80686 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 

(13) Plant, equipment and process 

upgrades of renewable energy sources 

such as the small-scale production of 

energy for individual buildings’ or 

communities’ consumption, commonly 

known as micropower, or renewable 

fuels producers including biodiesel and 

ethanol producers. 

■ 46. Amend 120.1400 by: 

■ a. Removing the date ‘‘October 20, 

2017’’ in paragraphs (a)(1) and (2) and 

adding in their place the date ‘‘January 

1, 2018’’; and 

■ b. Adding two sentences to the end of 

paragraphs (a)(1) and (2). 

The additions read as follows: 

§ 120.1400 Grounds for enforcement 

actions—SBA Lenders. 

(a) * * * 

(1) * * * The CDC’s consent does not 

preclude the CDC from contesting 

whether or not SBA has established the 

grounds for seeking the remedy of a 

receivership. A CDC’s consent to 

receivership as a remedy does not 

require SBA to seek appointment of a 

receiver in any particular SBA 

enforcement action. 

(2) * * * The SBA Supervised 

Lender’s consent does not preclude 

such Lender from contesting whether or 

not SBA has established the grounds for 

seeking the remedy of a receivership. 

The SBA Supervised Lender’s consent 

to receivership as a remedy does not 

require SBA to seek appointment of a 

receiver in any particular SBA 

enforcement action. 

* * * * * 

■ 47. Amend § 120.1500 by adding a 

sentence at the end of paragraph (c)(3), 

adding paragraphs (c)(3)(i) and (ii), and 

adding two sentences after the first 

sentence of paragraph (e)(3) to read as 

follows: 

§ 120.1500 Types of enforcement 

actions—SBA Lenders. 

* * * * * 

(c) * * * 

(3) * * * In deciding whether to seek 

the appointment of a receiver and in 

determining the scope of a receivership, 

SBA will consider the following factors, 

in its discretion: 

(i) For NFRLs: 

(A) The existence of fraud or false 

statements; 

(B) The NFRL’s refusal to cooperate 

with SBA enforcement action 

instructions or orders; 

(C) The NFRL’s insolvency (legal or 

equitable); 

(D) The size of the NFRL’s SBA loan 

portfolio(s) in relation to other activities 

of the NFRL; 

(E) The dollar amount of any claims 

SBA may have against the NFRL; 

(F) The NFRL’s failure to comply 

materially with any requirement 

imposed by Loan Program 

Requirements; and/or 

(G) The existence of other non-SBA 

enforcement actions against the NFRL; 

(ii) For SBLCs: 

(A) The existence of fraud or false 

statements; 

(B) The SBLC’s refusal to cooperate 

with SBA enforcement action 

instructions or orders; 

(C) The SBLC’s insolvency (legal or 

equitable); 

(D) The dollar amount of any claims 

SBA may have against the SBLC; and/ 

or 

(E) The SBLC’s failure to comply 

materially with any requirement 

imposed by Loan Program 

Requirements. 

* * * * * 

(e) * * * 

(3) * * * SBA will limit the scope of 

the receivership to the CDC’s assets 

related to the SBA loan program(s) 

except where the CDC’s business is 

almost exclusively SBA-related. SBA 

will only seek a receivership if there is 

either the existence of fraud or false 

statements, or if the CDC has refused to 

cooperate with SBA enforcement action 

instructions or orders. * * * 

PART 123—DISASTER LOAN 

PROGRAM 

■ 48. The authority citation for part 123 

continues to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

636(d), and 657n. 

§ 123.17 [Amended] 

■ 49. Amend § 123.17 by removing the 

words ‘‘lead-based paint,’’. 

Jovita Carranza, 

Administrator. 

[FR Doc. 2020–26446 Filed 12–11–20; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0883; Project 

Identifier 2019–CE–034–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rockwell 

Collins, Inc. Flight Display System 

Application 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

AD 2019–12–09, which applies to 

certain Rockwell Collins, Inc. (Rockwell 

Collins) FDSA–6500 flight display 

system applications installed on 

airplanes. AD 2019–12–09 imposes 

operating limitations on the traffic 

collision avoidance system (TCAS). AD 

2019–12–09 was prompted by conflict 

between the TCAS display indications 

and aural alerts that may occur during 

a resolution advisory (RA) scenario. 

This proposed AD would retain the 

requirements of AD 2019–12–09 until a 

software upgrade is completed. The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by January 28, 

2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Rockwell Collins at 

Collins Aviation Services, 400 Collins 

Road NE, M/S 164–100, Cedar Rapids, 

IA 52498–0001; phone: 319–295–9258; 

fax: 319–295–4351; email: 

techmanuals@rockwellcollins.com; 

website: https://www.rockwell

collins.com/Services_and_Support/ 

Publications.aspx. You may view the 

service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. 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 at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–0883; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Nhien Hoang, Aviation Safety Engineer, 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 80687 

Wichita ACO Branch, FAA, 1801 

Airport Road, Wichita, Kansas 67209; 

phone: (316) 946–4157; fax: (316) 946– 

4107; email: Nhien.Hoang@faa.gov or 

Wichita-COS@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under the ADDRESSES section. Include 

‘‘Docket No. FAA–2020–0883; Project 

Identifier 2019–CE–034–AD’’ at the 

beginning of your comments. The most 

helpful comments reference a specific 

portion of the proposal, explain the 

reason for any recommended change, 

and include supporting data. The FAA 

will consider all comments received by 

the closing date and may amend the 

proposal because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Nhien Hoang, 

Aviation Safety Engineer, Wichita ACO 

Branch, FAA, 1801 Airport Road, 

Wichita, Kansas 67209; phone: (316) 

946–4157; fax: (316) 946–4107; email: 

Nhien.Hoang@faa.gov or Wichita-COS@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA issued a final rule; request 

for comment to add AD 2019–12–09, 

Amendment 39–19664 (84 FR 32260, 

dated July 8, 2019), (AD 2019–12–09) 

for certain part-numbered Rockwell 

Collins FDSA–6500 flight display 

system applications. These applications 

may be installed on, but not limited to, 

Bombardier Inc. Model CL–600–2B16 

(604 variant) airplanes and Textron 

Aviation Inc. Models 525B, B200, 

B200C, B200CGT, B200GT, B300, 

B300C, and C90GTi airplanes. AD 2019– 

12–09 resulted from a report that a 

conflict could occur between the TCAS 

primary cockpit display indications and 

the aural alerts during an RA scenario. 

During testing of a full flight simulator 

on a development program, the TCAS 

fly-to/avoidance cue indication on the 

primary cockpit displays conflicted 

with other TCAS system information, 

such as aural cues, during an RA 

scenario. While the aural alert will 

provide the pilot with accurate 

information to resolve the RA, that 

information is not accurately 

represented by the TCAS fly-to/ 

avoidance cue display. Specifically, the 

TCAS fly-to/avoidance cue is displayed 

relative to the aircraft horizon line 

instead of the aircraft symbol. Rockwell 

Collins determined that the data from 

the TCAS is being translated incorrectly 

by the FDSA–6500 software prior to 

display of the RA pitch indications. 

AD 2019–12–09 prohibited operation 

with the TCAS in TA/RA mode by 

requiring a revision to the Limitations 

section of the airplane flight manual 

(AFM) or AFM supplement (AFMS) and 

by fabricating and installing a placard 

on each aircraft primary flight display. 

The FAA issued AD 2019–12–09 to 

prevent the pilot from over-correcting or 

under-correcting for aircraft separation, 

which may result in a mid-air collision. 

The FAA issued AD 2019–12–09 as 

interim action. This NPRM would retain 

the operating prohibition of AD 2019– 

12–09 and would require installing 

updated software on the flight data 

system applications within 12 months. 

Once the software is upgraded, this 

NPRM proposes to allow removal of the 

limitations and placard. Because these 

proposed requirements would have a 

longer compliance time, the FAA is 

providing the public an opportunity to 

comment. 

FAA’s Determination 

The FAA is issuing this NPRM after 

determining that the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Rockwell Collins 

Service Information Letter FDSA–6500– 

19–1, Revision No. 2, dated June 12, 

2019. This service information letter 

contains information regarding 

hardware and software compatibility for 

the FDSA–6500 flight display system 

and provides software download 

instructions. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would retain the 

placard and operating requirements of 

AD 2019–12–09 and require updating 

the FDSA–6500 software. After this 

software update, this proposed AD 

would allow removal of the placard and 

operating limitations required by AD 

2019–12–09. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 932 

FDSA–6500 flight display system 

applications installed on 311 airplanes 

worldwide. The FAA has no way of 

knowing the number of FDSA–6500 

applications installed on airplanes of 

U.S. Registry. The estimated cost on 

U.S. operators reflects the maximum 

possible cost based on worldwide 

applications. 

The FAA estimates the following 

costs to comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Revise the Limitations section of 

the AFM or AFMS.

.5 work-hour × $85 per hour = 

$42.50.

Not applicable ....... $42.50 (per airplane) ................ Up to $13,217.50. 

Fabricate and install a placard ... .5 work-hour × $85 per hour = 

$42.50.

Negligible .............. $42.50 (per primary flight display).Up to $39,610. 


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80688 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 

ESTIMATED COSTS—Continued 

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

FDSA–6500 software upgrade ... 1 work-hour × $85 per hour = 

$85.

Not applicable ....... $85 (per primary flight display) Up to $79,220. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some of the 

costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected operators. 

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. 

The FAA is 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 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

■ a. Removing Airworthiness Directive 

2019–12–09, Amendment 39–19664 (84 

FR 32260, dated July 8, 2019); and 

■ b. Adding the following new 

airworthiness directive: 

Rockwell Collins, Inc.: Docket No. FAA– 

2020–0883; Project Identifier 2019–CE– 

034–AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by January 28, 

2021. 

(b) Affected ADs 

This AD replaces AD 2019–12–09, 

Amendment 39–19664 (84 FR 32260, dated 

July 8, 2019) (AD 2019–12–09). 

(c) Applicability 

This AD applies to Rockwell Collins, Inc., 

(Rockwell Collins) Flight Display System 

Application FDSA–6500 part numbers (P/Ns) 

810–0234–1H0001, 810–0234–1H0002, 810– 

0234–1H0003, 810–0234–2H0001, 810– 

0234–2C0001, 810–0234–2C0002, and 810– 

0234–4B0001. These applications are 

installed on, but not limited to, Bombardier 

Inc. Model CL–600–2B16 (604 variant) 

airplanes and Textron Aviation Inc. Models 

525B, B200, B200C, B200CGT, B200GT, 

B300, B300C, and C90GTi airplanes, 

certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 3400, NAVIGATION SYSTEM. 

(e) Unsafe Condition 

This AD was prompted by a conflict 

between the traffic collision avoidance 

system (TCAS) primary display indications 

and aural alerts during a resolution advisory 

(RA) scenario. The FAA is issuing this AD to 

prevent conflicting TCAS information, which 

could result in the pilot under-correcting or 

over-correcting and may lead to inadequate 

aircraft separation and a mid-air collision. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Actions 

(1) Within 30 days after July 23, 2019 (the 

effective date of AD 2019–12–09), do the 

following: 

(i) Revise the airplane flight manual (AFM) 

or AFM supplement (AFMS) by adding the 

following text to the Limitations section: For 

TCAS II installations, during flight, do not 

operate TCAS in the ‘‘TA/RA’’ mode; TCAS 

may only be operated in ‘‘TA Only’’ mode. 

(ii) Fabricate a placard for each aircraft 

primary flight display, using at least 1⁄8 inch 

letters, with the following text: TCAS Flight 

Ops—TA Only mode (TA/RA mode 

prohibited). 

(iii) Install the placard on the bottom of 

each aircraft primary flight display bezel in 

the area depicted in figure 1 to paragraph 

(g)(1)(iii) of this AD. 


jbell on DSKJLSW7X2PROD with PROPOSALS
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Note 1 to paragraph (g)(1): In ‘‘TA/RA’’ 

mode, the TA stands for traffic advisory and 

RA stands for resolution advisory. 

(2) In addition to the provisions of 14 CFR 

43.3 and 43.7, the actions required by 

paragraphs (g)(1)(i) through (iii) of this AD 

may be performed by the owner/operator 

(pilot) 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(a)(1) 

through (4) and 14 CFR 91.417(a)(2)(v). The 

record must be maintained as required by 14 

CFR 91.417. This authority is not applicable 

to aircraft being operated under 14 CFR part 

119. 

(3) Within 12 months after the effective 

date of this AD, upgrade the FDSA–6500 

field loadable software for your airplane as 

listed in the table in Section C and by 

following the instructions in Section F of 

Rockwell Collins Service Information Letter 

FDSA–6500–19–1, Revision No. 2, dated June 

12, 2019. 

(4) The airplane flight manual revision and 

placards required by paragraph (g)(1) of this 

AD may be removed after completing the 

software upgrade required by paragraph (g)(3) 

of this AD. 

(5) As of the effective date of this AD, do 

not install a Rockwell Collins Flight Display 

System Application FDSA–6500 P/N 810– 

0234–1H0001, 810–0234–1H0002, 810– 

0234–1H0003, 810–0234–2H0001, 810– 

0234–2C0001, 810–0234–2C0002, or 810– 

0234–4B0001 on any airplane. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita ACO Branch, 

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 

certification office, send it to the attention of 

the person identified in Related Information. 

(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. 

(i) Related Information 

(1) For more information about this AD, 

contact Nhien Hoang, Aviation Safety 

Engineer, Wichita ACO Branch, FAA, 1801 

Airport Road, Room 100, Wichita, Kansas 

67209; phone: (316) 946–4157; fax: (316) 

946–4107; email: nhien.hoang@faa.gov or 

Wichita-COS@faa.gov. 

(2) For service information identified in 

this AD, contact Rockwell Collins, Inc. at 

Collins Aviation Services, 400 Collins Road 

NE, M/S 164–100, Cedar Rapids, IA 52498– 

0001; phone: (319) 295–9258; fax: (319) 295– 

4351; email: techmanuals@

rockwellcollins.com; website: https://

www.rockwellcollins.com/Services_and_

Support/Publications.aspx. You may view 

this referenced service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (816) 329–4148. 

Issued on December 8, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–27281 Filed 12–11–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1123; Project 

Identifier MCAI–2020–01294–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2016–23–05, which applies to certain 

Airbus Helicopters Model SA–365N1, 

AS–365N2, AS 365 N3, SA–366G1, EC 

155B, and EC155B1 helicopters. AD 

2016–23–05 requires repetitive checks 

of the oil level of the tail rotor gearbox 

and, if necessary, filling the oil to the 


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