Airworthiness Directives; Allied Ag Cat Productions, Inc. Models G-164, G-164A, G-164B, G-164B With 73″ Wing Gap, G-164B-15T, G-164B-34T, G-164B-20T, G-164C, G-164D, and G-164D With 73″ Wing Gap Airplanes, 11324-11327 [2011-4160]
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Subpart E—Special Rules for Certain
Home Mortgage Transactions
2. Section 226.35 is amended by
revising paragraph (a)(1) and adding
paragraph (b)(3)(v) to read as follows:
■
§ 226.35 Prohibited acts or practices in
connection with higher-priced mortgage
loans.
(a) Higher-priced mortgage loans—(1)
For purposes of this section, except as
provided in paragraph (b)(3)(v) of this
section, a higher-priced mortgage loan is
a consumer credit transaction secured
by the consumer’s principal dwelling
with an annual percentage rate that
exceeds the average prime offer rate for
a comparable transaction as of the date
the interest rate is set by 1.5 or more
percentage points for loans secured by
a first lien on a dwelling, or by 3.5 or
more percentage points for loans
secured by a subordinate lien on a
dwelling.
*
*
*
*
*
(b) * * *
(3) * * *
(v) ‘‘Jumbo’’ loans. For purposes of
this § 226.35(b)(3), for a transaction with
a principal obligation at consummation
that exceeds the limit in effect as of the
date the transaction’s interest rate is set
for the maximum principal obligation
eligible for purchase by Freddie Mac,
the coverage threshold set forth in
paragraph (a)(1) of this section for loans
secured by a first lien on a dwelling
shall be 2.5 or more percentage points
greater than the applicable average
prime offer rate.
*
*
*
*
*
■ 3. In Supplement I to Part 226:
■ A. Under Section 226.1—Authority,
Purpose, Coverage, Organization,
Enforcement and Liability, new
paragraph 1(d)(5)–1.iii is added.
■ B. Under Section 226.35—Prohibited
Acts or Practices in Connection With
Higher-Priced Mortgage Loans, 35(b)
Rules for higher-priced mortgage loans,
35(b)(3) Escrows, new heading
35(b)(3)(v) ‘‘Jumbo’’ loans and new
paragraphs 1 and 2 are added.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Supplement I to Part 226—Official Staff
Interpretations
*
*
*
*
*
Section 226.1—Authority, Purpose, Coverage,
Organization, Enforcement and Liability
Paragraph 1(d)(5).
1. Effective dates.
i. * * *
ii. * * *
15:24 Mar 01, 2011
DEPARTMENT OF TRANSPORTATION
RIN 2120–AA64
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Subpart E—Special Rules for Certain
Home Mortgage Transactions
*
*
*
*
*
Section 226.35—Prohibited Acts or Practices
in Connection With Higher-Priced Mortgage
Loans
*
*
*
*
*
35(b) Rules for higher-priced mortgage
loans.
*
*
*
*
*
*
*
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*
*
35(b)(3)(v) ‘‘Jumbo’’ loans.
1. Special threshold for ‘‘jumbo’’ loans. For
purposes of the escrow requirement in
§ 226.35(b)(3) only, the coverage threshold
stated in § 226.35(a)(1) for first-lien loans (1.5
or more percentage points greater than the
average prime offer rate) does not apply to a
loan with a principal obligation that exceeds
the limit in effect as of the date the loan’s rate
is set for the maximum principal obligation
eligible for purchase by Freddie Mac
(‘‘jumbo’’ loans). The Federal Housing
Finance Agency (FHFA) establishes and
adjusts the maximum principal obligation
pursuant to 12 U.S.C. 1454(a)(2) and other
provisions of federal law. Adjustments to the
maximum principal obligation made by
FHFA apply in determining whether a
mortgage loan is a ‘‘jumbo’’ loan to which the
separate coverage threshold in
§ 226.35(b)(3)(v) applies.
2. Escrow requirements only. Under
§ 226.35(b)(3)(v), for ‘‘jumbo’’ loans, the
annual percentage rate threshold is 2.5 or
more percentage points greater than the
average prime offer rate. This threshold
applies solely in determining whether a
‘‘jumbo’’ loan is subject to the escrow
requirement of § 226.35(b)(3). The
determination of whether ‘‘jumbo’’ first-lien
loans are subject to the other protections in
§ 226.35, such as the ability to repay
requirements under § 226.35(b)(1) and the
restrictions on prepayment penalties under
§ 226.35(b)(2), is based on the 1.5 percentage
point threshold stated in § 226.35(a)(1).
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, February 23, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–4384 Filed 3–1–11; 8:45 am]
BILLING CODE 6210–01–P
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0149; Directorate
Identifier 2011–CE–001–AD; Amendment
39–16616; AD 2011–05–07]
Airworthiness Directives; Allied Ag Cat
Productions, Inc. Models G–164, G–
164A, G–164B, G–164B With 73″ Wing
Gap, G–164B–15T, G–164B–34T, G–
164B–20T, G–164C, G–164D, and G–
164D With 73″ Wing Gap Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
the products listed above. That AD
currently requires repetitively
inspecting the interior and the exterior
of the main tubular spar of the rudder
assembly for corrosion, taking necessary
corrective action if corrosion is found,
and applying corrosion protection. This
AD retains the requirements of the
previous AD and changes the
compliance time for certain products
listed above. This AD was prompted by
our determination that the compliance
time specified for Models G–164, G–
164A, and G–164B airplanes does not
adequately address the unsafe
condition. We are issuing this AD to
detect and correct corrosion in the
rudder main tubular spar, which could
result in failure of the rudder main spar
tube. This failure could lead to loss of
directional control.
DATES: This AD is effective March 17,
2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 19, 2008 (73 FR 67372,
November 14, 2008).
We must receive any comments on
this AD by April 18, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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,
SUMMARY:
35(b)(3) Escrows.
*
Subpart A—General
VerDate Mar<15>2010
iii. The final rule revising escrow
requirements under § 226.35(b)(3) published
on March 2, 2011 applies to certain closedend extensions of consumer credit secured by
the consumer’s principal dwelling. See
§ 226.35(a). Covered transactions for which
an application is received by a creditor on or
after April 1, 2011 are subject to
§ 226.35(b)(3), as revised.
*
123 Stat. 1734; Pub. L. 111–203, 124 Stat.
1376.
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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations
11325
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 Allied Ag Cat
Productions, Inc., 301 West Walnut
Street, P.O. Box 482, Walnut Ridge,
Arkansas 72479; telephone: (870) 886–
2418. You may review copies of the
referenced service information at the
FAA, Small Airplane Directorate, 901
Locust St., Kansas City, Missouri 64016.
For information on the availability of
this material at the FAA, call (816) 329–
4148.
April 20, 1978), and requires
repetitively inspecting the interior and
the exterior of the main tubular spar of
the rudder assembly for corrosion,
taking necessary corrective action if
corrosion is found, and applying
corrosion protection. That AD resulted
from failure of the rudder main tubular
spar on a Model G164B airplane not
previously affected by AD 78–08–09.
AD 78–08–09 required a one-time
inspection of the interior of the rudder
main tubular spar for corrosion and 300hour repetitive inspections of the
exterior of the rudder main tubular spar
for corrosion.
FAA’s Justification and Determination
of the Effective Date
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 (phone: 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Andrew McAnaul, Aerospace Engineer,
ASW–150 (c/o MIDO–43), 10100
Reunion Place, Suite 650, San Antonio,
Texas 78216; phone: (210) 308–3365;
fax: (210) 308–3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Actions Since AD was Issued
Comments Invited
Since we issued AD 2008–22–21, we
determined the compliance time of the
initial inspection for Models G–164, G–
164A, and G–164B airplanes (airplanes
previously affected by AD 78–08–09)
allows the interior of the rudder main
tubular spar to remain unchecked for
corrosion for up to an additional 5 years
beyond the effective date of AD 2008–
22–21. This compliance time does not
adequately address the unsafe
condition.
We are issuing this AD to detect and
correct corrosion in the rudder main
tubular spar, which could result in
failure of the rudder main spar tube.
This failure could lead to loss of
directional control.
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include Docket Number FAA–
2011–0149 and Directorate Identifier
2011–CE–001–AD at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Discussion
On October 23, 2008, we issued AD
2008–22–21, Amendment 39–15718
(73 FR 67372, November 14, 2008), for
all Allied Ag Cat Productions, Inc.
Models G–164, G–164A, G–164B, G–
164B with 73″ wing gap, G–164B–15T,
G–164B–34T, G–164B–20T, G–164C, G–
164D, and G–164D with 73″ wing gap
airplanes.
That AD supersedes AD 78–08–09,
Amendment 39–3191 (43 FR 16699,
FAA’s Determination
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
AD Requirements
This AD requires repetitively
inspecting the interior and the exterior
of the main tubular spar of the rudder
assembly for corrosion, taking necessary
corrective action if corrosion is found,
and applying corrosion protection.
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because failure of the rudder main
tubular spar could lead to loss of
directional control. Therefore, we find
that notice and opportunity for prior
public comment are impracticable and
that good cause exists for making this
amendment effective in less than 30
days.
Costs of Compliance
We estimate that this AD affects 2,700
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Labor cost
Parts cost
Cost per
product
Cost on
U.S.
operators
Drill access hole and visual inspection [retained actions from existing AD].
WReier-Aviles on DSKGBLS3C1PROD with RULES
Action
4 work-hours X $85 per hour = $340 ..........
Not applicable ...........
$340
$918,000
We have no way of determining the
cost of repairs, parts replacement, or the
number of airplanes that may require
repair or parts replacement based on the
result of the proposed inspections.
VerDate Mar<15>2010
15:24 Mar 01, 2011
Jkt 223001
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,
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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,
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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations
‘‘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),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
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 part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2008–22–21, Amendment 39–15718 (73
FR 67372, November 14, 2008) and
adding the following new AD:
■
2011–05–07 Allied Ag Cat Productions,
Inc.: Amendment 39–16616; Docket No.
FAA–2011–0149; Directorate Identifier
2011–CE–001–AD.
Effective Date
(a) This AD is effective March 17, 2011.
Affected ADs
(b) This AD supersedes AD 2008–22–21,
Amendment 39–15718.
Applicability
(c) This AD applies to the following Allied
Ag Cat Productions, Inc. model airplanes, all
serial numbers, that are certificated in any
category:
1. The authority citation for part 39
continues to read as follows:
■
MODELS
G–164 ...........................................
G–164B–15T .................................
G–164D .........................................
G–164A .........................................
G–164B–20T .................................
G–164D with 73″ wing gap.
Subject
(d) Joint Aircraft System Component
(JASC)/Air Transport Association (ATA) of
America Code 55, Stabilizers.
Unsafe Condition
(e) This AD was prompted by reports of the
rudder main tubular spar failing and our
G–164B .........................................
G–164B–34T .................................
determination that the previous compliance
times specified for Models G–164, G–164A,
and G–164B airplanes do not adequately
address the unsafe condition. We are issuing
this AD to detect and correct corrosion in the
rudder main tubular spar, which could result
in failure of the rudder main spar tube. This
G–164B with 73″ wing gap.
G–164C.
failure could lead to loss of directional
control.
Compliance
(f) Comply with this AD within the
compliance times specified, unless already
done.
Compliance
Procedures
(1) Drill an access hole and do a visual inspection using a borescope of the lower end internal cavity of the rudder main spar tube for
corrosion and do a visual inspection of the
exterior of the rudder main spar tube for corrosion.
(2) If corrosion is found during any inspection
required in paragraph (f)(1) of this AD, repair
in accordance with Chapter 4 of FAA Advisory Circular 43.13–1B, Chg 1, dated September 27, 2001, or replace the damaged
part(s).
WReier-Aviles on DSKGBLS3C1PROD with RULES
Actions
Initially inspect within the next 30 days after
March 17, 2011 (the effective date of this
AD), unless already done within the previous 60 months. Repetitively inspect thereafter at intervals not to exceed 60 months
from the last inspection.
Before further flight after any inspection in
which corrosion is found.
Following Steps 1 through 3 of Grumman
American Aviation Corporation Ag-Cat
Service Bulletin No. 61, dated June 6,
1977.
(3) After each inspection, repair, or replacement
required in this AD, corrosion protect the spar
tube internal cavity by filling with warm, raw
linseed oil, Paralketone, or CRC3 (LPS
Heavy Duty Rust Inhibitor Type 3), or suitable equivalent protector for alloy steel, and
allow to drain. Seal access hole with Scotch
caulking compound, a suitable silicone based
sealant, or equivalent.
(4) Verify rigging check of the rudder ................
Before further flight after each inspection required in paragraph (f)(1) of this AD and
after each repair or replacement required in
paragraph (f)(2) of this AD.
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Before further flight after each inspection required in paragraph (f)(1) of this AD and
after each repair or replacement required in
paragraph (f)(2) of this AD.
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As specified in Steps 5 and 6 of Grumman
American Aviation Corporation Ag-Cat
Service Bulletin No. 61, dated June 6,
1977, and following Chapter 4 of FAA Advisory Circular 43.13–1B, Chg 1, dated September 27, 2001, which can be found at
https://rgl.faa.gov/.
As specified in Step 4 of Grumman American
Aviation Corporation Ag-Cat Service Bulletin No. 61, dated June 6, 1977.
Following Ag-Cat Maintenance Manual pages
6–14 through 6–16, copyright 1978; or AgCat G–164D Maintenance Manual pages 6–
24 and 6–29, copyright 1995, as applicable.
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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations
Actions
Compliance
(5) Only install a rudder that has been inspected as specified in paragraph (f)(1) of
this AD, is found free of corrosion, has had
the corrosion protection applied, and has
been sealed as specified in paragraph (f)(3)
of this AD.
As of 30 days after March 17, 2011 (the effective date of this AD).
Procedures
federal_register/code_of_federal_regulations/
ibr_locations.html.
Related Information
(h) For more information about this AD,
contact Andrew McAnaul, Aerospace
Engineer, ASW–150 (c/o MIDO–43), 10100
Reunion Place, Suite 650, San Antonio,
Texas 78216; phone: (210) 308–3365; fax:
(210) 308–3370; e-mail:
andrew.mcanaul@faa.gov.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, Fort Worth Airplane
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
[Release No. 34–63949]
Material Incorporated by Reference
(i) You must use Grumman American
Aviation Corporation Ag-Cat Service Bulletin
No. 61, dated June 6, 1977; Ag-Cat
Maintenance Manual pages 6–14 through
6–16, copyright 1978; and Ag-Cat G–164D
Maintenance Manual pages 6–24 and 6–29,
copyright 1995, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
previously approved the incorporation by
reference of Grumman American Aviation
Corporation Ag-Cat Service Bulletin No. 61,
dated June 6, 1977; Ag-Cat Maintenance
Manual pages 6–14 through 6–16, copyright
1978; and Ag-Cat G–164D Maintenance
Manual pages 6–24 and 6–29, copyright
1995, on December 19, 2008 (73 FR 67372,
November 14, 2008).
(2) For service information identified in
this AD, contact Allied Ag Cat Productions,
Inc., 301 West Walnut Street, P.O. Box 482,
Walnut Ridge, Arkansas 72479; telephone:
(870) 886–2418.
(3) You may review copies of the service
information at the FAA, Small Airplane
Directorate, 901 Locust St., Kansas City,
Missouri 64016. For information on the
availability of this material at the FAA, call
(816) 329–4148.
(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 an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
VerDate Mar<15>2010
15:24 Mar 01, 2011
Jkt 223001
Issued in Kansas City, Missouri, on
February 17, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2011–4160 Filed 3–1–11; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 240
Technical Amendments to Rule 17a–8:
Financial Recordkeeping and
Reporting of Currency and Foreign
Transactions
Securities and Exchange
Commission.
ACTION: Final rule; technical
amendments.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is adopting
technical amendments to Rule 17a–8
under the Securities and Exchange Act
of 1934 (‘‘Exchange Act’’) to update a
reference within the rule to the
implementing regulations of the
Currency and Foreign Transactions
Reporting Act of 1970, as amended
(commonly referred to as the Bank
Secrecy Act or the ‘‘BSA’’). The BSA’s
implementing regulations are
promulgated and administered by the
Financial Crimes Enforcement Network
(‘‘FinCEN’’), a bureau within the
Department of the Treasury. The
reference to the BSA’s implementing
regulations in Rule 17a–8 is being
updated in response to FinCEN’s
reorganization of those regulations into
a new chapter of the Code of Federal
Regulations (‘‘CFR’’).
DATES: Effective Date: March 1, 2011.
FOR FURTHER CONTACT INFORMATION: John
J. Fahey, Office of Chief Counsel,
Division of Trading and Markets,
Securities and Exchange Commission;
(202) 551–5550; 100 F Street, NE.,
Washington, DC 20549.
SUMMARY:
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11327
Not applicable.
I. Supplementary Material
A. Background
The BSA,1 as implemented through
regulations issued and administered by
FinCEN, requires financial institutions,
including broker-dealers registered with
the Commission, to make, keep, retain
and report certain records that are
useful for the purposes of criminal, tax,
or regulatory investigations or
proceedings.2 FinCEN administers the
BSA and its implementing regulations,
and the Commission has oversight
authority for broker-dealers’ compliance
with the BSA’s requirements.3 Exchange
Act Rule 17a–8 requires broker-dealers
to comply with the reporting,
recordkeeping and record retention
requirements of the BSA’s
implementing regulations as found in
part 103 of title 31 of the CFR.4
FinCEN recently reorganized the
BSA’s implementing regulations into a
new chapter within title 31 of the CFR.5
As part of this reorganization, FinCEN
moved the regulations reflected in 31
CFR Part 103 into 31 CFR Chapter X.
When Chapter X becomes effective on
March 1, 2011, 31 CFR Part 103 will be
deleted, thereby rendering the
references to ‘‘part 103 of title 31’’ of the
CFR in Exchange Act Rule 17a–8
incorrect.
B. Technical Amendments to Rule
17a–8
The Commission is amending Rule
17a–8 to conform the current CFR
references to the BSA’s implementing
regulations to those that will apply as a
result of FinCEN’s reorganization of
these regulations. Accordingly, the two
references to ‘‘part 103 of title 31’’ in
Exchange Act Rule 17a–8 will be
1 31
U.S.C. 5311 et seq.
Section 17 of the Exchange Act (15 U.S.C.
78q) and 31 CFR 103.12 (redesignated as 31 CFR
1010.301).
3 See 31 CFR 103.56(a)(6) (redesignated as 31 CFR
1010.810(a)(6)).
4 See Exchange Act Release No. 18321 (December
10, 1981); 46 FR 61454 (December 17, 1981) (‘‘Rule
17a–8 Adopting Release’’).
5 Transfer and Reorganization of Bank Secrecy
Act Regulation; Proposed Rule, 73 FR 66414
(November 7, 2008); Transfer and Reorganization of
Bank Secrecy Act Regulation; Final Rule, 75 FR
65806 (October 26, 2010).
2 See
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]]>Agencies
[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Rules and Regulations]
[Pages 11324-11327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4160]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0149; Directorate Identifier 2011-CE-001-AD;
Amendment 39-16616; AD 2011-05-07]
RIN 2120-AA64
Airworthiness Directives; Allied Ag Cat Productions, Inc. Models
G-164, G-164A, G-164B, G-164B With 73'' Wing Gap, G-164B-15T, G-164B-
34T, G-164B-20T, G-164C, G-164D, and G-164D With 73'' Wing Gap
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires repetitively
inspecting the interior and the exterior of the main tubular spar of
the rudder assembly for corrosion, taking necessary corrective action
if corrosion is found, and applying corrosion protection. This AD
retains the requirements of the previous AD and changes the compliance
time for certain products listed above. This AD was prompted by our
determination that the compliance time specified for Models G-164, G-
164A, and G-164B airplanes does not adequately address the unsafe
condition. We are issuing this AD to detect and correct corrosion in
the rudder main tubular spar, which could result in failure of the
rudder main spar tube. This failure could lead to loss of directional
control.
DATES: This AD is effective March 17, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 19,
2008 (73 FR 67372, November 14, 2008).
We must receive any comments on this AD by April 18, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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,
[[Page 11325]]
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 Allied Ag
Cat Productions, Inc., 301 West Walnut Street, P.O. Box 482, Walnut
Ridge, Arkansas 72479; telephone: (870) 886-2418. You may review copies
of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust St., Kansas City, Missouri 64016. For
information on the availability of this material at the FAA, call (816)
329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 (phone: 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer,
ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio,
Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On October 23, 2008, we issued AD 2008-22-21, Amendment 39-15718
(73 FR 67372, November 14, 2008), for all Allied Ag Cat Productions,
Inc. Models G-164, G-164A, G-164B, G-164B with 73'' wing gap, G-164B-
15T, G-164B-34T, G-164B-20T, G-164C, G-164D, and G-164D with 73'' wing
gap airplanes.
That AD supersedes AD 78-08-09, Amendment 39-3191 (43 FR 16699,
April 20, 1978), and requires repetitively inspecting the interior and
the exterior of the main tubular spar of the rudder assembly for
corrosion, taking necessary corrective action if corrosion is found,
and applying corrosion protection. That AD resulted from failure of the
rudder main tubular spar on a Model G164B airplane not previously
affected by AD 78-08-09.
AD 78-08-09 required a one-time inspection of the interior of the
rudder main tubular spar for corrosion and 300-hour repetitive
inspections of the exterior of the rudder main tubular spar for
corrosion.
Actions Since AD was Issued
Since we issued AD 2008-22-21, we determined the compliance time of
the initial inspection for Models G-164, G-164A, and G-164B airplanes
(airplanes previously affected by AD 78-08-09) allows the interior of
the rudder main tubular spar to remain unchecked for corrosion for up
to an additional 5 years beyond the effective date of AD 2008-22-21.
This compliance time does not adequately address the unsafe condition.
We are issuing this AD to detect and correct corrosion in the
rudder main tubular spar, which could result in failure of the rudder
main spar tube. This failure could lead to loss of directional control.
FAA's Determination
We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
AD Requirements
This AD requires repetitively inspecting the interior and the
exterior of the main tubular spar of the rudder assembly for corrosion,
taking necessary corrective action if corrosion is found, and applying
corrosion protection.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
failure of the rudder main tubular spar could lead to loss of
directional control. Therefore, we find that notice and opportunity for
prior public comment are impracticable and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
Docket Number FAA-2011-0149 and Directorate Identifier 2011-CE-001-AD
at the beginning of your comments. We specifically invite comments on
the overall regulatory, economic, environmental, and energy aspects of
this AD. We will consider all comments received by the closing date and
may amend this AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD affects 2,700 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Drill access hole and visual 4 work-hours X $85 per Not applicable...... $340 $918,000
inspection [retained actions from hour = $340.
existing AD].
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We have no way of determining the cost of repairs, parts
replacement, or the number of airplanes that may require repair or
parts replacement based on the result of the proposed inspections.
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,
[[Page 11326]]
``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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2008-22-21, Amendment 39-15718 (73 FR 67372, November 14, 2008) and
adding the following new AD:
2011-05-07 Allied Ag Cat Productions, Inc.: Amendment 39-16616;
Docket No. FAA-2011-0149; Directorate Identifier 2011-CE-001-AD.
Effective Date
(a) This AD is effective March 17, 2011.
Affected ADs
(b) This AD supersedes AD 2008-22-21, Amendment 39-15718.
Applicability
(c) This AD applies to the following Allied Ag Cat Productions,
Inc. model airplanes, all serial numbers, that are certificated in
any category:
Models
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G-164................................ G-164A................. G-164B................. G-164B with 73'' wing
gap.
G-164B-15T........................... G-164B-20T............. G-164B-34T............. G-164C.
G-164D............................... G-164D with 73'' wing
gap.
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Subject
(d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 55, Stabilizers.
Unsafe Condition
(e) This AD was prompted by reports of the rudder main tubular
spar failing and our determination that the previous compliance
times specified for Models G-164, G-164A, and G-164B airplanes do
not adequately address the unsafe condition. We are issuing this AD
to detect and correct corrosion in the rudder main tubular spar,
which could result in failure of the rudder main spar tube. This
failure could lead to loss of directional control.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
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Actions Compliance Procedures
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(1) Drill an access hole and Initially inspect Following Steps 1
do a visual inspection within the next 30 through 3 of
using a borescope of the days after March Grumman American
lower end internal cavity 17, 2011 (the Aviation
of the rudder main spar effective date of Corporation Ag-Cat
tube for corrosion and do a this AD), unless Service Bulletin
visual inspection of the already done within No. 61, dated June
exterior of the rudder main the previous 60 6, 1977.
spar tube for corrosion. months.
Repetitively
inspect thereafter
at intervals not to
exceed 60 months
from the last
inspection.
(2) If corrosion is found Before further As specified in
during any inspection flight after any Steps 5 and 6 of
required in paragraph inspection in which Grumman American
(f)(1) of this AD, repair corrosion is found. Aviation
in accordance with Chapter Corporation Ag-Cat
4 of FAA Advisory Circular Service Bulletin
43.13-1B, Chg 1, dated No. 61, dated June
September 27, 2001, or 6, 1977, and
replace the damaged part(s). following Chapter 4
of FAA Advisory
Circular 43.13-1B,
Chg 1, dated
September 27, 2001,
which can be found
at https://rgl.faa.gov/.
(3) After each inspection, Before further As specified in Step
repair, or replacement flight after each 4 of Grumman
required in this AD, inspection required American Aviation
corrosion protect the spar in paragraph (f)(1) Corporation Ag-Cat
tube internal cavity by of this AD and Service Bulletin
filling with warm, raw after each repair No. 61, dated June
linseed oil, Paralketone, or replacement 6, 1977.
or CRC3 (LPS Heavy Duty required in
Rust Inhibitor Type 3), or paragraph (f)(2) of
suitable equivalent this AD.
protector for alloy steel,
and allow to drain. Seal
access hole with Scotch
caulking compound, a
suitable silicone based
sealant, or equivalent.
(4) Verify rigging check of Before further Following Ag-Cat
the rudder. flight after each Maintenance Manual
inspection required pages 6-14 through
in paragraph (f)(1) 6-16, copyright
of this AD and 1978; or Ag-Cat G-
after each repair 164D Maintenance
or replacement Manual pages 6-24
required in and 6-29, copyright
paragraph (f)(2) of 1995, as
this AD. applicable.
[[Page 11327]]
(5) Only install a rudder As of 30 days after Not applicable.
that has been inspected as March 17, 2011 (the
specified in paragraph effective date of
(f)(1) of this AD, is found this AD).
free of corrosion, has had
the corrosion protection
applied, and has been
sealed as specified in
paragraph (f)(3) of this AD.
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Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Fort Worth Airplane Certification Office,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
Related Information
(h) For more information about this AD, contact Andrew McAnaul,
Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place,
Suite 650, San Antonio, Texas 78216; phone: (210) 308-3365; fax:
(210) 308-3370; e-mail: andrew.mcanaul@faa.gov.
Material Incorporated by Reference
(i) You must use Grumman American Aviation Corporation Ag-Cat
Service Bulletin No. 61, dated June 6, 1977; Ag-Cat Maintenance
Manual pages 6-14 through 6-16, copyright 1978; and Ag-Cat G-164D
Maintenance Manual pages 6-24 and 6-29, copyright 1995, to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Grumman American Aviation Corporation
Ag-Cat Service Bulletin No. 61, dated June 6, 1977; Ag-Cat
Maintenance Manual pages 6-14 through 6-16, copyright 1978; and Ag-
Cat G-164D Maintenance Manual pages 6-24 and 6-29, copyright 1995,
on December 19, 2008 (73 FR 67372, November 14, 2008).
(2) For service information identified in this AD, contact
Allied Ag Cat Productions, Inc., 301 West Walnut Street, P.O. Box
482, Walnut Ridge, Arkansas 72479; telephone: (870) 886-2418.
(3) You may review copies of the service information at the FAA,
Small Airplane Directorate, 901 Locust St., Kansas City, Missouri
64016. For information on the availability of this material at the
FAA, call (816) 329-4148.
(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 an NARA facility, call 202-741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on February 17, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-4160 Filed 3-1-11; 8:45 am]
BILLING CODE 4910-13-P
