57844 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

text and adding paragraphs (c)(2)(i) and 

(c)(2)(ii) introductory text prior to the 

table to read as follows: 

§ 701.34 Designation of low income status; 

Acceptance of secondary capital accounts 

by low-income designated credit unions. 

* * * * * 

(b) * * * 

(7) Availability to cover losses. Funds 

deposited into a secondary capital 

account, including interest accrued and 

paid into the secondary capital account, 

must be available to cover operating 

losses realized by the LICU that exceed 

its net available reserves (exclusive of 

secondary capital and allowance 

accounts for loan and lease losses), and 

to the extent funds are so used, the LICU 

must not restore or replenish the 

account under any circumstances. The 

LICU may, in lieu of paying interest into 

the secondary capital account, pay 

accrued interest directly to the investor 

or into a separate account from which 

the secondary capital investor may 

make withdrawals. Losses must be 

distributed pro-rata among all secondary 

capital accounts held by the LICU at the 

time the losses are realized. In instances 

where a LICU accepted secondary 

capital from the United States 

Government or any of its subdivisions 

under the Community Development 

Capital Initiative of 2010 (‘‘CDCI 

secondary capital’’) and matching funds 

were required under the Initiative and 

are on deposit in the form of secondary 

capital at the time a loss is realized, a 

LICU must apply either of the following 

pro-rata loss distribution procedures to 

its secondary capital accounts with 

respect to the loss: 

(i) If not inconsistent with any 

agreements governing other secondary 

capital on deposit at the time a loss is 

realized, the CDCI secondary capital 

may be excluded from the calculation of 

the pro-rata loss distribution until all of 

its matching secondary capital has been 

depleted, thereby causing the CDCI 

secondary capital to be held as senior to 

all other secondary capital until its 

matching secondary capital is 

exhausted. The CDCI secondary capital 

should be included in the calculation of 

the pro-rata loss distribution and is 

available to cover the loss only after all 

of its matching secondary capital has 

been depleted. 

(ii) Regardless of any agreements 

applicable to other secondary capital, 

the CDCI secondary capital and its 

matching secondary capital may be 

considered a single account for 

purposes of determining a pro-rata share 

of the loss and the amount determined 

as the pro-rata share for the combined 

account must first be applied to the 

matching secondary capital account, 

thereby causing the CDCI secondary 

capital to be held as senior to its 

matching secondary capital. The CDCI 

secondary capital is available to cover 

the loss only after all of its matching 

secondary capital has been depleted. 

* * * * * 

(c) * * * 

(2) Schedule for recognizing net worth 

value. The LICU’s reflection of the net 

worth value of the accounts in its 

financial statement may never exceed 

the full balance of the secondary capital 

on deposit after any early redemptions 

and losses. For accounts with remaining 

maturities of less than five years, the 

LICU must reflect the net worth value of 

the accounts in its financial statement in 

accordance with the lesser of: 

(i) The remaining balance of the 

accounts after any redemptions and 

losses; or 

(ii) The amounts calculated based on 

the following schedule: 

* * * * * 

[FR Doc. 2010–23652 Filed 9–22–10; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0555; Directorate 

Identifier 2010–NM–053–AD; Amendment 

39–16438; AD 2010–20–04] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP (Type Certificate 

Previously Held by Israel Aircraft 

Industries, Ltd.) Model Galaxy and 

Gulfstream 200 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (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) 

originated 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: 

Extension of airbrakes above 360 KIAS 

[knots indicated air speed]/0.79 Mi [Mach 

indicated] results in aerodynamic driven 

vibration of the airbrake which, if not limited 

per Revision 14 to the AFM [airplane flight 

manual], can lead to high cycle fatigue failure 

of the airbrake in-board hinge. 

The unsafe condition is high cycle 

fatigue of the airbrake in-board hinge, 

which can result in loss of the airbrake, 

which in turn can lead to reduced 

controllability of the airplane. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

October 28, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Mike Borfitz, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2677; fax (425) 227–1149. 

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 June 25, 2010 (75 FR 36296). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Extension of airbrakes above 360 KIAS 

[knots indicated air speed]/0.79 Mi [Mach 

indicated] results in aerodynamic driven 

vibration of the airbrake which, if not limited 

per Revision 14 to the AFM [airplane flight 

manual], can lead to high cycle fatigue failure 

of the airbrake in-board hinge. 

The unsafe condition is high cycle 

fatigue of the airbrake in-board hinge, 

which can result in loss of the airbrake, 

which in turn can lead to reduced 

controllability of the airplane. The 

required action includes revising the 

Limitations section of the Gulfstream 

200 Airplane Flight Manual to prohibit 

deploying the air brakes above the 

stated speed. 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57845 

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 our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 90 products of U.S. registry. We 

also estimate that it will take about 1 

work-hour 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 to the U.S. operators to 

be $7,650, or $85 per product. 

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 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 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 Operations office 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 Operations 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, 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: 

2010–20–04 Gulfstream Aerospace LP 

(Type Certificate Previously Held by 

Israel Aircraft Industries, Ltd.): 

Amendment 39–16438. Docket No. 

FAA–2010–0555; Directorate Identifier 

2010–NM–053–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 28, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Gulfstream 

Aerospace LP (Type Certificate previously 

held by Israel Aircraft Industries, Ltd.) Model 

Galaxy and Gulfstream 200 airplanes, all 

serial numbers, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Extension of airbrakes above 360 KIAS 

[knots indicated air speed]/0.79 Mi [Mach 

indicated] results in aerodynamic driven 

vibration of the airbrake which, if not limited 

per Revision 14 to the AFM [airplane flight 

manual], can lead to high cycle fatigue failure 

of the airbrake in-board hinge. 

The unsafe condition is high cycle fatigue of 

the airbrake in-board hinge, which can result 

in loss of the airbrake, which in turn can lead 

to reduced controllability of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 60 days after the effective date 

of this AD: Revise the Limitations section of 

the Gulfstream 200 AFM to include the 

following statement. This may be done by 

inserting a copy of this AD into the AFM. 

‘‘MAXIMUM AIR BRAKES OPERATION/ 

EXTENDED SPEED 

360 KIAS/0.79 Mi

NOTE 

During emergency, air brakes may be used 

at speeds above 0.79 Mi.’’ 

Note 1: When a statement identical to that 

in paragraph (g) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

Note 2: The Gulfstream 200 AFM applies 

to both the Model Galaxy and Gulfstream 200 

airplanes. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: 

No differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Mike Borfitz, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2677; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
57846 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

The AMOC approval letter must specifically 

reference this AD. 

(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 FAAapproved 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 

(i) Refer to MCAI Israeli Airworthiness 

Directive 01–10–01–07R1, dated January 20, 

2010, for related information. 

Material Incorporated by Reference 

(j) None. 

Issued in Renton, Washington, on 

September 10, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–23741 Filed 9–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0632; Directorate 

Identifier 2010–CE–025–AD; Amendment 

39–16426; AD 2010–18–12] 

RIN 2120–AA64 

Airworthiness Directives; Robert E. 

Rust, Jr. Model DeHavilland DH.C1 

Chipmunk 21, DH.C1 Chipmunk 22, 

and DH.C1 Chipmunk 22A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to the products listed above. 

The AD number in the 14 CFR Part 39 

section and the § 39.13 [Amended] 

section is incorrect. This document 

corrects that error. In all other respects, 

the original document remains the 

same. 

DATES: This AD remains effective 

October 7, 2010. 

ADDRESSES: 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 address for the 

Docket Office (phone: 800–647–5527) is 

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: 

Carey O’Kelley, Aerospace Engineer, 

FAA, Atlanta Aircraft Certification 

Office (ACO), 1701 Columbia Avenue, 

College Park, Georgia 30337; telephone: 

(404) 474–5543; fax: (404) 474–5606; 

e-mail: carey.o’kelley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2010–18–12, 

amendment 39–16426 (75 FR 53861, 

September 2, 2010), currently requires 

you to do a one-time inspection of the 

flap operating system for an unapproved 

latch plate design installation, with 

replacement as necessary for Robert E. 

Rust, Jr. Model DeHavilland DH.C1 

Chipmunk 21, DH.C1 Chipmunk 22, and 

DH.C1 Chipmunk 22A airplanes. 

As published, the AD number in the 

14 CFR Part 39 section and § 39.13 

[Amended] section is incorrect. 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

October 7, 2010. 

Correction of Non-Regulatory Text 

In the Federal Register of September 

2, 2010, AD 2010–18–12; Amendment 

39–16426 is corrected as follows: 

On page 53861, in the 3rd column, on 

line 6 under 14 CFR Part 39, change ‘‘AD 

2010–18–01’’ to ‘‘AD 2010–18–12.’’ 

On page 53863, in the 1st column, on 

line 4 under § 39.13 [Amended], change 

‘‘AD 2010–18–01’’ to ‘‘AD 2010–18–12.’’ 

Issued in Kansas City, Missouri, on August 

16, 2010. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–23745 Filed 9–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0777; Airspace 

Docket No. 10–ASO–29] 

Amendment of Class E Airspace; 

Brewton, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class E 

airspace at Brewton Municipal Airport, 

Brewton, AL, by updating the 

geographic coordinates of the airport to 

aid in the navigation of our National 

Airspace System. 

DATES: Effective date: 0901 UTC. 

October 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA received a request from the 

National Aeronautical Navigation 

Services (NANS) to update the 

geographic coordinates of Brewton 

Municipal Airport, Brewton, AL. This 

action makes the adjustment. 

Accordingly, since this is an 

administrative change, and does not 

involve a change in the dimensions or 

operating requirements of that airspace, 

notice and public procedures under 

5 U.S.C. 553(b) are unnecessary. 

The Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them, operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (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) does not 

warrant preparation of a Regulatory 

Evaluation as the anticipated impact is 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1