63420 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

SBA is proposing to amend this 

definition to permit SBA to issue a bond 

guarantee for a contract that requires the 

Principal to pay the Obligee for the 

harvesting of timber. This action is 

being taken in response to concerns 

expressed by small businesses that have 

experienced difficulty obtaining the 

required bonds for public and private 

timber sale contracts. Discussions with 

representatives of the United States 

Forest Service confirm the need for 

increased bonding support for small 

businesses in this area, and it is 

estimated that approximately 150 small 

businesses would be eligible for bond 

guarantee assistance as a result of 

implementing this Proposed Rule. This 

change would apply to contracts 

involving forests managed by the 

Federal Government or other public or 

private landowners. SBA invites 

comments from public and private 

entities and individuals on how this 

proposed rule would affect them. 

II. Section-by-Section Analysis 

Section 115.10. SBA is proposing to 

revise the definition of the term 

‘‘Contract’’ to allow SBA to issue a 

performance bond guarantee for a 

contract that requires the Principal to 

pay the Obligee for the harvesting of 

timber on the land of the Obligee. The 

current definition excludes any contract 

that requires payment by the Obligee to 

the Principal. Because this kind of 

payment is inherent in timber sale 

contracts, the proposed change makes it 

clear that timber sale contracts are 

eligible for performance bond 

guarantees. 

Compliance With Executive Orders 

12866, 12988, and 13132, the 

Paperwork Reduction Act (44 U.S.C. Ch. 

35), and the Regulatory Flexibility Act (5 

U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. This rule is also not a major rule 

under the Congressional Review Act. 

Executive Order 12988 

This action meets applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

Executive Order 13132 

For purposes of Executive Order 

13132, SBA has determined that the rule 

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, 

for the purpose of Executive Order 

13132, Federalism, SBA has determined 

that this Proposed Rule has no 

federalism implications warranting 

preparation of a federalism assessment; 

however, SBA invites comments from 

the public on this issue. 

Paperwork Reduction Act, 44 U.S.C., 

Ch. 35 

SBA has determined that this 

Proposed Rule does not impose 

additional reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act, 44 U.S.C., Chapter 35. 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to RFA, when an 

agency issues a rulemaking, the agency 

must prepare a regulatory flexibility 

analysis which describes the impact of 

this rule on small entities. However, 

section 605 of the RFA allows an agency 

to certify a rule, in lieu of preparing an 

analysis, if the rulemaking is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. Within the meaning of RFA, 

SBA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. It 

is estimated that approximately 150 

small businesses would now be eligible 

for bond guarantee assistance from SBA 

as a result of implementing this 

Proposed Rule. Additionally, there are 

17 Sureties that participate in the SBG 

Program, and no part of this Proposed 

Rule would impose any significant 

additional cost or burden on them. 

List of Subjects in 13 CFR Part 115 

Claims, Small businesses, Surety 

bonds. 

For the reasons stated in the 

preamble, SBA proposes to amend 13 

CFR part 115 as follows: 

PART 115—SURETY BOND 

GUARANTEE 

1. The authority citation for part 115 

continues to read as follows: 

Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b, 

687c, 694b, 694b note, Pub. L. 106–554; and 

Pub. L. 108–447, Div. K, Sec. 203. 

2. Amend § 115.10 by revising the 

third sentence of the definition 

‘‘Contract’’ to read as follows: 

§ 115.10 Definitions. 

* * * * * 

Contract * * * A Contract does not 

include a permit, subdivision contract, 

lease, land contract, evidence of debt, 

financial guarantee (e.g., a contract 

requiring any payment by the Principal 

to the Obligee, except for contracts for 

the sale of timber that require the 

Principal to pay the Obligee), warranty 

of performance or efficiency, warranty 

of fidelity, or release of lien (other than 

for claims under a guaranteed bond). 

* * * 

* * * * * 

Dated: October 8, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–25999 Filed 10–14–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0959; Directorate 

Identifier 2010–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model BD–700–1A10 and BD–700– 

1A11 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

There have been two in-service reports of 

main landing gear (MLG) tire failure on 

landing, during which a flailing tire tread 

caused damage to No. 2 and No. 3 hydraulic 

system lines in the wing auxiliary spar area 

on the left side of the aircraft. This damage 

resulted in the loss of supply pressure to the 

inboard and outboard brakes, as the only 

remaining braking source available was the 

No. 3 hydraulic system accumulator. The 

degradation of the brake system performance 

could adversely affect the aircraft during 

landing. 

* * * * * 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63421 

The unsafe condition is loss of braking 

capability, which could reduce the 

ability of the flightcrew to safely land 

the airplane. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 29, 

2010. 

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 

W12–40, 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 Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.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: 

Christopher Alfano, Aerospace 

Engineer, Airframe and Mechanical 

Systems Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7340; fax (516) 794–5531. 

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–2010–0959; Directorate Identifier 

2010–NM–119–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 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2010–10, 

dated March 26, 2010 (referred to after 

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

condition for the specified products. 

The MCAI states: 

There have been two in-service reports of 

main landing gear (MLG) tire failure on 

landing, during which a flailing tire tread 

caused damage to No. 2 and No. 3 hydraulic 

system lines in the wing auxiliary spar area 

on the left side of the aircraft. This damage 

resulted in the loss of supply pressure to the 

inboard and outboard brakes, as the only 

remaining braking source available was the 

No. 3 hydraulic system accumulator. The 

degradation of the brake system performance 

could adversely affect the aircraft during 

landing. 

This directive mandates the relocation of 

the No. 2 and No. 3 hydraulic system lines 

in the wing auxiliary spar area on the left 

side of the aircraft, together with a 

modification to the left wing rib and debris 

shield, in order to prevent damage to the 

hydraulic lines in the event of a MLG tire 

failure. The debris shield on the right side is 

also modified for part commonality. 

The unsafe condition is loss of braking 

capability, which could reduce the 

ability of the flightcrew to safely land 

the airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier, Inc. has issued Service 

Bulletins 700–29–021 and 700–1A11– 

29–004, both Revision 01, both dated 

January 25, 2010. 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 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 115 products of U.S. 

registry. We also estimate that it would 

take about 40 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $4,855 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$949,325, or $8,255 per product. 

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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

63422 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

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 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: 

Bombardier, Inc.: Docket No. FAA–2010– 

0959; Directorate Identifier 2010–NM– 

119–AD. 

Comments Due Date 

(a) We must receive comments by 

November 29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model BD–700–1A10 and BD–700–1A11 

airplanes, serial numbers 9002 through 9401 

inclusive, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been two in-service reports of 

main landing gear (MLG) tire failure on 

landing, during which a flailing tire tread 

caused damage to No. 2 and No. 3 hydraulic 

system lines in the wing auxiliary spar area 

on the left side of the aircraft. This damage 

resulted in the loss of supply pressure to the 

inboard and outboard brakes, as the only 

remaining braking source available was the 

No. 3 hydraulic system accumulator. The 

degradation of the brake system performance 

could adversely affect the aircraft during 

landing. 

* * * * * 

The unsafe condition is loss of braking 

capability, which could reduce the ability of 

the flightcrew to safely land the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 30 months after the effective 

date of this AD, relocate the No. 2 and No. 

3 hydraulic system lines in the wing 

auxiliary spar area on the left side of the 

aircraft, and modify the left wing rib and left 

and right debris shields, in accordance with 

the Accomplishment Instructions of 

Bombardier Service Bulletin 700–29–021 (for 

Model BD–700–1A10 airplanes) or 700– 

1A11–29–004 (for Model BD–700–1A11 

airplanes), both Revision 01, both dated 

January 25, 2010, as applicable. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Actions accomplished before the 

effective date of this AD in accordance with 

Bombardier Service Bulletin 700–29–021 or 

700–1A11–29–004, both dated April 3, 2009, 

as applicable, are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. Send information to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York, 

11590; telephone 516–228–7300; fax 516– 

794–5531. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards 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: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(j) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–10, dated March 26, 2010; 

and Bombardier Service Bulletins 700–29– 

021 and 700–1A11–29–004, both Revision 

01, both dated January 25, 2010; for related 

information. 

Issued in Renton, Washington, on October 

6, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25921 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1023; Directorate 

Identifier 2010–CE–055–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer— 

Empresa Brasileira de Aeronautica 

S.A. Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

mstockstill on DSKH9S0YB1PROD with PROPOSALS