Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 31167 

weight. In addition, real estate loans that do 

not meet all of the specified criteria or that 

are made for the purpose of property 

development are placed in the 100 percent 

risk category. 

Department of the Treasury 

Office of Thrift Supervision 

12 CFR Chapter V 

■ For reasons set forth in the common 

preamble, the Office of Thrift 

Supervision amends part 567 of Chapter 

V of title 12 of the Code of Federal 

Regulations as follows: 

PART 567—CAPITAL 

■ 9. The authority citation for part 567 

continues to read as follows: 

Authority: 12 U.S.C. 1462, 1462a, 1463, 

1464, 1467a, 1828 (note). 

■ 10. Section 576.1 is amended by 

adding paragraph (4) to the definition 

Qualifying mortgage loan to read as 

follows: 

§ 576.1 Definitions. 

* * * * * 

Qualifying mortgage loan. 

* * * * * 

(4) A loan that meets the requirements 

of this section prior to modification 

under the U.S. Department of Treasury’s 

Making Home Affordable Program may 

be included as a qualifying mortgage 

loan, so long as the loan is not 90 days 

or more past due. 

* * * * * 

Dated: June 15, 2009. 

John C. Dugan, 

Comptroller of Currency. 

By order of the Board of Governors of the 

Federal Reserve System, June 24, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

Dated at Washington DC, this 23rd day of 

June 2009. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

Dated: June 17, 2009. 

By the Office of the Thrift Supervision. 

John E. Bowman, 

Acting Director. 

[FR Doc. E9–15507 Filed 6–29–09; 8:45 am] 

BILLING CODE 6210–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0544; Directorate 

Identifier 2009–NE–17–AD; Amendment 39– 

15952; AD 2009–12–51] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 

1D, 1D1, 1E2, 1K1, 1S, and 1S1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting emergency airworthiness 

directive (AD) 2009–12–51 that was sent 

previously to all known U.S. owners 

and operators of Turbomeca S.A. Arriel 

1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 

1E2, 1K1, 1S, and 1S1 turboshaft 

engines. This AD requires initial and 

repetitive visual inspections of certain 

reduction gearboxes (module M05) for 

oil leakage, repair if leaking, and repair 

of all affected modules as terminating 

action to the repetitive inspections. This 

AD results from reports of oil leaks from 

certain reduction gearbox (module M05) 

front casings. The engine manufacturer 

reported that the lubrication duct plug 

was not properly bonded/glued in place. 

We are issuing this AD to prevent 

uncommanded in-flight engine 

shutdown, possible engine fire, and an 

emergency autorotation landing. 

DATES: This AD becomes effective July 

15, 2009 to all persons except those 

persons to whom it was made 

immediately effective by emergency AD 

2009–12–51, issued on June 4, 2009, 

which contained the requirements of 

this amendment. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of July 15, 2009. 

We must receive any comments on 

this AD by August 31, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Turbomeca, 40220 Tarnos, 

France; telephone (33) 05 59 74 40 00, 

fax (33) 05 59 74 45 15 for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: On June 4, 

2009, the FAA issued emergency AD 

2009–12–51, that applies to Turbomeca 

S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 

1D, 1D1, 1E2, 1K1, 1S, and 1S1 

turboshaft engines. That AD requires 

initial and repetitive visual inspections 

of certain reduction gearboxes (module 

M05) for oil leakage, repair if leaking, 

and repair of all affected modules as 

terminating action to the repetitive 

inspections. This condition, if not 

corrected, could result in 

uncommanded in-flight engine 

shutdown, possible engine fire, and an 

emergency autorotation landing. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of Turbomeca S.A. 

Mandatory Service Bulletin (MSB) No. 

A292 72 0825, Version A, dated May 27, 

2009, that describes procedures for 

visual inspections of affected reduction 

gearboxes (module M05) for oil leakage, 

repair if leaking, and repair of all 

affected modules as terminating action 

to the repetitive inspections. 

FAA’s Determination and Requirements 

of This AD 

Since the unsafe condition described 

is likely to exist or develop on other 

engines of the same type design, we 

issued emergency AD 2009–12–51 to 

prevent uncommanded in-flight engine 

shutdown, possible engine fire, and an 

emergency autorotation landing. This 

AD requires initial and repetitive visual 

inspections of certain reduction 

gearboxes (module M05) for oil leakage, 

repair if leaking, and repair of all 

affected modules as terminating action 

to the repetitive inspections. You must 

use the service information described 

previously to perform the actions 

required by this AD. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 


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31168 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause existed to make the AD 

effective immediately on June 4, 2009, 

to all known U.S. owners and operators 

of Turbomeca S.A. Arriel 1A1, 1A2, 1B, 

1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 

and 1S1 turboshaft engines. These 

conditions still exist, and we are 

publishing the AD in the Federal 

Register as an amendment to Section 

39.13 of part 39 of the Code Federal 

Regulations (14 CFR part 39) to make it 

effective to all persons. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2009–0544; Directorate Identifier 

2009–NE–17–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

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 with FAA 

personnel concerning this AD. Using the 

search function of the Web site, anyone 

can find and read the comments in any 

of our dockets, including, if provided, 

the name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

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 this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 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 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends part 39 

of the Federal Aviation Regulations (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 airworthiness 

directive: 

2009–12–51 Turbomeca S.A.: Amendment 

39–15952. Docket No. FAA–2009–0544; 

Directorate Identifier 2009–NE–17–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 15, 2009, to all 

persons except those persons to whom it was 

made immediately effective by emergency 

AD 2009–12–51, issued June 4, 2009, which 

contained the requirements of this 

amendment. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Turbomeca S.A. 

Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 

1E2, 1K1, 1S, and 1S1 turboshaft engines if 

modified by Turbomeca Modification TU332 

and fitted with modules M05 as listed by 

serial number in Figure 1 of Turbomeca S.A. 

Mandatory Service Bulletin (MSB) No. A292 

72 0825, Version A, dated May 27, 2009. 

These engines are installed on, but not 

limited to, Eurocopter France AS350B, 

AS350BA, AS365N, AS350B1, AS350B2, 

Eurocopter Deutschland GmbH MBB– 

BK117–C1, Agusta A109K2, and Sikorsky S– 

76A+, S–76A++ and S–76C helicopters. 

Unsafe Condition 

(d) This AD results from reports of oil leaks 

from certain reduction gearbox (module M05) 

front casings. The engine manufacturer 

reported that the lubrication duct plug was 

not properly bonded/glued in place. This 

condition, if not corrected, could result in 

loss of the lubrication duct plug, followed by 

a rapid draining of the oil tank, without 

indication to the cockpit through low oil 

pressure warning. This condition can lead to 

uncommanded in-flight engine shutdown, 

possible engine fire, and an emergency 

autorotation landing. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Initial Visual Inspection Before Further 

Flight 

(f) Before further flight: 

(1) Visually inspect the module M05 

lubrication duct for oil leakage. Use 

paragraph 1.C.(1)(a), paragraph 2.A., and 

Figure 2 of Turbomeca S.A. MSB No. A292 

72 0825, Version A, dated May 27, 2009, to 

do the inspection. 

(2) If oil leakage is found, repair the 

module M05 lubrication duct. Use paragraph 


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Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 31169 

2.B.1, Figure 3, and Figure 4 in Turbomeca 

S.A. MSB No. A292 72 0825, Version A, 

dated May 27, 2009, to do the repair. 

Repetitive Visual Inspections 

(g) If no oil leakage is found, repeat the 

visual inspection every four flight hours, or 

after the last flight of each day, whichever 

comes first. 

(h) The actions required by paragraph (g) 

of this AD may be performed by the owner/ 

operator holding at least a private pilot 

certificate, and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with 14 CFR 43.9 and 

14 CFR 91.417(a)(2)(v). 

Optional Terminating Action 

(i) As optional terminating action to the 

repetitive visual inspections in paragraph (g) 

of this AD, repair the affected modules M05 

as specified in paragraph (f)(2) of this AD. 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(k) European Aviation Safety Agency 

emergency airworthiness directive 2009– 

0117–E, dated June 2, 2009, also addresses 

the subject of this AD. 

Contact Information 

(l) For further information, contact: James 

Lawrence, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; email: james.lawrence@faa.gov; telephone 

(781) 238–7176; fax (781) 238–7199, for more 

information about this AD. 

Material Incorporated by Reference 

(m) You must use Turbomeca S.A. MSB 

No. A292 72 0825, Version A, dated May 27, 

2009, to identify the serial numbers of 

modules M05 affected by this AD, and to 

perform the inspections and repairs required 

by this AD. The Director of the Federal 

Register approved the incorporation by 

reference of this service bulletin in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. You can get a copy from Turbomeca, 

40220 Tarnos, France; telephone (33) 05 59 

74 40 00, fax (33) 05 59 74 45 15. You may 

review copies at the FAA, New England 

Region, 12 New England Executive Park, 

Burlington, MA; or 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/ 

cfr/ibr-locations.html. 

Issued in Burlington, Massachusetts, on 

June 22, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–15277 Filed 6–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0556; Directorate 

Identifier 2009–NM–112–AD; Amendment 

39–15942; AD 2009–13–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–400 and –400F Series 

Airplanes Powered by Rolls-Royce 

RB211 Series Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–400 and –400F series 

airplanes. This AD requires modifying 

certain thrust reverser control system 

wiring to the flap control unit (FCU). 

This AD results from a report of 

automatic retraction of the leading edge 

flaps during takeoff due to indications 

transmitted to the FCU from the thrust 

reverser control system. We are issuing 

this AD to prevent automatic retraction 

of the leading edge flaps during takeoff, 

which could result in reduced climb 

performance and consequent collision 

with terrain and obstacles or forced 

landing of the airplane. 

DATES: This AD is effective July 6, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of July 6, 2009. 

We must receive comments on this 

AD by August 31, 2009. 

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. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1, 

fax 206–766–5680; e-mail 

me.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 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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6505; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report of automatic 

retraction of the leading edge flaps 

during takeoff on a Boeing Model 747– 

400 airplane powered by Rolls-Royce 

RB211–524G/H engines. The automatic 

retraction was due to indications 

transmitted to the flap control unit 

(FCU) from the thrust reverser control 

system. In order to prevent 

impingement of efflux air from the 

thrust reversers during landing rollout, 

the FCU is designed to automatically 

retract the Group A leading edge flaps 

when a REV Amber signal is received 

from either both inboard or both 

outboard thrust reversers, and the 

airplane is on the ground. In this event, 

the first REV amber signal was received 

prior to V1 (takeoff decision speed). The 

second REV amber signal was received 

several seconds later, after takeoff 

decision speed. At that time, the FCU 

performed as designed and retracted the 

Group A leading edge flaps. At rotation 

the flight crew reported buffeting and 

stick shaker activation. After liftoff, a 

signal from the air/ground logic system 

caused the FCU to send a command to 

the Group A leading edge flaps to redeploy after a five-second time delay. 

Re-deployment of the flaps takes 

approximately ten to fifteen additional 

seconds; during re-deployment, the 

flightcrew again reported buffeting and 

momentary stick shaker activation. The 

airplane jettisoned fuel and was landed 

safely; all four of the thrust reversers 

deployed and stowed normally after 

landing. 

In addition, one operator reported 12 

single-engine REV indications during 


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