Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 2787 

PART 328—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WITH 1 

YEAR OF SERVICE IN THE UNITED 

STATES ARMED FORCES 

■ 1. The heading for part 328 is revised 

as set forth above. 

■ 2. The authority citation for part 328 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1439, 1443. 

■ 3. Section 328.2 is amended by 

revising paragraph (b) to read as follows: 

§ 328.2 Eligibility. 

* * * * * 

(b) Has served under paragraph (a) of 

this section for a period of 1 or more 

years, whether that service is 

continuous or discontinuous; 

* * * * * 

■ 4. Section 328.4 is amended by 

revising the last sentence to read as 

follows: 

§ 328.4 Application. 

* * * The application must be 

accompanied by Form N–426, Request 

for Certification of Military or Naval 

Service. 

PART 329—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WITH 

ACTIVE DUTY OR CERTAIN READY 

RESERVE SERVICE IN THE UNITED 

STATES ARMED FORCES DURING 

SPECIFIED PERIODS OF HOSTILITIES 

■ 5. The heading for part 329 is revised 

as set forth above. 

■ 6. The authority citation for part 329 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1440, 1443; 8 

CFR part 2. 

■ 7. Section 329.2 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 329.2. Eligibility. 

* * * * * 

(a) Has served honorably in the 

Armed Forces of the United States as a 

member of the Selected Reserve of the 

Ready Reserve or in an active duty 

status in the Armed Forces of the United 

States during: 

* * * * * 

■ 8. Section 329.4 is amended by 

revising the last sentence of paragraph 

(a) to read as follows: 

§ 329.4. Application and evidence. 

(a) Application. * * * The 

application must be accompanied by 

Form N–426, Request for Certification of 

Military or Naval Service. 

* * * * * 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–578 Filed 1–15–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0009; Directorate 

Identifier 2010–NE–01–AD; Amendment 39– 

16178; AD 2010–02–08] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Turmo IV A and IV C Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. 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: 

During a maintenance inspection before 

the first flight of the day, an oil leak was 

found on an engine deck. A circumferential 

crack on the intermediate bearing return 

flexible pipe union (pipe part number 9 560 

17 606 0) was identified as the origin of the 

leak. A similar oil pipe union crack was then 

reported at the same location on another 

engine, on the same pipe part number. This 

pipe part number was approved as 

Modification TU 233 in 2008. 

Although such cracks have been detected 

and did not lead to an in-service event, the 

possibility exists that some additional cracks 

could occur and may not be detected before 

the potential complete rupture of the union. 

We are issuing this AD to prevent a 

helicopter engine in-flight shutdown 

resulting in an emergency auto-rotation 

landing or accident. 

DATES: This AD becomes effective 

February 3, 2010. 

We must receive comments on this 

AD by February 18, 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: 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 Turbomeca S.A., 40220 Tarnos, 

France; e-mail: noriadallas@turbomeca.com; telephone 33 05 

59 74 40 00, fax 33 05 59 74 45 15, or 

go to: http://www.turbomecasupport.com, for a copy of the service 

information identified in this 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 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: 

Kevin Dickert, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& 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: 

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 2009–0261–E, 

dated December 18, 2009 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

During a maintenance inspection before 

the first flight of the day, an oil leak was 

found on an engine deck. A circumferential 

crack on the intermediate bearing return 

flexible pipe union (pipe part number 9 560 

17 606 0) was identified as the origin of the 

leak. A similar oil pipe union crack was then 

reported at the same location on another 

engine, on the same pipe part number. This 

pipe part number was approved as 

Modification TU 233 in 2008. 

Although such cracks have been detected 

and did not lead to an in-service event, the 

possibility exists that some additional cracks 

could occur and may not be detected before 

the potential complete rupture of the union. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

2788 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Turbomeca has issued Alert Service 

Bulletin No. A249 72 0809, Version A, 

dated December 15, 2009. 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 AD 

This product has been approved by 

the aviation authority of EASA and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with EASA, they have 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

issuing 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. This 

AD requires, for Turmo IV A and Turmo 

IV C engines that have incorporated 

Turbomeca Modification TU 233, initial 

and repetitive visual inspections for the 

absence of oil leakage or seepage from 

the unions of the intermediate bearing 

return flexible pipes. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because failures of the flexible pipe 

unions, which if not corrected, could 

lead to an in-flight engine shutdown 

and a forced autorotation landing or 

accident. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Interim Actions 

These actions are interim actions and 

we may take further rulemaking actions 

in the future. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0009; 

Directorate Identifier 2010–NE–01–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this 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 with FAA 

personnel concerning this 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). 

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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 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. 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 AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2010–02–08 Turbomeca: Amendment 39– 

16178; Docket No. FAA–2010–0009; 

Directorate Identifier 2010–NE–01–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 3, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Turbomeca Turmo 

IV A and IV C turboshaft engines that have 

incorporated Turbomeca Modification TU 

233. These engines are installed on, but not 

limited to, Eurocopter SA 330F, G, or J 

PUMA helicopters. 

Reason 

(d) During a maintenance inspection before 

the first flight of the day, an oil leak was 

found on an engine deck. A circumferential 

crack on the intermediate bearing return 

flexible pipe union (pipe part number 9 560 

17 606 0) was identified as the origin of the 

leak. A similar oil pipe union crack was then 

reported at the same location on another 

engine, on the same pipe part number. This 

pipe part number was approved as 

Modification TU 233 in 2008. 

Although such cracks have been detected 

and did not lead to an in-service event, the 

possibility exists that some additional cracks 

could occur and may not be detected before 

the potential complete rupture of the union. 

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. We are issuing this AD 

to prevent a helicopter engine in-flight 

shutdown resulting in an emergency autorotation landing or accident. 

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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations 2789 

1 17 CFR 240.14a–101. 

2 17 CFR 240.14a–6. 

3 15 U.S.C. 78a et seq. 

4Shareholder Approval of Executive 

Compensation of TARP Recipients, Release No. 34– 

60218 (July 1, 2009) [74 FR 32474] (hereinafter, the 

‘‘Proposing Release’’). 

5 12 U.S.C. 5221(e). 

6Public Law 111–5, 123 Stat. 115 (2009). 

7We do not believe this provision changes the 

Commission’s rules for a smaller reporting company 

that is a TARP recipient under the EESA with 

respect to the compensation discussion and 

analysis (‘‘CD&A’’) disclosure. Our compensation 

disclosure rules, as set forth in Item 402 of 

Regulation S–K [17 CFR 229.402], permit smaller 

reporting companies to provide scaled disclosure 

that does not include CD&A. 

8Section 111 of the EESA defines this period not 

to include any period during which the Federal 

Government ‘‘only holds warrants to purchase 

common stock of the TARP recipient.’’ See 12 

U.S.C. 5221(a)(5). 

9Section 111(e)(2) of the EESA [12 U.S.C. 

5221(e)(2)]. 

10 Id. Rule 14a–8 under the Exchange Act will 

continue to apply to shareholder proposals that 

relate to executive compensation. Rule 14a–8 

provides shareholders with an opportunity to place 

a proposal in a company’s proxy materials for a vote 

at an annual or special meeting of shareholders. 

Under this rule, a company generally is required to 

include the proposal unless the shareholder has not 

complied with the rule’s procedural requirements 

or the proposal falls within one of the rule’s 13 

substantive bases for exclusion. To date, the staff of 

the Division of Corporation Finance has considered 

two requests in which TARP recipients requested 

the staff’s concurrence that, given the shareholder 

advisory vote provision in Section 111(e) of the 

EESA, the companies could rely on Rule 14a–8(i)(9) 

[17 CFR 240.14a–8(i)(9)] (the exclusion for 

proposals that directly conflict with one of the 

company’s own proposals) or Rule 14a–8(i)(10) [17 

CFR 240.14a–8(i)(10)] (the exclusion for proposals 

that have been substantially implemented) to 

Continued 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) Before the next flight after the effective 

date of this AD, and thereafter daily after the 

last flight of the day until further notice, 

visually inspect for absence of oil leakage or 

seepage from both unions of the intermediate 

bearing return flexible pipes, part number 9 

560 17 606 0. 

(2) If any oil leakage or seepage is found, 

disassemble the pipe and visually inspect the 

unions. 

(3) If no crack is found, re-install the pipe. 

(4) If any crack is found, remove the pipe 

from service and replace it. 

(5) The actions required by paragraph (e)(1) 

of this AD may be performed by the owner/ 

operator holding at least a private pilot 

certificate, and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with 14 CFR 43.9 and 

91.417(a)(2)(v). 

FAA AD Differences 

(f) None. 

Alternative Methods of Compliance 

(AMOCs) 

(g) 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 

2009–0261–E, dated December 18, 2009, and 

Turbomeca Alert Mandatory Service Bulletin 

No. A249 72 0809, Version A, dated 

December 15, 2009, for related information. 

Contact Turbomeca S.A., 40220 Tarnos, 

France; e-mail: noria-dallas@turbomeca.com; 

telephone 33 05 59 74 40 00, fax 33 05 59 

74 45 15, or go to: http://www.turbomecasupport.com, for a copy of this service 

information. 

(i) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & 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. 

Material Incorporated by Reference 

(j) None. 

Issued in Burlington, Massachusetts, on 

January 12, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–758 Filed 1–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–61335; File No. S7–12–09] 

RIN 3235–AK31 

Shareholder Approval of Executive 

Compensation of TARP Recipients 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adopting 

amendments to the proxy rules under 

the Securities Exchange Act of 1934 to 

set forth certain requirements for U.S. 

registrants subject to Section 111(e) of 

the Emergency Economic Stabilization 

Act of 2008. Section 111(e) of the 

Emergency Economic Stabilization Act 

of 2008 requires companies that have 

received financial assistance under the 

Troubled Asset Relief Program (‘‘TARP’’) 

to permit a separate shareholder 

advisory vote to approve the 

compensation of executives, as 

disclosed pursuant to the compensation 

disclosure rules of the Commission, 

during the period in which any 

obligation arising from financial 

assistance provided under the TARP 

remains outstanding. The amendments 

are intended to help implement this 

requirement by specifying and clarifying 

it in the context of the Federal proxy 

rules. 

DATES: Effective Date: February 18, 

2010. 

FOR FURTHER INFORMATION CONTACT: John 

Harrington, Attorney-Adviser, or N. 

Sean Harrison, Special Counsel, 

Division of Corporation Finance, at 

(202) 551–3430, U.S. Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–3628. 

SUPPLEMENTARY INFORMATION: We are 

adopting new Rule 14a–20 and 

amendments to Schedule 14A 1 and 

Rule 14a–6 2 under the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’).3

I. Background 

In July 2009, we published for public 

comment 4 proposed amendments to the 

proxy rules under the Exchange Act to 

set forth certain requirements for U.S. 

registrants subject to Section 111(e) of 

the Emergency Economic Stabilization 

Act of 2008 (‘‘EESA’’).5

Section 111(e) of the EESA, as 

amended by Section 7001 of the 

American Recovery and Reinvestment 

Act of 2009 6 on February 17, 2009, 

requires any entity that is a recipient of 

financial assistance under the Troubled 

Asset Relief Program (‘‘TARP’’) to 

‘‘permit a separate shareholder vote to 

approve the compensation of 

executives, as disclosed pursuant to the 

compensation disclosure rules of the 

Commission (which disclosure shall 

include the compensation discussion 

and analysis, the compensation tables, 

and any related material).’’ 7 Companies 

that have received financial assistance 

under the TARP are required to provide 

this separate shareholder vote during 

the period in which any obligation 

arising from financial assistance 

provided under the TARP remains 

outstanding.8 The shareholder vote 

required by Section 111(e) of the EESA 

is not binding on the board of directors 

of a TARP recipient, and such vote will 

not be construed as overruling a board 

decision or as creating or implying any 

additional fiduciary duty by the board.9

The vote also will not be construed to 

restrict or limit the ability of 

shareholders to make proposals for 

inclusion in proxy materials related to 

executive compensation.10

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