Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 61655 

8. How should the Council measure 

and assess the leverage of a nonbank 

financial firm? How should measures of 

leverage address liabilities, off-balance 

sheet exposures, and non-financial 

business lines? Should standards for 

leverage differ by types of financial 

activities or by industry? Should 

acceptable leverage standards recognize 

differences in regulation? Are there 

existing standards (e.g., the Basel III 

leverage ratio) for measuring leverage 

that could be used in assessing the 

leverage of nonbank financial 

companies? 

9. How should the Council measure 

and assess the amount and types of 

liabilities, including the degree of 

reliance on short-term funding of a 

nonbank financial firm? 

a. What factors should the Council 

consider in developing thresholds for 

identifying excessive reliance on shortterm funding? 

b. How should funding concentrations 

be measured? 

c. Do some nonbank financial 

companies have funding sources that 

are contractually short-term but stable 

in practice (similar to ‘‘stable deposits’’ 

at banks)? 

d. Should the assessment link the 

maturity structure of the liabilities to 

the maturity structure and quality of the 

assets of nonbank financial companies? 

10. How should the Council take into 

account the fact that a nonbank 

financial firm (or one or more of its 

subsidiaries or affiliates) is already 

subject to financial regulation in the 

Council’s decision to designate a firm? 

Are there particular aspects of 

prudential regulation that should be 

considered as particularly important 

(e.g., capital regulation, liquidity 

requirements, consolidated 

supervision)? Should the Council take 

into account whether the existing 

regulation of the company comports 

with relevant national or international 

standards? 

11. Should the degree of public 

disclosures and transparency be a factor 

in the assessment? Should asset 

valuation methodologies (e.g., level 2 

and level 3 assets) and risk management 

practices be factored into the 

assessment? 

12. During the financial crisis, the 

U.S. Government instituted a variety of 

programs that served to strengthen the 

resiliency of the financial system. 

Nonbank financial companies 

participated in several of these 

programs. How should the Council 

consider the Government’s extension of 

financial assistance to nonbank 

financial companies in designating 

companies? 

13. Please provide examples of best 

practices used by your organization or 

in your industry in evaluating and 

considering various types of risks that 

could be systemic in nature. 

a. How do you approach analyzing 

and quantifying interdependencies with 

other organizations? 

b. When and if important 

counterparties or linkages are identified, 

how do you evaluate and quantify the 

risks that a firm is exposed to? 

c. What other types of information 

would be effective in helping to identify 

and avoid excessive risk concentrations 

that could ultimately lead to systemic 

instability? 

14. Should the Council define 

‘‘material financial distress’’ or ‘‘financial 

stability’’? If so, what factors should the 

Council consider in developing those 

definitions? 

15. What other risk-related 

considerations should the Council take 

into account when establishing a 

framework for designating nonbank 

financial companies? 

Dated: October 1, 2010. 

Alastair Fitzpayne, 

Deputy Chief of Staff and Executive Secretary, 

Department of the Treasury. 

[FR Doc. 2010–25321 Filed 10–4–10; 4:15 pm] 

BILLING CODE 4810–25–P–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1006; Directorate 

Identifier 2009–CE–057–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Model PA–28–161 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Piper Aircraft, Inc. (Piper) Model PA– 

28–161 airplanes equipped with 

Thielert Aircraft Engine GmbH (TAE) 

Engine Model TAE–125–01 installed per 

Supplemental Type Certificate (STC) 

No. SA03303AT. This proposed AD 

would require installing a full authority 

digital engine control (FADEC) backup 

battery, replacing the supplement pilot’s 

operating handbook and FAA approved 

airplane flight manual, and revising the 

limitations section of the supplement 

airplane maintenance manual. This 

proposed AD results from an incident 

where an airplane experienced an inflight engine shutdown caused by a 

momentary loss of electrical power to 

the FADEC. We are proposing this AD 

to prevent interruption of electrical 

power to the FADEC, which could result 

in an uncommanded engine shutdown. 

This failure could lead to a loss of 

engine power. 

DATES: We must receive comments on 

this proposed AD by November 22, 

2010. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Thielert 

Aircraft Engines Service GmbH, 

Platanenstra+e 14, 09350 Lichtenstein, 

Deutschland; telephone: +49 (37204) 

696–0; fax: +49 (37204) 696–1910; 

Internet: http://www.thielert.com/. 

FOR FURTHER INFORMATION CONTACT: Don 

O. Young, Aerospace Engineer, FAA, 

Atlanta Aircraft Certification Office 

(ACO), 1701 Columbia Avenue, College 

Park, Georgia 30337; telephone: (404) 

474–5585; fax: (404) 474–5606; e-mail: 

don.o.young@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2010–1006; Directorate 

Identifier 2009–CE–057–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

61656 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

In 2007, a Diamond DA42 airplane 

experienced a dual in-flight engine 

shutdown. Our review of the incident 

determined the root cause was an unsafe 

design feature that allowed momentary 

interruption of electrical power to both 

engine FADECs. The interruption 

caused the FADECs to reset, shutting 

down both engines with a consequent 

loss of engine power. Piper Model PA– 

28–161 airplanes modified by STC No. 

SA03303AT have a similar unsafe 

design feature that can allow the FADEC 

to shut down or reset if the main battery 

is depleted and the electrical charging 

system malfunctions. 

This condition, if not corrected, could 

result in an uncommanded engine 

shutdown. This failure could lead to a 

loss of engine power. 

Relevant Service Information 

We have reviewed Thielert Aircraft 

Engines GmbH Service Bulletin TM 

TAE 651–0007, Revision 7, dated July 

30, 2010. 

The service information describes 

procedures for installation of a FADEC 

backup battery. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

require installation of a FADEC backup 

battery, replacement of the supplement 

pilot’s operating handbook and FAA 

approved airplane flight manual, and 

revision of the limitations section of the 

supplement airplane maintenance 

manual. 

Costs of Compliance 

We estimate that this proposed AD 

would affect zero airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed modification: 

Labor cost Parts cost Total cost per airplane Total cost on U.S. 

operators 

7 work-hours × $85 per hour = $595 .................................................................. $780 $1,375 ....................... Not applicable. 

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 have 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 that the 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. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information 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 Docket Office (telephone 

(800) 647–5527) is located at the street 

address stated 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. 

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: 

Piper Aircraft, Inc.: Docket No. FAA–2010– 

1006; Directorate Identifier 2009–CE– 

057–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by 

November 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model PA–28–161 

airplanes, all serial numbers, that are: 

(1) Equipped with Thielert Aircraft Engine 

GmbH (TAE) Engine Model TAE–125–01 

installed per Supplemental Type Certificate 

(STC) No. SA03303AT; and 

(2) Certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 72: Engine. 

Unsafe Condition 

(e) This AD results from an incident where 

an airplane experienced an in-flight engine 

shutdown caused by a momentary loss of 

electrical power to the FADEC. We are 

issuing this AD to prevent interruption of 

electrical power to the FADEC, which could 

result in an uncommanded engine shutdown. 

This failure could lead to a loss of engine 

power. 

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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 61657 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Modify the engine electrical system by installing a backup battery system and associated wiring and circuitry. Within the next 100 hours time-in-service after 

the effective date of this AD or within 30 

days after the effective date of this AD, 

whichever occurs first. 

Follow Thielert Aircraft Engines GmbH Service Bulletin TM TAE 651–0007, Revision 7, 

dated July 30, 2010. 

(2) Revise the airworthiness limitations section 

to require repetitive replacement of the 

FADEC backup battery every 12 calendar 

months. Thereafter, except as provided in 

paragraph (g) of this AD, no alternative replacement times may be approved for this 

part. 

Before further flight after doing the modification required in paragraph (f)(1) of this AD. Incorporate Chapter 40–AMM–04–01 ‘‘Airworthiness Limitations, Revision 1’’, dated 

January 25, 2010, of Thielert Aircraft Engines GmbH Supplement Airplane Maintenance Manual Piper PA28–161 TAE 125– 

01, Doc. No.: AMM–40–01 US–Version) 

Version: 1/1, into TAE Airplane Maintenance Manual Supplement, Piper PA28/ 

TAE 125–01, AMM–40–01 (US–Version), 

Rev. Issue 1, dated February 3, 2006. 

(3) Incorporate Thielert Aircraft Engines GmbH 

Supplement Pilot’s Operating Handbook and 

FAA Approved Airplane Flight Manual, TAE– 

No.: 40–0310–40042, issue 2, revision 0, 

dated June 1, 2010, into the pilot’s operating 

handbook. 

Before further flight after doing the modification required in paragraph (f)(1) of this AD. Not applicable. 

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: Don 

O. Young, Aerospace Engineer, FAA, Atlanta 

ACO, 1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474–5585; 

fax: (404) 474–5606; e-mail: 

don.o.young@faa.gov. 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. 

Related Information 

(h) To get copies of the service information 

referenced in this AD, contact Thielert 

Aircraft Engines Service GmbH, 

Platanenstra+e 14, 09350 Lichtenstein, 

Deutschland; telephone: +49 (37204) 696–0; 

fax: +49 (37204) 696–1910; Internet: http:// 

www.thielert.com/. To view the AD docket, 

go to U.S. Department of Transportation, 

Docket Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 New 

Jersey Avenue, SE., Washington, DC 20590, 

or on the Internet at http:// 

www.regulations.gov. 

Issued in Kansas City, Missouri, on 

September 30, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25208 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0956; Directorate 

Identifier 2010–NM–018–AD] 

RIN 2120–AA64 

Airworthiness Directives; Transport 

Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to revise 

an existing airworthiness directive (AD) 

that applies to transport category 

airplanes that have one or more 

lavatories equipped with paper or linen 

waste receptacles. The existing AD 

currently requires installation of 

placards prohibiting smoking in the 

lavatory and disposal of cigarettes in the 

lavatory waste receptacles; 

establishment of a procedure to 

announce to airplane occupants that 

smoking is prohibited in the lavatories; 

installation of ashtrays at certain 

locations; and repetitive inspections to 

ensure that lavatory waste receptacle 

doors operate correctly. This proposed 

revision to the AD would extend the 

time an airplane may be operated with 

certain missing ashtrays. This proposed 

revision to the AD was prompted by the 

determination that certain compliance 

times required by the existing AD could 

be extended and still address fires 

occurring in lavatories caused by, 

among other things, the improper 

disposal of smoking materials in 

lavatory waste receptacles. The 

proposed revision to the AD would 

continue to prevent possible fires that 

could result from smoking materials 

being dropped into lavatory paper or 

linen waste receptacles. 

DATES: We must receive comments on 

this proposed AD by November 22, 

2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS