Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 4265 

utilization standard greater than twentyfive (25) percent; and 

(ii) EDA may require an RLF 

Recipient with an RLF Capital base in 

excess of $4 million to adopt a Plan that 

maintains a proportionately higher 

percentage of its funds loaned. 

(2) When the percentage of loaned 

RLF Capital falls below the capital 

utilization standard, the dollar amount 

of the RLF funds equivalent to the 

difference between the actual 

percentage of RLF Capital loaned and 

the capital utilization standard is 

referred to as ‘‘excess funds.’’ 

(i) Sequestration of excess funds. If 

the RLF Recipient fails to satisfy the 

capital utilization standard for two (2) 

consecutive Reporting Periods, EDA 

may require the RLF Recipient to 

deposit excess funds in an interestbearing account. The portion of interest 

earned on the account holding excess 

funds attributable to the Federal Share 

(as defined in § 314.5 of this chapter) of 

the RLF Grant shall be remitted to the 

U.S. Treasury. The RLF Recipient must 

obtain EDA’s written authorization to 

withdraw any sequestered funds. 

(ii) Persistent non-compliance. An 

RLF Recipient will generally be allowed 

a reasonable period of time to lend 

excess funds and achieve the capital 

utilization standard. However, if an RLF 

Recipient fails to achieve the capital 

utilization standard after a reasonable 

period of time, as determined by EDA, 

it may be subject to sanctions such as 

suspension or termination. 

* * * * * 

■ 21. Revise paragraph (c) of § 307.17 to 

read as follows: 

§ 307.17 Uses of capital. 

* * * * * 

(c) Compliance and Loan Quality 

Review. To ensure that the RLF 

Recipient makes eligible RLF loans 

consistent with its RLF Plan or such 

other purposes approved by EDA, EDA 

may require an independent third party 

to conduct a compliance and loan 

quality review for the RLF Grant every 

three (3) years. The RLF Recipient may 

undertake this review as an 

administrative cost associated with the 

RLF’s operations provided the 

requirements set forth in § 307.12 are 

satisfied. 

* * * * * 

■ 22. Revise paragraphs (a)(1)(viii) and 

(b) of § 307.21 to read as follows: 

§ 307.21 Termination of Revolving Loan 

Funds. 

(a)(1) * * * 

(viiii) Comply with the audit 

requirements set forth in OMB Circular 

A–133 and the related Compliance 

Supplement, including reference to the 

correctly valued EDA RLF federal 

expenditures in the Schedule of 

Expenditures of Federal Awards 

(‘‘SEFA’’), timely submission of audit 

reports to the Federal Audit 

Clearinghouse and the correct 

designation of the RLF as a ‘‘major 

program’’ (as that term is defined in 

OMB Circular A–133); 

* * * * * 

(b) EDA may approve a request from 

an RLF Recipient to terminate an RLF 

Grant. The RLF Recipient must 

compensate the Federal government for 

the Federal Share of the RLF property, 

including the current value of all 

outstanding RLF loans. However, with 

EDA’s prior approval, upon a showing 

of compelling circumstances, the RLF 

Recipient may retain and use for other 

economic development activities the 

RLF Recipient’s share of RLF Income (or 

program income) generated by the RLF. 

* * * * * 

PART 308—PERFORMANCE 

INCENTIVES 

■ 23. The authority citation for part 308 

continues to read as follows: 

Authority: 42 U.S.C. 3151; 42 U.S.C. 3154a; 

42 U.S.C. 3154b; Department of Commerce 

Delegation Order 10–4. 

■ 24. Revise paragraph (b)(4) of § 308.2 

to read as follows: 

§ 308.2 Performance awards. 

* * * * * 

(b) * * * 

(4) Fulfill the application evaluation 

criteria set forth in § 301.8 of this 

chapter; or 

* * * * * 

PART 313—COMMUNITY TRADE 

ADJUSTMENT ASSISTANCE 

■ 25. The authority citation for part 313 

continues to read as follows: 

Authority: 19 U.S.C. 2341 et seq., as 

amended by Division B, Title I, Subtitle I, 

Part II of Pub. L. No. 111–5; 42 U.S.C. 3211; 

Department of Commerce Organizational 

Order 10–4. 

■ 26. Revise paragraph (a)(2) of § 313.4 

to read as follows: 

§ 313.4 Affirmative determinations. 

(a) * * * 

(2) The Community submits the 

petition no later than 180 days after the 

date of the most recent Cognizable 

Certification. 

* * * * * 

PART 315—TRADE ADJUSTMENT 

ASSISTANCE FOR FIRMS 

■ 27. The authority citation for part 315 

continues to read as follows: 

Authority: 19 U.S.C. 2341 et seq., as 

amended by Division B, Title I, Subtitle I, 

Part II of Pub. L. No. 111–5; 42 U.S.C. 3211; 

Department of Commerce Organization Order 

10–4. 

■ 28. Revise paragraph (b)(5)(iii) of 

§ 315.7 to read as follows: 

§ 315.7 Certification requirements. 

* * * * * 

(b) * * * 

(5) * * * 

(iii) An Increase in Imports has 

Contributed Importantly to the 

applicable Total or Partial Separation or 

Threat of Total or Partial Separation, 

and to the applicable decline in sales or 

production or supply of services. 

Dated: January 15, 2010. 

Brian P. McGowan, 

Deputy Assistant Secretary of Commerce for 

Economic Development. 

[FR Doc. 2010–1350 Filed 1–26–10; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1148; Directorate 

Identifier 2009–SW–36–AD; Amendment 39– 

16185; AD 2010–03–02] 

RIN 2120–AA64 

Airworthiness Directives; Lifesavings 

Systems Corp., D-Lok Hook Assembly 

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 

Lifesavings Systems Corp., D-Lok Hook 

assembly installed on certain rescue 

hoist assemblies. This AD results from 

a mandatory continuing airworthiness 

information (MCAI) AD issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI AD states that 

rescue hoist operators have reported 

surface irregularities and discontinuities 

on certain D-Lok Hooks because of an 

unapproved change in the hook design 

and manufacturing process from forged 

material to cast material that have 

different physical properties. The 


hsrobinson on DSK69SOYB1PROD with RULES
4266 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 

actions are intended to prevent failure 

of a hook during rescue hoist 

operations, loss of the rescued 

passenger, and subsequent serious 

injury or fatality. 

DATES: This AD becomes effective on 

February 11, 2010. 

We must receive comments on this 

AD by March 29, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this AD from Goodrich 

Corporation, Sensors and Integrated 

Systems, 1550 S. Valley Vista Dr., 

Diamond Bar, California 91765, 

telephone 1–909–569–0210, fax 1–909– 

569–0387; and from Breeze-Eastern 

Corporation, 700 Liberty Avenue, 

Union, NJ 07083–8198, telephone 1– 

908–686–4000, Ext. 3897 or 3890 or 1– 

800–929–1919 (toll free United States 

and Canada only), fax 1–908–688–6495, 

e-mail customerservice@breezeeastern.com. 

Examining the 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 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is 

stated in the ADDRESSES section of this 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Gary 

Roach, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, 

Regulations and Guidance Group, 2601 

Meacham Blvd, Fort Worth, Texas 

76137, telephone (817) 222–5130, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No. 

2009–0183–E, dated August 14, 2009, 

which is the latest of 4 MCAI ADs that 

have been issued, to correct an unsafe 

condition for certain helicopters with 

certain D-Lok Hook assemblies installed 

on Goodrich and Breeze-Eastern rescue 

hoists. The MCAI AD states that rescue 

hoist operators have reported surface 

irregularities and discontinuities on 

certain D-Lok Hooks because of an 

unapproved change in the hook design 

and manufacturing process from forged 

material to cast material that have 

different physical properties. The 

actions are intended to prevent failure 

of a hook during rescue hoist 

operations, loss of the rescued 

passenger, and subsequent serious 

injury or fatality. 

You may obtain further information 

by examining the MCAI AD and any 

related service information in the AD 

docket. 

Related Service Information 

Goodrich has issued Service Bulletin 

(SB) 42315–489–01, Revision 1, dated 

June 5, 2009, and Breeze-Eastern 

Corporation has issued SB BLH–20200– 

504–25–01, dated June 12, 2009. These 

SBs were issued following the discovery 

of surface irregularities and 

discontinuities on D-Lok Hooks 

assemblies, part number (P/N) 410–A 

and 410–F, manufactured by Lifesaving 

Systems Corp., which are used on 

Goodrich and Breeze-Eastern rescue 

hoist assemblies. The SBs specify 

inspecting and removing all D-Lok 

hooks that have surface irregularities 

and discontinuities that exceed 

specified acceptable limits. 

The actions described in the MCAI 

AD are intended to correct the same 

unsafe condition as that identified in 

the service information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

Agusta S.p.A. Model A109 series and 

AB139/AW139; Eurocopter Model 

AS332, AS350, AS355, SA–365, AS– 

365, EC 155 series, EC225LP; Eurocopter 

Deutschland GmbH Model EC135 and 

MBB–BK 117; and Sikorsky Aircraft 

Corporation S–61, S76, and S92 

helicopters, all serial numbers; and 

other helicopters may have a rescue 

hoist assembly installed with a 

Lifesaving Systems Corp. D-Lok Hook 

Assembly with P/N 410–A or 410–F and 

lot number 208 or 1108. These hook 

assemblies were manufactured using a 

design and a manufacturing process 

using cast material instead of forged 

material, which was not approved by 

the FAA. Without FAA approval, these 

D-Lok hook assemblies, in addition to 

creating an unsafe condition, are not 

eligible for use in aircraft operating in 

the United States. Pursuant to our 

bilateral agreement with the member 

countries of the European Community, 

EASA has notified us of the unsafe 

condition described in the MCAI AD. 

We are issuing this AD because we 

evaluated all information provided by 

EASA and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of these same 

type designs. 

This AD requires, within 200 hoist 

lifts, unless already done, replacing 

each affected D-Lok Hook assembly with 

an airworthy hook assembly other than 

D-Lok Hook assembly, P/N 410–A or 

410–F, lot number 208 or 1108. 

Differences Between This AD and the 

MCAI AD 

The latest MCAI AD requires a visual 

inspection to determine whether the 

affected hook assembly has surface 

irregularities and discontinuities that 

exceed certain manufacturer limits. If it 

is within limits, the MCAI AD requires 

replacing the D-Lok Hook within 30 

days from July 11, 2009 or upon 

reaching 1000 lift cycles since 

installation of the affected hook, 

whichever occurs first. This AD does 

not require an inspection and requires 

replacing each affected D-Lok Hook 

within 200 hoist lifts. Also, the MCAI 

AD is limited to Agusta, Eurocopter, and 

Sikorsky helicopters, and this AD 

applies to all helicopters with a 

Lifesavings Systems Corp. D-Lock Hook 

Assembly, P/N 410–A or 410–F, lot 

number 208 or 1108, installed. 

Costs of Compliance 

We estimate that this AD will affect 

about 91 helicopters of U.S. registry. We 

also estimate that it will take about 1 

work-hour per helicopter to replace 

each affected D-Lok Hook with an 

airworthy hook. The average labor rate 

is $80 per work-hour. Required parts 

will cost about $3000 per hoist. Based 

on these figures, we estimate the cost of 

this AD on U.S. operators will be 

$280,280, assuming all 91 helicopters 

have the D-Lok Hook replaced. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. We find that the risk to the flying 

public justifies waiving notice and 

comment prior to adopting this rule 

because of reports that the unapproved 

D-Lok Hooks have been found to have 

irregularities and discontinuities and if 

used to carry rescued passengers could 

lead to loss of the rescued passenger. 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 4267 

Testing shows that the affected hooks 

could fail at 200 lifts. At least one 

operator involved in training exercises 

exceeds 200 lifts in a month, which is 

a short period of time. Therefore, we 

have 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. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2009–1148; 

Directorate Identifier 2009–SW–36–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 

product(s) 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. 

Therefore, 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 an economic 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: 

2010–03–02 Lifesaving Systems Corp.: 

Amendment 39–16185. Docket No. 

FAA–2009–1148; Directorate Identifier 

2009–SW–36–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on February 11, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all helicopters, 

which have a rescue hoist assembly installed 

that contains a Lifesaving Systems Corp. DLok Hook assembly, part number (P/N) 410– 

A or 410–F, lot number 208 or 1108. These 

hooks are installed on but not limited to 

Goodrich Rescue Hoist Assembly P/N 42325– 

16–4, 42325–16–5, 44301–10 series, 44315– 

10, 44307–480, 44307–481, 44316–12–101, 

44316–10–101, 42325–12 series, 42325–14 

series, 44311–10 series, 712768–240–D 

76370–140–D and 76378–260–D; and BreezeEastern Corporation Rescue Hoist Assembly, 

P/N BLH–20200–504 series. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

that rescue hoist operators have reported 

surface irregularities and discontinuities on 

certain D-Lok Hooks supplied by Lifesaving 

Systems because of an unapproved change in 

the hook design and manufacturing process 

from forged material to cast material that 

have different physical properties. The 

actions are intended to prevent failure of a 

hook during rescue hoist operations, loss of 

the rescued passenger, and subsequent 

serious injury or fatality. 

Actions and Compliance 

(e) Within 200 hoist lifts, unless already 

done, replace each affected D-Lok Hook 

assembly with an airworthy hook assembly 

other than D-Lok Hook assembly, P/N 410– 

A or 410–F, lot number 208 or 1108. 

Differences Between This AD and the MCAI 

AD 

(f) The latest MCAI AD requires a visual 

inspection to determine whether the affected 

hook assembly has surface irregularities and 

discontinuities that exceed certain 

manufacturer limits. If it is within limits, the 

MCAI AD requires replacing the D-Lok Hook 

within 30 days from July 11, 2009, or upon 

reaching 1000 total lift cycles since 

installation of the affected lock, whichever 

occurs first. This AD does not require an 

inspection and requires replacing each 

affected D-Lok Hook within 200 lift cycles. 

Also, the MCAI AD is limited to Agusta, 

Eurocopter, and Sikorsky helicopters, and 

this AD applies to all helicopters with a 

Lifesavings Systems Corp. D-Lock Hook 

Assembly, P/N 410–A or 410–F, lot number 

208 or 1108, installed. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, ATTN: DOT/FAA Southwest Region, 

Gary Roach, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, Regulations 

and Guidance Group, 2601 Meacham Blvd, 

Fort Worth, Texas 76137, telephone (817) 

222–5130, fax (817) 222–5961, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

Related Information 

(h) EASA MCAI AD No. 2009–0124, dated 

June 12, 2009; 2009–0148–E, dated July 9, 

2009; 2009–0179–E, dated August 11, 2009; 

2009–0183–E, dated August 14, 2009; and 

Goodrich Service Bulletin (SB) 42315–489– 

01, Revision 1, dated June 5, 2009 and 

Breeze-Eastern Corporation SB BLH–20200– 

504–25–01, dated June 12, 2009, contain 

related information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) JASC Code 2520: Passenger 

Compartment Equipment. 

Dated: Issued in Fort Worth, Texas, on 

January 20, 2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1518 Filed 1–26–10; 8:45 am] 

BILLING CODE 4910–13–P 


hsrobinson on DSK69SOYB1PROD with RULES