Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62707

activities. To cover those costs, the

operator of the facility seeking

accreditation must enter into a trust

fund agreement with APHIS under

which the operator of the facility will

pay in advance all estimated costs that

APHIS expects to incur through its

involvement in the pre-accreditation

assessment process and the

maintenance of the facility’s

accreditation. Those costs shall include

administrative expenses incurred in

those activities, such as laboratory fees

for evaluating check test results, and all

salaries (including overtime and the

Federal share of employee benefits),

travel expenses (including per diem

expenses), and other incidental

expenses incurred by the APHIS in

performing those activities. The

operator of the facility must deposit a

certified or cashier’s check with APHIS

for the amount of the costs, as estimated

by APHIS. If the deposit is not sufficient

to meet all costs incurred by APHIS, the

operator of the facility must deposit

another certified or cashier’s check with

APHIS for the amount of the remaining

costs, as determined by APHIS, before

APHIS’ services will be completed.

After a final audit at the conclusion of

the pre-accreditation assessment, any

overpayment of funds will be returned

to the operator of the facility or held on

account until needed for future

activities related to the maintenance of

the facility’s accreditation.

Done in Washington, DC, this 19th day of

November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–30944 Filed 11–24–97; 8:45 am]

BILLING CODE 3410–34–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 123

Disaster Loan Program

AGENCY: Small Business Administration

(SBA).

ACTION: Proposed rule.

SUMMARY: Under this proposed rule, an

SBA disaster loan borrower could

request an increase in a disaster loan

within two years after the loan was

approved. The increase must be used to

cover eligible damages resulting from

events that occurred after the loan was

approved and were beyond the

borrower’s control. Under the proposed

rule, the SBA Associate Administrator

for Disaster Assistance could waive the

two year limit because of extraordinary

circumstances.

DATES: Comments must be submitted on

or before December 26, 1997.

ADDRESSES: Comments should be

mailed to Bernard Kulik, Associate

Administrator for Disaster Assistance,

Small Business Administration, 409

Third Street, S.W., Washington, D.C.

20416.

FOR FURTHER INFORMATION CONTACT:

Bernard Kulik, 202/205–6734.

SUPPLEMENTARY INFORMATION: SBA

makes thousands of physical and

economic injury disaster loans to repair

or replace damaged property or to help

a business recover from economic

injury. Borrowers must use such loans

only to help them recover from the

effects of a specific disaster. Borrowers

may request increases in their loans

after the initial disaster loans were made

and, where appropriate, SBA will

approve the request. Under this

proposed rule, SBA is defining the

circumstances under which a borrower

can request an increase and limiting the

time period for the request to two years.

The SBA Associate Administrator for

Disaster Assistance (AA/DA) would

have the authority to waive the two year

limit for extraordinary and

unforeseeable circumstances.

Under the proposed rule, a borrower

of a disaster loan (whether physical or

economic injury) could request an

increase in the loan amount if the

eligible cost of repair or replacement of

damages increases because of events

occurring after the loan approval that

were beyond the borrower’s control. For

example, a borrower can request an

increase of a physical disaster loan

before the repair, renovation or

reconstruction is completed if hidden

damage is discovered or if official

building codes changed since SBA

approved the physical disaster loan.

With respect to economic injury disaster

loans, borrowers could request an

increase in working capital if they could

not resume business activity as quickly

as planned because of events beyond

their control. These examples, while not

all inclusive, would support a

borrower’s request for an increase in the

amount of a disaster loan. These kinds

of events usually will be apparent

within two years after SBA approves a

disaster loan. However, in extraordinary

circumstances, the proposed rule would

permit the AA/DA to waive the two year

limitation.

Compliance With Executive Orders

12612, 12778, and 12866, the

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

et seq.), and the Paperwork Reduction

Act (44 U.S.C. Ch. 35)

SBA certifies that this proposed rule

does not constitute a significant rule

within the meaning of Executive Order

12866 and will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601 et seq. It is not likely

to have an annual economic effect of

$100 million or more on the economy,

result in a major increase in costs or

prices, or have a significant adverse

effect on competition or the United

States economy.

For purposes of the Paperwork

Reduction Act, 44 U.S.C. Ch. 35, SBA

certifies that this proposed rule contains

no new reporting or recordkeeping

requirements.

For purposes of Executive Order

12612, SBA certifies that this proposed

rule has no federalism implications

warranting the preparation of a

Federalism Assessment.

For purposes of Executive Order

12778, SBA certifies that this rule is

drafted, to the extent practicable, in

accordance with the standards set forth

in section 2 of that Order.

(Catalog of Federal Domestic Assistance

Programs, No. 59.012 and 59.008)

List of Subjects in 13 CFR Part 123

Disaster assistance, Loan programsbusiness, Small Businesses.

Accordingly, pursuant to the

authority contained in section 5(b)(6) of

the Small Business Act (15 U.S.C.

634(b)(6)), SBA proposes to amend part

123, chapter I, title 13, Code of Federal

Regulations, as follows:

PART 123—DISASTER LOAN

ASSISTANCE

1. The authority citation for Part 123

would continue to read as follows:

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

636(c) and 636(f); Pub. L. 102–395, 106 Stat.

1828, 1864; and Pub. L. 103–75, 107 Stat.

739.

2. Sections 123.18, 123.19 and 123.20

would be added to read as follows:

§ 123.18 Can I request an increase in the

amount of a physical disaster loan?

SBA will consider your request for an

increase in your loan if you can show

that the eligible cost of repair or

replacement of damages increased

because of events occurring after the

loan approval that were beyond your

control. An eligible cost is one which is
62708 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

related to the disaster for which SBA

issued the original loan. For example, if

you discover hidden damage within a

reasonable time after SBA approved

your original disaster loan and before

repair, renovation, or reconstruction is

complete, you may request an increase.

Or, if applicable building code

requirements were changed since SBA

approved your original loan, you may

request an increase in your loan

amount.

§ 123.19 Can I request an increase in the

amount of an economic injury loan?

SBA will consider your request for an

increase in the loan amount if you can

show that the increase is essential for

your business to continue and is based

on events occurring after SBA approved

your original loan which were beyond

your control. For example, delays may

have occurred beyond your control

which prevent you from resuming your

normal business activity in a reasonable

time frame. Your request for an increase

in the loan amount must be related to

the disaster for which the SBA

economic injury disaster loan was

originally made.

§ 123.20 How long do I have to request an

increase in the amount of a physical

disaster loan or an economic injury loan?

You should request a loan increase as

soon as possible after you discover the

need for the increase, but not later than

two years after SBA approved your

physical disaster or economic injury

loan. After two years, the SBA Associate

Administrator for Disaster Assistance

(AA/DA) may waive this limitation after

finding extraordinary and unforeseeable

circumstances.

Dated: November 14, 1997.

Aida Alvarez,

Administrator.

[FR Doc. 97–30847 Filed 11–24–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–111–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, –300, –400, and

–500 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to all Boeing Model

737–100, –200, –300, –400, and –500

series airplanes, which would have

superseded an existing AD that

currently requires either leak tests of the

forward lavatory service system, and

repair, as necessary; or draining the

system and placarding the lavatory

inoperative. That proposed AD would

have provided an option for

accomplishing terminating action for

certain leak tests. It would have

required leak tests of other lavatory

drain systems; installation of a cap or

vacuum break on the flush/fill line; and

either periodic replacement of the seal

for the cap and tank anti-siphon valve

or periodic maintenance of the vacuum

break in the flush/fill line. This action

revises the proposed AD by removing

the terminating action; requiring

periodic changing of the seals of certain

lavatory drain systems; replacing

‘‘donut valves’’ with other FAAapproved valves; revising certain leak

test intervals; and revising the

pressurization and fluid level

requirements for testing. The actions

specified by this proposed AD are

intended to prevent damage to engines,

airframes, and property on the ground

that is associated with the problems of

‘‘blue ice’’ that forms from leaking

lavatory drain systems on transport

category airplanes and subsequently

dislodges from the airplane fuselage.

DATES: Comments must be received by

January 5, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

111–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Don

Eiford, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington; telephone (425) 227–2788;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–111–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

supplemental NPRM by submitting a

request to the FAA, Transport Airplane

Directorate, ANM–103, Attention: Rules

Docket No. 95–NM–111–AD, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to all Boeing

Model 737–100, –200, –300, –400, and

–500 series airplanes, was published as

a notice of proposed rulemaking

(NPRM) in the Federal Register on

November 2, 1995 (60 FR 55673). That

NPRM proposed to supersede AD 89–

11–03, amendment 39–6223 (54 FR

21933, May 22, 1989), applicable to

certain Boeing Model 737–300 and –400

series airplanes. That proposal would

have continued to require either

repetitive leak tests on the forward

lavatory service system, and repair, as

necessary; or draining of the system and

placarding the lavatory inoperative. It

would have also added a requirement to