Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27487 

of the obligations outstanding on the 

date of receivership less any payments 

of principal received by the investors to 

the date of repudiation. Upon receipt of 

such payment, the investor’s lien on the 

financial assets shall be released. 

(e) Consent to certain actions. During 

the stay period imposed by 12 U.S.C. 

1821(e)(13)(C), and during the periods 

specified in paragraph (d)(4)(i) of this 

section prior to any payment of damages 

or consent pursuant to 12 U.S.C. 

1821(e)(13)(C) to the exercise of any 

contractual rights, the FDIC as 

conservator or receiver of the sponsor 

consents to the making of required 

payments to the investors in accordance 

with the securitization documents, 

except for provisions that take effect 

upon the appointment of the receiver or 

conservator, and to any servicing 

activity required in furtherance of the 

securitization (subject to the FDIC’s 

rights to repudiate such agreements) 

with respect to the financial assets 

included in securitizations that meet the 

requirements applicable to that 

securitization as set forth in paragraphs 

(b) and (c) of this section. 

(f) Notice for consent. Any party 

requesting the FDIC’s consent as 

conservator or receiver under 12 U.S.C. 

1821(e)(13)(C) pursuant to paragraph 

(d)(4)(i) of this section shall provide 

notice to the Deputy Director, Division 

of Resolutions and Receiverships, 

Federal Deposit Insurance Corporation, 

550 17th Street, NW., F–7076, 

Washington DC 20429–0002, and a 

statement of the basis upon which such 

request is made, and copies of all 

documentation supporting such request, 

including without limitation a copy of 

the applicable agreements and of any 

applicable notices under the contract. 

(g) Contemporaneous requirement. 

The FDIC will not seek to avoid an 

otherwise legally enforceable agreement 

that is executed by an insured 

depository institution in connection 

with a securitization or in the form of 

a participation solely because the 

agreement does not meet the 

‘‘contemporaneous’’ requirement of 12 

U.S.C. 1821(d)(9), 1821(n)(4)(I), or 

1823(e). 

(h) Limitations. The consents set forth 

in this section do not act to waive or 

relinquish any rights granted to the 

FDIC in any capacity, pursuant to any 

other applicable law or any agreement 

or contract except the securitization 

transfer agreement or any relevant 

security agreements. Nothing contained 

in this section alters the claims priority 

of the securitized obligations. 

(i) No waiver. This section does not 

authorize, and shall not be construed as 

authorizing the waiver of the 

prohibitions in 12 U.S.C. 1825(b)(2) 

against levy, attachment, garnishment, 

foreclosure, or sale of property of the 

FDIC, nor does it authorize nor shall it 

be construed as authorizing the 

attachment of any involuntary lien upon 

the property of the FDIC. Nor shall this 

section be construed as waiving, 

limiting or otherwise affecting the rights 

or powers of the FDIC to take any action 

or to exercise any power not specifically 

mentioned, including but not limited to 

any rights, powers or remedies of the 

FDIC regarding transfers taken in 

contemplation of the institution’s 

insolvency or with the intent to hinder, 

delay or defraud the institution or the 

creditors of such institution, or that is 

a fraudulent transfer under applicable 

law. 

(j) No assignment. The right to 

consent under 12 U.S.C. 1821(e)(13)(C) 

may not be assigned or transferred to 

any purchaser of property from the 

FDIC, other than to a conservator or 

bridge bank. 

(k) Repeal. This section may be 

repealed by the FDIC upon 30 days 

notice provided in the Federal Register, 

but any repeal shall not apply to any 

issuance made in accordance with this 

section before such repeal. 

By order of the Board of Directors. 

Dated at Washington, DC, this 11th day of 

May, 2010. 

Robert E. Feldman, 

Executive Secretary, Federal Deposit 

Insurance Corporation. 

[FR Doc. 2010–11680 Filed 5–14–10; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0499; Directorate 

Identifier 2010–NE–06–AD] 

RIN 2120–AA64 

Airworthiness Directives; BombardierRotax GmbH 912 F Series and 912 S 

Series Reciprocating 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. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

We are proposing this AD to prevent 

the pump from exceeding the fuel 

pressure, which could result in engine 

malfunction or a massive fuel leak. 

These conditions could cause loss of 

control of the airplane or a fire. 

DATES: We must receive comments on 

this proposed AD by July 1, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

Contact BRP–Rotax GmbH & Co. KG, 

Welser Strasse 32, A–4623 Gunskirchen, 

Austria, or go to: http://www.rotaxaircraft-engines.com/, for the service 

information identified in this proposed 

AD. 

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. 

FOR FURTHER INFORMATION CONTACT: Tara 

Chaidez, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: tara.chaidez@faa.gov; telephone 

(781) 238–7773; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

27488 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0499; Directorate Identifier 

2010–NE–06–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 based on 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). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0060R1– 

E, dated April 20, 2007 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

If the operator has shown compliance 

with BRP Rotax ASB–912–053, dated 

February 20, 2007, as mandated by 

EASA Airworthiness Directive 2007– 

0060–E, no further action is required. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Rotax Aircraft Engines has issued 

Service Bulletin SB–912–053, dated 

April 13, 2007. The actions described in 

this service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of Austria, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Austria, 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 provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 50 products of U.S. registry. 

We also estimate that it would take 

about 0.5 work-hour per product to 

comply with this proposed AD. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $650 

per product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $34,625. 

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, 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 adding 

the following new AD: 

Bombardier-Rotax GmbH (Formerly 

Motorenfabrik): Docket No. FAA–2010– 

0499; Directorate Identifier 2010–NE– 

06–AD. 

Comments Due Date 

(a) We must receive comments by July 1, 

2010. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Bombardier-Rotax 

912 F series and 912 S series reciprocating 

engines with fuel pumps, part numbers (P/ 

Ns) 892230, 892232, 892540 (standard 

version) or P/Ns 892235, 892236, 892545 

(version including flexible fuel line), 

installed. These engines are installed on, but 

not limited to, Diamond (formerly HOAC) 

HK–36R Super Dimona, Aeromot AMT–200S 

Super Ximango; Diamond DA20–A1 Katana; 

Scheibe SF 25C; Iniziative Industriali Italiane 

S.p.A. Sky Arrow 650 TC, and 650 TCN 

airplanes. 

Reason 

(d) This AD results from mandatory 

continuing airworthiness information (MCAI) 

issued 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: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27489 

cause engine malfunction and/or massive 

fuel leakage. 

We are issuing this AD to prevent the 

pump from exceeding the fuel pressure, 

which could result in engine malfunction or 

a massive fuel leak. These conditions could 

cause loss of control of the airplane or a fire. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) At the next maintenance, or within the 

next 25 hours of engine operation, whichever 

occurs first, after the effective date of this 

AD, remove affected fuel pumps, P/Ns 

892230, 892232, 892235, 892236, 892540, or 

892545. 

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

not install fuel pump, P/Ns 892230, 892232, 

892235, 892236, 892540, or 892545, on any 

engine. 

FAA AD Differences 

(f) This AD differs from the MCAI and/or 

service information as follows: The MCAI 

requires replacing an affected fuel pump with 

fuel pump, P/N 892542 or 892546. This AD 

requires replacement of an affected fuel 

pump with a fuel pump eligible for 

installation on the airplane. 

Other FAA AD Provisions 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI Airworthiness Directive 

2007—0060R1—E, dated April 20, 2007, and 

Rotax Aircraft Engines Service Bulletin SB– 

912–053, dated April 13, 2007, for related 

information. Contact BRP–Rotax GmbH & Co. 

KG, Welser Strasse 32, A–4623 Gunskirchen, 

Austria, or go to: http://www.rotax-aircraftengines.com/, for a copy of this service 

information. 

(i) Contact Tara Chaidez, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: tara.chaidez@faa.gov; 

telephone (781) 238–7773; fax (781) 238– 

7199, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

May 10, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–11643 Filed 5–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0245; Directorate 

Identifier 2010–NE–15–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Canada Corp. PW615F–A 

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. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

A PW617F–E engine powered twin 

engined aircraft had recently experienced an 

uncommanded power reduction on one of its 

engines. Investigation showed that the Fuel 

Filter Bypass Valve poppet in the Fuel Oil 

Heat Exchanger (FOHE) on that engine had 

worn through the housing seat, allowing 

unfiltered fuel and debris to contaminate the 

Fuel Metering Unit (FMU), resulting in fuel 

flow drop and subsequent power reduction. 

Pratt & Whitney Canada Corp. has confirmed 

that this is a dormant failure that could result 

in an unsafe condition. 

The PW615F–A engine Fuel Filter Bypass 

Valve is very similar to that of PW617F–E, 

but so far there have been no operational 

abnormalities reported due to subject valve 

failure on PW615F–A engines. However, 

evaluation by Pratt & Whitney Canada Corp. 

has confirmed similar dormant failure of 

worn through poppets of the subject valve on 

some 615F–A engine installations, which 

could affect both engines at the same time on 

an aircraft and may result in an unsafe 

condition. 

We are proposing this AD to prevent 

uncommanded power reduction, which 

could result in the inability to continue 

safe flight and safe landing. 

DATES: We must receive comments on 

this proposed AD by July 1, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

Contact Pratt & Whitney Canada 

Corp., 1000 Marie-Victorin, Longueuil, 

Quebec, Canada, J4G 1A1; telephone 

800–268–8000; fax 450–647–2888; Web 

site: www.pwc.ca; for the service 

information identified in this proposed 

AD. 

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. 

FOR FURTHER INFORMATION CONTACT: Ian 

Dargin, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park; Burlington, MA 01803; 

e-mail: ian.dargin@faa.gov; telephone 

(781) 238–7178; fax (781) 238–7199. 

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–2010–0245; Directorate Identifier 

2010–NE–15–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 based on 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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS