23380 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

§ 107.610 Required certifications for Loans 

and Investments. 

* * * Except for information and 

documentation prepared under 

paragraphs (f)(2) and (3) of this section, 

you must keep these documents in your 

files and make them available to SBA 

upon request. 

* * * * * 

(f) For each Energy Saving Qualified 

Investment: 

(1) If a pre-Financing determination of 

eligibility by SBA is not required under 

the definition of Energy Saving 

Activities or Energy Saving Qualified 

Investment: 

(i) A certification by you, dated as of 

the closing date of the Financing, as to 

the basis for the qualification of the 

Financing as an Energy Saving Qualified 

Investment; 

(ii) Supporting documentation of the 

Energy Saving Activities engaged in by 

the concern; 

(iii) Supporting documentation of 

either the percentage of its revenues 

derived from Energy Saving Activities 

during the concern’s most recently 

completed fiscal year, which must be at 

least 50 percent, or the concern’s 

intended use of the Financing proceeds, 

all of which must be used for Energy 

Saving Activities; and 

(iv) A certification by the concern, 

dated as of the closing date of the 

Financing, that any information it 

provided to you in connection with this 

paragraph (f)(1) is true and correct to the 

best of its knowledge. 

(2) If, prior to providing Financing, 

you must obtain a determination from 

SBA that the activities in which a 

concern is engaged are Energy Saving 

Activities, submit to SBA in writing a 

description of the product or service 

being provided or developed, including 

all available documentation of the 

energy savings produced or anticipated, 

addressing the factors considered under 

paragraph (4) of the definition of 

‘‘Energy Saving Activities’’ in § 107.50 

and certified by the concern to be true 

and correct to the best of its knowledge. 

(3) If, prior to providing Financing, 

you must obtain a determination from 

SBA that the concern is ‘‘primarily 

engaged’’ in Energy Saving Activities, 

submit to SBA in writing all available 

information concerning the factors 

considered under paragraph (3) of the 

definition of ‘‘Energy Saving Qualified 

Investment’’ in § 107.50, certified by the 

concern to be true and correct to the 

best of its knowledge. 

(4) For each Financing closed after 

you obtain a determination from SBA 

under paragraph (f)(2) or (3) of this 

section, a certification by you, dated as 

of the closing date of the Financing, that 

to the best of your knowledge, you have 

no reason to believe that the materials 

submitted are incorrect. 

(5) For each Financing closed based 

on supporting documentation of the 

concern’s intended use of proceeds for 

Energy Saving Activities under 

paragraph (f)(1)(iii) of this section: 

(i) Documentation by the concern, 

dated no later than six months after the 

closing of the Financing, of the proceeds 

used to date for Energy Saving 

Activities, with further updates 

provided at six month intervals until 

100 percent of the Financing proceeds 

have been accounted for; and 

(ii) Documentation that you have 

reviewed the information submitted by 

the concern under paragraph (f)(5)(i) of 

this section and have reasonably 

determined that 100 percent of the 

Financing proceeds were used for 

Energy Saving Activities. 

■ 4. Amend § 107.1150 by adding a 

sentence at the end of paragraph (c) 

introductory text and adding paragraph 

(d) to read as follows: 

§ 107.1150 Maximum amount of Leverage 

for a Section 301(c) Licensee. 

* * * * * 

(c) * * * Any investment that you 

use as a basis to seek additional leverage 

under this paragraph (c) cannot also be 

used to seek additional leverage under 

paragraph (d) of this section. 

* * * * * 

(d) Additional Leverage based on 

Energy Saving Qualified Investments in 

Smaller Enterprises. (1) Subject to SBA’s 

credit policies, if you were licensed on 

or after October 1, 2008, you may have 

outstanding Leverage in excess of the 

amounts permitted by paragraphs (a) 

and (b) of this section in accordance 

with this paragraph (d). Any investment 

that you use as a basis to seek additional 

Leverage under this paragraph (d) 

cannot also be used to seek additional 

Leverage under paragraph (c) of this 

section. 

(2) To determine whether you may 

request a draw that would cause you to 

have outstanding Leverage in excess of 

the amount determined under paragraph 

(a) of this section: 

(i) Determine the cost basis, as 

reported on your most recent filing of 

SBA Form 468, of any Energy Saving 

Qualified Investments in a Smaller 

Enterprise that individually do not 

exceed 20% of your Regulatory Capital. 

(ii) Calculate the amount that equals 

33% of your Leverageable Capital. 

(iii) Subtract from your outstanding 

Leverage the lesser of (d)(2)(i) or (ii). 

(iv) If the amount calculated in 

paragraph (d)(2)(iii) is less than the 

maximum Leverage determined under 

paragraph (a) of this section, the 

difference between the two amounts 

equals your additional Leverage 

availability. 

Dated: February 9, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–9454 Filed 4–18–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0330; Directorate 

Identifier 2008–NE–43–AD; Amendment 39– 

17015; AD 2012–07–09] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

Turbomeca S.A. Arrius 2F turboshaft 

engines with P3 air pipe (first section) 

part number (P/N) 0 319 71 918 0, 

installed. That AD currently requires 

inspections of the P3 air pipe (first 

section) and right-hand (RH) rear halfwall for proper clearance and 

readjustment of the pipe if necessary. 

This new AD requires the same 

inspections for installed engines, 

eliminates readjusting of the P3 air pipe 

(first section), requires replacement of 

the RH rear half-wall under certain 

conditions, and adds an optional 

terminating action. This AD was 

prompted by Turbomeca determining 

that the clearance between the P3 air 

pipe (first section) and the RH rear halfwall might change during installation of 

the engine on the helicopter. We are 

issuing this AD to prevent an 

uncommanded power loss to flight idle, 

which could result in an emergency 

autorotation landing or accident. 

DATES: This AD is effective May 24, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 24, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

the AD as of August 19, 2009 (74 FR 

34221, July 15, 2009). 

ADDRESSES: For service information 

identified in this AD, contact 


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Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23381 

Turbomeca, 40220 Tarnos, France; 

phone: 33 (0)5 59 74 40 00; telex 570 

042; fax 33 (0)5 59 74 45 15. You may 

review copies of the referenced service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

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: 

Mark Riley, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7758; fax: 781–238– 

7199; email: mark.riley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2009–14–11, 

Amendment 39–15961 (74 FR 34221, 

July 15, 2009). That AD applies to the 

specified products. The NPRM 

published in the Federal Register on 

December 13, 2011 (76 FR 77446). That 

NPRM proposed to continue to require 

inspections of the P3 air pipe (first 

section) and right-hand (RH) rear halfwall for proper clearance. That NPRM 

also proposed to require eliminating 

readjusting of the P3 air pipe (first 

section), replacing the RH rear half-wall 

under certain conditions, and adding an 

optional terminating action. 

Service Bulletin Reference 

In AD 2009–14–11 (74 FR 34221, July 

15, 2009), ‘‘Version A’’ was 

inadvertently omitted from the reference 

to Turbomeca Mandatory Service 

Bulletin No. 319 75 4810, dated May 14, 

2008. In this AD, the service bulletin 

reference reads correctly as ‘‘Turbomeca 

Mandatory Service Bulletin No. 319 75 

4810, Version A, dated May 14, 2008.’’ 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 77446, December 13, 2011). 

Credit for Previous Action Added 

Since we issued the NPRM (76 FR 

77446, December 13, 2011) the 

European Aviation Safety Agency 

(EASA) superseded AD 2011–0182, 

dated September 22, 2011, to include a 

credit for inspections done using 

Turbomeca Mandatory Service Bulletin 

(MSB) No. 319 75 4810, Version A, 

dated May 14, 2008. We added a 

paragraph for credit for previous action, 

which states that inspections performed 

on an installed engine before the 

effective date of this AD using 

Turbomeca MSB No. 319 75 4810, 

Version A, dated May 14, 2008, satisfies 

the inspection requirements in 

paragraphs (e)(1)(i) and (e)(1)(ii) of this 

AD. We also changed the EASA AD 

reference to EASA AD 2011–0182R1, 

dated February 3, 2012. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

Costs of Compliance 

We estimate that this AD will affect 

about 120 Arrius 2F turboshaft engines 

installed on helicopters of U.S. registry. 

We also estimate that it will take about 

2 work-hours per engine to comply with 

this AD. The average labor rate is $85 

per work-hour. Required parts will cost 

about $2,565 per engine. Based on these 

figures, we estimate the cost of the AD 

on U.S. operators to be $328,200. Our 

cost estimate is exclusive of possible 

warranty coverage. 

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 have 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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 

removing airworthiness directive (AD) 

2009–14–11, Amendment 39–15961 (74 

FR 34221, July 15, 2009), and adding the 

following new AD: 

2012–07–09 Turbomeca S.A: Amendment 

39–17015; Docket No. FAA–2009–0330; 

Directorate Identifier 2008–NE–43–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective May 24, 2012. 

(b) Affected ADs 

This AD supersedes AD 2009–14–11, 

Amendment 39–15961 (74 FR 34221, July 15, 

2009). 

(c) Applicability 

This AD applies to Turbomeca S.A. Arrius 

2F turboshaft engines with right-hand (RH) 

rear half-wall, part number (P/N) 0319 99 824 

0, installed. 

(d) Unsafe Condition 

The P3 air pipe (first section) and the RH 

rear half-wall could rub each other. Rubbing 


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23382 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

between the pipe and the RH rear half-wall 

may lead to rupture of the P3 air pipe (first 

section), which could cause an 

uncommanded power loss to flight idle. We 

are issuing this AD to prevent an 

uncommanded power loss to flight idle, 

which could result in an emergency 

autorotation landing or accident. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For installed engines, within 100 engine 

hours (EH) after the effective date of this AD: 

(i) Inspect the clearance between the P3 air 

pipe (first section) and the RH rear half-wall 

for sufficient clearance (0.5 mm or more). 

(ii) Use paragraph 2.B.(1) of Turbomeca 

Mandatory Service Bulletin (MSB) No. 319 

75 4810, Version B, dated January 25, 2011 

to do the inspection. 

(2) Thereafter, repeat the inspections in 

paragraphs (e)(1)(i) through (e)(1)(ii) of this 

AD as follows: 

(i) At every installation of a RH rear halfwall P/N 0 319 99 824 0 on an installed 

engine, and 

(ii) After every installation or reinstallation 

of an engine with a RH rear half-wall P/N 0 

319 99 824 0 installed. 

(3) If the P3 air pipe (first section) or the 

RH rear half-wall P/N 0 319 99 824 0 is found 

damaged, then before further flight, replace 

the damaged part(s) with parts eligible for 

installation. 

(4) If the P3 air pipe (first section) and the 

RH rear half-wall P/N 0 319 99 824 0 are 

found contacting each other but are not 

damaged, replace the RH rear half-wall with 

a RH rear half-wall eligible for installation. 

(5) If both the P3 air pipe (first section) and 

the RH rear half-wall are found not damaged 

during the inspections specified in paragraph 

(e)(1) or (e)(2) of this AD, and the clearance 

between them is less than 0.5 mm, but they 

are not contacting each other, then repeat the 

inspection in paragraphs (e)(1)(i) and 

(e)(1)(ii) of this AD within every 100 EH. 

(6) Installation of RH rear half-wall, P/N 0 

319 99 008 0, is terminating action to the 

inspections required by paragraphs (e)(1), 

(e)(2), and (e)(5) of this AD. 

(7) Once a RH rear half-wall, P/N 0 319 99 

008 0, is installed on an engine, do not install 

a RH rear half-wall, P/N 0 319 99 824 0, on 

that engine. 

(f) Definition 

For the purpose of this AD, parts eligible 

for installation is defined as: 

(1) An undamaged P3 air pipe (first 

section). 

(2) An undamaged RH rear half-wall P/N 

0 319 99 824 0. 

(3) A new design RH rear half-wall P/N 0 

319 99 008 0. 

(g) Credit for Previous Action 

An inspection performed on an installed 

engine before the effective date of this AD 

using Turbomeca MSB No. 319 75 4810, 

Version A, dated May 14, 2008, satisfies the 

inspection requirement in paragraphs (e)(1)(i) 

and (e)(1)(ii) of this AD. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve alternative methods of 

compliance for this AD. Use the procedures 

found in 14 CFR 39.19 to make your request. 

(i) Related Information 

(1) For more information about this AD, 

contact Mark Riley, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7758; fax: 781–238–7199; 

email: mark.riley@faa.gov. 

(2) European Aviation Safety Agency AD 

2011–0182R1, dated February 3, 2012, 

pertains to the subject of this AD. 

(3) For service information identified in 

this AD, contact. You may review copies of 

the referenced service information at the 

FAA, Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

(j) Material Incorporated by Reference 

You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information. 

(1) Turbomeca Mandatory Service Bulletin 

No. 319 75 4810, Version A, dated May 14, 

2008, approved for IBR August 19, 2009 (74 

FR 34221, July 15, 2009). 

(2) Turbomeca Mandatory Service Bulletin 

No. 319 75 4810, Version B, dated January 

25, 2011, approved for IBR May 24, 2012. 

(3) For service information identified in 

this AD, contact Turbomeca, 40220 Tarnos, 

France; telephone 33 (0)5 59 74 40 00; telex 

570 042; fax 33 (0)5 59 74 45 15. 

(4) You may review copies of the 

referenced service information at the FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr_locations.html. 

Issued in Burlington, Massachusetts, on 

April 3, 2012. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–8584 Filed 4–18–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1115; Directorate 

Identifier 2010–SW–011–AD; Amendment 

39–17017; AD 2012–08–01] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Sikorsky Aircraft Corporation (Sikorsky) 

Model S–92A helicopters. This AD was 

prompted by the manufacturer’s 

analysis of engine data that revealed the 

data was inaccurate in dealing with 

available above specification engine 

power margin. This AD requires 

revising the Operating Limitations 

section of the Sikorsky Model S–92A 

Rotorcraft Flight Manual (RFM). The 

actions are intended to prevent the use 

of inaccurate engine performance data 

in calculating maximum gross weight by 

revising the Operating Limitations 

section of the RFM. 

DATES: This AD is effective May 24, 

2012. 

ADDRESSES: For service information 

identified in this AD, contact Sikorsky 

Aircraft Corporation, Attn: Manager, 

Commercial Technical Support, 

Mailstop s581a, 6900 Main Street, 

Stratford, CT 06614; telephone (800) 

562–4409; email 

tsslibrary@sikorsky.com; or at http:// 

www.sikorsky.com. You may review a 

copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

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 AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 


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