60198 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

(d) Notice of Anticipated Fees in 

Excess of $100.00. When FHFA 

determines or estimates that the fees 

chargeable to you will exceed $100.00, 

FHFA will notify you of the actual or 

estimated amount of fees you will incur, 

unless you earlier indicated your 

willingness to pay fees as high as those 

anticipated. When you are notified that 

the actual or estimated fees exceed 

$100.00, your FOIA request will not be 

considered received by FHFA until you 

agree to pay the anticipated total fee. 

(e) Advance Payment of Fees. FHFA 

may request that you pay estimated fees 

or a deposit in advance of responding to 

your request. If FHFA requests advance 

payment or a deposit, your request will 

not be considered received by FHFA 

until the advance payment or deposit is 

received. FHFA will request advance 

payment or a deposit only if— 

(1) The fees are likely to exceed 

$500.00. If it appears that the fees will 

exceed $500.00, FHFA will notify you of 

the likely cost and obtain satisfactory 

assurance of full payment if you have a 

history of prompt payment of FOIA fees 

to FHFA. If you do not have a history 

of payment, or if the estimate of fees 

exceeds $1,000.00, FHFA may require 

an advance payment of fees in an 

amount up to the full estimated charge 

that will be incurred; or 

(2) You previously failed to pay a fee 

to FHFA in a timely fashion, i.e., within 

30 calendar days of the date of a billing. 

FHFA may require you to make advance 

payment of the full amount of the fees 

anticipated before processing a new 

request or finishing processing of a 

pending request. If you have an 

outstanding balance due from a prior 

request, FHFA may require you to pay 

the full amount owed plus any 

applicable interest, as provided in 

paragraph (f) of this section, or 

demonstrate that the fee owed has been 

paid, as well as payment of the full 

amount of anticipated fees before 

processing your request. 

(f) Interest. FHFA may charge you 

interest on an unpaid bill starting on the 

31st calendar day following the day on 

which the bill was sent. Once a fee 

payment has been received by FHFA, 

even if not processed, FHFA will stay 

the accrual of interest. Interest charges 

shall be assessed at the rate prescribed 

by 31 U.S.C. 3717 and shall accrue from 

the date of the billing. 

(g) FHFA Assistance to Reduce Costs. 

If FHFA notifies you of estimated fees 

exceeding $100.00 or requests advance 

payment or a deposit, you will have an 

opportunity to consult with FHFA staff 

to modify or reformulate your request to 

meet your needs at a lower cost. 

§ 1202.12 Is there anything else I need to 

know about FOIA procedures? 

The FOIA regulations in this part do 

not and shall not be construed to create 

any right or to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under FOIA. This part only 

provides procedures for requesting 

records under FOIA. 

Dated: September 30, 2008. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E8–23517 Filed 10–9–08; 8:45 am] 

BILLING CODE 8070–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1250 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Part 1773 

RIN 2590–AA09 

Flood Insurance 

AGENCIES: Federal Housing Finance 

Agency; Office of Federal Housing 

Enterprise Oversight. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is requesting public 

comments on issuance of a proposed 

Flood Insurance regulation. The 

proposed regulation would codify the 

authority and responsibility of FHFA to 

oversee and enforce the statutory 

requirements affecting the operations of 

the Federal National Mortgage 

Association and the Federal Home Loan 

Mortgage Corporation under the Flood 

Disaster Protection Act of 1973, as 

amended, and to effect congressionally 

mandated adjustments to the civil 

money penalties applicable to violations 

of that law. 

DATES: Comments on the proposed 

regulation must be received in writing 

on or before December 9, 2008. For 

additional information, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: You may submit your 

comments on the proposed regulation, 

identified by regulatory information 

number (RIN) 2590–AA09, by any of the 

following methods: 

• U.S. Mail, United Parcel Post, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel 

(Office of Federal Housing Enterprise 

Oversight (OFHEO)), Attention: 

Comments/RIN 2590–AA09, Federal 

Housing Finance Agency, Fourth Floor, 

1700 G Street, NW., Washington, DC 

20552. 

• Hand Delivered/Courier: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel (OFHEO), Attention: 

Comments/RIN 2590–AA09, Federal 

Housing Finance Agency, Fourth Floor, 

1700 G Street, NW., Washington, DC 

20552. The package should be logged at 

the Guard Desk, First Floor, on business 

days between 9 a.m. and 5 p.m. 

• E-mail: Comments to Alfred M. 

Pollard, General Counsel (OFHEO) and 

may be sent by e-mail at 

RegComments@FHFA.gov. Please 

include ‘‘RIN 2590–AA09’’ in the 

subject line of the message. 

FOR FURTHER INFORMATION CONTACT: 

Andra Grossman, Counsel, telephone 

(202) 343–1313 (not a toll-free number); 

Federal Housing Finance Agency, 

Fourth Floor, 1700 G Street, NW., 

Washington, DC 20552. The telephone 

number for the Telecommunications 

Device for the Deaf is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Comments 

The Federal Housing Finance Agency 

(FHFA) invites comments on all aspects 

of the proposed regulation, and will take 

all comments into consideration before 

issuing the final regulation. FHFA 

requests that comments submitted in 

hard copy also be accompanied by the 

electronic version in Microsoft Word 

or in portable document format (PDF) 

on 3.5′′ disk or CD–ROM. 

Copies of all comments will be posted 

on the agency internet Web site at: 

https://www.ofheo.gov. In addition, 

copies of all comments received will be 

available for examination by the public 

on business days between the hours of 

10 a.m. and 3 p.m., at the Federal 

Housing Finance Agency, Fourth Floor, 

1700 G Street, NW., Washington, DC 

20552. To make an appointment to 

inspect comments, please call the Office 

of General Counsel (OFHEO) at (202) 

414–6924. 

II. Background 

A. Establishment of the Federal Housing 

Finance Agency 

The Housing and Economic Recovery 

Act of 2008 (HERA), Public Law 110– 

289, 122 Stat. 2654, amended the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992 (12 

U.S.C. 4501 et seq.) (Act) to establish 

FHFA as an independent agency of the 


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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60199 

1See Division A, titled the ‘‘Federal Housing 

Finance Regulatory Reform Act of 2008,’’ TITLE I, 

Section 1101 of HERA. 

2See sec. 1302 and sec. 1312 of HERA. 

3Codified at 42 U.S.C. 4001 et seq. and other 

scattered sections of 42 U.S.C. 

4Codified at 42 U.S.C. 4002 et seq. and other 

scattered sections of 42 U.S.C. 

5Title V of the Riegle Community Development 

and Regulatory Improvement Act of 1994, Public 

Law 103–325 (Sept. 23, 1994) (codified, as 

amended, at 42 U.S.C. 4001–4129, and other 

sections of the United States Code. 

6 42 U.S.C. 4012a(b)(3). 

7 42 U.S.C. 4001 note (Pub. L. 103–325, Title V, 

Sec. 583). 

8 42 U.S.C. 4012a(f)(3). 

9 42 U.S.C. 4012a(b)(3). 

10 42 U.S.C. 4012a(f)(3). 

11 28 U.S.C. 2461 note. 

12 66 FR 65101 (Dec. 18, 2001); 12 CFR part 1773. 

Federal Government.1 The FHFA was 

established to oversee the prudential 

operations of the Federal National 

Mortgage Association, the Federal Home 

Loan Mortgage Corporation 

(collectively, Enterprises), and the 

Federal Home Loan Banks (collectively, 

Regulated Entities) and to ensure that 

they operate in a safe and sound manner 

including being capitalized adequately; 

foster liquid, efficient, competitive and 

resilient national housing finance 

markets; comply with the Act and rules, 

regulation, guidelines and orders issued 

under the Act, and the respective 

authorizing statutes of the Regulated 

Entities; and carry out their missions 

through activities authorized and 

consistent with the Act and their 

authorizing statutes; and, that the 

activities and operations of the 

Regulated Entities are consistent with 

the public interest. 

The Office of Federal Housing 

Enterprise Oversight (OFHEO) and the 

Federal Housing Finance Board (FHFB) 

will be abolished one year after 

enactment of the HERA. However, the 

Regulated Entities continue to operate 

under regulations promulgated by 

OFHEO and FHFB and such regulations 

are enforceable by the Director of FHFA 

until such regulations are modified, 

terminated, set aside, or superseded by 

the Director of FHFA.2

B. Flood Insurance Responsibilities 

The National Flood Insurance Act of 

1968 3 and the Flood Disaster Protection 

Act of 1973,4 as amended by the 

National Flood Insurance Reform Act of 

1994 (NFIRA),5 together create a 

comprehensive National Flood 

Insurance Program that includes various 

provisions designed to ensure that 

structures built in flood plains are 

covered by statutory minimum amounts 

of flood insurance. The NFIRA has 

specific requirements explicitly 

applicable to the Enterprises.6 It 

originally designated OFHEO as the 

Federal agency responsible for 

determining compliance of the 

Enterprises’ flood insurance 

responsibilities and provided OFHEO 

with the authority to issue any 

regulations necessary to carry out the 

applicable provisions of NFIRA.7 The 

NFIRA also authorized OFHEO to 

impose civil money penalties upon an 

Enterprise that fails to implement 

procedures reasonably designed to 

ensure that the loans it purchases 

comply with the mandatory flood 

insurance purchase requirements.8

Section 1161(e) of HERA amended 

section 102(f)(3)(A) of the Flood Disaster 

Protection Act of 1973, as amended (42 

U.S.C. 4012a(f)(3)(a)), by replacing 

OFHEO with FHFA as the agency 

responsible for determining compliance 

of the Enterprises’ flood insurance 

responsibilities. Thus, FHFA is 

proposing to issue a regulation to codify 

the authority and responsibility of 

FHFA to oversee and enforce the 

statutory requirements affecting the 

operations of the Enterprises under the 

Flood Disaster Insurance Act of 1973, as 

amended, and to effect congressionally 

mandated adjustments to the civil 

money penalties applicable to violations 

of that law. The proposed regulation, 

when published in its final form, would 

supersede the OFHEO Flood Insurance 

regulation, 12 CFR Part 1773. 

The Enterprises have a key role in the 

implementation of the Federal 

government’s flood insurance program, 

particularly with regard to lenders that 

are not subject to direct supervision by 

a Federal regulatory agency. The 

Enterprises use their seller/servicer 

guidelines and other quality control 

review procedures to ensure that 

lenders with whom they contract 

comply with the applicable flood 

insurance laws. More specifically, each 

Enterprise is required to implement 

procedures reasonably designed to 

ensure that any mortgage loan that is 

purchased and is secured by property 

located in a designated flood hazard 

area is covered for the term of the loan 

by flood insurance in an amount at least 

equal to the lesser of (1) the outstanding 

principal balance of the loan or (2) the 

maximum limit of coverage made 

available for that type of property.9

C. Adjustment of Civil Money Penalties 

for Inflation 

The Flood Disaster Protection Act of 

1973, as amended, sets forth the 

procedures under which the Director of 

OFHEO could impose civil money 

penalties against an Enterprise and the 

amounts of these civil money 

penalties.10 The proposed regulation 

would adjust the amounts of these civil 

money penalties in accordance with the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996 

(Inflation Adjustment Act).11 The 

proposed increases in maximum civil 

money penalty amounts do not mandate 

the amount of any civil money penalty 

that FHFA may seek for a particular 

violation. FHFA would continue to 

determine each civil money penalty on 

a case-by-case basis in light of the 

circumstances of the case. 

The Inflation Adjustment Act requires 

Federal agencies that have authority to 

issue civil money penalties to issue 

regulations that adjust each civil money 

penalty that the agency has jurisdiction 

to administer. The purpose of these 

adjustments is to maintain the deterrent 

effect of civil money penalties and 

promote compliance with the law. The 

Inflation Adjustment Act requires 

agencies to make an initial adjustment 

of their civil money penalties upon the 

statute’s enactment, and to make 

additional adjustments on an ongoing 

basis, at least once every four years 

following the initial adjustment. 

Under the Inflation Adjustment Act, 

the inflation adjustment for each 

applicable civil money penalty is 

determined by increasing the maximum 

civil money penalty amount by a costof-living adjustment. As is described in 

detail below, the Inflation Adjustment 

Act provides that this cost-of-living 

adjustment is to reflect the percentage 

increase in the Consumer Price Index 

for All Urban Consumers (CPI–U) since 

the civil money penalties were last 

adjusted or established. 

The Inflation Adjustment Act directs 

Federal agencies to calculate each civil 

money penalty adjustment as the 

percentage by which the CPI–U for June 

of the calendar year preceding the 

adjustment exceeds the CPI–U for June 

of the calendar year in which the 

amount of such civil money penalty was 

last set or adjusted pursuant to law. 

When OFHEO issued the Flood 

Insurance regulation in 2001, the 

maximum civil money amounts of $350 

(for each violation) and $100,000 

(maximum annual amount for each 

Enterprise), found at 42 U.S.C. 

4012a(f)(5), were adjusted to $385 and 

$110,000, respectively.12

OFHEO did not subsequently adjust 

these civil money penalty amounts. 

Because FHFA is making this 

adjustment in calendar year 2008, the 

inflation amount for each civil money 


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60200 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

13The rounding rules of the Inflation Adjustment 

Act require that each increase be rounded to the 

nearest multiple as follows: $10 in the case of 

penalties less than or equal to $100; $100 in the 

case of penalties greater than $100 but less than or 

equal to $1,000; $1,000 in the case of penalties 

greater than $1,000 but less than or equal to 

$10,000; $5,000 in the case of penalties greater than 

$10,000 but less than or equal to $100,000; $10,000 

in the case of penalties greater than $100,000 but 

less than or equal to $200,000; and $5,000 in the 

case of penalties greater than $200,000. 

14 42 U.S.C. 4012a(c)(2). 

penalty is calculated by comparing the 

CPI–U for June 2001 (178.00), the 

calendar year OFHEO last adjusted the 

civil money penalty, with the CPI–U for 

June 2007 (208.35), resulting in an 

inflation adjustment of 17.05 percent. 

For each civil money penalty, the 

product of this inflation adjustment and 

the previous maximum penalty amount 

is then rounded in accordance with the 

specific requirements of the Inflation 

Adjustment Act and added to the 

previous maximum penalty amount to 

determine the new adjusted penalty 

amount.13 Accordingly, the civil money 

penalty maximum of $385 would be 

increased to $485 for each violation and 

the civil money penalty maximum of 

$110,000 would be increased to 

$130,000 for the total assessed penalties 

against any Enterprise during any 

calendar year. The increase would apply 

only to violations which occur after the 

date the increase takes effect. 

III. Section-by-Section Analysis 

Section 1250.1 Purpose 

This section provides that the purpose 

of the regulation as proposed is to set 

forth the responsibilities of the 

Enterprises under the Flood Disaster 

Protection Act of 1973, as amended 

(FDPA), and the procedures to be used 

by FHFA in any proceeding to assess 

civil money penalties against an 

Enterprise under FDPA. 

Section 1250.2 Procedural 

Requirements 

Section 1250.2 would set forth the 

requirement that each Enterprise is to 

implement procedures reasonably 

designed to ensure that properties 

securing particular loans are properly 

insured in accordance with the National 

Flood Insurance Act of 1968. Consistent 

with 42 U.S.C. 4012a(4), it also would 

set forth that that the procedures need 

apply only to loans made, increased, 

extended, or renewed after September 

22, 1995. The proposed section further 

provides that the procedural 

requirements do not apply to any loan 

having an original outstanding principal 

balance of $5,000 or less and a 

repayment term of one year or less.14

Section 1250.3 Civil Money Penalties 

Section 1250.3 would set forth 

procedures under which the Director of 

FHFA may impose civil money 

penalties against an Enterprise. The 

Director of FHFA would assess a civil 

money penalty against an Enterprise 

determined by the Director to have a 

pattern or practice of purchasing loans 

in violation of the procedures 

established pursuant to § 1250.2. The 

increase shall only apply to violations 

which occur after the date the increase 

takes effect. 

The proposed section also would set 

forth notice and hearing requirements 

prior to the imposition of civil money 

penalties. A civil money penalty may be 

issued only after notice and an 

opportunity for a hearing on the record 

has been provided. 

In addition, the proposed section 

would set forth the maximum amount of 

civil money penalties that may be 

imposed on an Enterprise under this 

section. A civil money penalty under 

this section may not exceed the adjusted 

statutory amount of $485 for each 

violation and the total amount of 

penalties assessed under this section 

against an Enterprise during any 

calendar year may not exceed the 

adjusted statutory cap of $130,000 for 

total penalties. 

Furthermore, in accordance with 42 

U.S.C. 4012a(f)(8), (9), and (10), § 1250.3 

would provide that— 

(1) Any civil money penalties 

collected under this section shall be 

paid into the National Flood Mitigation 

Fund in accordance with 42 U.S.C. 

4104d, 

(2) Any civil money penalty would be 

in addition to any civil remedy or 

criminal penalty otherwise available, 

and 

(3) No penalty may be imposed under 

this section after the expiration of the 

four-year period beginning on the date 

of the occurrence of the violation for 

which the penalty is authorized. 

Regulatory Impact 

Paperwork Reduction Act 

The proposed regulation does not 

contain any information collection 

requirement that requires the approval 

of OMB under the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations must 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

will not have a significant economic 

impact on a substantial number of small 

entities. 5 U.S.C. 605(b). The FHFA has 

considered the impact of the proposed 

regulation under the Regulatory 

Flexibility Act. The FHFA certifies that 

the proposed regulation, if adopted, is 

not likely to have a significant economic 

impact on a substantial number of small 

business entities because the regulation 

is applicable only to the Enterprises, 

which are not small entities for 

purposes of the Regulatory Flexibility 

Act. 

List of Subjects 

12 CFR Part 1250 

Government-sponsored enterprises, 

Flood insurance, Penalties, Reporting 

and Recordkeeping requirements. 

12 CFR Part 1773 

Administrative practice and 

procedure, Flood insurance, Penalties, 

Reporting and Recordkeeping 

requirements. 

Authority and Issuance 

Accordingly, for the reasons stated in 

the preamble, under the authority of 12 

U.S.C. 4526, the Federal Housing 

Finance Agency proposes to amend 

chapters XII and XVII of Title 12, Code 

of Federal Regulations, as follows: 

CHAPTER XII—FEDERAL HOUSING 

FINANCE AGENCY 

1. Add Subchapter C, consisting of 

part 1250 to read as follows: 

Subchapter C—Enterprises 

PART 1250—FLOOD INSURANCE 

Sec. 

1250.1 Purpose. 

1250.2 Procedural requirements. 

1250.3 Civil money penalties. 

Authority: 12 U.S.C. 4521(a)(4) and 4526; 

28 U.S.C. 2461 note; 42 U.S.C. 4001 note; 42 

U.S.C. 4012a(f)(3), (4), (5), (8), (9), and (10). 

§ 1250.1 Purpose. 

The purpose of this part is to set forth 

the responsibilities of the Federal 

National Mortgage Association and the 

Federal Home Loan Mortgage 

Corporation (Enterprise) under the 

Flood Disaster Protection Act of 1973, as 

amended, (42 U.S.C. 4002 et seq.) and 

the procedures to be used by the Federal 

Housing Finance Agency (FHFA) in any 

proceeding to assess civil money 

penalties against an Enterprise. 


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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60201 

§ 1250.2 Procedural requirements. 

(a) Procedures. An Enterprise shall 

implement procedures reasonably 

designed to ensure for any loan that is 

secured by improved real estate or a 

mobile home located in an area that has 

been identified, at the time of the 

origination of the loan or at any time 

during the term of the loan, by the 

Director of the Federal Emergency 

Management Agency as an area having 

special flood hazards and in which 

flood insurance is available under the 

National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), and purchased 

by the Enterprise, the building or mobile 

home and any personal property 

securing the loan is covered for the term 

of the loan by flood insurance in an 

amount at least equal to the lesser of the 

outstanding principal balance of the 

loan or the maximum limit of coverage 

made available with respect to the 

particular type of property under the 

National Flood Insurance Act of 1968. 

(b) Applicability. 

(1) Paragraph (a) of this section shall 

apply only with respect to any loan 

made, increased, extended, or renewed 

after September 22, 1995. 

(2) Paragraph (a) of this section shall 

not apply to any loan having an original 

outstanding balance of $5,000 or less 

and a repayment term of one year or 

less. 

§ 1250.3 Civil Money Penalties. 

(a) In general. If an Enterprise is 

determined by the Director of FHFA, or 

his or designee, to have a pattern or 

practice of purchasing loans in violation 

of the procedures established pursuant 

to § 1250.2, the Director of FHFA, or his 

or her designee, may assess civil money 

penalties against such Enterprise in 

such amount or amounts as deemed to 

be appropriate under paragraph (c) of 

this section. 

(b) Notice and hearing. A civil money 

penalty under this section may be 

assessed only after notice and an 

opportunity for a hearing on the record 

has been provided to the Enterprise. 

(c) Amount. The maximum civil 

money penalty amount is $385 for each 

violation that occurs before the effective 

date of this part, with total penalties not 

to exceed $110,000. For violations that 

occur on or after the effective date of 

this part, the civil money penalty under 

this section may not exceed $485 for 

each violation, with total penalties 

assessed under this section against an 

Enterprise during any calendar year not 

to exceed $130,000. 

(d) Deposit of penalties. Any penalties 

under this section shall be paid into the 

National Flood Mitigation Fund in 

accordance with section 1367 of the 

National Flood Insurance Act of 1968 

(42 U.S.C. 4104d.). 

(e) Additional penalties. Any penalty 

under this section shall be in addition 

to, and shall not preclude, any civil 

remedy, or criminal penalty otherwise 

available. 

(f) Statute of limitations. No civil 

money penalty may be imposed under 

this section after the expiration of the 

four-year period beginning on the date 

of the occurrence of the violation for 

which the penalty is authorized under 

this section. 

CHAPTER XVII—OFFICE OF FEDERAL 

HOUSING ENTERPRISE OVERSIGHT, 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PART 1773—[REMOVED] 

2. Remove part 1773. 

Dated: October 1, 2008. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E8–24043 Filed 10–9–08; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1085; Directorate 

Identifier 2008–CE–057–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Models PA–46–350P, PA– 

46R–350T, and PA–46–500TP 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 

Piper Aircraft, Inc. (Piper) Models PA– 

46–350P, PA–46R–350T, and PA–46– 

500TP airplanes. This proposed AD 

would require you to install a stall 

warning heat control modification kit. 

This proposed AD results from ice 

forming on the stall vane heater during 

flights into icing conditions with the 

landing gear down. We are proposing 

this AD to prevent ice from forming on 

the stall vane, which may result in 

failure of the stall warning system. This 

failure could result in the pilot being 

unaware of an approaching stall 

situation. 

DATES: We must receive comments on 

this proposed AD by December 9, 2008. 

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 Piper 

Aircraft, Inc., 2926 Piper Drive, Vero 

Beach, Florida 32960; telephone: (772) 

567–4361; fax: (772) 978–6573; Web 

site: http://www.newpiper.com/. 

FOR FURTHER INFORMATION CONTACT: John 

Lee, Aerospace Engineer, Federal 

Aviation Administration, Aircraft 

Certification Office, One Crown Center, 

1895 Phoenix Blvd., Suite 450, Atlanta, 

Georgia 30349; telephone: (770) 994– 

6736; fax: (770) 703–6097. 

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–2008–1085; Directorate 

Identifier 2008–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 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

Recently, it was discovered on a Piper 

Model PA–46–500TP airplane that the 

stall warning did not activate when 

expected. Upon landing, the stall vane 

was found iced over, which temporarily 

disabled the lift detector. 

The design of the Model PA–46– 

500TP airplane includes a landing gear 

up-lock switch. When this switch is not 


sroberts on PROD1PC70 with PROPOSALS