11318 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

does SBA intend for this regulation to

be understood as re-establishing the

availability of assistance under those

programs. Hence, since this legislation

now extends the exclusion form

affiliation to small concerns that apply

for any type of assistance under the

SBIAct, the exclusion from affiliation

applies solely to applicants for available

financial, management, or technical

assistance under the SBIC, the Surety

Bond Guarantee, and the Certified State

and Local Development Company

Programs.

SBA is issuing this as a final rule and

not as a proposed rule, because Sba is

merely incorporating this

Congressionally mandated

interpretation and clarification of the

definition of small business into its

existing regulations. SBA is not

modifying or othewise changing its

regulations in any way other than to the

extent that the statute directs the

Agency to do so.

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. 5).

Under the Regulatory Flexibility Act

(RFA), SBA is not required to analyze

the impact of this revision of its size

regulations on small businesses because:

the RFA applies to Federal rules that

require public comment; and this is a

final rule, incorporating into SBA’s

Small Business Size Regulations a

Congressionally mandated

interpretation and clarification of the

definition of small business, and

therefore requires no comment. In Fiscal

Year 1995 SBICs invested in 2,221

enterprises. SBA believes that clarifying

this definition actually increases the

number of small businesses that may

apply for assistance under the SBIAct. It

also provides more programs under

which these small businesses may seek

assistance. Under this amendment,

venture capital companies can invest in

small businesses confident that they are

not jeopardizing a small business’

eligibility for additional funding and

assistance as well.

For purposes of the Paperwork

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

certifies that this final rule contains no

new reporting or recordkeeping

requirements. For purposes of Executive

Order 12612, SBA certifies that this rule

does not have 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.

List of Subjects in 13 CFR Part 121

Government procurement,

Government property, Grant programs—

business, Individuals with disabilities,

Loan programs—business, Small

businesses.

PART 121—[AMENDED]

1. The authority citation for 13 CFR

Part 121 is revised to read as follows:

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

637(a), 644(c) and 662(5);

2. Section 121.103(b)(5) introductory

text is revised to read as follows:

* * * * *

(5) For financial, management or

technical assistance under the Small

Business Investment Company Act of

1958, as amended, (and applicant is not

affiliated with the investors listed in

paragraphs (b)(5)(I) through (vi) of this

section.

* * * * *

Dated: February 24, 1997.

Aida Alvarez,

Administrator.

[FR Doc. 97–5739 Filed 3–11–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–SW–24–AD; Amendment

39–9959; AD 97–06–02]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron, Inc. Model 214B,

214B–1 and 214ST Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Bell Helicopter Textron,

Inc. (BHTI) Model 214B, 214B–1, and

214ST helicopters, that currently

establishes a retirement life of 40,000

high-power events for the lower

planetary spider (spider). This

amendment changes the method of

calculating the retirement life for the

spider from high-power events to a

maximum accumulated Retirement

Index Number (RIN) of 80,000, and

makes this RIN applicable to an

additional part-numbered spider. This

amendment is prompted by fatigue

analyses and tests that show certain

spiders fail sooner than originally

anticipated because of the unanticipated

higher number of external load lifts and

takeoffs (torque events) performed with

those spiders, in addition to the time-inservice (TIS) accrued under other

operating conditions. The actions

specified by this AD are intended to

prevent fatigue failure of the spider,

which could result in failure of the main

transmission and subsequent loss of

control of the helicopter.

EFFECTIVE DATE: April 16, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bell Helicopter Textron, Inc., P.O.

Box 482, Ft. Worth, Texas 76101.

FOR FURTHER INFORMATION CONTACT: Mr.

Uday Garadi, Aerospace Engineer, FAA,

Rotorcraft Certification Office,

Rotorcraft Directorate, Fort Worth,

Texas 76193–0170, telephone (817)

222–5157, fax (817) 222–5959.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–05–02,

Amendment 39–8608 (58 FR 45833,

August 31, 1993), which is applicable to

BHTI Model 214B, 214B–1, and 214ST

helicopters, was published in the

Federal Register on November 14, 1996

(61 FR 58353). That action proposed

changing the method of calculating the

retirement life for the spider from highpower events to a maximum

accumulated RIN of 80,000, and

proposed making this RIN applicable to

an additional part-numbered spider.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed, with some

editorial changes. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor expand the scope of

the AD.

The FAA estimates that 11 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately (1)

48 work hours to replace a spider

affected by the new method of

determining the retirement life required

by this AD; (2) 2 work hours per

helicopter to create the component

history card or equivalent record

(record), and (3) 10 work hours per

helicopter to maintain the record each

year, and that the average labor rate is

$60 per work hour. Required parts will

cost approximately $10,920 per

helicopter. Based on these figures, the
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11319

total cost impact of the AD on U.S.

operators is estimated to be $28,220 for

the first year and $27,120 for each

subsequent year. These costs assume

replacement of the spider in one-sixth of

the fleet each year, creation and

maintenance of the records for all the

fleet the first year, and creation of onesixth of the fleet’s records and

maintenance of the records for all the

fleet each subsequent year.

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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); and (3)

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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

removing Amendment 39–8608 (58 FR

45833, August 31, 1993), and by adding

a new airworthiness directive (AD),

Amendment 39–9959, to read as

follows:

AD 97–06–02 Bell Helicopter Textron, Inc.:

Amendment 39–9959. Docket No. 94–

SW–24–AD. Supersedes AD 93–05–02,

Amendment 39–8608.

Applicability: Model 214B and 214B–1

helicopters, with lower planetary spider

(spider), part number (P/N) 214–040–080–

001 or –101, and Model 214ST helicopters,

with spider, P/N 214–040–080–101,

installed, certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (f) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within 25 hours

time-in-service (TIS) after the effective date

of this AD, unless accomplished previously.

To prevent fatigue failure of the spider,

which could result in failure of the main

transmission and subsequent loss of control

of the helicopter, accomplish the following:

(a) Create a component history card for the

spider, P/N 214–040–080–001 or –101.

(b) For Model 214B and 214B–1 helicopters

with spider, P/N 214–040–080–001,

determine and record the accumulated

Retirement Index Number (RIN) as follows:

(1) If the number of takeoffs and the

number of external load lifts conducted with

this spider are known, record one (1) RIN for

each takeoff and one (1) RIN for each external

load lift.

(2) If either the number of takeoffs or the

number of external load lifts conducted with

this spider are unknown, record twenty-four

(24) RIN for each hour TIS.

(3) If either the number of takeoffs or the

number of external load lifts conducted with

this spider are unknown, or the hours TIS are

unknown, record twenty-one thousand, six

hundred (21,600) RIN for each calendar year

TIS. Prorate the number of RIN, based on the

number of calendar days, for a portion of a

year.

(c) For Model 214B, 214B–1, and 214ST

helicopters with spider, P/N 214–040–080–

101, determine and record the accumulated

RIN by multiplying the high-power events by

two (2).

Note 2: BHTI Alert Service Bulletin (ASB)

No. 214–94–53, which is applicable to Model

214B and 214B–1 helicopters, and ASB No.

214ST–94–68, which is applicable to Model

214ST helicopters, both dated November 7,

1994, pertain to this subject.

(d) After complying with paragraphs (a)

and (b) or (c) of this AD, during each

operation thereafter, maintain a count of the

number and type of external load lifts and

the number of takeoffs performed, and at the

end of each day’s operations, increase the

accumulated RIN on the component history

card as follows:

(1) For the Model 214B and 214B–1

helicopters:

(i) Increase the RIN by 1 for each takeoff.

(ii) Increase the RIN by 1 for each external

load lift, or increase the RIN by 2 for each

external load lift in which the load is picked

up at a higher elevation and released at a

lower elevation, and the difference in

elevation between the pickup point and the

release point is 200 feet or greater.

(2) For the Model 214ST helicopter:

(i) Increase the RIN by 2 for each takeoff.

(ii) Increase the RIN by 2 for each external

load lift, or increase the RIN by 4 for each

external load lift in which the load is picked

up at a higher elevation and released at a

lower elevation, and the difference in

elevation between the pickup point and the

release point is 200 feet or greater.

(e) Remove the spider, P/N 214–040–080–

001 or –101, from service on or before

attaining an accumulated RIN of 80,000. The

spider is no longer retired based upon flight

hours. This AD revises the Airworthiness

Limitations Section of the maintenance

manual by establishing a new retirement life

for the spider of 80,000 RIN.

(f) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Certification Office, FAA, Rotorcraft

Directorate. Operators shall submit their

requests through an FAA Principal

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Rotorcraft Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(h) This amendment becomes effective on

April 16, 1997.

Issued in Fort Worth, Texas, on February

26, 1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–6090 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–13–U