Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Rules and Regulations 20265 

actions to the affected customers and 

clearly advise them, in writing, that 

such actions will void the FDIC’s 

guarantee with respect to the swept, 

transferred, or reclassified funds. 

* * * * * 

■ 5. Amend § 370.7 by revising 

paragraphs (b) and (c) to read as follows: 

§ 370.7 Assessment for the Transaction 

Account Guarantee program. 

* * * * * 

(b) Initiation of assessments. 

Beginning on November 13, 2008 each 

eligible entity that does not opt out of 

the transaction account guarantee 

program on or before December 5, 2008 

will be required to pay the FDIC 

assessments on all deposit amounts in 

noninterest-bearing transaction accounts 

calculated in accordance with paragraph 

(c) of this section. 

(c) Amount of assessment. 

(1) Except as provided in paragraphs 

(c)(2) and (c)(3) of this section any 

eligible entity that does not opt out of 

the transaction account guarantee 

program shall pay quarterly an 

annualized 10 basis point assessment on 

any deposit amounts exceeding the 

existing deposit insurance limit of 

$250,000, as reported on its quarterly 

Consolidated Reports of Condition and 

Income, Thrift Financial Report, or 

Report of Assets and Liabilities of U.S. 

Branches and Agencies of Foreign Banks 

(each, a ‘‘Call Report’’) in any 

noninterest-bearing transaction accounts 

(as defined in § 370.2(h)), including any 

such amounts swept from a noninterestbearing transaction account into an 

noninterest-bearing savings deposit 

account as provided in § 370.4(c). 

(2) For the period after December 31, 

2009 through and including June 30, 

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. 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 noninterestbearing 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. 

(3) Beginning on July 1, 2010, each 

participating entity that does not opt out 

of the transaction account guarantee 

program shall pay quarterly a fee based 

upon its Risk Category rating. The 

amount of the fee for each such entity 

is equal to the annualized, TAG 

assessment rate for the entity multiplied 

by the aggregate 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, 

calculated based upon the average daily 

balances in such accounts as reported 

on the entity’s most recent quarterly 

Call Report. 

(4) 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. 

(5) The amount to be reported for each 

noninterest-bearing transaction account 

as the average daily balance is the total 

dollar amount held in such account that 

exceeds $250,000 for each calendar day 

during the quarter divided by the 

number of calendar days in the quarter. 

For those days that an office of the 

reporting institution is closed (e.g., 

Saturdays, Sundays, or holidays), the 

amounts outstanding from the previous 

business day should be used. The total 

number of accounts to be reported 

should be calculated on the same basis. 

Documentation supporting the amounts 

used in the calculation of the average 

daily balance amounts must be retained 

and be readily available upon request by 

the FDIC or the institution’s primary 

Federal regulator. In addition, all 

institutions that do not opt of the 

transaction account guarantee program 

must establish procedures to gather the 

necessary daily data beginning July 1, 

2010. 

(6) An entity’s Risk Category is 

determined in accordance with the 

FDIC’s risk-based premium system 

described in 12 CFR part 327. 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 13th day of 

April, 2010. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2010–8911 Filed 4–16–10; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0329; Directorate 

Identifier 2009–CE–020–AD; Amendment 

39–16264; AD 2009–08–05 R1] 

RIN 2120–AA64 

Airworthiness Directives; Liberty 

Aerospace Incorporated Model XL–2 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are correcting the address, 

telephone, and fax information for the 

reporting requirement in Airworthiness 

Directive (AD) 2009–08–05, which 

applies to certain Liberty Aerospace 

Incorporated Model XL–2 airplanes. AD 

2009–08–05 currently requires 

repetitively inspecting the exhaust 

muffler for cracks, replacing the exhaust 

muffler when cracks are found, and 

reporting the results of the inspections 

to the FAA. Since AD 2009–08–05 

became effective, the FAA’s Atlanta 

Aircraft Certification Office (ACO) 

moved, which has caused the office 

personnel problems in receiving fax and 

mailed copies of the inspection result 

reports. This document corrects the 

mailing address, telephone number, and 

fax information of the Atlanta ACO. 

DATES: This final rule is effective April 

19, 2010. The compliance date of this 

AD is April 20, 2009, which is the same 

as the effective date of AD 2009–08–05. 

As of April 20, 2009 (74 FR 16117, 

April 9, 2009), the Director of the 

Federal Register approved the 

incorporation by reference of Liberty 

Aerospace, Inc. Service Document 

Critical Service Bulletin (CSB) CSB–09– 

001, Revision Level B, Revised on 

March 18, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document 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: 

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20266 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Rules and Regulations 

—Corey Spiegel, Aerospace Engineer, 

Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474– 

5574; facsimile: (404) 474–5606; 

e-mail: corey.spiegel@faa.gov; or 

—Cindy Lorenzen, Aerospace Engineer, 

Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474– 

5524; facsimile: (404) 474–5606; 

e-mail: cindy.lorenzen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On April 3, 2009, we issued AD 2009– 

08–05, Amendment 39–15878 (74 FR 

16117, April 9, 2009), to require 

repetitively inspecting the exhaust 

muffler for cracks, replacing the exhaust 

muffler when cracks are found, and 

reporting the results of the inspections 

to the FAA. 

Since AD 2009–08–05 became 

effective, the FAA’s Atlanta Aircraft 

Certification Office (ACO) moved, 

which has caused the office personnel 

problems in receiving fax and mailed 

copies of the inspection result reports. 

Consequently, the FAA sees a need to 

correct the mailing address, telephone 

number, and fax information of the 

Atlanta ACO in AD 2009–08–05 to 

assure that the inspection results are 

received and reviewed to help assure 

the continued operational safety of the 

affected airplanes. Thus, the FAA is 

revising the AD to incorporate the 

language discussed above and to add the 

amendment to section 39.13 of the 

Federal Aviation Regulations (14 CFR 

39.13). 

Since this action only corrects the 

address, telephone number, and fax 

information for the reporting 

requirement and does not require any 

additional actions over that originally 

required by AD 2009–08–05, it has no 

adverse economic impact and imposes 

no additional burden on any person 

than was already required. Therefore, 

the FAA has determined that prior 

notice and opportunity for public 

comment are unnecessary. 

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 Airworthiness Directive (AD) 

2009–08–05, Amendment 39–15878 (74 

FR 16117, April 9, 2009), and adding 

the following new AD: 

2009–08–05 R1 Liberty Aerospace 

Incorporated: Amendment 39–16264; 

Docket No. FAA–2009–0329; Directorate 

Identifier 2009–CE–020–AD. 

Effective Date 

(a) This final rule is effective April 19, 

2010. The compliance date of this AD is 

April 20, 2009, which is the same as the 

effective date of AD 2009–08–05. 

Affected ADs 

(b) This AD revises AD 2009–08–05. 

Applicability 

(c) This AD applies to Model XL–2 

airplanes, serial numbers 0007, 0009, and 

subsequent, that are certificated in any 

category. 

Unsafe Condition 

(d) This AD is the result of reports that 

eight cracks have been found in the exhaust 

muffler during maintenance and service 

inspections. We are issuing this AD to detect 

and correct cracks in the exhaust muffler, 

which could result in carbon monoxide 

entering the cabin heating system. This 

condition could lead to incapacitation of the 

pilot. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Inspect the following: 

(i) The exhaust muffler for cracks. There 

are two different exhaust systems available for the affected airplanes. They are: 

(A) Standard exhaust system, part 

number (P/N) DEL200201–002 that 

incorporates muffler P/N 

DEL200201–101; and 

Initially inspect within the next 10 hours timein-service (TIS) after April 20, 2009 (the effective date of AD 2009–08–05) or at the 

next annual inspection, whichever occurs 

first. Repetitively inspect the exhaust muffler thereafter as specified in paragraph 

(e)(5) of this AD. 

Follow Liberty Aerospace, Inc. Service Document Critical Service Bulletin (CSB) CSB– 

09–001, Revision Level B, Revised on 

March 18, 2009. 

(B) Reduced sound exhaust system, 

P/N DEL200201–003 that incorporates muffler P/N 200201–104. 

(ii) The tail pipe and the tail pipe opening 

in the lower cowl for a 0.5-inch minimum 

clearance. 

(iii) Inspect the propeller for proper propeller clocking position. 

(2) As a result of the inspections required in 

paragraphs (e)(1)(ii) and (e)(1)(iii) of this AD: 

(i) If the clearance between the tail pipe 

and the tail pipe opening is less than the 

required 0.5-inch minimum, trim the 

lower cowl as needed to achieve the 

minimum clearance. 

Before further flight after the inspection required in paragraph (e)(1) of this AD. As specified in Liberty Aerospace, Inc. Service Document Critical Service Bulletin 

(CSB) CSB–09–001, Revision Level B, Revised on March 18, 2009. 

(ii) If there is a discrepancy in the propeller 

clocking position, remove and reinstall 

the propeller at the correct position. 

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Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Rules and Regulations 20267 

Actions Compliance Procedures 

(3) As a result of the initial inspection required 

in paragraph (e)(1)(i) of this AD or any repetitive inspection required in paragraph (e)(5) 

of this AD, if a crack is found, replace the exhaust muffler. 

(i) The manufacturer will provide the replacement exhaust system. 

Before further flight after the initial inspection 

required in paragraph (e)(1) of this AD and 

before further flight after any repetitive inspection required in paragraph (e)(5) of this 

AD. 

Follow Liberty Aerospace, Inc. Service Document Critical Service Bulletin (CSB) CSB– 

09–001, Revision Level B, Revised on 

March 18, 2009. 

(ii) A reduced sound exhaust system may 

be replaced with a standard exhaust system. 

(iii) Installing a reduced sound exhaust system as a replacement part also requires 

installing a bypass SCAT tube and a ‘‘Do 

Not Use’’ placard on or near the heater 

knob. 

(4) If the airplane is equipped with a reduced 

sound exhaust system and no cracks are 

found during the initial inspection required in 

paragraph (e)(1) of this AD, install a bypass 

SCAT tube and a ‘‘Do Not Use’’ placard on 

or near the heater knob. 

Within the next 10 hours TIS after April 20, 

2009 (the effective date of AD 2009–08– 

05). 

Follow Liberty Aerospace, Inc. Service Document Critical Service Bulletin (CSB) CSB– 

09–001, Revision Level B, Revised on 

March 18, 2009. 

(5) If no cracks are found in the exhaust muffler 

during the initial inspection required in paragraph (e)(1) of this AD or if the exhaust muffler was replaced as required in paragraph 

(e)(3) of this AD, repetitively inspect thereafter at the intervals specified in paragraphs 

(e)(5)(i), (e)(5)(ii), and (e)(5)(iii) of this AD. 

(i) For airplanes equipped with a standard exhaust system and the optional bypass 

SCAT tube has not been installed, repetitively inspect thereafter every 25 hours TIS 

or every 12 months, whichever occurs first. 

(ii) For airplanes equipped with a standard exhaust system and the optional bypass 

SCAT tube has been installed, repetitively 

inspect thereafter every 50 hours TIS or 

every 12 months, whichever occurs first. 

Follow Liberty Aerospace, Inc. Service Document Critical Service Bulletin (CSB) CSB– 

09–001, Revision Level B, Revised on 

March 18, 2009. 

(iii) For airplanes equipped with a reduced 

sound exhaust system and the required bypass SCAT tube has been installed, repetitively inspect thereafter every 50 hours TIS 

or every 12 months, whichever occurs first. 

(6) Report the results of the following inspections required in this AD to the FAA. 

(i) Initial inspection required in paragraph 

(e)(1) of this AD. 

(ii) Repetitive inspections required in paragraph (e)(5) of this AD only if cracks are 

found. 

Within 10 days after each inspection required 

by this AD. 

Use the form (Figure 1 of this AD) and submit 

it to FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, 

Georgia 30337; fax: (404) 474–5606; e-mail 

corey.spiegel@faa.gov. 

(iii) The Office of Management and Budget 

(OMB) approved the information collection requirements contained in this regulation under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 

3501 et seq.) and assigned OMB Control 

Number 2120–0056. 

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20268 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Rules and Regulations 

AD 2009–08–05 R1 Inspection Report 

Airplane Serial Number 

Airplane Tach Hours at time of inspection 

Propeller type (circle one) MT Sensenich 

Propeller Tach Hours at time of inspection 

Exhaust Type (circle one) Standard Reduced Sound 

Is Exhaust Cracked? (circle one) YES NO 

Did lower cowl require trimming at the tail pipe opening? (circle one) 

Not applicable after initial inspection 

YES NO 

Did the propeller clocking position need to be corrected? (circle one) 

Not applicable after initial inspection. 

YES NO 

Were any other discrepancies noticed during the inspection? 

Name: 

Telephone and/or e-mail address: 

Date: 

Send report to: Corey Spiegel, Aerospace Engineer, Atlanta ACO, 

1701 Columbia Avenue, College Park, Georgia 30337; 

facsimile: (404) 474–5606; e-mail: corey.spiegel@faa.gov. 

Figure 1 

Special Flight Permit 

(f) Under 14 CFR part 39.23, we are 

limiting the special flight permits for this AD 

by the following conditions: 

(1) The cabin heat turned off; and 

(2) The fresh air vents are open. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Atlanta Aircraft 

Certification Office (ACO), 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: Corey 

Spiegel, Aerospace Engineer, Atlanta ACO, 

1701 Columbia Avenue, College Park, 

Georgia 30337. 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. 

Material Incorporated by Reference 

(h) You must use Liberty Aerospace, Inc. 

Service Document Critical Service Bulletin 

(CSB) CSB–09–001, Revision Level B, 

Revised on March 18, 2009, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) On April 20, 2009 (74 FR 16117, April 

9, 2009), the Director of the Federal Register 

previously 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 Liberty Aerospace, 100 

Aerospace Drive, Melbourne, Florida 32901; 

telephone: (321) 752–0332 or (800) 759–5953; 

fax: (321) 752–0377; Internet: http:// 

www.libertyaircraft.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 April 

7, 2010. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–8596 Filed 4–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

[Docket No. FDA–2010–N–0002] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Change of 

Sponsor; Propofol 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for a new animal drug 

application (NADA) from Intervet, Inc., 

to Teva Animal Health, Inc. 

DATES: This rule is effective April 19, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8307, email: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Intervet, 

Inc., 56 Livingston Ave., Roseland, NJ 

07068, has informed FDA that it has 

transferred ownership of, and all rights 

and interest in, approved NADA 141– 

070 for RAPINOVET (propofol), an 

WReier-Aviles on DSKGBLS3C1PROD with RULES