30268 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

List of Subjects in 5 CFR Part 875 

Administrative practices and 

procedures, Employee benefit plans, 

Government contracts, Government 

employees, Health insurance, Military 

personnel, Organization and functions, 

Retirement. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

■ Accordingly, OPM amends 5 CFR part 

875, as follows: 

PART 875—FEDERAL LONG TERM 

CARE INSURANCE PROGRAM 

■ 1. The authority citation for 5 CFR 

part 875 continues to read as follows: 

Authority: Authority: 5 U.S.C. 9008. 

■ 2. Add a new § 875.213 to subpart B 

to read as follows: 

§ 875.213 May I apply as a qualified 

relative if I am the domestic partner of an 

employee or annuitant? 

(a) You may apply for coverage as a 

qualified relative if you are a domestic 

partner, as described in paragraph (b) of 

this section. As prescribed by OPM, you 

will be required to provide 

documentation to demonstrate that you 

meet these requirements. 

(b) For purposes of this part, the term 

‘‘domestic partner’’ is a person in a 

domestic partnership with an employee 

or annuitant of the same sex. The term 

‘‘domestic partnership’’ is defined as a 

committed relationship between two 

adults, of the same sex, in which the 

partners— 

(1) Are each other’s sole domestic 

partner and intend to remain so 

indefinitely; 

(2) Have a common residence, and 

intend to continue the arrangement 

indefinitely; 

(3) Are at least 18 years of age and 

mentally competent to consent to a 

contract; 

(4) Share responsibility for a 

significant measure of each other’s 

financial obligations; 

(5) Are not married to anyone else; 

(6) Are not a domestic partner of 

anyone else; 

(7) Are not related in a way that, if 

they were of opposite sex, would 

prohibit legal marriage in the State in 

which they reside; and 

(8) Certify that they understand that 

willful falsification of the 

documentation described in paragraph 

(a) of this section may lead to 

disciplinary action and the recovery of 

the cost of benefits received related to 

such falsification and may constitute a 

criminal violation under 18 U.S.C. 1001. 

[FR Doc. 2010–13015 Filed 5–28–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0235; Directorate 

Identifier 2010–CE–010–AD; Amendment 

39–16311; AD 2010–11–06] 

RIN 2120–AA64 

Airworthiness Directives; AeroSpace 

Technologies of Australia Pty Ltd 

Models N22B, N22S, and N24A 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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: 

The results of full scale fatigue tests being 

conducted by the manufacturer have shown 

the need for inspection of critical fastener 

holes in the stub wing upper front spar cap, 

near the wing strut attachment. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

6, 2010. 

On July 6, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090; e-mail: 

doug.rudolph@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 9, 2010 (75 FR 

10694), and proposed to supersede AD 

97–11–12, Amendment 39–10041 (62 

FR 28997, May 29, 1997). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

The results of full scale fatigue tests being 

conducted by the manufacturer have shown 

the need for inspection of critical fastener 

holes in the stub wing upper front spar cap, 

near the wing strut attachment. 

Amendment 1 adopts the manufacturer’s 

latest service bulletin. Its new inspection 

method avoids having to remove the Huck 

bolts and the potential to damage the holes. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

25 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this AD on U.S. operators to 

be $4,250, or $170 per product. 

In addition, we estimate that any 

necessary follow-on actions will take 


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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30269 

about 4 work-hours and require parts 

costing $2,500, for a cost of $2,840 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains the NPRM, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 

removing Amendment 39–10041 (62 FR 

28997, May 29, 1997), and adding the 

following new AD: 

2010–11–06 AeroSpace Technologies of 

Australia Pty Ltd: Amendment 39– 

16311; Docket No. FAA–2010–0235; 

Directorate Identifier 2010–CE–010–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 6, 2010. 

Affected ADs 

(b) This AD supersedes AD 97–11–12, 

Amendment 39–10041. 

Applicability 

(c) This AD applies to Models N22B, N22S, 

and N24A airplanes, all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The results of full scale fatigue tests being 

conducted by the manufacturer have shown 

the need for inspection of critical fastener 

holes in the stub wing upper front spar cap, 

near the wing strut attachment. 

Amendment 1 adopts the manufacturer’s 

latest service bulletin. Its new inspection 

method avoids having to remove the Huck 

bolts and the potential to damage the holes. 

Actions and Compliance 

(f) Unless already done, do the following 

actions in accordance with Nomad Service 

Bulletin NMD–53–22, dated June 4, 2007: 

(1) Within the next 100 hours time-inservice (TIS) after July 6, 2010 (the effective 

date of this AD), or within the next 90 days 

after July 6, 2010 (the effective date of this 

AD), whichever occurs first, install an 

inspection hole in the left-hand and righthand stub wing bottom skin. 

(2) Before further flight after installing the 

inspection hole required in paragraph (f)(1) 

of this AD, initially inspect the stub wing 

front spar cap for cracks. Repetitively 

thereafter inspect at intervals not to exceed 

every 600 hours TIS. 

(3) If any crack is found during any 

inspection required in paragraph (f)(2) of this 

AD, before further flight contact Customer 

Support Manager, Gippsland Aeronautics Pty 

Ltd., P.O. Box 881, MORWELL, Victoria, 

3040, Australia; phone: +61 3 5172 1200; fax: 

+61 3 5172 1201; e-mail: 

support@gippsaero.com, for an FAAapproved repair scheme/modification and 

incorporate the repair scheme/modification. 

Due to FAA policy, the repair scheme/ 

modification for crack damage must include 

an immediate repair of the crack. The repair 

scheme cannot be by repetitive inspection 

only. The repair scheme/modification may 

incorporate repetitive inspections in addition 

to the repetitive inspections required in 

paragraph (f)(2) of this AD. Continued 

operational flight with un-repaired crack 

damage is not permitted. 

FAA AD Differences 

Note: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI states to follow the service bulletin. 

The service bulletin does not specifically call 

out a corrective action if cracks are found. 

The FAA is including specific instruction of 

corrective action in the AD. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et.seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Civil Aviation Safety 

Authority (CASA) AD GAF–N22–52, 

Amendment 1, dated January 2010; and 


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30270 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

Nomad Service Bulletin NMD–53–22, dated 

June 4, 2007, for related information. 

Material Incorporated by Reference 

(i) You must use Nomad Service Bulletin 

NMD–53–22, dated June 4, 2007, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Gippsland Aeronautics Pty 

Ltd., Latrobe Regional Airport, P.O. Box 881, 

Morwell Victoria, 3840, Australia; phone: 

+61 3 5172 1200; fax: +61 3 5172 1201; 

Internet: www.gippsaero.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on May 

13, 2010. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–12176 Filed 5–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0219; Directorate 

Identifier 2010–NE–14–AD; Amendment 39– 

16315; AD 2010–11–10] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Astazou XIV B and XIV H Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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: 

Investigation of an uncommanded in-flight 

shutdown (IFSD) revealed that a third stage 

turbine wheel rupture was not contained by 

the turbine casings. The released portion 

consisted of a turbine blade together with the 

rim piece immediately below the blade. The 

rim piece was bounded by two adjacent axial 

slots and a fatigue crack that had developed 

between the holes in which the slots 

terminate. The slots and holes, which are 

closed by riveted plugs, were introduced by 

modification AB 173 in order to improve the 

vibration characteristics of the turbine wheel. 

Modification AB 208 brings an improvement 

to modification AB 173 by changing only the 

riveting detail. SN 283 72 0805 provides 

instructions for re-boring the holes at 

overhaul or repair in order to improve their 

surface condition. A manufacturing process 

modification has been introduced to improve 

the surface condition of these holes in third 

stage turbine wheels. Wheels subject to the 

improved manufacturing process have S/Ns 

outside the range specified in Table 1. 

Although there is only one known event, and 

although it resulted only in an 

uncommanded IFSD, with no damage to the 

aircraft, the possibility exists that additional 

events may occur, potentially involving 

damage to the aircraft. 

We are issuing this AD to prevent 

uncontained failures of the third stage 

turbine wheel, which could result in 

damage to the helicopter. 

DATES: This AD becomes effective July 

6, 2010. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD as of July 6, 2010. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 30, 2010 (75 FR 

15627). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

Investigation of an uncommanded IFSD 

revealed that a third stage turbine wheel 

rupture was not contained by the turbine 

casings. The released portion consisted of a 

turbine blade together with the rim piece 

immediately below the blade. The rim piece 

was bounded by two adjacent axial slots and 

a fatigue crack that had developed between 

the holes in which the slots terminate. The 

slots and holes, which are closed by riveted 

plugs, were introduced by modification AB 

173 in order to improve the vibration 

characteristics of the turbine wheel. 

Modification AB 208 brings an improvement 

to modification AB 173 by changing only the 

riveting detail. SB 283 72 0805 provides 

instructions for re-boring the holes at 

overhaul or repair in order to improve their 

surface condition. A manufacturing process 

modification has been introduced to improve 

the surface condition of these holes in third 

stage turbine wheels. Wheels subject to the 

improved manufacturing process have S/Ns 

outside the range specified in Table 1. 

Although there is only one known event, and 

although it resulted only in an 

uncommanded IFSD, with no damage to the 

aircraft, the possibility exists that additional 

events may occur, potentially involving 

damage to the aircraft. 

To address the unsafe condition, EASA 

issued AD 2009–0136, mandating inspection 

of certain third stage turbine wheels and 

removal of any damaged wheel. The wheels 

to be inspected were those whose cycles 

since new (CSN) would exceed 2,000 by 

February 1, 2011. Following additional 

research by Turbomeca on crack initiation 

and growth, this AD mandates inspections 

based on new criteria and removal of any 

damaged wheel. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

three Astazou engines installed on 

products of U.S. registry. We also 

estimate that it will take about 5 workhours per engine to comply with this 

AD. The average labor rate is $85 per 

work-hour. We anticipate no parts to be 

required. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $1,275. 

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. 


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