5724 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules 

in connection with Final Bonds must be 

paid in accordance with § 115.32. 

(ii) Exclusions. SBA Form 990A may 

not be used under the following 

circumstances: 

(A) The Principal has previously 

defaulted on any contract or has had 

any claims or complaints filed against it 

with any court or administrative agency; 

(B) Work on the Contract commenced 

before a bond is Executed; 

(C) The time for completion of the 

Contract or the warranty/maintenance 

period exceeds 12 months; 

(D) The Contract includes a provision 

for liquidated damages that exceed $250 

per day; 

(E) The Contract involves asbestos 

abatement, hazardous waste removal, 

demolition, or timber sales; or 

(F) The bond would be issued under 

a surety bonding line approved under 

§ 115.33. 

4. Amend § 115.32 as follows: 

a. Revise the fourth sentence of 

paragraph (b) to read as set forth below; 

b. Revise the second sentence of 

paragraph (c) to read as set forth below; 

and 

c. In the second sentence of paragraph 

(d)(1), remove the words 

‘‘(Supplemental Form 990)’’, and add 

the following sentence at the end: ‘‘In 

notifying SBA of any increase or 

decrease in the Contract or bond 

amount, the Surety must use the same 

form (SBA Form 990 or SBA Form 

990A) that it used in applying for the 

original bond guarantee.’’ 

§ 115.32 Fees and Premiums. 

* * * * * 

(b) * * * The Principal’s fee is 

rounded to the nearest dollar and is to 

be remitted to SBA by the Surety 

together with the form submitted under 

either § 115.30(d)(1) or (2). * * * 

(c) * * * Subject to § 115.18(a)(4), the 

Surety must pay SBA a guarantee fee on 

each guaranteed bond (other than a Bid 

Bond) within 60 calendar days after 

SBA’s approval of the Prior Approval 

Agreement. * * * 

* * * * * 

5. Amend § 115.33 by revising 

paragraphs (d)(1) and (d)(2) to read as 

follows: 

§ 115.33 Surety bonding line. 

* * * * * 

(d)(1) Submission of forms to SBA— 

Bid Bonds. Within 15 business days 

after the Execution of any Bid Bonds 

under a bonding line, the Surety must 

submit a ‘‘Surety Bond Guarantee 

Underwriting Review’’ (SBA Form 

994B) to SBA for approval. If the Surety 

fails to submit the form within this time 

period, SBA’s guarantee of the bond will 

be void from its inception unless SBA 

determines otherwise upon a showing 

that a valid reason exists why the timely 

submission was not made. 

(2) Submission of forms to SBA— 

Final Bonds. Within 15 business days 

after the Execution of any Final Bonds 

under a bonding line, the Surety must 

submit a Surety Bond Guarantee 

Underwriting Review (SBA Form 994B) 

and a Surety Bond Guarantee 

Agreement (SBA Form 990) to SBA for 

approval. If the Surety fails to submit 

these forms within the time period or 

the guarantee fees are not paid in 

accordance with § 115.32, SBA’s 

guarantee of the bond will be void from 

its inception unless SBA determines 

otherwise upon a showing that the 

Contract is not in default and a valid 

reason exists why the timely submission 

was not made. 

* * * * * 

Dated: January 30, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–2519 Filed 2–3–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0039; Directorate 

Identifier 2011–NM–144–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Fokker Services B.V. Model F.28 Mark 

0070 and 0100 airplanes. This proposed 

AD was prompted by reports of cracks 

underneath the passenger door in a buttjoint on the forward fuselage of an F.28 

Mark 0100 airplane. This proposed AD 

would require repetitive low frequency 

eddy current inspections of the forward 

fuselage butt-joints for cracks, and if 

necessary, a temporary repair followed 

by a permanent repair. We are 

proposing this AD to detect and correct 

cracks on the butt-joint on the forward 

fuselage, which could result in 

explosive decompression and 

consequent loss of control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by March 22, 2012. 

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 Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 231, 2150 AE Nieuw-Vennep, 

the Netherlands; telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email 

technicalservices.fokkerservices@

stork.com; Internet http://www.my

fokkerfleet.com. You may review copies 

of the referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, Washington. 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; or in person at the 

Docket Operations office 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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

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–2012–0039; Directorate Identifier 

2011–NM–144–AD’’ at the beginning of 


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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules 5725 

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 2011–0115, 

dated June 17, 2011 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

A report has been received of a crack, 

detected in a butt-joint on the forward 

fuselage of an F28 Mark 0100 aeroplane, 

underneath the passenger door. 

Investigations revealed that, depending on 

the configuration of the aeroplane, one or two 

butt-joints in the forward fuselage can be 

affected. 

This condition, if not detected and 

corrected, could lead to explosive 

decompression and consequent loss of the 

aeroplane. 

For the reasons described above, this 

[EASA] AD requires repetitive [low 

frequency eddy current] inspections of the 

forward fuselage butt joints for cracks and, 

when a crack is detected, accomplishment of 

a temporary repair. This [EASA] AD also 

requires reporting any cracks found to Fokker 

Services to enable the development of a 

modification and the determination of an 

interval for a repetitive inspection task, to be 

incorporated in the ALI [airworthiness 

limitations instructions] section of the MRB 

[maintenance review board] document. This 

[EASA] AD is considered to be an interim 

measure and further AD action is likely. 

Required actions include a permanent 

repair of the forward fuselage buttjoints. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Fokker Services B.V. has issued 

Service Bulletin SBF100–53–115, dated 

June 16, 2011. 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. 

Differences Between This AD and the 

MCAI or Service Information 

Paragraph (2) of EASA AD 2011–0115, 

dated June 17, 2011, explains that an 

optional alternative method for the 

inspection required by paragraph (g) of 

this proposed AD may be used. This AD 

does not include that optional 

alternative method, as the service 

information in this AD does not provide 

enough detail regarding this method. 

EASA AD 2011–0115, dated June 17, 

2011, does not include a permanent 

repair. This proposed AD does require 

a permanent repair. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 4 products of U.S. registry. 

We also estimate that it would take 

about 3 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 the 

proposed AD on U.S. operators to be 

$1,020, or $255 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 40 work-hours and require parts 

costing $0, for a cost of $3,400 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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); and 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 AD: 

Fokker Services B.V.: Docket No. FAA– 

2012–0039; Directorate Identifier 2011– 

NM–144–AD. 

(a) Comments Due Date 

We must receive comments by March 22, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F.28 Mark 0070 and 0100 airplanes, as 

identified in Fokker Service Bulletin 

SBF100–53–115, dated June 16, 2011. 


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5726 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53: Fuselage. 

(e) Reason 

This AD was prompted by reports of cracks 

underneath the passenger door in a butt-joint 

on the forward fuselage of an F.28 Mark 0100 

airplane. We are issuing this AD to detect 

and correct cracks on the butt-joint on the 

forward fuselage, which could result in 

explosive decompression and consequent 

loss of control of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Inspection 

Before the accumulation of 20,000 total 

flight cycles, or within 180 flight cycles after 

the effective date of this AD, whichever 

occurs later, do a low frequency eddy current 

inspection of the forward fuselage butt-joints 

for cracks, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–115, dated June 

16, 2011. Repeat the inspection thereafter at 

intervals not to exceed 1,000 flight cycles. 

Doing the temporary repair in paragraph (h) 

of this AD is terminating action for the 

repetitive inspections required by this 

paragraph. The temporary repair can also be 

accomplished if no cracking is found. 

(h) Temporary Repair 

If any cracking is found during any 

inspection required by paragraph (g) of this 

AD, before further flight, do a temporary 

repair, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–115, dated June 

16, 2011. Doing the temporary repair is 

terminating action for the repetitive 

inspections required by paragraph (g) of this 

AD. 

(i) Permanent Repair 

Within 10,000 flight cycles after installing 

the temporary repair as required by 

paragraph (h) of this AD, install a permanent 

repair using a method approved by the 

Manager, International Branch, ANM 116, 

Transport Airplane Directorate, FAA. 

(j) Reporting 

Submit a report of the findings (both 

positive and negative), to Fokker Services 

B.V., Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the Netherlands, 

using the reports form of Fokker Service 

Bulletin SBF100–53–115, dated June 16, 

2011, of the inspection required by paragraph 

(g) of this AD, at the applicable time 

specified in paragraph (j)(1) or (j)(2) of this 

AD. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

(k) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, FAA, 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. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–1137; fax (425) 227– 

1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(l) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0115, 

dated June 17, 2011; and Fokker Service 

Bulletin SBF100–53–115, dated June 16, 

2011; for related information. 

Issued in Renton, Washington, on January 

12, 2012. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–2618 Filed 2–3–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0041; Directorate 

Identifier 2011–NM–167–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 A300 B2–1C, B2K–3C, 

B2–203, B4–2C, B4–103, and B4–203 

airplanes. This proposed AD was 

prompted by analysis that in a specific 

failure case of the upper primary 

attachment of the trimmable horizontal 

stabilizer actuator (THSA); the THSA 

upper secondary attachment would 

engage because it could only withstand 

the loads for a limited period of time. 

This proposed AD would require 

installation of three secondary retention 

plates for the gimbal bearings on the 

THSA upper primary attachment. We 

are proposing this AD to prevent failure 

of the secondary load path, which could 

result in loss of control of the airplane. 

DATES: We must receive comments on 

this proposed AD by March 22, 2012. 

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 Airbus SAS— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; e-mail 

account.airworth-eas@airbus.com; 

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

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 


tkelley on DSK3SPTVN1PROD with PROPOSALS