This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12157 

Vol. 77, No. 40 

Wednesday, February 29, 2012 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 123 

RIN 3245–AG42 

Disaster Assistance Loan Program; 

Maximum Term for Disaster Loans to 

Small Businesses With Credit 

Available Elsewhere 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Direct final rule. 

SUMMARY: SBA is amending its disaster 

assistance regulations to reflect a 

statutory change to the disaster 

assistance program contained in the 

Consolidated Appropriations Act, 2012. 

The change extends the maximum term 

of an SBA disaster loan to small 

businesses with credit available 

elsewhere from three years to seven 

years. This direct final rule conforms 

the regulations to the Act by adopting 

the new statutory requirement without 

change. 

DATES: This rule is effective April 16, 

2012 without further action, unless 

significant adverse comment is received 

by March 30, 2012. If significant adverse 

comment is received, SBA will publish 

a timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG42, by any of 

the following methods: (1) Federal 

Rulemaking Portal: http:// 

www.regulations.gov, following the 

specific instructions for submitting 

comments; (2) Fax: (202) 481–2226; or 

Email: James.Rivera@sba.gov; or (3) 

Mail/Hand Delivery/Courier: James E. 

Rivera, Associate Administrator for 

Disaster Assistance, 409 3rd Street SW., 

Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Roger B. Garland, Office of Disaster 

Assistance, 202–205–6734 or 

Roger.Garland@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

7(b) of the Small Business Act, 15 U.S.C. 

636(b), authorizes SBA to make longterm disaster loans to homeowners, 

renters, businesses, and non-profit 

organizations that have been adversely 

affected by a declared disaster. The 

Consolidated Appropriations Act, 2012, 

Public Law 112–74, Div. C, title V, 

section 531, enacted December 23, 2011, 

amended the Small Business Act to 

increase the maximum loan maturity 

from three years to seven years for 

business disaster victims that have been 

determined to have access to credit 

elsewhere. 

SBA is amending section 123.203 to 

incorporate this change. The change 

applies to business physical loans only. 

For economic injury loans, businesses 

with credit elsewhere remain ineligible. 

The new seven year term for disaster 

loans to businesses determined to have 

credit available elsewhere will apply to 

disasters declared on or after December 

23, 2011, the enactment date of the 

statutory amendment. 

Consideration of Comments 

SBA believes that this rule is routine 

and non-controversial since it merely 

implements changes required by statute, 

and SBA anticipates no significant 

adverse comments to this rulemaking. If 

SBA receives any significant adverse 

comments, it will publish a timely 

withdrawal of this direct final rule. 

Compliance With Executive Orders 

12866, 12988, and 13132 and the 

Paperwork Reduction Act (44 U.S.C., 

Ch. 35) and the Regulatory Flexibility 

Act (5 U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this direct 

final rule does not constitute a 

significant regulatory action under 

Executive Order 12866. This is not a 

major rule under the Congressional 

Review Act, 5 U.S.C. 800. 

Executive Order 12988 

This action meets applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

preemptive effect. The final rule will 

have retroactive effect to the enactment 

date of the statutory amendment. The 

new seven year term for direct disaster 

loans to businesses determined to have 

credit available elsewhere will apply to 

disasters declared on or after December 

23, 2011. 

Executive Order 13132 

For the purposes of Executive Order 

1312, the direct final rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, SBA 

determined that this direct final rule has 

no federalism implications warranting 

preparation of a federalism assessment. 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35) 

For the purpose of the Paperwork 

Reduction Act, 44 U.S.C. chapter 35, 

SBA has determined that this direct 

final rule would not impose any new 

reporting or recordkeeping 

requirements. 

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

612) 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, including 

small businesses. According to the RFA, 

when an agency issues a rule, the 

agency must prepare an analysis to 

determine whether the impact of the 

rule will have a significant economic 

impact on a substantial number of small 

entities. However, the RFA allows an 

agency to certify a rule in lieu of 

preparing an analysis if the rulemaking 

is not expected to have a significant 

impact on a substantial number of small 

entities. This rule only makes a 

conforming amendment to recent 

legislation on the disaster loan program, 

and does not implement new agency 

policies. The amendment will affect 

small entities; however SBA has 

determined that the amendment will not 

have a significant economic impact on 

a substantial number of such entities. 

List of Subjects in 13 CFR Part 123 

Disaster assistance, Loan programs— 

business. Reporting and recordkeeping 

requirements, Small businesses. 

For reasons set forth in the preamble, 

the SBA amends 13 CFR part 123 as 

follows: 


tkelley on DSK3SPTVN1PROD with RULES
12158 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

PART 123—DISASTER LOAN 

PROGRAM 

■ 1. The authority citation for part 123 

is revised to read as follows: 

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

636(d), 657n; Pub. L. 102–395, 106 Stat. 

1828, 1864; Pub. L. 103–75, 107 Stat. 739; 

and Pub. L. 106–50, 113 Stat. 245. 

■ 2. Amend § 123.203(a) by revising the 

fourth sentence of paragraph (a) 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) * * * The maturity of your loan 

depends upon your repayment ability, 

but cannot exceed seven years if you 

have credit elsewhere. * * * 

* * * * * 

Dated: February 17, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–4760 Filed 2–28–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0994; Directorate 

Identifier 2010–NM–143–AD; Amendment 

39–16949; AD 2012–03–08] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Bombardier, Inc. Model CL–600– 

2C10 (Regional Jet Series 700, 701, & 

702), CL–600–2D15 (Regional Jet Series 

705), and CL–600–2D24 (Regional Jet 

Series 900) airplanes. That AD currently 

requires repetitive detailed inspections 

for cracking or deformation, or pulled or 

missing fasteners, on the lower panel of 

the left- and right-hand main landing 

gear (MLG) doors, as applicable, and 

corrective actions if necessary. That AD 

also reduces the repetitive inspection 

interval for certain airplanes. This new 

AD adds a new modification of the MLG 

door configuration, and removes certain 

airplanes from the applicability. This 

AD was prompted by further analysis of 

the MLG door by the manufacturer. We 

are issuing this AD to prevent failure of 

the lower panel of the MLG door, 

departure of the lower panel from the 

airplane, and consequent damage to 

airplane structure, which could 

adversely affect the airplane’s continued 

safe flight and landing. 

DATES: This AD is effective April 4, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 4, 2012. 

ADDRESSES: For service information 

identified in this AD, contact 

Bombardier, Inc., 400 Coˆte-Vertu Road 

West, Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–5000; fax 514–855– 

7401; email 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Aziz 

Ahmed, Aerospace Engineer, Airframe 

and Mechanical Systems Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office (ACO), 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; phone: 516–228–7329; fax: (516) 

794–5531; email: aziz.ahmed@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2006–14–05, 

Amendment 39–14676 (71 FR 38979, 

July 11, 2006). That AD applies to the 

specified products. The NPRM was 

published in the Federal Register on 

October 5, 2011 (76 FR 61633). That 

NPRM proposed to continue to require 

repetitive detailed inspections for 

cracking or deformation, or pulled or 

missing fasteners, on the lower panel of 

the left- and right-hand main landing 

gear (MLG) doors, as applicable, and 

corrective actions if necessary. That 

NPRM also proposed to reduce the 

repetitive inspection interval for certain 

airplanes. In addition, that NPRM 

proposed to add a new modification of 

the MLG door configuration, and 

remove certain airplanes from the 

applicability. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comment received. 

The Air Line Pilots Association 

International supports the NPRM (76 FR 

61633, October 5, 2011). 

Explanation of Changes Made to This 

AD 

We have revised certain headers 

throughout this AD. We have also 

revised the wording in paragraphs (q) 

and (s) of this AD; this change has not 

changed the intent of these paragraphs. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

61633, October 5, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 61633, 

October 5, 2011). 

Costs of Compliance 

We estimate that this AD affects about 

220 products of U.S. registry. 

The actions that are required by AD 

2006–14–05, Amendment 39–14676 (71 

FR 38979, July 11, 2006), and retained 

in this AD take about 3 work-hours per 

product, at an average labor rate of $85 

per work hour. Based on these figures, 

the estimated cost of the currently 

required actions is $255 per product. 

We estimate that it will take about 115 

work-hours per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Required parts will cost about 

$0 per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of the 

AD on U.S. operators to be $2,150,500, 

or $9,775 per product. 


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