45100 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

bearing savings deposit account as 

provided in § 370.4(c). 

(2) Beginning on January 1, 2010, each 

participating entity that does not opt out 

of the transaction account guarantee 

program in accordance with 

§ 370.5(c)(2) shall pay quarterly a fee 

based upon its Risk Category rating. An 

entity’s Risk Category is determined in 

accordance with the FDIC’s risk-based 

premium system described in 12 CFR 

Part 327. The amount of the fee for each 

such entity is equal to the annualized, 

TAG assessment rate for the entity 

multiplied by the amount of the 

deposits held in noninterest-bearing 

transaction accounts (as defined in 

§ 370.2(h) and including any amounts 

swept from a noninterest bearing 

transaction account into an noninterest 

bearing savings deposit account as 

provided in § 370.4(c)) that exceed the 

existing deposit insurance limit of 

$250,000, as reported on the entity’s 

most recent quarterly Call Report. The 

annualized TAG assessment rates are as 

follows: 

(i) 15 basis points, for the portion of 

each quarter in which the entity is 

assigned to Risk Category I; 

(ii) 20 basis points, for the portion of 

each quarter in which the entity is 

assigned to Risk Category II; and 

(iii) 25 basis points, for the portion of 

each quarter in which the entity is 

assigned to either Risk Category III or 

Risk Category IV. 

(3) The assessments provided in this 

paragraph (c) shall be in addition to an 

institution’s risk-based assessment 

imposed under Part 327. 

* * * * * 

By order of the Board of Directors. 

Dated at Washington, DC, this 26th day of 

August 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–21034 Filed 8–31–09; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE294; Special Conditions No. 

23–234–SC] 

Special Conditions: Cessna Aircraft 

Company, Model 525C; Single Point 

Refuel/Defuel System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Cessna Aircraft Company, 

model 525C airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with a Single Point 

Refuel/Defuel system. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Effective Date: August 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Kansas City, 

Missouri, 816–329–4135, fax 816–329 

4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 9, 2006, Cessna Aircraft 

Company applied for an amendment to 

Type Certificate Number A1WI to 

include the new model 525C (CJ4). The 

model 525C (CJ4), which is a derivative 

of the model 525B (CJ3) currently 

approved under Type Certificate 

Number A1WI, is a commuter category, 

low-winged monoplane with ‘‘T’’ tailed 

vertical and horizontal stabilizers, 

retractable tricycle type landing gear 

and twin turbofan engines mounted on 

the aircraft fuselage. The maximum 

takeoff weight is 16,650 pounds, the 

VMO/MMO is 305 KIAS/M 0.77 and 

maximum altitude is 45,000 feet. 

The model 525C fuel system will 

incorporate a Single Point Refuel/Defuel 

system. The model 525C Single Point 

Refuel/Defuel system is used to pressure 

refuel and defuel the left and right wing 

fuel tanks from a single refuel/defuel 

adapter. The system is operated by fuel 

level and positive refuel or negative 

defuel pressure. This system is similar 

in design to other part 25 Cessna 

Citation airplanes and uses many of the 

same components that are used in these 

other airplanes. The components for the 

model 525C refuel/defuel system 

include a refuel/defuel adapter, a 

precheck valve, various other check 

valves, a high level pilot valve, a refuel 

valve, a defuel valve, and a positive/ 

negative relief valve. Single point 

refueling is accomplished by connecting 

the refuel equipment to the refuel/ 

defuel adapter and applying positive 

pressure. Fuel is directed through a 

common manifold to each wing tank’s 

fuel shutoff (refuel) valve. Single point 

defueling is accomplished by 

connecting defuel equipment to the 

refuel/defuel adapter and applying 

negative pressure. Defueling is 

controlled by fuel level and negative 

pressure from the defuel equipment. 

The incorporation of a pressure 

defueling system was not considered 

when 14 CFR part 23 was created and 

there are no applicable certification 

requirements for this novel and unusual 

design feature. Pressure defueling 

systems are more common on part 25 

airplanes, and the applicable 

certification requirements are contained 

in 14 CFR part 25, § 25.979(e), which 

states: ‘‘The airplane defueling system 

(not including fuel tanks and fuel tank 

vents) must withstand an ultimate load 

that is 2.0 times the load arising from 

the maximum permissible defueling 

pressure (positive or negative) at the 

airplane fueling connection.’’ With the 

pressure defueling system design 

incorporated on the model 525C, it is 

necessary to apply a special condition to 

this novel and unusual design feature. 

Type Certification Basis 

Under the provisions of § 21.101, 

Cessna Aircraft Company must show 

that the model 525C meets the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate Number A1WI or the 

applicable regulations in effect on the 

date of application for the change to the 

model 525B. The regulations 

incorporated by reference in the type 

certificate are commonly referred to as 

the ‘‘original type certification basis.’’ In 

addition, the certification basis includes 

exemptions, if any; equivalent level of 

safety findings, if any; and the special 

condition adopted by this rulemaking 

action. 

If the Administrator finds that the 

applicable airworthiness regulations in 

14 CFR part 23 do not contain adequate 

or appropriate safety standards for the 

model 525C because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the model 525C must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. 

Special conditions, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38, and become 

part of the type certification basis in 

accordance with § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45101 

1The Commission voted 3–0–1 to publish this 

interim final rule, with changes, in the Federal 

Register. Chairman Inez M. Tenenbaum and 

Commissioners Thomas H. Moore and Robert Adler 

voted to publish the notice with changes. 

Commissioner Anne Northup abstained from the 

voting. Commissioner Nancy Nord voted not to 

approve the publication. Chairman Tenenbaum and 

Commissioners Moore, Northup, and Nord issued 

statements, and their statements can be found at 

http://www.cpsc.gov/about/cpsia/sect217.html. 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under the provisions of § 21.101. 

Novel or Unusual Design Features 

The model 525C will incorporate the 

following novel or unusual design 

features: A single point refuel/defuel 

system. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–09–01–SC for the Cessna 

Aircraft Company, model 525C 

airplanes was published in the Federal 

Register on April 15, 2009 (74 FR 

17438). No comments were received, 

and the special conditions are adopted 

as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the model 

525C. Should Cessna Aircraft Company 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Cessna Aircraft 

Company, Model 525C is imminent, the 

FAA finds that good cause exists to 

make these special conditions effective 

upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Cessna Aircraft 

Company, model 525C airplanes. 

1. SC25.979(e) 

The airplane defueling system (not 

including fuel tanks and fuel tank vents) 

must withstand an ultimate load that is 

2.0 times the load arising from the 

maximum permissible defueling 

pressure (positive or negative) at the 

airplane fueling connection. 

Issued in Kansas City, Missouri, on August 

20, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21056 Filed 8–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1119 

Civil Penalty Factors 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Interim final interpretative rule. 

SUMMARY: The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’), 

requires the Consumer Product Safety 

Commission (‘‘Commission’’) to issue a 

final rule providing its interpretation of 

the civil penalty factors found in the 

Consumer Product Safety Act (‘‘CPSA’’), 

the Federal Hazardous Substances Act 

(‘‘FHSA’’), and the Flammable Fabrics 

Act (‘‘FFA’’), as amended by section 217 

of the CPSIA. These statutory provisions 

require the Commission to consider 

certain factors in determining the 

amount of any civil penalty. The 

Commission is issuing its interpretation 

of the statutory factors. 

DATES: This rule is effective September 

1, 2009. Comments must be received 

October 1, 2009. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2009– 

0068, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written comments in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rule. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melissa V. Hampshire, Attorney, 

Division of Enforcement and 

Information, Office of the General 

Counsel at 301–504–7631, 

mhampshire@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The CPSIA specifies that the 

Commission, by August 14, 2009, must 

issue a final regulation providing its 

interpretation of civil penalty factors in 

section 20(b) of the CPSA, section 

5(c)(3) of the FHSA, and section 5(e)(2) 

of the FFA.1 This rule interprets the 

factors in section 20(b) of the CPSA, 

section 5(c)(3) of the FHSA and section 

5(e)(2) of the FFA, and describes other 

factors the Commission may consider in 

evaluating the amount of a civil penalty 

to be sought for knowing violations of 

the prohibited acts found in section 19 

of the CPSA, section 4 of the FHSA, and 

section 5 of the FFA. The statutory 

factors the Commission is required to 

consider in determining the amount of 

a civil penalty to seek are: The nature, 

circumstances, extent and gravity of the 

violation, including the nature of the 

product defect, the severity of the risk 

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