59672 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

■ 6. Amend § 121.103 to add paragraph 

(a)(8) to read as follows: 

§ 121.103 How does SBA determine 

affiliation? 

(a) * * * 

(8) For SBA’s Business Loan and 

Surety Bond Guarantee programs, the 

size standards and bases for affiliation 

are set forth in § 121.301. 

* * * * * 

■ 7. Amend § 121.301 to add paragraph 

(f) to read as follows: 

§ 121.301 What size standards and 

affiliation principles are applicable to 

financial assistance programs? 

* * * * * 

(f) Concerns and entities are affiliates 

of each other when one controls or has 

the power to control the other, or a third 

party or parties controls or has the 

power to control both. It does not matter 

whether control is exercised, so long as 

the power to control exists. For the 

purposes of SBA’s Business Loan 

Programs, Disaster Loan Program, and 

Surety Bond Guarantee Program, the 

following principles of affiliation apply: 

(1) Affiliation based on ownership. 

For determining affiliation based on 

equity ownership, a concern is an 

affiliate of an individual, concern, or 

entity that owns or has the power to 

control more than 50 percent of the 

concern’s voting equity. If no 

individual, concern, or entity is found 

to control, SBA will deem the Board of 

Directors or President or Chief 

Executive Officer (CEO) (or other 

officers, managing members, or partners 

who control the management of the 

concern) to be in control of the concern. 

(2) Affiliation arising under stock 

options, convertible securities, and 

agreements to merge. (i) In determining 

size, SBA considers stock 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. 

(ii) Agreements to open or continue 

negotiations towards the possibility of a 

merger or a sale of stock at some later 

date are not considered ‘‘agreements in 

principle’’ and are thus not given 

present effect. 

(iii) 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. 

(iv) 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. 

(3) Affiliation based on common 

management. Affiliation arises where 

the CEO or President of the applicant 

concern (or other officers, managing 

members, or partners who control the 

management of the concern) also 

controls the management of one or more 

other concerns. Affiliation also arises 

where a single individual, concern or 

entity that controls the Board of 

Directors or management of one concern 

also controls the Board of Directors or 

management of one of more other 

concerns. 

(4) Affiliation based on identity of 

interest. (i) Affiliation may arise among 

two or more persons (including any 

individual, concern, or other entity) 

with an identity of interest. An 

individual, concern, or entity may rebut 

a determination of identity of interest 

with evidence showing that the interests 

deemed to be one are in fact separate. 

(ii) SBA may presume an identity of 

interest between close relatives, as 

defined in 13 CFR 120.10, with identical 

or substantially identical business or 

economic interests (such as where the 

family members operate concerns in the 

same or similar industry in the same 

geographic area). 

(5) Affiliation based on franchise and 

license agreements. The restraints 

imposed on a franchisee or licensee by 

its franchise or license agreement 

relating to standardized quality, 

advertising, accounting format and other 

similar provisions, generally will not be 

considered in determining whether the 

franchisor or licensor is affiliated with 

an applicant franchisee or licensee 

provided the applicant franchisee or 

licensee has the right to profit from its 

efforts and bears the risk of loss 

commensurate with ownership. 

Affiliation may arise however, through 

other means, such as common 

ownership, common management or 

excessive restrictions upon the sale of 

the franchise interest. 

(6) Affiliation based on SBA’s 

determination of the totality of the 

circumstances. SBA may find affiliation 

after considering the totality of the 

circumstances, even when no single 

factor is sufficient to constitute 

affiliation. 

(7) Determining the concern’s size. In 

determining the concern’s size, SBA 

counts the receipts, employees, or the 

alternate size standard of the concern 

whose size is at issue and all of its 

domestic and foreign affiliates, 

regardless of whether the affiliates are 

organized for profit. 

(8) Exceptions to affiliation. For 

exceptions to affiliation, see 13 CFR 

121.103(b). 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2015–25204 Filed 10–1–15; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–2983; Directorate 

Identifier 2015–NE–20–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International S.A. Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

CFM International S.A. (CFM) CFM56– 

5B series turbofan engines. This 

proposed AD was prompted by a 

corrected lifing analysis by the engine 

manufacturer that shows the need to 

identify an initial and repetitive 

inspection threshold for certain part 

number (P/N) turbine rear frames 

(TRFs). This proposed AD would 

require initial and repetitive inspections 

of certain P/N TRFs on the low-pressure 

turbine (LPT) frame assembly. We are 

proposing this AD to prevent failure of 

the TRF on the LPT frame assembly, 

which could lead to engine separation, 

damage to the engine, and damage to the 

airplane. 

DATES: We must receive comments on 

this proposed AD by December 1, 2015. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• 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. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59673 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact CFM 

International Inc., Aviation Operations 

Center, 1 Neumann Way, M/D Room 

285, Cincinnati, OH 45125; phone: 877– 

432–3272; fax: 877–432–3329; email: 

aviation.fleetsupport@ge.com. You may 

view this 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 by searching for 

and locating Docket No. FAA–2015– 

2983; 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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Gustafson, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7183; fax: 781–238– 

7199; email: kyle.gustafson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2015–2983; Directorate Identifier 2015– 

NE–20–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

We were informed by CFM that it has 

corrected its lifing analysis for the TRF, 

P/N 338–102–907–0 and P/N 338–102– 

908–0, on the LPT frame assembly 

installed on CFM56–5B turbofan 

engines. This corrected lifing analysis 

shows the need for initial and repetitive 

inspections of certain P/N TRFs to 

manage low-cycle fatigue cracks. This 

condition, if not corrected, could result 

in failure of the TRF on the LPT frame 

assembly, which could lead to engine 

separation, damage to the engine, and 

damage to the airplane. 

The initial and repetitive inspection 

intervals differ depending on whether 

CFM Service Bulletin (SB) No. CFM56– 

5B S/B 72–0308, Revision 5, dated 

October 12, 2007, has been applied. We 

are proposing to allow engines with 

TRFs that have exceeded the initial 

inspection threshold a continued inservice allowance of 150 cycles to 

provide sufficient time to perform the 

initial inspection. The proposed 

repetitive inspection intervals are based 

on the size of the crack, if any, found 

during the inspection. 

Relevant Service Information Under 1 

CFR Part 51 

We reviewed CFM SB No. CFM56–5B 

S/B 72–0850, dated December 19, 2012, 

and CFM SB No. CFM56–5B S/B 72– 

0308, Revision 5, dated October 12, 

2007. CFM SB No. CFM56–5B S/B 72– 

0850 describes procedures for 

inspecting the TRF. CFM SB No. 

CFM56–5B S/B 72–0308 identifies the 

engines to which this proposed AD 

applies. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section of this document. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

initial and repetitive inspections of the 

TRF on the LPT frame assembly. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 94 engines installed 

on airplanes of U.S. registry. We also 

estimate that it would take about 3 

hours per engine to do the inspection. 

The average labor rate is $85 per hour. 

Based on these figures, we estimate the 

cost of this proposed AD on U.S. 

operators to be $23,970. 

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 above, 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. 

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: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
59674 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

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): 

CFM International S.A.: Docket No. FAA– 

2015–2983; Directorate Identifier 2015– 

NE–20–AD. 

(a) Comments Due Date 

We must receive comments by December 1, 

2015. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to CFM International S.A. 

(CFM) CFM56–5B engines with turbine rear 

frame (TRF), part number (P/N) 338–102– 

907–0 or P/N 338–102–908–0, installed. 

(d) Unsafe Condition 

This AD was prompted by a corrected 

lifing analysis by the engine manufacturer 

that shows the need for an initial and 

repetitive inspection of certain P/N TRFs on 

the low-pressure turbine (LPT) frame 

assembly. We are issuing this AD to prevent 

failure of the TRF on the LPT frame 

assembly, which could lead to engine 

separation, damage to the engine, and 

damage to the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For Engines that have Applied CFM 

Service Bulletin (SB) No. CFM56–5B S/B 72– 

0308: 

(i) Prior to accumulating 25,000 cycles 

since new (CSN) on the TRF of the LPT frame 

assembly or within 150 cycles after the 

effective date of this AD, whichever occurs 

later, perform an initial eddy current 

inspection (ECI) or a fluorescent penetrant 

inspection (FPI) of the TRF mount struts on 

the LPT assembly. 

(ii) For engines with unknown CSN on the 

TRF of the LPT frame assembly, perform the 

initial inspection required by this AD within 

150 cycles-in-service after the effective date 

of this AD. 

(iii) Use paragraph 3.B. in the 

Accomplishment Instructions of CFM SB No. 

CFM56–5B S/B 72–0850, dated December 19, 

2012, to do the ECI and paragraph 3.C. in the 

Accomplishment Instructions of CFM SB No. 

CFM56–5B S/B 72–0850, to do the FPI. Do 

not include TRF mount strut crack lengths 

towards the cumulative crack length after the 

cracks are repaired. 

(iv) If no cracks are found on any of the 

three TRF mount struts, or the cumulative 

length of all cracks at any TRF mount strut 

location is less than 0.20 inches, repeat the 

inspection within 1,670 cycles since last 

inspection (CSLI). 

(v) If the cumulative length of cracks at any 

TRF mount strut location is greater than or 

equal to 0.20 inches, but less than 0.25 

inches, repeat the inspection within 280 

CSLI. 

(vi) If the cumulative length of cracks at 

any TRF mount strut location is 0.25 inches 

or greater, replace the TRF with a part 

eligible for installation before further flight. 

(2) For Engines that have Not Applied CFM 

SB No. CFM56–5B S/B 72–0308: 

(i) Prior to accumulating 32,000 CSN on 

the TRF of the LPT frame assembly or within 

150 cycles after the effective date of this AD, 

whichever occurs later, perform an initial ECI 

or FPI of the TRF mount struts on the LPT 

frame assembly. 

(ii) For engines with unknown CSN on the 

TRF of the LPT frame assembly, perform the 

initial inspection required by this AD within 

150 cycles-in-service after the effective date 

of this AD. 

(iii) Use paragraph 3.B. in the 

Accomplishment Instructions of CFM SB No. 

CFM56–5B S/B 72–0850, dated December 19, 

2012, to do the ECI and paragraph 3.C. in the 

Accomplishment Instructions of CFM SB No. 

CFM56–5B S/B 72–0850, to do the FPI. Do 

not include TRF mount strut crack lengths 

towards the cumulative crack length after the 

cracks are repaired. 

(iv) If no cracks are found on any of the 

three TRF mount struts, or the cumulative 

length of cracks at any TRF mount strut 

location is less than 0.20 inches, repeat the 

inspection within 2,500 CSLI. 

(v) If the cumulative length of cracks at any 

TRF mount strut location is greater than or 

equal to 0.20 inches and less than 0.25 

inches, repeat the inspection within 370 

CSLI. 

(vi) If the cumulative length of cracks at 

any TRF mount strut location is 0.25 inches 

or greater, replace the TRF with a part 

eligible for installation before further flight. 

(f) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs for this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. You may email your 

request to: ANE-AD-AMOC@faa.gov. 

(g) Related Information 

(1) For more information about this AD, 

contact Kyle Gustafson, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7183; fax: 781–238–7199; 

email: kyle.gustafson@faa.gov. 

(2) CFM SB No. CFM56–5B S/B 72–0850, 

dated December 19, 2012, and CFM SB No. 

CFM56–5B S/B 72–0308, Revision 5, dated 

October 12, 2007, can be obtained from CFM 

using the contact information in paragraph 

(g)(3) of this proposed AD. 

(3) For service information identified in 

this AD, contact CFM International Inc., 

Aviation Operations Center, 1 Neumann 

Way, M/D Room 285, Cincinnati, OH 45125; 

phone: 877–432–3272; fax: 877–432–3329; 

email: aviation.fleetsupport@ge.com. 

(4) You may view this 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. 

Issued in Burlington, Massachusetts, on 

September 24, 2015. 

Colleen M. D’Allesandro, 

Directorate Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–24729 Filed 10–1–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 147 

[Docket No. FAA–2015–3901; Notice No. 

15–10] 

RIN 2120–AK48 

Aviation Maintenance Technician 

Schools 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to amend 

the regulations governing the 

curriculum and operations of FAAcertificated Aviation Maintenance 

Technician Schools. These amendments 

would modernize and reorganize the 

required curriculum subjects in the 

appendices of the current regulations. 

They would also remove the course 

content items currently located in the 

appendices and require that they be 

placed in each school’s operations 

specifications so they could more easily 

be amended when necessary. The 

amendments are needed because the 

existing curriculums are outdated, do 

not meet current industry needs, and 

can be changed only through notice and 

comment rulemaking. These 

amendments would ensure that aviation 

maintenance technician students 

receive up-to-date foundational training 

to meet the demanding and consistently 

changing needs of the aviation industry. 

DATES: Send comments on or before 

December 31, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3901 

using any of the following methods: 

• Federal Rulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS