24756 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

§ 120.883 Eligible administrative costs for

504 loans.

The following administrative costs are

not part of Project costs, but may be

paid with the proceeds of the 504 loan

and the Debenture (see § 120.971):

(a) SBA guarantee fee;

(b) Funding fee (to cover the cost of

a public issuance of securities and the

Trustee);

(c) CDC processing fee;

(d) Borrower’s out-of-pocket costs

associated with the closing of the 504

loan (other than legal fees);

(e) CDC Closing Fee (see

§ 120.971(a)(2)) up to a maximum of

$2,500; and

(f) Underwriters’ fee.

9. Revise § 120.910 to read as follows:

§ 120.910 How much must the Borrower

contribute?

(a) The Borrower must contribute to

the Project cash (or property acceptable

to SBA obtained with the cash) or land

(that is part of the Project Property), in

an amount equal to the following

percentage of the Project cost, exclusive

of administrative cost:

(1) At least 15 percent, if the Borrower

(or Operating Company if the Borrower

is an Eligible Passive Company) has

been in operation for 2 years or less;

(2) At least 15 percent, if the Project

involves the acquisition, construction,

conversion, or expansion of a limited or

single purpose building or structure;

(3) At least 20 percent, if the Project

involves both of the conditions

described in paragraphs (a) (1) and (2)

of this section; or

(4) At least 10 percent, in all other

circumstances.

(b) The source of the contribution may

be a CDC or any other source except an

SBA business loan program (see

§ 120.913 for SBIC exception).

10. Revise § 120.920 to read as

follows:

§ 120.920 Required participation by the

Third Party Lender.

(a) Amount of Third Party Loans. A

Project financing must include one or

more Third Party Loans totaling at least

as much as the 504 loan. However, the

Third Party Loans must total at least 50

percent of the total cost of the Project if:

(1) The Borrower (or Operating

Company, if the Borrower is an Eligible

Passive Company) has been in operation

for 2 years or less, or

(2) The Project is for the acquisition,

construction, conversion, or expansion

of a limited or single purpose asset.

(b) Third Party Loan collateral. Third

Party Loans usually are collateralized by

a first lien on the Project property. They

cannot be guaranteed by SBA.

11. In § 120.921 revise and

redesignate paragraphs (d) and (e) as

paragraphs (e) and (f) and add a new

paragraph (d) to read as follows:

§ 120.921 Terms of Third Party Loans.

* * * * *

(d) Future advances. The Third Party

Loan must not be open-ended. After

completion of the Project, the Third

Party Lender may not make future

advances under the Third Party Loan

except expenditures to collect amounts

due the Third Party Loan notes,

maintain collateral, and protect the

Third Party Lender’s lien position on

the Third Party Loan.

(e) Subordination. The Third Party

Lender’s lien will be subordinate to the

CDC/SBA lien as to any prepayment

penalties, late fees, and increased

default interest due under the Third

Party Loan.

(f) Escalation upon default. A ThirdParty Lender may not escalate the rate

of interest upon default to a rate greater

than the maximum rate set forth in

paragraph (b) of this section. With

respect to any Project approved after

September 30, 1996, SBA will only pay

the interest rate on the note in effect

prior to the date of the Borrower’s

default.

12. Amend § 120.971 by revising the

first sentence of paragraph (a)(2) and

paragraphs (a)(3), and (d)(2) to read as

follows:

§ 120.971 Allowable fees paid by

Borrower.

(a) * * *

(2) Closing fee. The CDC may charge

a reasonable closing fee in an amount

sufficient to reimburse it for the

expenses of its in-house or outside legal

counsel, and other miscellaneous

closing costs (CDC Closing Fee). * * *

(3) Servicing fee. The CDC will charge

a monthly servicing fee of not less than

0.625 percent per annum nor more than

2 percent per annum on the unpaid

balance of the loan as determined at 5-

year anniversary intervals. A servicing

fee in excess of 1.5 percent in a Rural

Area and 1 percent everywhere else

requires SBA’s prior written approval,

based on evidence of substantial need.

The servicing fee may be paid only from

loan payments received. The fees may

be accrued without interest and

collected from the CSA when the

payments are made.

* * * * *

(d) * * *

(2) For loans approved by SBA after

September 30, 1996, SBA charges a fee

of not more than 0.9375 percent per

annum on the unpaid principal balance

of the loan as determined at 5-year

anniversary intervals.

* * * * *

13. In part 120 redesignate § 120.972

as § 120.973, and add a new § 120.972

to read as follows:

§ 120.972 Third Party Lender participation

fee and Development company fee.

(a) Participation fee. For loans

approved by SBA after September 30,

1996, SBA must collect a one-time fee

from the Third Party Lender equal to 50

basis points on its total participation in

a Project when the Third Party Lender

occupies a senior credit position to SBA

in the project.

(b) Development company fee. For

loans approved by SBA after September

30, 1996, SBA must collect an annual

fee from the CDC equal to 0.125 percent

of the outstanding principal balance of

the debenture. The fee must be paid

from the servicing fees collected by the

CDC and cannot be paid from any

additional fees imposed on the

Borrowers.

Dated: April 28, 1998.

Aida Alvarez,

Administrator.

[FR Doc. 98–11910 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–CE–148–AD]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Models A200CT,

B200, B200C, B200CT, 200T/B200T,

300, B300, and B300C Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to Raytheon

Aircraft Company (Raytheon) Models

A200CT, B200, B200C, B200CT, 200T/

B200T, 300, B300, and B300C airplanes.

The proposed action would require

replacing the main landing gear left and

right actuator clevis assembly. Reports

of main landing gear failure on two of

the affected airplanes prompted the

proposed action. The actions specified

by the proposed AD are intended to

prevent failure of the actuator clevis

assembly in the main landing gear,

which could result in loss
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24757

of control of the airplane during landing

operations.

DATES: Comments must be received on

or before July 10, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

148–AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085;

telephone: (800) 625–7043 or (316) 676–

4556. This information also may be

examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Steven E. Potter, Aerospace Engineer,

FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100,

Wichita, Kansas 67209; telephone (316)

946–4146; facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–148–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–148–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The FAA has received two reports of

failed main landing gear (MLG) on

Raytheon Models B200 and B200C

airplanes. Further investigation shows

the MLG actuator clevis in these

airplanes failed from fatigue cracking in

the threaded shank portion of the clevis.

The MLG actuator clevis assembly that

is currently installed in these Raytheon

airplanes could also fracture causing

collapse of the MLG while landing.

Relevant Service Information

Raytheon Aircraft has issued

Mandatory Service Bulletin No. 2728,

Issued: June 1997, Revision No. 1, dated

February 1998, which specifies

replacing the left and right MLG

actuator clevis assmembly with a new

MLG actuator clevis assembly of

improved design.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to prevent failure of the

actuator clevis assembly in the main

landing gear, which, if not corrected,

could result in loss of control of the

airplane during landing operations.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Raytheon Models

A200CT, B200, B200C, B200CT, 200T/

B200T, 300, B300, and B300C of the

same type design, the proposed AD

would require replacing the left and

right MLG actuator clevis assembly with

a new actuator clevis assembly of

improved design.

Cost Impact

The FAA estimates that 897 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 5 workhours per airplane

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts cost

approximately $581 per airplane. Based

on these figures, the total cost impact of

the proposed AD on U.S. operators is

estimated to be $790,257, or $881 per

airplane. The manufacturer has

informed the FAA that 105 owners/

operators of these airplanes have

already accomplished the proposed

action; therefore, the total cost impact of

the proposed AD on U.S. operators

would be reduced by $92,505 from

$790,257 to $697,752.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action has been placed in the Rules

Docket. A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 a new airworthiness directive

(AD) to read as follows:

Raytheon Aircraft Company: Docket No. 97–

CE–148–AD.

Applicability: Airplane models listed

below, certificated in any category.
24758 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

Model Serial No.

B200 ............................... BB–1158, BB–1167, BB–1193 through BB–1263, BB–1265 through BB–1286, BB–1287, BB–1288, BB–1290 through

BB–1300, BB–1302 through BB–1425, BB–1427 through BB–1447, BB–1449, BB–1450, BB–1453, BB–1455, BB–

1456, and BB–1458 through BB–1559.

B200C ............................ BL–124 through BL–140.

B200CT (FW–II) ............. FG–1 and FG–2.

200T/B200T .................... BT–31 through BT–38.

300 ................................. FA–1 through FA–230 and FF–1 through FF–19.

B300 ............................... FL–1 through FL–159.

B300C ............................ FM–1 through FM–9 and FN–1.

A200CT (C–12D) ........... BP–46 through BP–51.

A200CT (C–12F) ............ BP–52 through BP–63.

A200CT (RC–12K) ......... FE–1 through FE–9.

A200CT (RC–12N) ......... FE–10 through FE–24.

A200CT (RC–12P) ......... FE–25 through FE–31, FE–33, FE–35.

A200CT (RC–12Q) ......... FE–32, FE–34, FE–36.

B200C (C–12F) .............. BP–64 through BP–71, BL–73 through BL–112, and BL–118 through BL–123.

B200C (UC–12F) ........... BU–1 through BU–10.

B200CT (RC–12F) ......... BU–11 and BU–12.

B200C (UC–12M) ........... BV–1 through BV–10.

B200C (RC–12M) ........... BV–11 and BV–12.

B200C (C–12R) .............. BW–1 through BW–29.

Note 1: This AD applies to each airplane

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

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 (c) 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 within the next 200

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

date of this AD, unless already accomplished.

To prevent failure of the actuator clevis rod

in the main landing gear, which could result

in loss of control of the airplane during

landing operations, accomplish the

following:

(a) Replace the left and right main landing

gear actuator clevis assembly with a new

MLG actuator clevis assembly of improved

design in accordance with the

Accomplishment Instructions section in

Raytheon Aircraft Mandatory Service

Bulletin No. 2728, Issued: June, 1997,

Revision No. 1, February, 1998.

(b) 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 airplane to

a location where the requirements of this AD

can be accomplished.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office, 1801 Airport Road,

Room 100, Wichita, Kansas 67209. The

request shall be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Wichita Aircraft Certification

Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita Aircraft

Certification Office.

(d) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to the Raytheon

Aircraft Company, P.O. Box 85, Wichita,

Kansas 67201–0085; or may examine this

document at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on April

29, 1998.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–11887 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–103–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Dornier Model 328–100 series

airplanes. This proposal would require

modification of the ground cooling fan.

This proposal is prompted by issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent failure of the

ground cooling fan, which could result

in smoke in the flight deck and cabin

and consequent inability of the flight

crew to perform duties or possible

passenger injury due to smoke

inhalation.

DATES: Comments must be received by

June 4, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

103–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

FAIRCHILD DORNIER, DORNIER

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

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:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such