Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Rules and Regulations 9963 

The two comments that were received 

after the deadline have also been 

considered by SBA. Both submitters 

suggested that the regulation be 

amended to include contracts for the 

sale of biomass products to increase the 

number of contracts for which small 

businesses could obtain bonding. SBA 

agrees and has modified the definition 

of ‘‘Contract’’ in this final rule to clarify 

that this change applies to contracts for 

the sale of timber as well as other forest 

products, including biomass. 

Compliance With Executive Orders 

12866, 12988, and 13132, the 

Paperwork Reduction Act (44 U.S.C. Ch. 

35) and the Regulatory Flexibility Act (5 

U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. This rule is also not a major rule 

under the Congressional Review Act. 

Executive Order 12988 

This action meets applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

Executive Order 13132 

For purposes of Executive Order 

13132, SBA has determined that this 

final rule will not have substantial, 

direct effects 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. Therefore, for the 

purpose of Executive Order 13132, 

Federalism, SBA has determined that 

this final rule has no federalism 

implications warranting preparation of a 

federalism assessment. 

Paperwork Reduction Act, 44 U.S.C., 

Ch. 35 

SBA has determined that this final 

rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to the RFA, 

when an agency issues a rulemaking, 

the agency must prepare a regulatory 

flexibility analysis which describes the 

impact of the rule on small entities. 

However, section 605 of the RFA allows 

an agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. Within the 

meaning of RFA, SBA certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. There are 

seventeen Sureties that participate in 

the SBA program, and no part of this 

final rule would impose any significant 

additional cost or burden on them. 

List of Subjects in 13 CFR Part 115 

Claims, Small businesses, Surety 

bonds. 

For the reasons stated in the 

preamble, the Small Business 

Administration amends 13 CFR Part 115 

as follows: 

PART 115—SURETY BOND 

GUARANTEE 

■ 1. The authority citation for part 115 

continues to read as follows: 

Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b, 

687c, 694b, 694b note, Pub. L. 106–554; and 

Pub. L. 108–447, Div. K, Sec. 203. 

■ 2. Amend § 115.10 by revising the 

third sentence of the definition of 

‘‘Contract’’ to read as follows. 

§ 115.10 Definitions. 

* * * * * 

Contract * * * A contract does not 

include a permit, subdivision contract, 

lease, land contract, evidence of debt, 

financial guarantee (e.g., a contract 

requiring any payment by the Principal 

to the Obligee, except for contracts in 

connection with bid and performance 

bonds for the sale of timber and/or other 

forest products, such as biomass, that 

require the Principal to pay the 

Obligee), warranty of performance or 

efficiency, warranty of fidelity, or 

release of lien (other than for claims 

under a guaranteed bond). * * * 

* * * * * 

Karen G. Mills, 

Administrator. 

[FR Doc. 2011–4010 Filed 2–22–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0892; Directorate 

Identifier 2010–NE–32–AD; Amendment 39– 

16615; AD 2011–05–06] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH Models TAE 

125–02–99 and TAE 125–02–114 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), 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) 

issued 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: 

Service experience has shown that fracture 

of the timing chain has occurred due to chain 

wear. This condition, if not corrected, could 

lead to in-flight cases of engine shutdown. 

We are issuing this AD to prevent 

engine in-flight shutdown leading to 

loss of control of the airplane by 

requiring life limits for the timing chain. 

DATES: This AD becomes effective 

March 30, 2011. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 28, 2010 (75 FR 

66342). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Service experience has shown that fracture 

of the timing chain has occurred due to chain 

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9964 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Rules and Regulations 

wear. This condition, if not corrected, could 

lead to in-flight cases of engine shutdown. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

112 engines installed on airplanes of 

U.S. registry. We also estimate that it 

will take about 8 work-hours per 

product to comply with this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $162 per 

engine. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $94,304. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (phone 

(800) 647–5527) is provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2011–05–06 Thielert Aircraft Engines 

GmbH: Amendment 39–16615. Docket 

No. FAA–2010–0892; Directorate 

Identifier 2010–NE–32–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 30, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Thielert Aircraft 

Engines GmbH models TAE 125–02–99 and 

TAE 125–02–114 reciprocating engines 

installed in, but not limited to, Cessna 172 

and (Reims-built) F172 series (European 

Aviation Safety Agency (EASA) 

Supplemental Type Certificate (STC) No. 

EASA.A.S.01527); Piper PA–28 series (EASA 

STC No. EASA.A.S. 01632); APEX (Robin) 

DR 400 series (EASA STC No. A.S.01380); 

and Diamond Aircraft Industries Models DA 

40, DA 42, and DA 42M NG airplanes. 

Reason 

(d) This AD results from mandatory 

continuing airworthiness information (MCAI) 

issued 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: 

Service experience has shown that fracture 

of the timing chain has occurred due to chain 

wear. This condition, if not corrected, could 

lead to in-flight cases of engine shutdown. 

We are issuing this AD to prevent engine 

in-flight shutdown leading to loss of control 

of the airplane by requiring life limits for the 

timing chain. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

Initial Replacement of Timing Chain 

(1) For engines with serial numbers (S/Ns) 

listed in Table 1 of this AD, replace the 

timing chain within 600 flight hours-sincenew, or no later than 55 flight hours after the 

effective date of this AD, whichever occurs 

later. 

TABLE 1—S/NS OF ENGINES AFFECTED BY THE COMPLIANCE TIME IN

PARAGRAPH (E)(1) OF THIS AD 

02–02–01510 to 02–02–01514 inclusive 

02–02–01518 to 02–02–01520 inclusive 

02–02–01529 

02–02–01717 

02–02–01718 

02–02–01720 

02–02–01721 

02–02–01727 

02–02–01728 

02–02–01730 to 02–02–01733 inclusive 

02–02–01739 to 02–02–01752 inclusive 

(2) For engines with S/Ns not listed in 

Table 1 of this AD, replace the timing chain 

within 910 flight hours-since-new, or no later 

than 55 flight hours after the effective date 

of this AD, whichever occurs later. 

Repetitive Replacements of Timing Chains 

for All TAE 125–02–99 and TAE 125–02–114 

Engines 

(3) Thereafter, for all TAE 125–02–99 and 

TAE 125–02–114 engines, repetitively 

replace the timing chain within every 

additional 910 flight hours. 

(4) Guidance on replacing the timing chain 

can be found in Thielert Aircraft Engines 

GmbH Service Bulletin No. TM TAE 125– 

1010 P1, Revision 2, dated May 26, 2010. 

FAA AD Differences 

(f) This AD differs from the MCAI and/or 

service information, which require initial 

replacement of the timing chain for the 

engines listed in paragraph (e)(1) above 

within either the next 110 flight hours or at 

the next maintenance, whichever occurs first, 

for those engines having accumulated 

between 500 and 600 flight hours time-sincenew. The reason for the difference is to 

ensure that the compliance requirements for 

all engines in paragraph (e)(1) above are 

consistent. 

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Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Rules and Regulations 9965 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency AD 2010–0136, dated June 30, 

2010, and Thielert Aircraft Engines GmbH 

Service Bulletin No. TM TAE 125–1010 P1, 

Revision 2, dated May 26, 2010, for related 

information. Contact Thielert Aircraft 

Engines GmbH, Platanenstrasse 14 D–09350, 

Lichtenstein, Germany, telephone: +49– 

37204–696–0; fax: +49–37204–696–55; email: info@centurion-engines.com, for a copy 

of this service information. 

(i) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199, for more 

information about this AD. 

Material Incorporated by Reference 

(j) None. 

Issued in Burlington, Massachusetts, on 

February 16, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–3917 Filed 2–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0936; Airspace 

Docket No. 10–AEA–23] 

Amendment of Class E Airspace and 

Revocation of Class E Airspace; 

Easton, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

surface airspace and airspace 700 feet 

above the surface, and removes Class E 

airspace designated as an extension to 

Class D airspace at Easton, MD. The 

Easton Non-Directional Beacon (NDB) 

has been decommissioned and new 

Standard Instrument Approach 

Procedures (SIAPs) have been 

developed for Easton Airport/Newnam 

Field. This action enhances the safety 

and airspace management of Instrument 

Flight Rules (IFR) operations at the 

airport. 

DATES: Effective 0901 UTC, May 5, 2011. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P. O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

History 

On October 22, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E surface airspace and airspace 

700 feet above the surface, and remove 

Class E airspace designated as an 

extension to Class D airspace at Easton, 

MD (75 FR 65250) Docket No. FAA– 

2010–0936. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E surface airspace and 

Class E airspace extending upward from 

700 feet above the surface to 

accommodate new SIAPs developed for 

Easton Airport/Newnam Field, Easton, 

MD, as the Easton NDB has been 

decommissioned. This eliminates the 

need for Class E airspace designated as 

an extension to Class D surface area, 

and, therefore, will be removed for the 

continued safety and management of 

IFR operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

amends Class E airspace at Easton, MD. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA MD E2 Easton, MD [AMENDED] 

Easton Airport/Newnam Field, MD 

(Lat. 38°48′15′′ N., long. 76°04′08′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.0-mile radius of the Easton 

Airport/Newnam Field. This Class E airspace 

area is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

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