24740 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

legislation do not constitute a

significant impact on a substantial

number of small businesses.

SBA certifies that this interim final

rule does not impose any additional

reporting or recordkeeping requirements

under the Paperwork Reduction Act, 44

U.S.C. chapter 35.

For purposes of Executive Order

12612, SBA certifies that this interim

final rule has no federalism implications

warranting preparation of a Federalism

Assessment.

For purposes of Executive Order

12778, SBA certifies that this interim

final rule is drafted, to the extent

practicable, to accord with the standards

set forth in section 2 of that Order.

List of Subjects in 13 CFR Part 120

Loan programs—business, Small

businesses.

Accordingly, pursuant to authority

contained in section 5(b)(6) of the Small

Business Act (15 U.S.C. 634(b)(6)), SBA

amends part 120, chapter I, title 13,

Code of Federal Regulations as follows:

PART 120—BUSINESS LOANS

1. The authority citation for Part 120

continues to read as follows:

Authority: 15 U.S.C. 634(b)(6) and 636 (a)

and (h).

2. Revise § 120.845 to read as follows:

§ 120.845 Premier Certified Lenders

Program (PCLP).

The SBA has established a pilot

program to designate a number of CDCs

as Premier Certified Lenders (‘‘Premier

CDCs’’), and to authorize them to

approve, close, service, foreclose,

litigate, and liquidate 504 loans subject

to SBA regulations, procedures, and

policies. A Premier CDC’s authority to

approve loans under the Program is

subject to SBA’s determination that the

loan and Borrower meet SBA’s

eligibility requirements.

(a) PCLP loan approvals. A Premier

CDC notifies SBA of its approval of a

PCLP loan by submitting appropriate

documentation to SBA’s loan processing

center. SBA will notify the Premier CDC

of the SBA loan number (if it does not

identify a problem with eligibility, and

funds are available).

(b) Premier CDC Exposure. A Premier

CDC must reimburse SBA for 10 percent

of any loss incurred by SBA as a result

of a default by the Premier CDC on a

Debenture issued under the PCLP

(‘‘Exposure’’).

(c) Loss reserve. A Premier CDC must

establish a loss reserve to pay its

Exposure to SBA.

(1) Assets. A Premier CDC’s loss

reserve must be composed of any

combination of: segregated funds on

deposit in one or more federally insured

depository institutions; or irrevocable

letters of credit. All loss reserve deposits

and letters of credit must be assigned by

the Premier CDC to SBA in a manner

acceptable to SBA. A Premier CDC’s loss

reserve deposits in an institution may

exceed the institution’s insured amount,

but only if the institution is ‘‘well

capitalized’’ as defined in regulations of

the Federal Deposit Insurance

Corporation, as amended (12 CFR

325.103) (‘‘well capitalized bank’’). A

loss reserve irrevocable letter of credit

must (i) be issued by a well capitalized

bank, (ii) have a term equal to or longer

than the term of the financings it

secures, and (iii) be otherwise

acceptable to the SBA.

(2) Contributions. A Premier CDC’s

loss reserve must total 1 percent of the

Debentures it issues under the PCLP

Program. A Premier CDC must

contribute 50 percent of the required

loss reserve attributable to each

financing when the Debenture it issues

to fund the financing is closed, 25

percent within 1 year after the

Debenture is closed, and 25 percent

within 2 years after the Debenture is

closed.

(3) Reimbursement. SBA determines a

Premier CDC’s Exposure on a loan and

withdraws the amount necessary to

cover the Exposure. If, after full use of

any assets in the loss reserve, there are

not enough loss reserve assets to cover

a Premier CDC’s Exposure, the Premier

CDC must pay SBA any difference

between the Exposure and the loss

reserve assets withdrawn by SBA to

cover the Exposure within 45 days of a

demand for payment by SBA.

(4) Replenishment. If SBA withdraws

assets from the loss reserve to cover a

Premier CDC’s Exposure, the CDC must

replace the withdrawn loss reserve

assets within 30 days of the withdrawal

with contributions equal to or greater

than the amount of the assets

withdrawn.

(5) Withdrawal. A Premier CDC may

withdraw loss reserve assets attributable

to any repaid Debenture upon written

approval by SBA.

(d) Review. SBA will review a Premier

CDC’s financings annually.

(e) Suspension and revocation. The

AA/FA may suspend or revoke a CDC’s

Premier designation upon written notice

stating the reasons for the suspension or

revocation at least 10 business days

prior to the effective date of the

suspension or revocation. Reasons for

suspension or revocation may include

loan performance unacceptable to SBA,

failure to meet loss reserve or eligibility

criteria, or violations of applicable

statutes, regulations, or published SBA

policies and procedures. A Premier CDC

may appeal the suspension or

revocation made under this section

pursuant to the procedures set forth in

part 134 of this chapter. The action of

the AA/FA shall remain in effect

pending resolution of the appeal.

(f) Applications. A CDC may obtain

information concerning this pilot

program from the Office of Program

Development in the Office of Financial

Assistance at SBA’s Headquarters. A

CDC may submit its application to the

SBA field office in which it is most

active. The SBA field office will send

the application with its

recommendation to the AA/FA for a

final decision.

(g) Acceptance into program. When

determining a CDC’s application, SBA

will consider the CDC’s ability to work

with the local SBA office and the

quality of past performance.

(h) Program period. The PCLP pilot

program ends on October 1, 2000.

Dated: April 28, 1998.

Aida Alvarez,

Administrator.

[FR Doc. 98–11848 Filed 5–4–98; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–300–AD; Amendment

39–10511; AD 98–09–30]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A330–301 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A330–301 series airplanes. This action

requires a one-time visual inspection to

measure clearances between the engine

forward feed pipe and shroud sleeve in

the engine pylon; and repetitive

operational tests for fuel leakage, and

replacement of the shroud sleeve with a

new improved part, if necessary. This

amendment is prompted by the issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

prevent fuel from leaking into the pylon

primary structure and into the engine
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations 24741

nacelle core zone, which could result in

a fire in the engine.

DATES: Effective May 20, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 20,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

June 4, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

300–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, notified the FAA

that an unsafe condition may exist on

certain Airbus Model A330–301 series

airplanes. The DGAC advises that it has

received reports of insufficient overlap

between the fuel feed pipe and the

shroud sleeve. The insufficient overlap

has been attributed to an error during

manufacturing of the shroud sleeve.

Such insufficient overlap could cause

an improper O-ring seal between the

fuel feed pipe and the shroud sleeve. In

the event of a leak in the fuel feed pipe,

such insufficient overlap could permit

fuel to leak into the pylon primary

structure and into the engine nacelle

core zone. This condition, if not

corrected, could result in a fire in the

engine.

Explanation of Relevant Service

Information

Airbus has issued Service Bulletin

A330–28–3046, Revision 01, dated

November 12, 1996, which describes

procedures for a one-time visual

inspection to measure clearances of the

overlap between the engine forward

feed pipe and shroud sleeve in the

engine pylon, and repetitive operational

tests for fuel leakage. The DGAC

classified this service bulletin as

mandatory, and issued French

airworthiness directive 96–174–

034(B)R1, dated January 2, 1997, in

order to assure the continued

airworthiness of these airplanes in

France.

Airbus also has issued Service

Bulletin A330–28–3045, dated August 9,

1996, which describes procedures for

replacing the shroud sleeve with a

newly designed shroud sleeve. The

DGAC approved this service bulletin.

FAA’s Conclusions

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of § 21.29 of the Federal

Aviation Regulations (14 CFR 21.19)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Explanation of Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletins described

previously.

Cost Impact

None of the Airbus Model A330–301

series airplanes affected by this action

are on the U.S. Register. All airplanes

included in the applicability of this rule

currently are operated by non-U.S.

operators under foreign registry;

therefore, they are not directly affected

by this AD action. However, the FAA

considers that this rule is necessary to

ensure that the unsafe condition is

addressed in the event that any of these

subject airplanes are imported and

placed on the U.S. Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 4 work hours to

accomplish the required actions, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of this AD would be $240 per airplane.

Determination of Rule’s Effective Date

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, prior

notice and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and opportunity for public

comment, comments are invited on this

rule. Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

shall identify the Rules Docket number

and be submitted in triplicate to the

address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended in light of the

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–300–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

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.
24742 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

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, Incorporation by reference,

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

adding the following new airworthiness

directive:

98–09–30 Airbus: Amendment 39–10511.

Docket 97–NM–300–AD.

Applicability: Airbus Model A330–301

series airplanes equipped with Pratt &

Whitney or General Electric engines on

which Airbus Modification 44649 has not

been accomplished, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fuel from leaking into the pylon

primary structure and into the engine nacelle

core zone, which could result in a fire in the

engine; accomplish the following:

(a) Within 500 flight hours after the

effective date of this AD, perform a one-time

visual inspection to measure the clearances

between the engine forward feed pipe and

the shroud sleeve of the left- and right-hand

engine pylons, in accordance with Airbus

Service Bulletin A330–28–3046, Revision 01,

dated November 12, 1996. If the measured

clearance is greater than 6 millimeters (mm),

no further action is required by this AD.

(b) If the measured clearance is less than

or equal to 6 mm, prior to further flight,

perform an operational test to check for fuel

leaks in accordance with Airbus Service

Bulletin A330–28–3046, Revision 01, dated

November 12, 1996.

(1) If no leaking is found, repeat the

operational test thereafter at intervals not to

exceed 500 flight hours until the

requirements of paragraph (c) of this AD are

accomplished.

(2) If any leaking is found, prior to further

flight, replace the shroud sleeve with a new

improved part in accordance with Airbus

Service Bulletin A330–28–3045, dated

August 9, 1996. Accomplishment of this

replacement constitutes terminating action

for the repetitive operational testing

requirements of this AD.

(c) For any airplane on which the

measured clearance is less than or equal to

6 mm and no leaking is found during any

operational test required by paragraph (b) of

this AD: Within 1 year after the effective date

of this AD, replace the shroud sleeve with a

new improved part in accordance with

Airbus Service Bulletin A330–28–3045,

dated August 9, 1996. Accomplishment of

this modification constitutes terminating

action for the repetitive operational testing

requirements of paragraph (b) of this AD.

(d) 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,

International Branch, ANM–116, FAA,

Transport Airplane directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(e) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

(f) The replacement shall be done in

accordance with Airbus Service Bulletin

A330–28–3045, dated August 9, 1996. The

inspection and operational test (if

accomplished) shall be done in accordance

with Airbus Service Bulletin A330–28–3046,

Revision 01, dated November 12, 1996. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Airbus

Industrie, 1 Rond Point Maurice Bellonte,

31707 Blagnac Cedex, France. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in French airworthiness directive 96–174–

034(B)R1, dated January 2, 1997.

(g) This amendment becomes effective on

May 20, 1998.

Issued in Renton, Washington, on April 24,

1998.

Gary L. Killion,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11563 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–131–AD; Amendment

39–10512; AD 98–10–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain McDonnell

Douglas Model MD–11 series airplanes.

This action requires a revision of the

Airplane Flight Manual to alert the

flightcrew that both flight management

computers (FMC’s) must be installed

and operational. This AD also requires

an inspection to determine the serial

number of the FMCs, and follow-on

corrective actions, if necessary. This

amendment is prompted by a report

indicating that, due to incorrect

multiplexers that were installed in the

flight management computer system

(FMC’S) during production, certain data

busses failed simultaneously during a

ground test. The actions specified in

this AD are intended to prevent loss of

airspeed and altitude indications on

both primary flight displays in the

cockpit, and/or loss or degradation of

the autopilot functionality due to

installation of incorrect multiplexers,

and consequent failure of the data

busses.

DATES: Effective May 20, 1998.

The incorporation by reference of

certain publications listed in the