39582 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 

actions required by the Secretary (unless 

otherwise provided in applicable 

agreements). Except as provided in 

§ 609.15, no party may waive or 

relinquish, without the consent of the 

Secretary, any collateral securing the 

Guaranteed Obligation to which the 

United States would be subrogated upon 

payment under the Loan Guarantee 

Agreement. 

(b) In the event of a default, the 

Secretary may enter into such contracts 

as the Secretary determines are required 

to preserve the collateral. The cost of 

such contracts may be charged to the 

Borrower. 

§ 609.17 Audit and Access to Records. 

(a) The Loan Guarantee Agreement 

and related documents shall provide 

that: 

(1) The Eligible Lender, or DOE in 

conjunction with the Federal Financing 

Bank where loans are funded by the 

Federal Financing Bank or other Holder 

or other party servicing the Guaranteed 

Obligations, as applicable, and the 

Borrower, shall keep such records 

concerning the project as is necessary, 

including the Pre-Application, 

Application, Term Sheet, Conditional 

Commitment, Loan Guarantee 

Agreement, Credit Agreement, mortgage, 

note, disbursement requests and 

supporting documentation, financial 

statements, audit reports of independent 

accounting firms, lists of all project 

assets and non-project assets pledged as 

security for the Guaranteed Obligations, 

all off-take and other revenue producing 

agreements, documentation for all 

project indebtedness, income tax 

returns, technology agreements, 

documentation for all permits and 

regulatory approvals and all other 

documents and records relating to the 

Eligible Project, as determined by the 

Secretary, to facilitate an effective audit 

and performance evaluation of the 

project; and 

(2) The Secretary and the Comptroller 

General, or their duly authorized 

representatives, shall have access, for 

the purpose of audit and examination, 

to any pertinent books, documents, 

papers and records of the Borrower, 

Eligible Lender or DOE or other Holder 

or other party servicing the Guaranteed 

Obligation, as applicable. Such 

inspection may be made during regular 

office hours of the Borrower, Eligible 

Lender or DOE or other Holder, or other 

party servicing the Eligible Project and 

the Guaranteed Obligations, as 

applicable, or at any other time 

mutually convenient. 

(b) The Secretary may from time to 

time audit any or all items of costs 

included as Project Costs in statements 

or certificates submitted to the Secretary 

or the servicer or otherwise, and may 

exclude or reduce the amount of any 

item which the Secretary determines to 

be unnecessary or excessive, or 

otherwise not to be an item of Project 

Costs. The Borrower will make available 

to the Secretary all books and records 

and other data available to the Borrower 

in order to permit the Secretary to carry 

out such audits. The Borrower should 

represent that it has within its rights 

access to all financial and operational 

records and data relating to Project 

Costs, and agrees that it will, upon 

request by the Secretary, exercise such 

rights in order to make such financial 

and operational records and data 

available to the Secretary. In exercising 

its rights hereunder, the Secretary may 

utilize employees of other Federal 

agencies, independent accountants, or 

other persons. 

§ 609.18 Deviations. 

To the extent that such requirements 

are not specified by the Act or other 

applicable statutes, DOE may authorize 

deviations on an individual request 

basis from the requirements of this part 

upon a finding that such deviation is 

essential to program objectives and the 

special circumstances stated in the 

request make such deviation clearly in 

the best interest of the Government. 

DOE will consult with OMB and the 

Secretary of the Treasury before DOE 

grants any deviation that would 

constitute a substantial change in the 

financial terms of the Loan Guarantee 

Agreement and related documents. Any 

deviation, however, that was not 

captured in the Credit Subsidy Cost will 

require either additional fees or 

discretionary appropriations. A 

recommendation for any deviation shall 

be submitted in writing to DOE. Such 

recommendation must include a 

supporting statement, which indicates 

briefly the nature of the deviation 

requested and the reasons in support 

thereof. 

[FR Doc. E9–18810 Filed 8–6–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0317; Directorate 

Identifier 79–ANE–18] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney JT8D–7, –7A, –7B, –9, –9A, 

–11, –15, and –17 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for Pratt & Whitney 

JT8D–1, –1A, –1B, –7, –7A, –7B, –9, 

–9A, –11, –15, and –17 turbofan engines 

with 2nd stage fan blades, part number 

(P/N) 433802, 645902, 759902, 695932, 

678102, or 746402 installed. That AD 

currently requires initial and repetitive 

ultrasonic inspection (UI) and 

fluorescent penetrant inspection (FPI) of 

those P/N 2nd stage fan blades. This 

proposed AD would replace the 

required FPI with eddy current 

inspection (ECI) on all affected 2nd 

stage fan blades and would maintain the 

requirement of ultrasonic inspection 

(UI) of the blade root attachment on 

some of the affected 2nd stage fan 

blades. This proposed AD would also 

introduce an optional terminating action 

to the repetitive blade inspections for 

certain engine models. This proposed 

AD results from reports of 10 fractures 

of 2nd stage fan blades since AD 87–14– 

01R1 became effective. We are 

proposing this AD to prevent 

uncontained failure of 2nd stage fan 

blades, which could result in damage to 

the airplane. 

DATES: We must receive any comments 

on this proposed AD by October 6, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 39583 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dickert, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2009–0317; Directorate Identifier 79– 

ANE–18’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light 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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

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 the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

The FAA proposes to amend 14 CFR 

part 39 by superseding AD 87–14–01 

R1, Amendment 39–6359 (54 FR 43954, 

October 30, 1989). That AD requires 

initial and repetitive UI and FPI of P/N 

433802, 645902, 759902, 695932, 

678102, and 746402 2nd stage fan 

blades. That AD was the result of 

reports of on-going fractures of 2nd 

stage fan blades since 1980. That 

condition, if not corrected, could result 

in uncontained failure of 2nd stage fan 

blades, which could result in damage to 

the airplane. 

Actions Since AD 87–14–01 R1 Was 

Issued 

Since AD 87–14–01 R1 was issued, 

Pratt & Whitney has developed and 

published an ECI procedure for 

inspecting the 2nd stage fan blade pinroot holes. We have reviewed this 

procedure and determined that 

mandating this ECI procedure will 

result in an increased level of safety for 

the affected engines. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. For that reason, we are 

proposing this AD, which would 

require, for 2nd stage fan blades P/Ns 

678102 and 746402, an ECI of the blade 

pin-root holes for cracks, and for 2nd 

stage fan blades P/Ns 433802, 645902, 

759902, and 695932, an ECI of the blade 

pin-root holes and UI the blade root 

attachment for cracks. This proposed 

AD would also eliminate the JT8D–1, 

–1A, and –1B engines from the 

applicability, because those engine 

models have either been converted to 

other affected engine models included 

in the proposed AD or retired from 

service. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,380 engines installed on 

airplanes of U.S. registry. We also 

estimate that it would take about 25 

work-hours per engine to perform one 

inspection cycle, and that the average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the total 

cost of the proposed AD to U.S. 

operators to be $2,760,000. 

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 have 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 AD: 

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. Would 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. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration 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 39–6359 (54 FR 

43954, October 30, 1989) and by adding 

a new airworthiness directive to read as 

follows: 

Pratt & Whitney: Docket No. FAA–2009– 

0317; Directorate Identifier 79–ANE–18. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 


pwalker on DSK8KYBLC1PROD with PROPOSALS
39584 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 

airworthiness directive (AD) action by 

October 6, 2009. 

Affected ADs 

(b) This AD supersedes AD 87–14–01 R1, 

Amendment 39–6359. 

Applicability 

(c) This AD applies to Pratt & Whitney 

JT8D–7, –7A, –7B, –9, –9A, –11, –15, and –17 

turbofan engines, with 2nd stage fan blades, 

part number (P/N) 433802, 645902, 759902, 

695932, 678102, or 746402, installed. These 

engines are installed on, but not limited to, 

Boeing 727, 737, and McDonnell Douglas 

DC–9 series airplanes. 

Unsafe Condition 

(d) This AD results from reports of 10 

fractures of 2nd stage fan blades since AD 

87–14–01R1 became effective. We are issuing 

this AD to prevent uncontained failure of 2nd 

stage fan blades, which could result in 

damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

2nd Stage Fan Blade Inspections 

(f) For 2nd stage fan blades, P/N 678102 

and P/N 746402, perform an eddy current 

inspection (ECI) of the blade pin-root holes 

for cracks, and for 2nd stage fan blades, 

P/Ns 433802, 645902, 759902, and 695932, 

perform an ECI of the blade pin-root holes 

and perform an ultrasonic inspection (UI) of 

the blade root attachment for cracks, as 

follows: 

(1) Perform an inspection at the first 

disassembly of the 2nd stage fan rotor from 

the low-pressure (LP) compressor after 

accumulation of 3,000 cycles-in-service (CIS) 

since the last inspection of the blade root 

attachment, not to exceed 10,000 CIS since 

last inspection. 

(2) If the 2nd stage fan blades were new at 

their last installation onto the 2nd stage fan 

disk, inspect at the first disassembly of the 

2nd stage fan rotor from the LP compressor 

after accumulating 3,000 cycles-since-new 

(CSN), not to exceed 10,000 CSN. 

(3) Thereafter, inspect the 2nd stage fan 

blades at each disassembly of the 2nd stage 

fan rotor from the LP compressor after 

accumulating 3,000 CIS, not to exceed 10,000 

CIS since the last inspection. 

(4) Guidance on performing ECIs and UIs 

of the 2nd stage fan blade pin-root holes and 

blade root attachments can be found in Pratt 

& Whitney Maintenance Advisory Notice 

MAN–JT8D–1–08. 

(5) Remove from service before further 

flight any 2nd stage fan blades that are found 

cracked. 

Optional Terminating Action 

(g) For JT8D–9, –9A, –11, –15, and –17 

engines, as optional terminating action to the 

repetitive inspections required by this AD, 

replace the affected 2nd stage fan blades with 

redesigned 2nd stage fan blades using Pratt 

& Whitney Service Bulletin No. 5866, 

Revision 2, dated October 20, 1998. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 238– 

7199, for more information about this AD. 

(j) Contact Pratt & Whitney, 400 Main St., 

East Hartford, CT 06108; telephone (860) 

565–8770; fax (860) 565–4503, for a copy of 

the service information referenced in this 

AD. 

Issued in Burlington, Massachusetts, on 

August 3, 2009. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18941 Filed 8–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0277] 

RIN 1625–AA00 

Safety Zone; San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone around San 

Clemente Island in support of 

potentially hazardous military training 

and testing exercises. The existing zones 

do not sufficiently overlap potential 

danger zones and testing areas used by 

the Navy during live-fire and ocean 

research operations resulting in a delay 

or cancellation of these operations. The 

proposed safety zone would protect the 

public from hazardous, live-fire and 

testing operations and ensure operations 

proceed as scheduled. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 5, 2009. Requests 

for public meetings must be received by 

the Coast Guard on or before August 28, 

2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0277 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 Petty Officer Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@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–2009–0277), 

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 deliver, 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 

body of your document so that we can 


pwalker on DSK8KYBLC1PROD with PROPOSALS