Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 14333 

(b)(1) and adding a new paragraph (e) to 

read as follows: 

§ 123.202 How much can my business 

borrow with a physical disaster loan? 

(a) Disaster business loans, including 

both physical disaster and economic 

injury loans to the same borrower, 

together with its affiliates, cannot 

exceed the lesser of the uncompensated 

physical loss and economic injury or 

$2 million. Physical disaster loans may 

include amounts to meet current 

building code requirements. If your 

business is a major source of 

employment, SBA may waive the 

$2 million limitation. A major source of 

employment is a business concern that 

has one or more locations in the disaster 

area, on or after the date of the disaster, 

which: 

* * * * * 

(b) SBA will consider waiving the 

$2 million loan limit for a major source 

of employment only if: 

(1) Your damaged location or 

locations are out of business or in 

imminent danger of going out of 

business as a result of the disaster, and 

a loan in excess of $2 million is 

necessary to reopen or keep open the 

damaged locations in order to avoid 

substantial unemployment in the 

disaster area; and 

* * * * * 

(e) The SBA Administrator may 

increase the $2 million loan limit for 

disaster business physical and economic 

injury loans under an individual 

disaster declaration based on 

appropriate economic indicators for the 

region(s) in which the disaster occurred. 

SBA will publish the increased loan 

amount in the Federal Register. 

■ 6. Amend § 123.203 by revising the 

second sentence of paragraph (a) and 

adding new paragraph (c) to read as 

follows: 

§ 123.203 What interest rate will my 

business pay on a physical disaster 

business loan and what are the repayment 

terms? 

(a) * * * If your business, together 

with its affiliates and principal owners, 

has credit elsewhere, your interest rate 

is set by a statutory formula, but will not 

exceed 8 percent per annum. * * * 

* * * * * 

(c) For certain disaster business 

physical and economic injury loans, an 

additional payment, based on a 

percentage of net earnings, will be 

required to reduce the balance of the 

loan. This additional payment will not 

be required until 5 years after 

repayment begins. 

■ 7. Revise § 123.204 to read as follows: 

§ 123.204 How much can your business 

borrow for post-disaster mitigation? 

For mitigation measures implemented 

after a disaster has occurred, you can 

request an increase in the approved 

physical disaster business loan by the 

lesser of the cost of the mitigation 

measure, or up to 20 percent of the 

verified loss, before deducting 

compensation from other sources, to 

repair or replace your damaged 

business. 

■ 8. Amend § 123.300 by revising 

paragraph (b), (c)(3) and adding new 

paragraph (d) to read as follows: 

§ 123.300 Is my business eligible to apply 

for an economic injury disaster loan? 

* * * * * 

(b) Economic injury disaster loans are 

available only if you were a small 

business (as defined in part 121 of this 

chapter) or a private non-profit 

organization when the declared disaster 

commenced, you and your affiliates and 

principal owners (20% or more 

ownership interest) have used all 

reasonably available funds, and you are 

unable to obtain credit elsewhere (see 

§ 123.104). 

(c) * * * 

(3) Producer cooperatives; and 

(d) An eligible private non-profit 

organization is a non-governmental 

agency or entity that currently has: 

(1) An effective ruling letter from the 

U.S. Internal Revenue Service, granting 

tax exemption under sections 510(c), 

(d), or (e) of the Internal Revenue Code 

of 1954, or 

(2) Satisfactory evidence from the 

State that the non-revenue producing 

organization or entity is a non-profit one 

organized or doing business under State 

law. 

■ 9. Amend § 123.301 by revising 

paragraph (b) to read as follows: 

§ 123.301 When would my business not be 

eligible to apply for an economic injury 

disaster loan? 

* * * * * 

(b) A non-profit or charitable concern, 

other than a private non-profit 

organization; 

* * * * * 

■ 10. Amend § 123.507 by revising the 

introductory paragraph and paragraph 

(a) to read as follows: 

§ 123.507 Under what circumstances will 

SBA consider waiving the $2 million loan 

limit? 

SBA will consider waiving the 

$2 million limit if you can certify to the 

following conditions and SBA approves 

of such certification based on the 

information supplied in your 

application: 

(a) Your small business is a major 

source of employment. A major source 

of employment is a business concern 

that, on or after the date of the disaster: 

* * * * * 

Dated: March 5, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–6430 Filed 3–24–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0274; Directorate 

Identifier 2010–NM–055–AD; Amendment 

39–16248; AD 2010–07–04] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and Model 

ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

It has been determined that due to an 

intermittent communication between AMS 

[Air Management System] controller cards 

and both Secondary Power Distribution 

Assemblies (SPDAs) the message ‘‘RECIRC 

SMK DET FAIL’’ is displayed in the Engine 

Indication and Crew Alerting System 

(EICAS). This communication failure could 

result in loss of automatic activation of 

engine inlet ice protection system when in 

ice condition. In this situation the caution 

messages ‘‘A–I Eng 1 Fail’’ and ‘‘A–I Eng 2 

Fail’’ will be displayed and if the flight crews 

do not follow the associated procedures ice 

may accrete in the engines inlet and cause a 

dual engine shut down. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective April 

9, 2010. 

We must receive comments on this 

AD by May 10, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

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14334 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 

• 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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2010–01–01 

and 2010–01–02, both effective January 

31, 2010 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

It has been determined that due to an 

intermittent communication between AMS 

[Air Management System] controller cards 

and both Secondary Power Distribution 

Assemblies (SPDAs) the message ‘‘RECIRC 

SMK DET FAIL’’ is displayed in the Engine 

Indication and Crew Alerting System 

(EICAS). This communication failure could 

result in loss of automatic activation of 

engine inlet ice protection system when in 

ice condition. In this situation the caution 

messages ‘‘A–I Eng 1 Fail’’ and ‘‘A–I Eng 2 

Fail’’ will be displayed and if the flight crews 

do not follow the associated procedures ice 

may accrete in the engines inlet and cause a 

dual engine shut down. 

* * * * * 

The required action includes revising 

the Limitations section of the airplane 

flight manual to prohibit dispatch with 

message ‘‘RECIRC SMK DET FAIL’’ 

displayed on the ground unless 

troubleshooting action confirms the 

message has not been triggered due to a 

failure of an AMS controller card. You 

may obtain further information by 

examining the MCAI in the AD docket. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

FAA’s 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 an intermittent 

communication failure between AMS 

controller cards and both SPDAs could 

result in the loss of automatic activation 

of the engine inlet ice protection system 

when in icing conditions. In this 

situation, the caution messages ‘‘A–I Eng 

1 Fail’’ and ‘‘A–I Eng 2 Fail’’ will be 

displayed. If the flight crews do not 

follow the associated procedures, ice 

may accrete in the engines’ inlet and 

cause a dual engine shut down. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0274; 

Directorate Identifier 2010–NM–055– 

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 http:// 

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. 

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; 

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Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 14335 

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. 

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: 

2010–07–04 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16248. Docket No. 

FAA–2010–0274; Directorate Identifier 

2010–NM–055–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 9, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model ERJ 

170–100 LR, –100 STD, –100 SE, and –100 

SU airplanes; Model ERJ 170–200 LR, –200 

SU, and –200 STD airplanes; Model ERJ 190– 

100 STD, –100 LR, –100 ECJ, and –100 IGW 

airplanes; and Model ERJ 190–200 STD, –200 

LR, and –200 IGW airplanes; certificated in 

any category; equipped with Air Management 

System (AMS) controller cards having part 

number 1001050–1–YYY or 1001050–2–YYY 

containing software version Black Label 08 or 

lower installed. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 26: Fire protection. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

It has been determined that due to an 

intermittent communication between AMS 

[Air Management System] controller cards 

and both Secondary Power Distribution 

Assemblies (SPDAs) the message ‘‘RECIRC 

SMK DET FAIL’’ is displayed in the Engine 

Indication and Crew Alerting System 

(EICAS). This communication failure could 

result in loss of automatic activation of 

engine inlet ice protection system when in 

ice condition. In this situation the caution 

messages ‘‘A–I Eng 1 Fail’’ and ‘‘A–I Eng 2 

Fail’’ will be displayed and if the flight crews 

do not follow the associated procedures ice 

may accrete in the engines inlet and cause a 

dual engine shut down. 

* * * * * 

The required action includes revising the 

Limitations section of the airplane flight 

manual to prohibit dispatch with message 

‘‘RECIRC SMK DET FAIL’’ displayed on the 

ground unless troubleshooting action 

confirms the message has not been triggered 

due to a failure of an AMS controller card. 

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. 

Actions 

(g) Within 10 days after the effective date 

of this AD, revise the Limitations section of 

the airplane flight manual (AFM) to include 

the following statement. This may be done by 

inserting a copy of this AD in the AFM. 

‘‘Dispatch with the message ‘RECIRC SMK 

DET FAIL’ displayed on the ground is 

prohibited unless troubleshooting action 

confirms the message has not been triggered 

due to a failure of an AMS controller card.’’ 

Note 1: When a statement identical to that 

in paragraph (g) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

Note 2: The limitation and procedure 

specified in paragraph (g) of this AD is an 

interim solution until a final action is 

identified, at which time the FAA might 

consider further rulemaking. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Cindy Ashforth, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2768; fax (425) 227–1149. 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

(i) Special Flight Permits: We are 

prohibiting the issuance of special flight 

permits to operate the airplane to a location 

to replace the AMS controller card, unless 

the following condition is met: The flight 

crew must manually engage the engine antiice system if icing conditions occur during 

any ferry flight. 

Related Information 

(j) Refer to MCAI Brazilian Airworthiness 

Directives 2010–01–01 and 2010–01–02, both 

effective January 31, 2010, for related 

information. 

Material Incorporated by Reference 

(k) None. 

Issued in Renton, Washington, on March 

16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6518 Filed 3–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 748, and 774 

[Docket No. 0906041008–91452–01] 

RIN 0694–AE64 

Revisions to the Export Administration 

Regulations To Enhance U.S. 

Homeland Security: Addition of Three 

Export Control Classification Numbers 

(ECCNs) and License Review Policy 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

revising controls to advance U.S. 

homeland security and foreign policy 

interests. The revisions include 

language that should facilitate public 

understanding of how concealed object 

detection equipment is treated for 

purposes of U.S. Government export 

controls, in particular by detailing the 

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