Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51813 

§ 201.3 Extensions of credit generally. 

* * * * * 

(e) Credit ratings for Term AssetBacked Securities Loan Facility (TALF). 

(1) If the Board requires that a TALF 

advance, discount, or other extension of 

credit be against collateral (other than 

commercial mortgage-backed securities) 

that is rated by one or more credit rating 

agencies, the Federal Reserve Bank of 

New York may accept the ratings of any 

credit rating agency that: 

(i) Is registered with the Securities 

and Exchange Commission as a 

Nationally Recognized Statistical Rating 

Organization for issuers of asset-backed 

securities; 

(ii) Has a current and publicly 

available rating methodology specific to 

asset-backed securities in the particular 

TALF asset sector (as defined in the 

TALF haircut schedule) for which it 

wishes its ratings to be accepted; and 

(iii) Demonstrates that it has sufficient 

experience to provide credit ratings that 

would assist in the Federal Reserve 

Bank of New York’s risk assessment on 

the most senior classes of newly issued 

asset-backed securities in the particular 

TALF asset sector by having made 

public or made available to a paying 

subscriber base, since September 30, 

2006, ratings on at least ten transactions 

denominated in U.S. dollars within the 

particular category to which the 

particular TALF asset sector is assigned 

as set out below— 

(A) Category 1—auto, floorplan, and 

equipment TALF sectors; 

(B) Category 2—credit card and 

insurance premium finance TALF 

sectors; 

(C) Category 3—mortgage servicing 

advances TALF sector; and 

(D) Category 4—student loans TALF 

sector. 

(2) For purposes of the requirement in 

paragraph (e)(1)(iii) of this section, 

ratings on residential mortgage-backed 

securities may be included in Category 

3 (servicer advances). 

(3) The Federal Reserve Bank of New 

York may in its discretion review at any 

time the eligibility of a credit rating 

agency to rate one or more types of 

assets being offered as collateral. 

(4) Process. 

(i) Credit rating agencies that wish to 

have their ratings accepted for TALF 

transactions should send a written 

notice to the Credit, Investment, and 

Payment Risk group of the Federal 

Reserve Bank of New York including 

information on the factors listed in 

paragraph (e)(1) of this section with 

respect to each TALF asset sector for 

which they wish their ratings to be 

accepted. 

(ii) The Federal Reserve Bank of New 

York will notify the submitter within 5 

business days of receipt of a submission 

whether additional information needs to 

be submitted. 

(iii) Within 5 business days of receipt 

of all necessary information to evaluate 

a credit rating agency pursuant to the 

factors set out in paragraph (e)(1) of this 

section, the Federal Reserve Bank of 

New York will notify the credit rating 

agency regarding its eligibility. 

(5) Conditions. The Federal Reserve 

Bank of New York may accept credit 

ratings under this subsection only from 

a credit rating agency that agrees to— 

(i) Discuss with the Federal Reserve 

its views of the credit risk of any 

transaction within the TALF asset sector 

that has been submitted to TALF and 

upon which the credit rating agency is 

being or has been consulted by the 

issuer; and 

(ii) Provide any information requested 

by the Federal Reserve regarding the 

credit rating agency’s continued 

eligibility under paragraph (e)(1) of this 

section. 

By the Board of Governors of the Federal 

Reserve System, October 5, 2009. 

Jennifer J. Johnson, 

Secretary. 

[FR Doc. E9–24252 Filed 10–7–09; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM414 Special Conditions No. 

25–09–10–SC] 

Special Conditions: Boeing Model 747– 

8/–8F Series Airplanes; Design Roll 

Maneuver Requirement 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This notice proposes special 

conditions for the Boeing Model 747–8/ 

–8F airplane. This airplane will have 

novel or unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. These design features include 

an electronic flight control system that 

provides roll control of the airplane 

through pilot inputs to the flight 

computers. These proposed 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. 

Additional special conditions will be 

issued for other novel or unusual design 

features of the Boeing 747–8/–8F 

airplanes. 

DATES: Comments must be received on 

or before November 9, 2009. 

ADDRESSES: Comments on this proposal 

may be mailed in duplicate to: Federal 

Aviation Administration, Transport 

Airplane Directorate, Attention: Rules 

Docket (ANM–113), Docket No. NM414, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; or delivered in 

duplicate to the Transport Airplane 

Directorate at the above address. All 

comments must be marked Docket No. 

NM414. Comments may be inspected in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Todd Martin, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1178; 

facsimile (425) 227–1232. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The most helpful comments 

reference a specific portion of the 

special conditions, explain the reason 

for any recommended change, and 

include supporting data. We ask that 

you send us two copies of written 

comments. 

We will file in the docket all 

comments we receive as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

these proposed special conditions. The 

docket is available for public inspection 

before and after the comment closing 

date. If you wish to review the docket 

in person, go to the address in the 

ADDRESSES section of this notice 

between 7:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change the proposed special 

conditions based on comments we 

receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 


srobinson on DSKHWCL6B1PROD with PROPOSALS
51814 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 

1A nonlinearity is a situation where output does 

not change in the same proportion as input. 

will stamp the date on the postcard and 

mail it back to you. 

Background 

On November 4, 2005, The Boeing 

Company, PO Box 3707, Seattle, WA, 

98124, applied for an amendment to 

Type Certificate Number A20WE to 

include the new Model 747–8 series 

passenger airplane and the new Model 

747–8F freighter airplane. The Model 

747–8 and the Model 747–8F are 

derivatives of the 747–400 and the 747– 

400F, respectively. Both the Model 747– 

8 and the Model 747–8F are four-engine 

jet transport airplanes that will have a 

maximum takeoff weight of 975,000 

pounds and new General Electric GEnx 

–2B67 engines. The Model 747–8 will 

have two flight crew and the capacity to 

carry 660 passengers. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Boeing must show that the Model 747– 

8 and 747–8F (hereafter referred as 747– 

8/–8F series) meet the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–117, 

except for earlier amendments as agreed 

upon by the FAA. These regulations 

will be incorporated into Type 

Certificate No. A20WE after type 

certification approval of the 747–8/–8F. 

In addition, the certification basis 

includes other regulations, special 

conditions and exemptions that are not 

relevant to these proposed special 

conditions. Type Certificate No. A20WE 

will be updated to include a complete 

description of the certification basis for 

these airplanes. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the 747–8/–8F 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 747–8/–8F series 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 defined in 

§ 11.19, are issued under § 11.38, and 

become part of the type certification 

basis under § 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 or series that 

incorporates the same or similar novel 

or unusual design feature, or should any 

other model or series already included 

on the same type certificate be modified 

to incorporate the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model or series under § 21.101. 

New or Unusual Design Features 

The Boeing Model 747–8/–8F will 

incorporate the following novel or 

unusual design features: An electronic 

flight control system that provides roll 

control of the airplane through pilot 

inputs to the flight computers. 

Discussion 

The 747–8/–8F is equipped with an 

electronic flight control system that 

provides roll control of the airplane 

through pilot inputs to the flight 

computers. Current part 25 

airworthiness regulations account for 

‘‘control laws,’’ for which aileron 

deflection is proportional to control 

wheel deflection. They do not address 

any nonlinearities 1 or other effects on 

aileron and spoiler actuation that may 

be caused by electronic flight controls. 

Therefore, the FAA considers the flight 

control system to be a novel and 

unusual feature compared to those 

envisioned when current regulations 

were adopted. Since this type of system 

may affect flight loads, and therefore the 

structural capability of the airplane, 

special conditions are needed to address 

these effects. 

These proposed special conditions 

differ from current requirements in that 

the special conditions require that the 

roll maneuver result from defined 

movements of the cockpit roll control as 

opposed to defined aileron deflections. 

Also, these proposed special conditions 

require an additional load condition at 

design maneuvering speed (VA), in 

which the cockpit roll control is 

returned to neutral following the initial 

roll input. 

These proposed special conditions 

differ from similar special conditions 

applied to previous designs. These 

special conditions are limited to the roll 

axis only, whereas previous special 

conditions also included pitch and yaw 

axes. A special condition is no longer 

needed for the yaw axis because 

§ 25.351 was revised at Amendment 25– 

91 to take into account effects of an 

electronic flight control system. No 

special condition is needed for the pitch 

axis because the current requirement 

(§ 25.331(c)) is adequate. 

Applicability 

As discussed above, these proposed 

special conditions are applicable to 

Boeing Model 747–8/–8F airplanes. 

Should Boeing apply at a later date for 

a change to the type certificate to 

include another model incorporating the 

same novel or unusual design features, 

these proposed special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features of the Boeing 

Model 747–8/–8F airplanes. It is not a 

rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

Special Conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Boeing Model 747–8/–8F series 

airplanes. 

In lieu of compliance with § 25.349(a), 

the Boeing Model 747–8/–8F must 

comply with the following special 

conditions. 

The following conditions, speeds, and 

cockpit roll control motions (except as 

the motions may be limited by pilot 

effort) must be considered in 

combination with an airplane load 

factor of zero, and separately, two-thirds 

of the positive maneuvering factor used 

in design. In determining the resulting 

control surface deflections, the torsional 

flexibility of the wing must be 

considered in accordance with 

§ 25.301(b): 

(a) Conditions corresponding to 

steady rolling velocities must be 

investigated. In addition, conditions 

corresponding to maximum angular 

acceleration must be investigated. For 

the angular acceleration conditions, zero 

rolling velocity may be assumed in the 

absence of a rational time history 

investigation of the maneuver. 

(b) At VA , sudden movement of the 

cockpit roll control up to the limit is 

assumed. The position of the cockpit 

roll control must be maintained until a 

steady roll rate is achieved and then 

must be returned suddenly to the 

neutral position. 

(c) At VC , the cockpit roll control 

must be moved suddenly and 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51815 

1Section 601(a)(3) of the PAEA created section 

504 by re-designating then-existing section 3604 of 

title 39 as section 504. 

2Sections 601(a)(3), 604(a) and 1010(c)(1) of the 

PAEA renumbered section 3603 of the PRA as § 503 

and amended § 503 by, inter alia, replacing ‘‘Postal 

Rate Commission’’ with ‘‘Postal Regulatory 

Commission.’’ 

3See PRC Op. R94–1, paras. 3188–93 (refusal of 

Postal Service to comply with order compelling 

responses to interrogatories); and PRC Op. MC96– 

3 at 35 (refusal of Postal Service to comply with 

order directing it to present additional cost 

presentations). 

4See Report to Congress on the Use of 

Administrative Subpoena Authorities by Executive 

Branch Agencies and Entities, U.S. Department of 

Justice Office of Legal Policy (December 2002). 

Administrative subpoenas and their enforcement by 

courts must be specifically provided for by statute. 

Id. The PRA contains no provision for issuing 

administrative subpoenas. Section 555(d) of the 

APA provides that ‘‘[a]gency subpoenas authorized 

by law shall be issued to a party on request and, 

when required by rules of procedure, on a statement 

or showing of general relevance and reasonable 

scope of the evidence sought.’’ (Emphasis added.) 

Without further authorization by law, § 555(d) does 

not give an agency the power to issue subpoenas. 

Similarly, § 556(c)(2) authorizes presiding officers 

at agency hearings to ‘‘issue subpoenas authorized 

by law * * *.’’ (Emphasis added.) Once again, 

further authorization is needed for an agency to 

issue an administrative subpoena. Without the 

Continued 

maintained so as to achieve a roll rate 

not less than that obtained in paragraph 

(b). 

(d) At VD , the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than one third of that obtained 

in paragraph (b). 

Issued in Renton, Washington, on 

September 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24336 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Parts 3001 and 3005 

[Docket No. RM2009–12; Order No. 293] 

Subpoena Procedures 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission is proposing 

rules to address issuance of, compliance 

with, and enforcement of administrative 

subpoenas directed to the Postal 

Service. The proposed rules also 

address orders related to depositions 

and interrogatory responses. The 

Commission has developed this 

proposal in response to new statutory 

authority. It invites comments on its 

proposed approach to implementation 

of this new authority. 

DATES: Comments due November 9, 

2009. Reply comments due November 

23, 2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Background 

III. Changes Made by the PAEA 

IV. Discussion of the Proposed Rules 

V. Section-by-Section Analysis 

VI. Public Representative 

VII. Ordering Paragraphs 

I. Introduction 

This notice of proposed rulemaking is 

the latest in a series of actions being 

taken by the Postal Regulatory 

Commission (Commission) to 

implement provisions of the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3198, December 20, 2006. Section 602 of 

the PAEA amends section 504 of title 39 

of the United States Code by adding a 

new paragraph 504(f) 1 which, among 

other things, authorizes: (a) The 

issuance of subpoenas requiring officers, 

employees, agents, or contractors of the 

United States Postal Service (Postal 

Service) to appear and present 

testimony or to produce documentary or 

other evidence; and (b) the issuance of 

orders that require the taking of 

depositions and responses to written 

interrogatories by any of those same 

persons. As amended, section 504 

further authorizes the enforcement of 

subpoenas by appropriate district courts 

of the United States. See 39 U.S.C. 

504(f)(3). 

II. Background 

Prior to passage of the PAEA, the 

Commission’s authority to compel the 

production of relevant information from 

the Postal Service was limited. Section 

3603 of the Postal Reorganization Act 

(PRA) 2 gave the Commission’s 

predecessor, the Postal Rate 

Commission, the authority to 

promulgate rules and regulations and 

establish procedures, subject to chapters 5 

[Administrative Procedure] and 7 [Judicial 

Review] of * * * [the Administrative 

Procedure Act, 5 U.S.C. 101, et seq.] * * *, 

and [to] take any other action they deem 

necessary and proper to carry out their 

functions and obligations to the Government 

of the United States and the people as 

prescribed under this chapter [of the PRA]. 

Acting pursuant to these authorities, the 

Postal Rate Commission established a 

number of procedures and adopted rules 

of practice. 

Among the procedures regularly used 

by the Commission and presiding 

officers in proceedings over the years 

has been the procedure of issuing 

information requests. Such requests 

have been routinely issued to obtain 

information that supplemented, 

clarified or more fully explained 

information presented by, or positions 

taken by, the Postal Service and other 

participants in Commission 

proceedings. 

In addition, the Commission’s original 

rules of practice were codified as 39 

CFR part 3001. Rule 3 of those rules 

states that ‘‘[t]he rules of practice in this 

part are applicable to proceedings before 

the * * * Commission under the Act, 

including those which involve a hearing 

on the record before the Commission or 

its designated presiding officer.’’ Several 

rules govern discovery in Commission 

proceedings: Rule 25 (Discovery— 

general policy); rule 26 (Interrogatories 

for the purpose of discovery); rule 27 

(Requests for production of documents 

or things for purpose of discovery); and 

rule 28 (Requests for admission for 

purpose of discovery). 

Prior to passage of the PAEA, there 

were occasions on which the 

Commission and the Postal Service 

could not agree on whether certain 

information requested by the 

Commission had to be produced. While 

in most cases the Commission and the 

Postal Service were able to resolve their 

disagreements in a mutually satisfactory 

manner, there were cases in which 

disagreements proved to be 

irreconcilable. In those instances, the 

Postal Service’s refusal to provide 

information delayed and complicated 

the Commission’s ability to carry out its 

duties.3 The Postal Service’s refusal to 

provide the requested information 

forced the Commission to rely upon 

alternate and less desirable information 

in order to carry out its statutory 

responsibilities. 

The Commission’s inability to obtain 

the specific information it had requested 

in those cases was ultimately due to the 

fact that the Commission could not 

enforce its orders. Neither the PRA, nor 

the Administrative Procedure Act 

(APA), authorized the Commission to 

seek a court order directing production 

of the requested information. 

The typical mechanism for enabling 

an administrative agency to compel 

production of information is the 

judicially enforceable administrative 

subpoena.4 Without the authority to 


srobinson on DSKHWCL6B1PROD with PROPOSALS