62070 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Proposed Rules 

information and findings of fact, if any. 

The revoking official may extend that 

period for good cause. 

(b) The revoking official sends you 

written notice, pursuant to § 103.6, that 

the official decided either— 

(1) Not to revoke your privilege to 

conduct business with SBA; or 

(2) To revoke your privilege to 

conduct business with SBA. In this 

event, the notice: 

(i) Refers to the Notice of Proposed 

Revocation; 

(ii) Specifies the reasons for your 

revocation; and 

(iii) States the period of your 

revocation, including the effective dates. 

§ 103.35 May I ask the revoking official to 

reconsider a decision to revoke my 

privilege to conduct business with SBA? 

Yes, you may ask the revoking official 

to reconsider the revocation decision or 

to reduce the time period or scope of the 

revocation. However, you must put your 

request in writing and support it with 

documentation. 

§ 103.36 What factors may influence the 

revoking official during reconsideration? 

The revoking official may reduce or 

terminate your revocation based on— 

(a) Newly discovered material 

evidence not previously available; 

(b) A reversal of the conviction or 

civil judgment upon which your 

revocation was based; 

(c) A bona fide change in ownership 

or management; 

(d) Elimination of other causes for 

which the revocation was imposed; or 

(e) Other reasons the revoking official 

finds appropriate. 

§ 103.37 May the revoking official extend a 

revocation? 

(a) Yes, the revoking official may 

extend a revocation for an additional 

period, if that official determines that an 

extension is necessary to protect the 

public interest. 

(b) However, the revoking official may 

not extend a revocation solely on the 

basis of the facts and circumstances 

upon which the initial revocation action 

was based. 

(c) If the revoking official decides that 

a revocation for an additional period is 

necessary, the revoking official must 

follow the applicable procedures in this 

part to extend the revocation, at 

§§ 103.21 through 103.36 of this part. 

§ 103.38 May the Agency impute conduct 

of one person to another? 

For purposes of actions taken under 

this rule, SBA may impute conduct as 

follows: 

(a) Conduct imputed from an 

individual to an organization. SBA may 

impute the fraudulent, criminal, or 

other improper conduct of any officer, 

director, shareholder, partner, 

employee, or other individual 

associated with an organization, to that 

organization when the improper 

conduct occurred in connection with 

the individual’s performance of duties 

for or on behalf of that organization, or 

with the organization’s knowledge, 

approval or acquiescence. The 

organization’s acceptance of the benefits 

derived from the conduct is evidence of 

knowledge, approval or acquiescence. 

(b) Conduct imputed from an 

organization to an individual, or 

between individuals. SBA may impute 

the fraudulent, criminal, or other 

improper conduct of any organization to 

an individual, or from one individual to 

another individual, if the individual to 

whom the improper conduct is imputed 

either participated in, had knowledge 

of, or reason to know of the improper 

conduct. 

(c) Conduct imputed from one 

organization to another organization. 

SBA may impute the fraudulent, 

criminal, or other improper conduct of 

one organization to another organization 

when the improper conduct occurred in 

connection with a partnership, joint 

venture, joint application, association or 

similar arrangement, or when the 

organization to whom the improper 

conduct is imputed has the power to 

direct, manage, control or influence the 

activities of the organization responsible 

for the improper conduct. Acceptance of 

the benefits derived from the conduct is 

evidence of knowledge, approval or 

acquiescence. 

PART 124—8(a) BUSINESS 

DEVELOPMENT/SMALL 

DISADVANTAGED BUSINESS STATUS 

DETERMINATIONS 

■ 13. The authority citation for part 124 

is revised to read as follows: 

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

637(a), 637(d); 42 U.S.C. 9815; Pub. L. 99– 

661; Pub L. 100–656; sec. 1207, Pub L. 101– 

37; Pub. L. 101–574; sec. 8021, Pub. L. 108– 

87. 

§ 124.4 [Amended] 

■ 14. Amend § 124.4 by removing 

paragraph (c) and redesignating 

paragraph (d) as paragraph (c). 

PART 134—RULES OF PROCEDURE 

GOVERNING CASES BEFORE THE 

OFFICE OF HEARINGS AND APPEALS 

■ 15. The authority citation for part 134 

continues to read as follows: 

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 

634(b)(6), 637(a), 648(l), 656(i), and 687(c); 

E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., 

p. 189. 

§ 134.102 [Amended] 

■ 16. Amend § 134.102 by removing and 

reserving paragraphs (c) and (p). 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2014–22521 Filed 10–14–14; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0751; Directorate 

Identifier 2013–NM–188–AD] 

RIN 2120–AA64 

Airworthiness Directives; Kidde 

Graviner 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Kidde Graviner hand-operated fire 

extinguishers as installed on, but not 

limited to, various transport and small 

airplanes. This proposed AD was 

prompted by a report that a fire 

extinguisher failed to operate when the 

activation lever was pressed. This 

proposed AD would require modifying 

the affected fire extinguishers. We are 

proposing this AD to prevent fire 

extinguishers from failing to operate in 

the event of a fire, which could 

jeopardize occupants’ safety and 

continuation of safe flight and landing. 

DATES: We must receive comments on 

this proposed AD by December 1, 2014. 

ADDRESSES: You may send comments 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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Kidde 

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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Proposed Rules 62071 

Graviner Limited, Mathisen Way, 

Colnbrook, Slough, Berkshire, SL3 0HB, 

United Kingdom; telephone +44 (0) 

1753 583245; fax +44 (0) 1753 685040. 

You may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. 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 by searching for 

and locating Docket No. FAA–2014– 

0751; 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Caspar Wang, Aerospace Engineer, 

Boston Aircraft Certification Office 

(ACO), FAA, Engine & Propeller 

Directorate, 12 New England Executive 

Park, Burlington, MA 01803; phone: 

781–238–7799; fax: 781–238–7170; 

email: caspar.wang@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0751; Directorate Identifier 

2013–NM–188–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 based on 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2012–0037, 

dated March 9, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Kidde Graviner handoperated fire extinguishers as installed 

on, but not limited to, various transport 

and small airplanes. The MCAI states: 

An instance occurred where an operator 

tried to use the fire extinguisher, but the 

extinguisher failed to operate when the 

activation lever was pressed. 

This condition, if not detected and 

corrected, could lead, in case of need to use 

the device to extinguish a fire on an aircraft, 

to jeopardize the occupants’ safety as well as 

the flight continuation and safe landing. 

The part manufacturer Kidde Graviner has 

introduced a design change to remove the 

root cause of the possible failure. 

This AD requires to modify all potentially 

defective fire extinguishers [including 

applying adhesive to the gland nut]. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating it in Docket No. FAA– 

2014–0751. 

Relevant Service Information 

Kidde Graviner has issued Alert 

Service Bulletin A26–081, Revision 1, 

dated January 31, 2012. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

affects 400 appliances installed on, but 

not limited to, various transport and 

small airplanes of U.S. registry. 

We also estimate that it would take 

about 25 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be up to $850,000, or $2,125 per 

appliance. 

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; 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: 

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): 

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62072 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Proposed Rules 

Kidde Graviner: Docket No. FAA–2014– 

0751; Directorate Identifier 2013–NM– 

188–AD. 

(a) Comments Due Date 

We must receive comments by December 1, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Kidde Graviner handoperated fire extinguishers having part 

numbers 56412–001 (34H), 56411–001 (35H), 

and 56412–002 (38H). These fire 

extinguishers may be installed on, but not 

limited to, various transport and small 

airplanes, certificated in any category, 

specified in paragraphs (c)(1), (c)(2), (c)(3), 

(c)(4), (c)(5), and (c)(6) of this AD. 

(1) BAE Systems (Operations) Limited 

Model ATP airplanes. 

(2) BAE Systems (Operations) Limited 

Model 4101 airplanes. 

(3) EADS CASA (Type Certificate 

previously held by Construcciones 

Aeronauticas, S.A.) Model C–212–CB, C– 

212–CC, C–212–CD, C–212–CE, C–212–CF, 

C–212–DE, and C–212–DF airplanes. 

(4) Fokker Services B.V. Model F.27 Mark 

050, 100, 200, 300, 400, 500, 600, and 700 

airplanes. 

(5) Short Brothers PLC Model SD3–60 

SHERPA, SD3–SHERPA, SD3–30, and SD3– 

60 airplanes. 

(6) SHORT BROTHERS & HARLAND LTD 

SC–7 Series 2 and SC–7 Series 3 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 26, Fire Protection. 

(e) Reason 

This AD was prompted by a report that a 

fire extinguisher failed to operate when the 

activation lever was pressed. We are issuing 

this AD to prevent fire extinguishers from 

failing to operate in the event of a fire, which 

could jeopardize occupants’ safety and 

continuation of safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Modification 

Within 6 months after the effective date of 

this AD, modify all Kidde Graviner handoperated fire extinguishers having part 

numbers 56412–001 (34H), 56411–001 (35H), 

and 56412–002 (38H), in accordance with the 

Accomplishment Instructions of Kidde 

Graviner Alert Service Bulletin A26–081, 

Revision 1, dated January 31, 2012. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using Kidde Graviner Alert 

Service Bulletin A26–081, dated August 23, 

2011, which is not incorporated by reference 

in this AD. 

(i) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install any Kidde Graviner handoperated fire extinguisher having part 

number 56412–001 (34H), 56411–001 (35H), 

or 56412–002 (38H) on any airplane unless 

the fire extinguisher has been modified as 

specified in paragraph (g) of this AD. 

(j) Other FAA AD Provision 

The following provision for Alternative 

Methods of Compliances (AMOCs) also 

applies to this AD: The manager of the office 

having certificate responsibility for the 

affected product has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. The Manager, Boston Aircraft 

Certification Office (ACO), FAA, will 

coordinate requests for approval of AMOCs 

with the manager of the appropriate office for 

the affected product. Send information to 

ATTN: Caspar Wang, Aerospace Engineer, 

Boston Aircraft Certification Office (ACO), 

FAA, Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7799; fax: 781–238– 

7170; email: caspar.wang@faa.gov. Before 

using any approved AMOC, notify your 

appropriate principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office/certificate 

holding district office. The AMOC approval 

letter must specifically reference this AD. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2012–0037, dated 

March 9, 2012, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating it in Docket No. 

FAA–2014–0751. 

(2) For service information identified in 

this AD, contact Kidde Graviner Limited, 

Mathisen Way, Colnbrook, Slough, Berkshire, 

SL3 0HB, United Kingdom; telephone +44 (0) 

1753 583245; fax +44 (0) 1753 685040. You 

may view this service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

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

Issued in Renton, Washington, on 

September 23, 2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–24556 Filed 10–15–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0748; Directorate 

Identifier 2014–NM–013–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, and A321 

series airplanes; and Model A320–211, 

–212, –214, –231, –232, and –233 

airplanes. This proposed AD was 

prompted by reports of wear of the 

trimmable horizontal stabilizer actuator 

(THSA). This proposed AD would 

require repetitive inspections of the 

THSA for damage, and replacement if 

necessary; and replacement of the THSA 

after reaching a certain life limit. We are 

proposing this AD to detect and correct 

wear on the THSA, which would reduce 

the remaining life of the THSA, possibly 

resulting in premature failure and 

consequent reduced control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by December 1, 2014. 

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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus, 

Airworthiness Office—EIAS, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. You 

may view this referenced service 

information at the FAA, Transport 

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