38538 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

The second set of corrections was 

published in the Federal Register on 

January 14, 2021 (86 FR 2957). The third 

set of corrections was published in the 

Federal Register on February 23, 2021 

(86 FR 10732). This document augments 

those corrections. 

In the final rule, SBA amended 

§ 121.404(a)(1) to revise and clarify 

when the size status of a business 

concern is determined for a multipleaward contract. In doing so, SBA 

inadvertently removed 

§ 121.404(a)(1)(iv), which concerned 

when the size of a concern is 

determined for multiple-award contracts 

for which offerors are not required to 

submit price as part of the offer. SBA 

did not intend to delete that provision. 

This document adds back in 

§ 121.404(a)(1)(iv) as it appeared in 

SBA’s regulations prior to the final rule. 

This rule also corrects a typographical 

error contained in the introductory text 

of § 121.404(g) by removing the word 

‘‘until’’ from the second sentence. 

The final rule also revised 

§ 121.404(g)(2) to add language relating 

to the effect a merger, sale or acquisition 

that occurs between a concern’s offer for 

a particular procurement and the date of 

award for that procurement would have 

on the concern’s continued eligibility to 

receive the award and a procuring 

agency’s ability to continue to receive 

small business credit. The final rule 

inadvertently left out a corresponding 

change to § 121.404(g)(4). This rule 

corrects that omission by adding the 

words ‘‘or pending’’ to § 121.404(g)(4) 

to make clear that the revisions to 

§ 121.404(g)(2) were intended to apply 

to orders issued under multiple award 

contracts (MACs) as well. 

Finally, the final rule also made 

several revisions to § 124.509 regarding 

business activity targets applying to 

Participants in SBA’s 8(a) Business 

Development program. One of the 

changes made by the final rule was to 

clarify that SBA will compare 8(a) and 

non-8(a) revenues in a Participant’s 

program year, as opposed to its fiscal 

year. The final rule intended to change 

all references from fiscal year to 

program year. However, one reference to 

fiscal year was mistakenly left in 

§ 124.509(b)(3). This correction changes 

fiscal year to program year in 

§ 124.509(b)(3). 

List of Subjects 

13 CFR Part 121 

Administrative practice and 

procedure, Government procurement, 

Government property, Grant programs— 

business, Individuals with disabilities, 

Loan programs—business, Small 

businesses. 

13 CFR Part 124 

Administrative practice and 

procedure, Government procurement, 

Government property, Small businesses. 

Accordingly, 13 CFR parts 121 and 

124 are corrected by making the 

following correcting amendments: 

PART 121—SMALL BUSINESS SIZE 

REGULATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 

636(a)(36), 662, and 694a(9); Pub. L. 116–136, 

Section 1114. 

■ 2. Amend § 121.404 by 

■ a. Adding paragraph (a)(1)(iv); 

■ b. Revising the second sentence of 

paragraph (g) introductory text; and 

■ c. Revising the second sentence of 

paragraph (g)(4). 

The addition and revisions read as 

follows: 

§ 121.404 When is the size status of a 

business concern determined? 

* * * * * 

(a) * * * 

(1) * * * 

(iv) For an indefinite delivery, 

indefinite quantity (IDIQ), Multiple 

Award Contract, where concerns are not 

required to submit price as part of the 

offer for the IDIQ contract, size will be 

determined as of the date of initial offer, 

which may not include price. 

* * * * * 

(g) * * * Similarly, a concern that 

represents itself as a small business and 

qualifies as small after a required 

recertification under paragraph (g)(1), 

(2), or (3) of this section is generally 

considered to be a small business 

throughout the life of that contract. 

* * * 

* * * * * 

(4) * * * However, if the Multiple 

Award Contract was set-aside for small 

businesses, partially set-aside for small 

businesses, or reserved for small 

business, then in the case of a contract 

novation, or merger or acquisition 

where no novation is required, where 

the resulting contractor is now other 

than small, the agency cannot count any 

new or pending orders issued pursuant 

to the contract, from that point forward, 

towards its small business goals. * * * 

* * * * * 

PART 124—8(a) BUSINESS 

DEVELOPMENT/SMALL 

DISADVANTAGED BUSINESS STATUS 

DETERMINATIONS 

■ 3. The authority citation for part 124 

continues to read as follows: 

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

637(a), 637(d), 644 and Pub. L. 99–661, Pub. 

L. 100–656, sec. 1207, Pub. L. 101–37, Pub. 

L. 101–574, section 8021, Pub. L. 108–87, 

Pub. L. 116–260, sec. 330, and 42 U.S.C. 

9815. 

■ 4. Amend § 124.509 by revising the 

first sentence of paragraph (b)(3) to read 

as follows: 

§ 124.509 What are non-8(a) business 

activity targets? 

* * * * * 

(b) * * * 

(3) * * * SBA will measure the 

Participant’s compliance with the 

applicable non-8(a) business activity 

target at the end of each program year 

in the transitional stage by comparing 

the Participant’s non-8(a) revenue to its 

total revenue during the program year 

just completed. * * * 

* * * * * 

Antonio Doss, 

Acting Associate Administrator, Office of 

Government Contracting and Business 

Development. 

[FR Doc. 2021–15357 Filed 7–21–21; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0156; Project 

Identifier AD–2020–01594–T; Amendment 

39–21650; AD 2021–15–03] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace Corporation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Gulfstream Aerospace Corporation 

(Gulfstream) Model GVII–G500 

airplanes. This AD results from flap 

yoke fittings with design features that 

cause decreased fatigue life. This AD 

requires replacing the flap inboard and 

outboard yoke fitting assemblies and 

establishing a 20,000 flight cycle life 

limit for the fittings. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38539 

DATES: This AD is effective August 26, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 26, 2021. 

ADDRESSES: For service information 

identified in this final rule, contact 

Gulfstream Aerospace Corporation, 

Technical Publications Dept., P.O. Box 

2206, Savannah, GA 31402; phone: 

(800) 810–4853; email: pubs@

gulfstream.com; website: https://

www.gulfstream.com/en/customersupport/. You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 901 Locust, Kansas City, MO 

64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. It is also available 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0156. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0156; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Johnson, Aviation Safety 

Engineer, Atlanta ACO Branch, FAA, 

1701 Columbia Ave., College Park, GA 

30337; phone: (404) 474–5554; fax: (404) 

474–5606; email: jeffrey.d.johnson@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Gulfstream Aerospace 

Corporation (Gulfstream) Model GVII– 

G500 airplanes. The NPRM published in 

the Federal Register on May 7, 2021 (86 

FR 24546). The NPRM was prompted by 

a failure that occurred during flight 

testing of a Gulfstream Model GVII– 

G500 airplane, when the aircraft was 

configuring for a steep approach test 

point, the crew received a flap failure 

message. After landing, inspection 

revealed that the left-hand flap track ’B’ 

yoke had become disconnected due to 

structural failure. Gulfstream’s 

investigation to determine the root 

cause of the failure revealed that the 

flap yoke fittings for certain serialnumbered Gulfstream Model GVII–G500 

airplanes have design features that 

cause decreased fatigue life. In the 

NPRM, the FAA proposed to require 

replacing the flap inboard and outboard 

yoke fitting assemblies and revising the 

Airworthiness Limitations Instructions 

of your existing aircraft maintenance 

manual (AMM) to incorporate a 20,000 

flight cycle life limit. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

The FAA reviewed the relevant data 

and determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. This AD is adopted as 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Gulfstream GVII– 

G500 Aircraft Service Change No. 032, 

Initial Issue, dated November 20, 2020 

(Gulfstream ASC No. 032). This service 

information specifies procedures for 

replacing the flap inboard and outboard 

yoke fitting assemblies and upper 

bushings. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in 

ADDRESSES. 

Other Related Service Information 

The FAA reviewed Gulfstream GVII– 

500 Customer Bulletin No. 045, Initial 

Issue, dated November 20, 2020. This 

service information specifies the 

compliance time and additional 

information for Gulfstream ASC No. 

032. The FAA also reviewed Gulfstream 

Aerospace GVII–G500 Aircraft 

Maintenance Manual Document 

Number GAC–AC–GVII–G500–AMM– 

0001, Revision 7, dated December 15, 

2020. This document contains revised 

airworthiness limitations, maintenance 

checks, and inspections. 

Differences Between This AD and the 

Service Information 

Gulfstream ASC No. 032 contains 

actions labeled ‘‘Required for 

Compliance’’ (RC), and the language in 

Gulfstream ASC No. 032 and in 

paragraph (h)(3) of this AD indicates 

that operators must comply with all 

actions labeled RC for compliance with 

this AD. However, this AD does not 

require all of the steps in Gulfstream 

ASC No. 032 that are labeled as RC. 

Operators only need to comply with the 

RC steps specified in paragraph (g) of 

this AD. 

Costs of Compliance 

The FAA estimates that this AD 

affects 85 airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Replace the flap inboard and outboard yoke 

fitting assemblies and update the existing 

AMM.

83.5 work-hours × $85.00 per hour = 

$7,097.50.

$8,015.00 $15,112.50 $1,284,562.50 

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. 

The FAA is 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 


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38540 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2021–15–03 Gulfstream Aerospace 

Corporation: Amendment 39–21650; 

Docket No. FAA–2021–0156; Project 

Identifier AD–2020–01594–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective August 26, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Gulfstream Aerospace 

Corporation Model GVII–G500 airplanes, 

serial numbers 72001 through 72085, 

certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 5753, Trailing Edge Flaps. 

(e) Unsafe Condition 

This AD results from flap yoke fittings with 

design features that cause decreased fatigue 

life. The FAA is issuing this AD to prevent 

failure of the flap yoke fitting. The unsafe 

condition, if not addressed, could result in 

failure of the flap yoke fitting during flap 

transition, which could cause the flaps to 

stop moving. This, combined with additional 

failures in the flap actuator force limiter or 

flap yoke actuator disconnect, could result in 

asymmetric flap positions leading to a loss of 

airplane control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 24 months after the effective 

date of this AD or within 500 flight cycles 

after the effective date of this AD, whichever 

occurs first, replace each flap yoke fitting 

assembly by following Sections III.A.2 

through III.D of the Modification Instructions 

in Gulfstream GVII–G500 Aircraft Service 

Change No. 032, Initial Issue, dated 

November 20, 2020. 

(2) Within 24 months after the effective 

date of this AD, revise the existing 

Airworthiness Limitations section of the 

Instructions for Continued Airworthiness or 

aircraft inspection program for your airplane 

by establishing a life limit of 20,000 flight 

cycles for each flap yoke fitting part number 

72P5755095A001, 72P5755096A001, 

72P5755097A001, and 72P5755098A001. 

Note 1 to paragraph (g)(2): Section 

05–10–10 of Gulfstream Aerospace GVII– 

G500 Aircraft Maintenance Manual 

Document Number GAC–AC–GVII–G500– 

AMM–0001, Revision 7, dated December 15, 

2020, contains the life limit in paragraph 

(g)(2) of this AD. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Atlanta ACO 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 manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

(2) 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. 

(3) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the following provisions 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. An AMOC is required 

for any deviations to RC steps, including 

substeps and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(i) Related Information 

For more information about this AD, 

contact Jeffrey Johnson, Aviation Safety 

Engineer, Atlanta ACO Branch, FAA, 1701 

Columbia Ave., College Park, GA 30337; 

phone: (404) 474–5554; fax: (404) 474–5606; 

email: jeffrey.d.johnson@faa.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Gulfstream GVII–G500 Aircraft Service 

Change No. 032, Initial Issue, dated 

November 20, 2020. 

(ii) [Reserved] 

(3) For Gulfstream Aerospace Corporation 

service information identified in this AD, 

contact Gulfstream Aerospace Corporation, 

Technical Publications Dept., P.O. Box 2206, 

Savannah, GA 31402; phone: (800) 810–4853; 

email: pubs@gulfstream.com; website: 

https://www.gulfstream.com/en/customersupport/. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on July 15, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–15473 Filed 7–21–21; 8:45 am] 

BILLING CODE 4910–13–P 


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