60602 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

uses for its non-SBA guaranteed 

commercial loans of a similar size. The 

IDAP Lender’s existing practices and 

procedures must be appropriate and 

generally accepted, proven and prudent 

credit evaluation processes and 

procedures, which may include credit 

scoring, and must ensure that there is 

reasonable assurance of repayment. In 

disbursing the IDAP loan, the IDAP 

Lender must use the same disbursement 

procedures and documentation as it 

uses for its similarly sized non-SBA 

guaranteed commercial loans. An IDAP 

Lender is also responsible for 

confirming that all IDAP loan 

processing, closing, servicing and 

liquidation decisions are correct and 

that all IDAP Loan Program 

Requirements have been followed. 

(c) IDAP Lender reporting. An IDAP 

Lender must report on its IDAP loans in 

accordance with requirements 

established by SBA from time to time. 

(d) Servicing. Each IDAP Lender must 

service all of its IDAP loans in 

accordance with the existing practices 

and procedures that the IDAP Lender 

uses for its non-SBA guaranteed 

commercial loans. In all circumstances, 

such practices and procedures must be 

commercially reasonable and consistent 

with prudent lending standards and in 

accordance with IDAP Loan Program 

Requirements. SBA’s prior written 

consent is required for servicing actions 

that may have significant exposure 

implications for SBA. SBA may require 

written notice of other servicing actions 

it considers necessary for portfolio 

management purposes. 

(e) Liquidations. Each IDAP Lender 

must be responsible for liquidating its 

defaulted IDAP loans. IDAP loans will 

be liquidated in accordance with the 

existing practices and procedures that 

the IDAP Lender uses for its non-SBA 

guaranteed commercial loans. In all 

circumstances, such practices and 

procedures must be commercially 

reasonable and consistent with prudent 

lending standards and in accordance 

with IDAP Loan Program Requirements. 

IDAP loans with de minimis value may, 

at the IDAP Lender’s request and with 

SBA’s approval, be liquidated by SBA or 

its agent(s). Significant liquidation 

actions taken on IDAP loans must be 

documented. The reimbursement of 

IDAP Lender liquidation expenses is 

limited to the amount of the recovery on 

the IDAP loan. 

(f) Purchase requests. An IDAP 

Lender may request SBA to purchase 

the guaranteed portion of an IDAP loan 

when there has been an uncured 

payment default exceeding 60 days or 

when the IDAP Borrower has declared 

bankruptcy. IDAP loans are subject to 

the 7(a) loan program requirements of 

§§ 120.520 (Purchase of 7(a) loan 

guarantees), 120.521 (What interest rate 

applies after SBA purchases its 

guaranteed portion?), 120.522 (Payment 

of accrued interest to the Lender or 

Registered Holder when SBA purchases 

the guaranteed portion), 120.523 (What 

is the ‘‘earliest uncured payment 

default’’?), 120.524 (When is SBA 

released from liability on its 

guarantee?), 120.542 (Payment by SBA 

of legal fees and other expenses) and 

120.546 (Loan asset sales) of this 

chapter. 

(g) Prohibition on secondary market 

sales, securitizations, loan 

participations and loan sales. An IDAP 

Lender may not sell the guaranteed 

portion of an IDAP loan in the 

secondary market, securitize the 

unguaranteed portion of an IDAP loan, 

participate any portion of an IDAP loan 

with another lender, or sell all of its 

interest in an IDAP loan. 

(h) Loan pledges. An IDAP Lender 

may pledge an IDAP loan subject to the 

7(a) loan program requirements of 

§§ 120.434 and 120.435 of this chapter. 

(i) Oversight. All IDAP Lenders are 

subject to the supervision and 

enforcement provisions applicable to 

7(a) Lenders in part 120, subpart I of 

this chapter (§§ 120.1000 through 

120.1600). In addition, an IDAP Lender 

that is an SBA Supervised Lender (as 

defined in § 120.10) is subject to the 

requirements of §§ 120.460 through 

120.490, as applicable. 

Dated: September 15, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–24189 Filed 9–29–10; 11:15 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0384; Directorate 

Identifier 2010–NM–003–AD; Amendment 

39–16449; AD 2010–20–14] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–10–10, 

DC–10–10F, DC–10–15, DC–10–30, DC– 

10–30F (KC–10A and KDC–10), DC–10– 

40, DC–10–40F, MD–10–10F, MD–10– 

30F, MD–11, and MD–11F Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model DC–10–10, DC–10–10F, DC–10– 

15, DC–10–30, DC–10–30F (KC–10A 

and KDC–10), DC–10–40, DC–10–40F, 

MD–10–10F, MD–10–30F, MD–11, and 

MD–11F airplanes. This AD requires 

installing an in-line fuse in certain float 

level switches and sleeving the wires 

between the fuel tank and the in-line 

fuse. For certain airplanes, this AD also 

requires installing an in-line fuse in 

certain fuel pump pressure switches. 

This AD results from fuel system 

reviews conducted by the manufacturer. 

We are issuing this AD to prevent fuel 

tank explosions and consequent loss of 

the airplane. 

DATES: This AD is effective November 5, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 5, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 address for the 

Docket Office (telephone 800–647–5527) 

is the 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: 

Philip Kush, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5263; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model DC–10–10, DC–10–10F, 

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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 60603 

DC–10–15, DC–10–30, DC–10–30F (KC– 

10A and KDC–10), DC–10–40, DC–10– 

40F, MD–10–10F, MD–10–30F, MD–11, 

and MD–11F airplanes. That NPRM was 

published in the Federal Register on 

April 21, 2010 (75 FR 20790). That 

NPRM proposed to require installing an 

in-line fuse in certain float level 

switches and sleeving the wires between 

the fuel tank and the in-line fuse. For 

certain airplanes, that NPRM also 

proposed to require installing an in-line 

fuse in certain fuel pump pressure 

switches. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Reference Information 

Notices or Revise Service Bulletin 

FedEx requested that Boeing Service 

Bulletin Information Notices (IN) 

MD11–28–132 IN 01, dated December 3, 

2008; MD11–28–132 IN 02, dated March 

18, 2010; and MD11–28–132 IN 03, 

dated March 25, 2010; be referenced in 

the NPRM as an approved deviation 

from Boeing Service Bulletin MD11–28– 

132, dated November 25, 2008, or that 

Boeing revise that service bulletin to 

incorporate the changes outlined in 

those INs. FedEx stated that, as the 

NPRM is written, the compliance 

requirements will prevent FedEx from 

complying with the NPRM unless an 

alternative method of compliance 

(AMOC) is granted. 

We partially agree. Since the issuance 

of the NPRM, Boeing has issued Service 

Bulletin MD11–28–132, Revision 1, 

dated July 6, 2010, to incorporate the 

changes outlined in Boeing Service 

Bulletin INs MD11–28–132 IN 01, dated 

December 3, 2008; MD11–28–132 IN 02, 

dated March 18, 2010; and MD11–28– 

132 IN 03, dated March 25, 2010. The 

revised service bulletin has only 

editorial changes with no additional 

work required. We have changed this 

AD to reference Boeing Service Bulletin 

MD11–28–132, Revision 1, dated July 6, 

2010, in paragraphs (c)(2) and (g)(2) of 

this AD. 

We have also added paragraph (i) to 

this AD to give credit for actions done 

before the effective date of this AD in 

accordance with Boeing Service Bulletin 

MD11–28–132, dated November 25, 

2008. 

Additional Change Made to This AD 

We have revised paragraph (g)(1) of 

this AD to refer to Boeing Service 

Bulletin DC10–28–252, Revision 1, 

dated January 6, 2010, which describes 

editorial changes, but no new actions. 

We have added paragraph (h) to this AD 

to give credit for actions done before the 

effective date of this AD in accordance 

with Boeing Service Bulletin DC10–28– 

252, dated November 25, 2008. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD will affect 

281 airplanes of U.S. registry. The 

following table provides the estimated 

costs for U.S. operators to comply with 

this AD. 

TABLE—ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Installation/ 

Sleeving.

Between 64 and 

1361.

$85 Between $3,139 

and $5,5981.

Between $8,579 

and $17,158.

281 Between $2,410,699 

and $4,821,398. 

1 Depending on airplane configuration. 

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 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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: 

2010–20–14 McDonnell Douglas 

Corporation: Amendment 39–16449. 

Docket No. FAA–2010–0384; Directorate 

Identifier 2010–NM–003–AD. 

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60604 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) is 

effective November 5, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) McDonnell Douglas Corporation Model 

DC–10–10, DC–10–10F, DC–10–15, DC–10– 

30, DC–10–30F (KC–10A and KDC–10), DC– 

10–40, DC–10–40F, MD–10–10F, and MD– 

10–30F airplanes; certificated in any 

category; as identified in Boeing Service 

Bulletin DC10–28–252, Revision 1, dated 

January 6, 2010. 

(2) McDonnell Douglas Corporation Model 

MD–11 and MD–11F airplanes; certificated in 

any category; as identified in Boeing Service 

Bulletin MD11–28–132, Revision 1, dated 

July 6, 2010. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to prevent fuel tank explosions and 

consequent loss 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. 

Installation 

(g) Within 60 months after the effective 

date of this AD do the actions specified in 

paragraph (g)(1) or (g)(2) of this AD, as 

applicable. 

(1) For Model DC–10–10, DC–10–10F, DC– 

10–15, DC–10–30, DC–10–30F (KC–10A and 

KDC–10), DC–10–40, DC–10–40F, MD–10– 

10F, and MD–10–30F airplanes: Install an inline fuse in each float level switch and 

pressure switch, including sleeving the wires 

between the fuel tank and the in-line fuse, in 

fuel tanks 1, 2, and 3; upper and lower 

auxiliary fuel tanks; forward and aft auxiliary 

fuel tanks; and center wing fuel tanks; as 

applicable; in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC10–28–252, Revision 1, 

dated January 6, 2010. 

(2) For Model MD–11 and MD–11F 

airplanes: Install an in-line fuse in each float 

level switch, including sleeving the wires 

between the fuel tank and the in-line fuse, in 

fuel tanks 1, 2, and 3; upper and lower 

auxiliary fuel tanks; forward auxiliary fuel 

tank; center wing fuel tanks; and tail fuel 

tank; as applicable; in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin MD11–28–132, Revision 1, 

dated July 6, 2010. 

Installation According to Previous Issues of 

Service Bulletins 

(h) Installing an in-line fuse in each float 

level switch and pressure switch, including 

sleeving the wires between the fuel tank and 

the in-line fuse, in fuel tanks 1, 2, and 3; 

upper and lower auxiliary fuel tanks; forward 

and aft auxiliary fuel tanks; and center wing 

fuel tanks; as applicable; is also acceptable 

for compliance with the corresponding 

requirements of paragraph (g)(1) of this AD, 

if done before the effective date of this AD, 

in accordance with Boeing Service Bulletin 

DC10–28–252, dated November 25, 2008. 

(i) Installing an in-line fuse in each float 

level switch, including sleeving the wires 

between the fuel tank and the in-line fuse, in 

fuel tanks 1, 2, and 3; upper and lower 

auxiliary fuel tanks; forward auxiliary fuel 

tank; center wing fuel tanks; and tail fuel 

tank; as applicable; is also acceptable for 

compliance with the corresponding 

requirements of paragraph (g)(2) of this AD 

if done before the effective date of this AD, 

in accordance with Boeing Service Bulletin 

MD11–28–132, dated November 25, 2008. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Philip Kush, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5263; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Service Bulletin 

DC10–28–252, Revision 1, dated January 6, 

2010; or Boeing Service Bulletin MD11–28– 

132, Revision 1, dated July 6, 2010; as 

applicable; 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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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 Renton, Washington, on 

September 16, 2010. 

Robert D. Breneman, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–24172 Filed 9–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0550; Directorate 

Identifier 2009–NM–124–AD; Amendment 

39–16454; AD 2010–20–19] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes; Model 

CL–600–2C10 (Regional Jet Series 700, 

701, & 702) Airplanes; Model CL–600– 

2D15 (Regional Jet Series 705) 

Airplanes; and Model CL–600–2D24 

(Regional Jet Series 900) 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: 

Two cases of a crack on a ‘‘dry’’ ADG [air 

driven generator] (Hamilton Sundstrand part 

number in the 761339 series), in the aft area 

of the strut and generator housing assembly, 

have been reported on CL–600–2B19 aircraft. 

The same part is also installed on CL–600– 

2C10, –2D15 and –2D24 aircraft. 

Investigation determined that the crack was 

in an area of the strut where the wall 

thickness of the casting was below 

specification, due to a manufacturing 

anomaly in a specific batch of ADGs. 

Structural failure and departure of the ADG 

during deployment could possibly result in 

damage to the aircraft structure. If 

deployment was activated by a dual engine 

shutdown, ADG structural failure would also 

result in loss of hydraulics for the flight 

controls. 

* * * * * 

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