12646 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

forth in § 121.103(b) are incorporated 

into this section by reference. SBA will 

not consider negative control, by itself, 

as set forth in § 121.103(a)(3) of this part 

to create affiliation under this section. 

In determining affiliation under this 

section, SBA will consider the totality of 

the circumstances to determine whether 

affiliation exists, even though no single 

factor may be sufficient to constitute 

affiliation. 

(b) Affiliation based on ownership. 

For determining affiliation based on 

ownership: 

(1) A concern is an affiliate of a 

person (including any individual, 

concern or other entity) that owns or has 

the power to control more than 50 

percent of the voting equity of the 

concern. If no person owns or has the 

power to control more than 50 percent 

of a concern’s voting equity, SBA will 

deem the Chief Executive Officer (CEO) 

or President of the concern (or other 

officers, managing members, partners, or 

directors who control the management 

of the concern) to be in control of the 

concern. 

(2) If any two or more persons 

(including any individual, concern or 

other entity) collectively own or have 

the power to control more than 50 

percent of the voting equity of two or 

more concerns (the ‘‘collective 

owners’’), then there is affiliation 

between such concerns and between 

each concern and each collective owner. 

(c) Affiliation arising under options, 

convertible securities, and agreements 

to merge. In determining size, SBA 

considers options, convertible 

securities, and agreements to merge 

(including agreements in principle) to 

have a present effect on the power to 

control a concern. SBA treats such 

options, convertible securities, and 

agreements as though the rights granted 

have been exercised. 

(1) Agreements to open or continue 

negotiations towards the possibility of a 

merger or a sale of stock or other equity 

at some later date are not considered 

‘‘agreements in principle’’ and are thus 

not given present effect. 

(2) Options, convertible securities, 

and agreements that are subject to 

conditions precedent which are 

incapable of fulfillment, speculative, 

conjectural, or unenforceable under 

state or Federal law, or where the 

probability of the transaction (or 

exercise of the rights) occurring is 

shown to be extremely remote, are not 

given present effect. 

(3) An individual, concern or other 

entity that controls one or more other 

concerns cannot use options, 

convertible securities, or agreements to 

appear to terminate such control before 

actually doing so. SBA will not give 

present effect to individuals’, concerns’ 

or other entities’ ability to divest all or 

part of their ownership interest in order 

to avoid a finding of affiliation. 

(d) Affiliation based on common 

management. Affiliation exists where 

the CEO or President of a concern (or 

other officers, managing members, 

partners or directors who control the 

management of the concern) also 

controls the management of one or more 

other concerns. Affiliation also arises 

where a single person or entity that 

controls the board of directors of one 

concern also controls the board of 

directors or management of one or more 

other concerns. 

(e) Affiliation based on franchise, 

license and similar agreements. If the 

applicant is a franchisee, licensee or 

other similar entity, the provisions of 

§ 121.103(i) apply. 

(f) Affidavit of applicant. Each 

applicant for a 7(a) loan or a 504 loan 

must include as part of its application 

for financial assistance an Affidavit in 

which it discloses all owners of the 

applicant and their percentage of 

ownership and discloses any affiliates 

as determined under this section. The 

Affidavit must be executed by the 

applicant’s CEO or equivalent. 

Dated: February 19, 2013. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2013–04221 Filed 2–22–13; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0145; Directorate 

Identifier 2012–SW–059–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. and Bell Helicopter Textron 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model AB412 and 

AB412 EP, and Bell Helicopter Textron 

(Bell) Model 412, 412CF, and 412EP 

helicopters with certain DART 

Aerospace Ltd. (Dart) high gear aft 

crosstubes (crosstube) installed. This 

proposed AD would require adding a 

life limit of 10,000 landings to the 

crosstube and removing from service 

any crosstubes with more than 10,000 

accumulated landings. This proposed 

AD is prompted by five separate reports 

of crosstube failures. The actions in this 

proposed AD are intended to prevent 

failure of the crosstube and subsequent 

collapse of the landing gear. 

DATES: We must receive comments on 

this proposed AD by April 26, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address 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 proposed AD, the 

economic 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 service information identified in 

this proposed AD, contact Dart 

Aerospace LTD., 1270 Aberdeen St, 

Hawkesbury, ON, K6A 1K7, Canada; 

telephone: 1 613 632 5200; Fax: 1 613 

632 5246; or at www.dartaero.com. You 

may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Zimmer, Airframe Engineer, New 

York Aircraft Certification Office, 

Engine and Propeller Directorate, FAA, 

1600 Stewart Ave., Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7306; email jeffrey.zimmer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 


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Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 12647 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

Transport Canada (TC), which is the 

aviation authority for Canada, has 

issued TC AD No. CF–2012–14R1, dated 

May 9, 2012 (CF–2012–14R1), to correct 

an unsafe condition for the Dart high 

gear aft crosstube assembly, part number 

(P/N) D412–664–203, approved under 

TC Supplemental Type Certificate (STC) 

SH01–9, FAA STC SR01298NY, and 

European Aviation Safety Agency 

(EASA) STC IM.R.S.01304, and installed 

on Agusta Model AB412 and AB412 EP 

and Bell Model 412, 412EP, and 412CF 

helicopters. TC advises that they have 

received five reports of these crosstubes 

failing. According to TC, based on these 

reports, the affected crosstube requires a 

life limitation of 10,000 landings. As a 

result, TC issued CF–2012–14R1, which 

requires amending the instructions for 

continued airworthiness (ICA) to 

establish the new life limitation, and 

removing from service all crosstubes 

with more than 10,000 landings. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Canada and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Canada, TC, its 

technical representative, has notified us 

of the unsafe condition described in its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

We reviewed Dart ICA No. ICA– 

D212–664, Revision 8, dated October 20, 

2011, which contains the airworthiness 

limitations, inspection requirements, 

proper placards and markings, and 

maintenance procedures for crosstube 

P/N D212–664 and D412–664. Revision 

8 establishes a life limit of 10,000 

landings for crosstube P/N D412–664– 

203. 

Proposed AD Requirements 

This proposed AD would require 

establishing a component history card 

for each crosstube, P/N D412–664–203; 

revising the airworthiness limitations of 

the maintenance manual to establish a 

life limit of 10,000 landings for each 

crosstube; and removing from service 

any crosstube with more than 10,000 

landings. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 76 helicopters of U.S. 

Registry. Based on an average labor cost 

of $85 per hour, we estimate that 

operators may incur the following costs 

in order to comply with this AD. 

Creating a component history card and 

amending the ICA would require about 

1 work-hour, for a cost per helicopter of 

$85 and a total cost to U.S. operators of 

$6,460. Replacing a crosstube that has 

exceeded its life-limit would require 

about 6 work-hours and required parts 

would cost about $10,351, for a total 

cost per helicopter of $10,861. 

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 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, I certify 

this proposed regulation: 

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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. 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 proposed AD and placed it in the 

AD docket. 

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 adding 

the following new airworthiness 

directive (AD): 

Agusta S.P.A. and Bell Helicopter Textron 

Helicopters: Docket No. FAA–2012– 

*****; Directorate Identifier 2012–SW– 

059–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. Model 

AB412 and AB412 EP helicopters and Bell 

Helicopter Textron Model 412, 412CF, and 

412EP helicopters with a DART Aerospace 

Ltd. high gear aft crosstube (crosstube), partnumber (P/N) D412–664–203 installed under 

Supplemental Type Certificate SR01298NY, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of a crosstube, which could result in 

collapse of the landing gear. 


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12648 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

(c) Reserved 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Within 30 days: 

(1) Create a component history card or 

equivalent record for each crosstube. 

Determine the number of landings on each 

crosstube and enter it on the component 

history card or equivalent record. If the 

number of landings is unknown, calculate 10 

landings per flight hour. 

(2) Revise the Airworthiness Limitations 

section of the maintenance manual to reflect 

that crosstube, P/N D412–664–203, has a 

retirement life of 10,000 landings. 

(3) Remove from service any crosstube 

with a number of landings equal to or greater 

than 10,000. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, New York Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Ave., suite 410, Westbury, New 

York 11590; telephone (516) 228–7300; fax 

(516) 794–5531. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) The subject of this AD is addressed in 

Transport Canada AD No. CF–2012–14R1, 

dated May 9, 2012. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 3213: Main Landing Gear Strut/Axle/ 

Truck. 

Issued in Fort Worth, Texas, on February 

18, 2013. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–04223 Filed 2–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0159; Directorate 

Identifier 2012–SW–010–AD] 

RIN 2120–AA64 

Airworthiness Directives; Robinson 

Helicopter Company 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) for 

Robinson Helicopter Company 

(Robinson) Model R22, R22 Alpha, R22 

Beta, R22 Mariner, R44, and R44 II 

helicopters with certain main rotor 

blades (blade) installed. The existing AD 

currently requires inspecting each blade 

at the skin-to-spar line for debonding, 

corrosion, a separation, a gap, or a dent 

and replacing any damaged blade with 

an airworthy blade. Since we issued that 

AD, a terminating action for the 

inspection requirements of that AD has 

been developed. The proposed actions 

are intended to detect debonding of the 

blade skin, which could result in blade 

failure and subsequent loss of control of 

the helicopter, and to correct the unsafe 

condition by replacing the main rotor 

blades with new blades that do not 

require the AD inspection. 

DATES: We must receive comments on 

this proposed AD by April 26, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address 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 proposed AD, the 

economic 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 service information identified in 

this proposed AD, contact Robinson 

Helicopter Company, 2901 Airport 

Drive, Torrance, CA 90505; telephone 

(310) 539–0508; fax (310) 539–5198; or 

at http://www.robinsonheli.com/ 

servelib.htm. You may review a copy of 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: Fred 

Guerin, Aviation Safety Engineer, Los 

Angeles Aircraft Certification Office, 

Transport Airplane Directorate, FAA, 

3960 Paramount Blvd., Lakewood, CA 

90712; telephone (562) 627–5232; email 

fred.guerin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

On June 2, 2011, we issued AD 2011– 

12–10, amendment 39–16717 (76 FR 

35330, June 17, 2011) (AD 2011–12–10) 

for Robinson Model R22, R22A, R22 

Beta, and R22 Mariner helicopters, with 

a blade, part number (P/N) A016–4; and 

Model R44 and R44 II helicopters, with 

a blade, P/N C016–2 or C016–5. We 


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