39472 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed Rules 

(d) Adequate protection. The adequate 

protection referred to in paragraph (c) of 

this section may be provided by: 

(1) Requiring the limited-life 

regulated entity to make a cash payment 

or periodic cash payments to the holder 

of the earlier lien, to the extent that 

there is likely to be a decrease in the 

value of such holder’s interest in the 

property subject to the lien; 

(2) Providing to the holder of the 

earlier lien an additional or replacement 

lien to the extent that there is likely to 

be a decrease in the value of such 

holder’s interest in the property subject 

to the lien; or 

(3) Granting the holder of the earlier 

lien such other relief, other than 

entitling such holder to compensation 

allowable as an administrative expense 

under section 1367(c) of the Safety and 

Soundness Act, as will result in the 

realization by such holder of the 

equivalent of such holder’s interest in 

such property. 

Subpart D—Other 

§ 1237.12 Capital distributions while in 

conservatorship. 

(a) Except as provided in paragraph 

(b) of this section, a regulated entity 

shall make no capital distribution while 

in conservatorship. 

(b) The Director may authorize, or 

may delegate the authority to authorize, 

a capital distribution that would 

otherwise be prohibited by paragraph (a) 

of this section if he or she determines 

that such capital distribution: 

(1) Will enhance the ability of the 

regulated entity to meet the risk-based 

capital level and the minimum capital 

level for the regulated entity; 

(2) Will contribute to the long-term 

financial safety and soundness of the 

regulated entity; 

(3) Is otherwise in the interest of the 

regulated entity; or 

(4) Is otherwise in the public interest. 

(c) This section is intended to 

supplement and shall not replace or 

affect any other restriction on capital 

distributions imposed by statute or 

regulation. 

§ 1237.13 Payment of Securities Litigation 

Claims while in conservatorship. 

(a) Payment of Securities Litigation 

Claims while in conservatorship. The 

Agency, as conservator, will not pay a 

Securities Litigation Claim against a 

regulated entity, except to the extent the 

Director determines is in the interest of 

the conservatorship. 

(b) Claims against limited-life 

regulated entities. A limited-life 

regulated entity shall not assume, 

acquire, or succeed to any obligation 

that a regulated entity for which a 

receiver has been appointed may have 

to any shareholder of the regulated 

entity that arises as a result of the status 

of that person as a shareholder of the 

regulated entity, including any 

Securities Litigation Claim. No 

shareholder or creditor of a regulated 

entity shall have any right or claim 

against the charter of the regulated 

entity once the Agency has been 

appointed receiver for the regulated 

entity and a limited-life regulated entity 

succeeds to the charter pursuant to this 

section. 

§ 1237.14 [Reserved]. 

CHAPTER XVII—OFFICE OF FEDERAL 

HOUSING ENTERPRISE OVERSIGHT, 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PART 1777—PROMPT CORRECTIVE 

ACTION 

2. The authority citation for part 1777 

is revised to read as follows: 

Authority: 12 U.S.C. 1452(b)(2), 1456(c), 

1718(c)(2), 1723a(k), 4513(a), 4513(b), 4514, 

4517, 4611–4618, 4622, 4623, 4631, 4635. 

3. Amend § 1777.3 by revising the 

definition of ‘‘Capital distribution’’ to 

read as follows: 

§ 1777.3 Definitions. 

* * * * * 

Capital distribution means: 

(1) Any dividend or other distribution 

in cash or in kind made with respect to 

any shares of, or other ownership 

interest in, an Enterprise, except a 

dividend consisting only of shares of the 

Enterprise; 

(2) Any payment made by an 

Enterprise to repurchase, redeem, retire, 

or otherwise acquire any of its shares or 

other ownership interests, including any 

extension of credit made to finance an 

acquisition by the Enterprise of such 

shares or other ownership interests, 

except to the extent the Enterprise 

makes a payment to repurchase its 

shares for the purpose of fulfilling an 

obligation of the Enterprise under an 

employee stock ownership plan that is 

qualified under the Internal Revenue 

Code of 1986 (26 U.S.C. 401 et seq.) or 

any substantially equivalent plan as 

determined by the Director of FHFA in 

writing in advance; and 

(3) Any payment of any claim, 

whether or not reduced to judgment, 

liquidated or unliquidated, fixed, 

contingent, matured or unmatured, 

disputed or undisputed, legal, equitable, 

secured or unsecured, arising from 

rescission of a purchase or sale of an 

equity security of an Enterprise or for 

damages arising from the purchase, sale, 

or retention of such a security. 

* * * * * 

Dated: June 30, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2010–16723 Filed 7–8–10; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0691; Directorate 

Identifier 2010–CE–027–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eclipse 

Aerospace, Inc. Model EA500 

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 certain 

Eclipse Aerospace, Inc. (Eclipse) Model 

EA500 airplanes. This proposed AD 

would require incorporating changes to 

the electronic flight information system 

and the airplane flight manuals. This 

proposed AD results from reports of 

uncommanded changes to the 

communications radio frequency, 

altitude preselect, and/or transponder 

codes. We are proposing this AD to 

correct faulty integration of hardware 

and software, which could result in 

unannunciated, uncommanded changes 

in communications radio frequency, 

transponder codes, and altitude 

preselect settings. These uncommanded 

changes could result in loss of 

communication with air traffic control 

due to improper communications 

frequency, autopilot level off at the 

incorrect altitude, or air traffic control 

loss of proper tracking of the aircraft. 

DATES: We must receive comments on 

this proposed AD by August 23, 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. 


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• 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 Eclipse 

Aerospace, Incorporated, 2503 Clark 

Carr Loop, SE., Albuquerque, New 

Mexico 87106; telephone: (505) 724– 

1200. 

FOR FURTHER INFORMATION CONTACT: Eric 

Kinney, Aerospace Engineer, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone: (817) 222–5459; fax: 

(817) 222–5960. 

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–2010–0691; Directorate 

Identifier 2010–CE–027–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 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

We have received reports of 

uncommanded changes in 

communications radio frequency, 

transponder codes, and altitude 

preselect settings on Eclipse EA500 

airplanes. The majority of reports 

consisted of uncommanded transponder 

code changes, instances of 

uncommanded altitude preselect 

changes have also been noted. The 

uncommanded radio frequencies 

settings have only been reported during 

flight test. Root cause was determined to 

be a software communication 

integration issue between the EFIS 

display interface and associated 

hardware. 

This condition, if not corrected, could 

result in uncommanded changes in 

communications radio frequency, 

transponder codes, and altitude 

preselect settings. These uncommanded 

changes could result in loss of 

communication with air traffic control 

due to improper communications 

frequency, autopilot level off at the 

incorrect altitude, or air traffic control 

loss of proper tracking of the aircraft. 

Relevant Service Information 

We have reviewed Eclipse Aviation 

Required Service Bulletin SB 500–31– 

015, REV D, dated January 14, 2009; and 

Eclipse Aviation Recommended Service 

Bulletin SB 500–99–005, REV A, dated 

February 16, 2009. 

The service information describes 

procedures for incorporating changes to 

the electronic flight information system 

by the following means: 

• the electronic flight instrument 

system 1.3 software update; and 

• the avionics upgrade to AVIO NG + 

1.5 configuration. 

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 you to incorporate changes to 

the electronic flight information system 

and the airplane flight manuals. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 168 airplanes in the U.S. 

registry. 

Owners/operators would comply with 

this proposed AD action by doing either 

of the following update options. We 

have no way of knowing the number of 

airplanes that would receive each of 

these upgrades. 

We estimate the following costs to do 

the proposed electronic flight 

instrument system 1.3 software update: 

Labor cost Parts cost Total cost per airplane 

2 work-hours × $85 per hour = $170 ...................................................... $600 to $1,500 .............................. $770 to $1,670. 

We estimate the following costs to do 

the proposed avionics upgrade to AVIO 

NG + 1.5 configuration: 

Labor cost Parts cost Total cost per 

airplane 

198 work-hours × $85 per hour = $16,830 ............................................................................................................. $233,120 $249,950 

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; 


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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: 

Eclipse Aerospace, Inc.: Docket No. FAA– 

2010–0691; Directorate Identifier 2010– 

CE–027–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by 

August 23, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model EA500 

airplanes with the following serial numbers 

(SNs) that are certificated in any category: 

(1) SNs 000105 through 000112, 000116 

through 000119, 000121 through 000122, and 

000125 through 000260; 

(2) SNs 000039 through 000104, 000113 

through 000115, 000120, and 000123 through 

000124, that incorporate Performance 

Enhancement & Drag Reduction Modification 

per any revision level of Eclipse SB 500–99– 

001; and 

(3) SNs 000001 through 000038, that 

incorporate Performance Enhancement & 

Drag Reduction Modification per any 

revision level of Eclipse SB 500–99–001 and 

Avionics Upgrade to AVIO NG Configuration 

for ETT Configured Aircraft per any revision 

level of Eclipse SB 500–99–002. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 23: Communications. 

Unsafe Condition 

(e) This AD results from reports of 

uncommanded changes to the 

communications radio frequency, altitude 

preselect, and/or transponder codes. We are 

issuing this AD to correct faulty integration 

of hardware and software, which could result 

in unannunciated, uncommanded changes in 

communications radio frequency, 

transponder codes, and altitude preselect 

settings. These uncommanded changes could 

result in loss of communication with air 

traffic control due to improper 

communications frequency, autopilot level 

off at the incorrect altitude, or air traffic 

control loss of proper tracking of the aircraft. 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Incorporate either of the following set of upgrades: 

(i) Electronic flight instrument system 

(EFIS) 1.3 software update with one of 

the following airplane flight manual revisions: 

Incorporate within the next 6 months after the 

effective date of this AD. 

Follow, as appropriate, Eclipse Aviation Required Service Bulletin SB 500–31–015, 

REV D, dated January 14, 2009; or Eclipse 

Aviation Recommended Service Bulletin SB 

500–99–005, REV A, dated February 16, 

2009. 

(A) Temporary Revision (TR) 010, Airplane 

Flight Manual part number (P/N) 

06-122204 Before 3–45, Revision 01 and 

TR 009, Quick Reference Handbook P/N 

06-122205, Revision 01; 

(B) TR 010A, Airplane Flight Manual P/N 

06–122204 Before 3–51, Revision 02 

and TR 009A, Quick Reference Handbook P/N 06–122205, Revision 02, or 

(C) Airplane Flight Manual P/N 06-122204 

Revision 3, dated February 3, 2010, and 

Quick Reference Handbook P/N 

06-122205, Revision 03. 

(ii) Avionics upgrade to AVIO NG + 1.5 

Configuration and Aircraft Flight Manual, 

P/N 06-122204, Revision 2, dated November 7, 2008, or AVIO NG + 1.5 configuration and Aircraft Flight Manual, P/N 

06-122204, Revision 3, dated February 

10, 2010. 


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Actions Compliance Procedures 

(2) Send the completed service bulletin compliance record required by paragraph (f)(1)(i) of 

this AD or paragraph (f)(1)(ii) of this AD to 

the address identified in paragraph (g) of this 

AD. 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. 

Within 30 days after you incorporate the revisions required by paragraph (f)(1)(i) of this 

AD or paragraph (f)(1)(ii) of this AD or within 30 days after the effective date of this 

AD, whichever occurs later. 

Not Applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Fort Worth Airplane 

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: Eric 

Kinney, Fort Worth ACO, Aerospace 

Engineer, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone: (817) 222–5459; fax: 

(817) 222–5960. 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 Eclipse 

Aviation Corporation, 2503 Clark Carr Loop, 

SE., Albuquerque, New Mexico 87106; 

telephone: (505) 724–1200. 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 July 1, 

2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–16740 Filed 7–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL SERVICE 

39 CFR Part 20 

International Mail: Proposed Changes 

in Prices and Fees 

AGENCY: Postal Service.TM

ACTION: Proposed rule. 

SUMMARY: In July 2010, the Postal 

Service filed a notice of mailing services 

price adjustments with the Postal 

Regulatory Commission, effective in 

January 2011. This proposed rule 

provides the mailing standards that 

would accompany new prices in 2011. 

DATES: We must receive your comments 

on or before August 9, 2010. 

ADDRESSES: Mail or deliver comments to 

the Manager, Mailing Standards, U.S. 

Postal Service®, 475 L’Enfant Plaza, 

SW., RM 3436, Washington, DC 20260– 

3436. You may inspect and photocopy 

all written comments between 9 a.m. 

and 4 p.m., Monday through Friday, at 

USPS® Headquarters Library, 11th Floor 

North, 475 L’Enfant Plaza, SW., 

Washington, DC. E-mail comments, 

containing the name and address of the 

commenter, may be sent to: 

MailingStandards@usps.gov, with a 

subject line of ‘‘International January 

2011 Price Change.’’ Faxed comments 

are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Obataiye B. Akinwole at 703–292–5260. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is proposing to change 

international postage prices and fees in 

January 2011. Proposed prices are, or 

will be available, under Docket 

Number(s) R2010–XX on the Postal 

Regulatory Commission’s Web site, 

http://www.prc.gov. 

This proposed rule includes price 

changes and several minor classification 

changes for First-Class Mail 

International®, and extra services. We 

also plan to realign Israel’s First-Class 

Mail International price groups. 

This proposed rule contains the 

revisions to Mailing Standards of the 

United States Postal Service, 

International Mail Manual (IMM®) that 

we would adopt to implement the new 

prices. 

First-Class Mail International 

Our proposal would increase prices 

for First-Class Mail International 

approximately 6.7 percent. 

Postcards 

The proposed price structure for 

postcards includes two separate price 

categories; Canada and Mexico, and all 

other countries. Canada and Mexico, 

previously priced individually, now 

share the same price group. The price 

for postcards increases by 

approximately 2.8 percent. 

International Extra Services 

Our proposal increases prices for 

extra services by approximately 11.8 

percent. The prices for the following 

First-Class Mail International extra 

services are proposed to change for: 

• Certificate of Mailing 

• Customs Clearance and Delivery Fee 

• International Reply Coupons 

• International Business Reply Service 

• Registered MailTM

• Return Receipt 

• Restricted Delivery 

Israel 

To align operational efficiencies more 

closely with costs, we propose moving 

Israel from Price Group 8 to Price Group 

5 for First-Class Mail International 

service only. 

The prices and fees proposed in this 

notice, if adopted, would become 

effective in January 2011. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

553(b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites public comment 

on the following proposed revisions to 

the Mailing Standards of the United 

States Postal Service, International Mail 

Manual (IMM), incorporated by 

reference in the Code of Federal 

Regulations. See 39 CFR Part 20.1. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

Accordingly, 39 CFR part 20 is 

proposed to be amended as follows: 

PART 20—[AMENDED] 

1. The authority citation for 39 CFR 

Part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

2. Revise the following sections of the 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) as follows: 

* * * * * 


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