * * 

(2) Trust banks affiliated with fullservice national banks and trust Federal 

savings associations affiliated with fullservice Federal savings associations. 

The OCC will assess a trust bank and a 

trust Federal savings association in 

accordance with paragraph (c)(1) of this 

section, notwithstanding that the bank 

is affiliated with a full-service national 

bank, or that the Federal savings 

association is affiliated with a fullservice Federal savings association, if 

the OCC concludes that the affiliation is 

intended to evade the assessment 

regulation. 

(3) * * * 

(ii) Affiliate, with respect to Federal 

savings associations, has the same 

meaning as in 12 U.S.C. 1462(9). 

* * * * * 

(iv) Full-service Federal savings 

association is a Federal savings 

association that generates more than 

50% of its interest and non-interest 

income from activities other than credit 

card operations or trust activities and is 

authorized according to its charter to 

engage in all types of activities 

permissible for Federal savings 

associations. 

* * * * * 

(vi) Independent trust Federal savings 

association is a Federal savings 

association that has trust powers, does 

not primarily offer full-service banking, 

and is not affiliated with a full-service 

Federal savings association; 

(vii) Fiduciary and related assets for 

national banks are those assets reported 

on Schedule RC–T of FFIEC Forms 031 

and 041, Line 10 (columns A and B) and 

Line 11 (column B), any successor form 

issued by the FFIEC, and any other 

fiduciary and related assets defined in 

the Notice of Comptroller of the 

Currency Fees; and 

(viii) Fiduciary and related assets for 

Federal savings associations are those 

assets reported on Schedule FS of OTS 

Form 1313, Line FS21, any successor 

form issued by the OTS, and any other 

fiduciary and related assets defined in 

the Notice of Comptroller of the 

Currency Fees. 

42. Effective December 31, 2011, add 

the word ‘‘and’’ at the end of paragraph 

(vi), revise paragraph (c)(3)(vii) to read 

as follows, and remove paragraph 

(c)(3)(viii). 

§ 8.6 Fees for special examinations and 

investigations. 

* * * * * 

(c) * * * 

(3) * * * 

(vii) Fiduciary and related assets are 

those assets reported on Schedule RC– 

T of FFIEC Forms 031 and 041, Line 10 

(columns A and B) and Line 11 (column 

B), any successor form issued by the 

FFIEC, and any other fiduciary and 

related assets defined in the Notice of 

Comptroller of the Currency Fees. 

§ 8.7 [Amended] 

43. Amend § 8.7. paragraph (a), by 

removing ‘‘and’’ after ‘‘Federal branch’’; 

adding ‘‘, and each Federal savings 

association’’ after ‘‘each Federal agency’’; 

and adding ‘‘, each Federal savings 

association,’’ after ‘‘each national bank’’. 

PART 28—INTERNATIONAL BANKING 

ACTIVITIES 

44a. The authority citation for part 28 

continues to read as follows: 

Authority: 12 U.S.C. 1 et seq., 24 (Seventh), 

93a, 161, 602, 1818, 3101 et seq., and 3901 

et seq. 

§ 28.16 [Amended] 

44b. Section 28.16 is amended by 

removing in paragraph (b) the term 

‘‘$100,000’’ and adding in its place ‘‘the 

standard maximum deposit insurance 

amount as defined in 12 U.S.C. 

1821(a)(1)(E)’’. 

PART 34—REAL ESTATE LENDING 

AND APPRAISALS 

45. The authority citation for part 34 

is revised to read as follows: 

Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 

371, 1465, 1701j–3, 1828(o), 3331 et seq., and 

5412(b)(2)(B). 

Subpart A—General 

46. Amend § 34.4 by: 

a. Revising paragraph (a) introductory 

text; 

b. Revising paragraph (b) introductory 

text; and 

c. Revising paragraph (b)(9). 

The revisions read as follows: 

§ 34.4 Applicability of state law. 

(a) A national bank may make real 

estate loans under 12 U.S.C. 371 and 

§ 34.3, without regard to state law 

limitations concerning: 

* * * * * 

(b) State laws on the following 

subjects are not inconsistent with the 

real estate lending powers of national 

banks and apply to national banks to the 

extent consistent with the decision of 

the Supreme Court in Barnett Bank of 

Marion County, N.A. v. Nelson, Florida 

Insurance Commissioner, et al., 517 U.S. 

25 (1996): 

* * * * * 

(9) Any other law that the OCC 

determines to be applicable to national 

banks in accordance with the decision 

of the Supreme Court in Barnett Bank of 

Marion County, N.A. v. Nelson, Florida 

Insurance Commissioner, et al., 517 U.S. 

25 (1996), or that is made applicable by 

Federal law. 

47. Add § 34.6 to subpart A to read as 

follows: 

§ 34.6 Applicability of state law to Federal 

savings associations and subsidiaries. 

In accordance with section 1046 of 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (12 U.S.C. 

25b), state laws apply to Federal savings 

associations and their subsidiaries to the 

same extent and in the same manner 

that those laws apply to national banks 

and their subsidiaries. 

Dated: May 19, 2011. 

John Walsh, 

Acting Comptroller of the Currency. 

[FR Doc. 2011–12859 Filed 5–25–11; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0278; Directorate 

Identifier 2010–NE–10–AD] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company (GE) GE90–110B1 

and GE90–115B Turbofan Engines 

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, with certain part 

number (P/N) high-pressure compressor 

(HPC) stages 2–5 spools installed. This 

proposed AD would require eddy 

current inspection (ECI) or spot 

fluorescent penetrant inspection (FPI) of 

the stages 1–2 rotating seal teeth of the 

HPC stages 2–5 spool for cracks and 

would prohibit installation of HPC 

stator stage 1 interstage seals that are not 

pregrooved to prevent heavy rubs. This 

proposed AD was prompted by an 

aborted takeoff and two shop findings of 

cracks in the stages 1–2 rotating seal 

teeth. We are proposing this AD to 

detect cracks in the HPC stages 1–2 

rotating seal teeth due to heavy rubs, 

which could result in failure of the 

stages 1–2 rotating seal of the HPC 


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30574 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Proposed Rules 

stages 2–5 spool, uncontained engine 

failure, and damage to the airplane. 

DATES: We must receive any comments 

on this proposed AD by July 11, 2011. 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact General 

Electric, GE-Aviation, Room 285, 1 

Newman Way, Cincinnati, Ohio 45215; 

e-mail: geae.aoc@ge.com; phone: 513– 

552–3272; fax: 513–552–3329. You may 

review copies of the referenced service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

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: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7747; fax: 781–238– 

7199; e-mail: jason.yang@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us 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– 

2011–0278; Directorate Identifier 2010– 

NE–10–AD’’ in the subject line 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 the 

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 

We received a report of an engine 

failure caused by the liberation of a 

portion of the HPC stages 1–2 rotating 

seal teeth, and subsequent reports of 

HPC stages 1–2 rotating seal teeth 

cracks, due to heavy rubs, found in 

engines in the shop. The heavy rubs are 

due to insufficient clearance between 

the rotating seal teeth and the abradable 

coating on the static seal. This proposed 

AD would require ECI or spot FPI of the 

stages 1–2 rotating seal teeth of the HPC 

stages 2–5 spool for cracks, and would 

prohibit installation of HPC stator stage 

1 interstage seals that are not 

pregrooved in order to prevent heavy 

rubs. This condition, if not corrected, 

could result in failure of the stages 1– 

2 rotating seal of the HPC stages 2–5 

spool, uncontained engine failure, and 

damage to the airplane. 

Relevant Service Information 

We reviewed GE Service Bulletin (SB) 

GE90–100 S/B 72–0320, Revision 02, 

dated October 1, 2010. That service 

information describes procedures for 

inspecting the stages 1–2 seal teeth for 

cracks. 

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 on 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. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 19 GE90–110B1 and GE90– 

115B engines installed on airplanes of 

U.S. registry. We also estimate that it 

would take about 2 work-hours per 

engine to perform the proposed actions, 

and that the average labor rate is $85 per 

work-hour. Required parts would cost 

about $9,857 per engine. Based on these 

figures, we estimate the total cost of the 

proposed AD to U.S. operators to be 

$190,513. 

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 that the 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: 


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Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Proposed Rules 30575 

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): 

General Electric Company: Docket No. FAA– 

2011–0278; Directorate Identifier 2010– 

NE–10–AD. 

Comments Due Date 

(a) We must receive comments by July 11, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) GE90–110B1 and GE90–115B 

turbofan engines with high-pressure 

compressor (HPC) stages 2–5 spools, part 

numbers (P/Ns) 351–103–106–0, 351–103– 

107–0, 351–103–108–0, 351–103–109–0, 

351–103–141–0, 351–103–142–0, 351–103– 

143–0 and 351–103–144–0, installed. 

Unsafe Condition 

(d) This AD was prompted by an aborted 

takeoff and two shop findings of cracks in the 

stages 1–2 rotating seal teeth. We are issuing 

this AD to detect cracks in the HPC stages 1– 

2 rotating seal teeth due to heavy rubs, which 

could result in failure of the stages 1–2 

rotating seal of the HPC stages 2–5 spool, 

uncontained engine failure, and damage to 

the airplane. 

Compliance 

(e) Comply with this AD when the HPC 

forward case half is removed from the engine 

after the effective date of this AD, unless the 

actions have already been done. 

Inspection 

(f) Perform an eddy current inspection or 

a fluorescent penetrant inspection of the 

stage 1–2 seal teeth using paragraphs 3.B. or 

3.C. of GE Service Bulletin (SB) GE90–100 S/ 

B 72–0320, Revision 02, dated October 1, 

2010. 

Disposition of Spools with Cracked Seal 

Teeth 

(g) If you find cracks, remove the HPC 

stages 2–5 spool from service. 

Previous Credit 

(h) An inspection performed before the 

effective date of this AD using SB GE90–100 

S/B 72–0320 Revision 01, dated May 11, 

2010, or earlier revision, satisfies the 

inspection requirement of this AD. 

Installation Prohibition 

(i) After the effective date of this AD, do 

not install any HPC forward case unless it 

has an HPC stator stage 1 interstage seals, P/ 

N 351–109–503–0. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, Engine Certification 

Office, has the authority to approve AMOCs 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(k) Contact Jason Yang, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7747; fax: 781–238– 

7199; e-mail: jason.yang@faa.gov, for more 

information about this AD. 

(l) GE Service Bulletin GE90–100 S/B 72– 

0320, Revision 02, dated October 1, 2010, 

pertain to the subject of this AD. Contact 

General Electric, GE–Aviation, Room 285, 1 

Newman Way, Cincinnati, Ohio 45215; email: geae.aoc@ge.com; phone: 513–552– 

3272; fax: 513–552–3329, for a copy of this 

service information. 

Issued in Burlington, Massachusetts, on 

May 20, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–13013 Filed 5–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0558] 

RIN 1625–AA08 

Eleventh Coast Guard District Annual 

Marine Events 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

clarify the verbiage in the list of marine 

events occurring annually within the 

Eleventh Coast Guard District. This 

supplemental notice of proposed 

rulemaking changes the proposed 

regulation by changing the dates of two 

of the proposed special local regulations 

and adds clarifying language to the 

proposed regulation within San Diego 

Captain of the Port zone. When these 

special local regulations are activated, 

and thus subject to enforcement, this 

rule would enable vessel movement 

restrictions in the regulated area. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 27, 2011. Requests for 

public meetings must be received by the 

Coast Guard on or before June 15, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0558 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant Lucas 

Mancini, Eleventh Coast Guard District 

Prevention Division, Waterways 

Management Branch, Coast Guard; 

telephone 510–437–3801, e-mail 

Lucas.W.Mancini@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0558), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 


srobinson on DSK4SPTVN1PROD with PROPOSALS