Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17295 

* * * * * 

Done in Washington, DC, this 31st day 

of March 2010. 

Gregory Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–7736 Filed 4–5–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0357; Directorate 

Identifier 2010–CE–017–AD; Amendment 

39–16256; AD 2010–08–01] 

RIN 2120–AA64 

Airworthiness Directives; Aircraft 

Industries a.s. Model L 23 Super Blanik 

Gliders 

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 the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective April 

26, 2010. 

On April 26, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by May 21, 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 AD, 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. 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

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 

Emergency AD No.: 2010–0037–E, dated 

March 8, 2010 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

For the reasons stated above, this 

Emergency AD requires the inspection of the 

elevator inner hinges, and the 

accomplishment of the relevant corrective 

actions as necessary. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Aircraft Industries a.s. has issued 

Mandatory Bulletin MB No.: L23/052a, 

dated March 2, 2010. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, 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 the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

This AD is considered an interim 

action because we are not including the 

action that you repetitively inspect the 

elevator inner hinges on the stabilizer at 

intervals not to exceed every 1,000 

hours time-in-service (TIS). The 

Administrative Procedure Act does not 

permit the FAA to ‘‘bootstrap’’ a longterm requirement into an urgent safety 

of flight action where the rule becomes 

effective at the same time the public has 

the opportunity to comment. The shortterm action and the long-term action are 

analyzed separately for justification to 

bypass prior public notice. 

After issuing this AD, we may initiate 

further AD action (notice of proposed 

rulemaking followed by a final rule) to 

require that you repetitively inspect the 

elevator inner hinges on the stabilizer at 

intervals not to exceed every 1,000 

hours TIS. Credit will be given in any 

subsequent action for the initial 

inspection done under this AD. 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

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 


sroberts on DSKD5P82C1PROD with RULES
17296 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because during inspection, cracks 

have been found on the stabilizer 

elevator inner hinges of seven Model L 

23 Super Blanik gliders. This condition, 

if not corrected, could result in no 

longer retaining the elevator in its place 

and in jamming of the elevator control 

system and subsequent loss of elevator 

control. 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. 

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–2010–0357; 

Directorate Identifier 2010–CE–017–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 we receive 

about this AD. 

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 that 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. 

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 adding 

the following new AD: 

2010–08–01 Aircraft Industries a.s.: 

Amendment 39–16256; Docket No. 

FAA–2010–0357; Directorate Identifier 

2010–CE–017–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 26, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models L 23 Super 

Blanik gliders, all serial numbers, certificated 

in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

For the reasons stated above, this 

Emergency AD requires the inspection of the 

elevator inner hinges, and the 

accomplishment of the relevant corrective 

actions as necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight as of April 26, 2010 

(the effective date of this AD), inspect the 

elevator inner hinges on the stabilizer in 

accordance with paragraphs A.1., A.2. and 

A.4. of Aircraft Industries, a.s. Mandatory 

Bulletin MB No.: L23/052a, dated March 2, 

2010. 

(2) If, as a result of the inspection required 

by paragraph (f)(1) of this AD, you find any 

elevator inner hinge on the elevator is 

cracked or damaged, before further flight, 

replace it in accordance with paragraphs A.3. 

and A.4. of Aircraft Industries, a.s. 

Mandatory Bulletin MB No.: L23/052a, dated 

March 2, 2010. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) The MCAI and the service information 

specify that you inspect the elevator inner 

hinges on the stabilizer, and if you find any 

elevator inner hinge on the elevator is 

cracked or damaged, before further flight, 

replace it. The MCAI also requires you to 

repetitively inspect the elevator inner hinges 

on the stabilizer at intervals not to exceed 

every 1,000 hours time-in-service (TIS). 

(2) This AD is considered an interim action 

because we are not including the mandatory 

repetitive inspection of the elevator inner 

hinges on the stabilizer at intervals not to 

exceed every 1,000 hours TIS. The 

Administrative Procedure Act does not 

permit the FAA to ‘‘bootstrap’’ a long-term 

requirement into an urgent safety of flight 

action where the rule becomes effective at the 

same time the public has the opportunity to 

comment. The short-term action and the 

long-term action are analyzed separately for 

justification to bypass prior public notice. 

(3) After issuing this AD, we may initiate 

further AD action (notice of proposed 

rulemaking followed by a final rule) to 

require that you repetitively inspect the 

elevator inner hinges on the stabilizer at 

intervals not to exceed every 1,000 hours TIS. 

Credit will be given in any subsequent action 

for the initial inspection done under this 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 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17297 

1The regulations of the Commission can be found 

at 17 CFR Chapter 1. 

2 In general, the concept of ‘‘account class’’ 

governs the manner in which the trustee calculates 

the net equity (i.e., claims against the estate) and 

the allowed net equity (i.e., pro rata share of the 

estate) for each customer of a commodity broker in 

bankruptcy. 

3The Act can be found at 7 U.S.C. 1–23. 

4 74 FR 40794 (August 13, 2009). 

5The Notice proposed defining ‘‘cleared OTC 

derivatives’’ as: 

Positions in commodity contracts that have not 

been entered into or traded on a contract market (as 

such term is defined in § 1.3(h) of this chapter) or 

on a derivatives transaction execution facility 

(within the meaning of Section 5a of the Act), but 

which nevertheless are submitted by a commodity 

broker that is a futures commission merchant (as 

such term is defined in § 1.3(p) of this chapter) for 

clearing by a clearing organization (as such term is 

defined in this section), along with the money, 

securities, and/or other property margining, 

guaranteeing, or securing such positions, which are 

required to be segregated, in accordance with a rule, 

regulation, or order issued by the Commission, or 

which are required to be held in a separate account 

for cleared OTC derivatives only, in accordance 

with the rules or bylaws of a clearing organization 

(as such term is defined in this section). 

Id. at 40799. 

6 7 U.S.C. 6d. 

ATTN: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; 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 EASA Emergency AD 

No.: 2010–0037–E, dated March 8, 2010, and 

Aircraft Industries, a.s. Mandatory Bulletin 

MB No.: L23/052a, dated March 2, 2010, for 

related information. 

Material Incorporated by Reference 

(i) You must use Aircraft Industries, a.s. 

Mandatory Bulletin MB No.: L23/052a, dated 

March 2, 2010, 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 Aircraft Industries, a.s.—Na 

za ́honech1177, 686 04 Kunovice, Czech 

Republic; telephone: +420 572 817 660; fax: 

+420 572 816 112; E-mail: ots@let.cz; 

Internet: www.let.cz. 

(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 March 

29, 2010. 

Steven R. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–7591 Filed 4–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 190 

RIN 3038–AC94 

Account Class 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rules. 

SUMMARY: The Commodity Futures 

Trading Commission (the 

‘‘Commission’’) is amending its 

regulations (the ‘‘Regulations’’) 1 to 

create a sixth and separate ‘‘account 

class,’’ 2 applicable only to the 

bankruptcy of a commodity broker that 

is a futures commission merchant 

(‘‘FCM’’), for positions in cleared overthe-counter (‘‘OTC’’) derivatives (and 

money, securities, and/or other property 

margining, guaranteeing, or securing 

such positions). 

Further, the Commission is amending 

the Regulations to codify the 

appropriate allocation, in a bankruptcy 

of any commodity broker, of positions 

in commodity contracts of one account 

class (and the money, securities, and/or 

other property margining, guaranteeing, 

or securing such positions), which, 

pursuant to an order issued by the 

Commission under Section 4d of the 

Commodity Exchange Act (the ‘‘Act’’),3

are commingled with positions in 

commodity contracts of the futures 

account class (and the money, 

securities, and/or other property 

margining, guaranteeing, or securing 

such positions). 

DATES: Effective Date: The final rules are 

effective as of May 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert B. Wasserman, Associate 

Director, Division of Clearing and 

Intermediary Oversight, 202–418–5092, 

rwasserman@cftc.gov; or Nancy 

Schnabel, Special Counsel, Division of 

Clearing and Intermediary Oversight, 

202–418–5344, nschnabel@cftc.gov; 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 13, 2009, the Commission 

published a Notice of Proposed 

Rulemaking, which contained the 

following three proposals (the 

‘‘Notice’’).4 First, the Notice proposed 

amending Regulation 190.01(a), as well 

as adding new Regulation 190.01(oo), to 

create a sixth and separate account 

class, applicable only to the bankruptcy 

of a commodity broker that is an FCM, 

for positions in ‘‘cleared OTC 

derivatives’’ (and money, securities, 

and/or other property margining, 

guaranteeing, or securing such 

positions).5 Second, the Notice 

proposed further amending Regulation 

190.01(a) to codify the appropriate 

allocation, in a bankruptcy of any 

commodity broker, of positions in 

commodity contracts of one account 

class (and relevant collateral), which, 

pursuant to an order issued by the 

Commission under Section 4d of the 

Act 6 (a ‘‘Section 4d Order’’), are 

commingled with positions in 

commodity contracts of the futures 

account class (and relevant collateral). 

Third, the Notice proposed making 

certain conforming amendments to 

Regulation 190.07(b)(2)(viii) and Form 4 

(Proof of Claim) in Appendix A to 

Regulation Part 190 (Bankruptcy 

Forms). 

Although, as mentioned above, the 

Notice proposed creating a new account 

class for positions in cleared OTC 

derivatives (and relevant collateral), the 

Notice declined to propose substantive 

requirements, applicable prior to the 

bankruptcy of a commodity broker that 

is an FCM, for the treatment of such 

positions (and relevant collateral). 

Rather, the Notice stated that ‘‘the 

Commission proposes to define ‘cleared 

OTC derivatives’ in such a manner as to 

specify the sources from which such 

substantive requirements may 


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