This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

37979 

Vol. 87, No. 122 

Monday, June 27, 2022 

1The other 2 types of CDCs are the Premier 

Certified Lenders Program CDCs (PCLP CDCs), 

Continued 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1240 

RIN 2590–AB18 

Enterprise Regulatory Capital 

Framework—Public Disclosures for the 

Standardized Approach; Correction 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

typographical errors that appeared in 

the final rule published in the Federal 

Register on June 2, 2022, titled 

‘‘Enterprise Regulatory Capital 

Framework—Public Disclosures for the 

Standardized Approach’’. 

DATES: Effective August 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Varrieur, Senior Associate 

Director, Office of Capital Policy, (202) 

649–3141, Andrew.Varrieur@fhfa.gov; 

Christopher Vincent, Senior Financial 

Analyst, Office of Capital Policy, (202) 

649–3685, Christopher.Vincent@

fhfa.gov; or James Jordan, Associate 

General Counsel, Office of General 

Counsel, (202) 649–3075, 

James.Jordan@fhfa.gov (these are not 

toll-free numbers); Federal Housing 

Finance Agency, 400 7th Street SW, 

Washington, DC 20219. For TTY/TRS 

users with hearing and speech 

disabilities, dial 711 and ask to be 

connected to any of the contact numbers 

above. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2022–11582 of June 2, 2022 (87 FR 

33423), the following corrections are 

made: 

§ 1240.63 [Corrected] 

■ 1. On page 33432, in § 1240.63, in the 

table titled ‘‘Table 7 to Paragraph (c)— 

CRT and Securitization’’, in paragraph 

(e), remove the word ‘‘bank’’ and add 

the word ‘‘Enterprise’’ in its place. 

■ 2. On page 33433, in § 1240.63, in 

footnote 5 following table 7 to paragraph 

(c), remove the word ‘‘bank’’ and add 

the word ‘‘Enterprise’’ in its place. 

Sandra L. Thompson, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2022–13544 Filed 6–24–22; 8:45 am] 

BILLING CODE 8070–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 120 

RIN 3245–AH74 

Temporary 504 Express Loan Authority 

for Certified Development Companies 

Participating in the Accredited Lenders 

Program 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This interim final rule 

implements the additional authority 

that the Economic Aid to Hard-Hit 

Small Businesses, Nonprofits, and 

Venues Act temporarily provides to 

Certified Development Companies 

participating in the Accredited Lenders 

Program with respect to 504 loans that 

are not more than $500,000 and that are 

not made to a borrower in an industry 

with a high rate of default, as defined by 

SBA. 

DATES:

Effective Date: This rule is effective 

June 27, 2022. 

Applicability Date: This rule applies 

to loan applications submitted to the 

Certified Development Company on or 

after June 27, 2022 and approved by the 

Certified Development Company and 

the U.S. Small Business Administration 

through September 30, 2023. 

Comment Date: Comments must be 

received on or before August 26, 2022. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AH74, through 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

SBA will post all comments on http:// 

www.regulations.gov. If you wish to 

submit confidential business 

information (‘‘CBI’’) as defined in the 

User Notice at http://

www.regulations.gov, please submit the 

information via email to ALPExpress@

sba.gov. Highlight the information that 

you consider to be CBI and explain why 

you believe SBA should hold this 

information as confidential. SBA will 

review the information and make the 

final determination whether it will 

publish the information. 

FOR FURTHER INFORMATION CONTACT: 

Linda Reilly, Chief, 504 Program 

Branch, Office of Financial Assistance, 

Small Business Administration, 409 3rd 

Street SW, Washington, DC 20416; 

telephone: (202) 604–5032; email: 

linda.reilly@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

The 504 Loan Program is an SBA 

financing program authorized under 

title V of the Small Business Investment 

Act of 1958, as amended, 15 U.S.C. 695 

et seq. The core mission of the 504 Loan 

Program is to provide long-term 

financing to small businesses for the 

purchase or improvement of land, 

buildings, and major equipment, in an 

effort to facilitate the creation or 

retention of jobs and local economic 

development. Under the 504 Loan 

Program, loans are made to small 

business applicants by Certified 

Development Companies (‘‘CDCs’’), 

which are certified and regulated by 

SBA to promote economic development 

within their community. In general, a 

project in the 504 Loan Program (a ‘‘504 

Project’’) includes: a loan obtained from 

a private sector lender with a senior lien 

covering at least 50 percent of the 

project cost; a loan obtained from a CDC 

(a ‘‘504 Loan’’) with a junior lien 

covering up to 40 percent of the total 

cost (backed by a 100 percent SBAguaranteed debenture); and a 

contribution from the Borrower of at 

least 10 percent equity. 

There are three types of CDCs that 

participate in the 504 Loan Program. 

This rulemaking addresses the 

temporary authority that will be 

granted, in accordance with section 

328(b) of the Economic Aid to Hard-Hit 

Small Businesses, Nonprofits, and 

Venues Act (Pub. L. 116–260) 

(‘‘Economic Aid Act’’), to CDCs that are 

approved by SBA to participate in the 

Accredited Lenders Program (hereafter 

‘‘ALP CDCs’’).1 Currently, ALP CDCs 


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37980 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations 

which have increased authority to process, service 

and liquidate 504 loans, and the CDCs that are 

neither PCLP nor ALP CDCs, which must obtain 

SBA approval for nearly all loan actions. 

2ALP CDCs with a record of submitting high 

quality loan applications may be selected by the 

Sacramento Loan Processing Center (‘‘SLPC’’) to 

participate in the Abridged Submission Method, 

which is a streamlined application process. 

must obtain SBA’s approval to make a 

504 loan, including with respect to both 

the loan’s eligibility and 

creditworthiness.2 With respect to 

closing, ALP CDCs have delegated 

authority to make the ‘‘No Adverse 

Change’’ certification prior to loan 

closing without SBA’s review and 

approval and are authorized to close 504 

loans under the expedited loan closing 

procedures applicable to a Priority CDC. 

With respect to servicing, ALP CDCs are 

currently required to obtain SBA’s 

approval for most servicing actions. 

Section 328(b) of the Economic Aid 

Act temporarily provides increased 

authority to ALP CDCs with respect to 

‘‘covered loans.’’ The Economic Aid Act 

defines a ‘‘covered loan’’ as a loan that 

is not more than $500,000 and that is 

not made to a borrower in an industry 

with a high rate of default as defined by 

SBA (hereafter referred to as ‘‘ALP 

Express Loans’’). Section 328(b) of the 

Economic Aid Act further requires that 

SBA annually identify the industries 

with a high rate of default. Accordingly, 

on an annual basis, SBA will list the 

industries that it has determined have a 

high rate of default in a notice 

published in the Federal Register. ALP 

CDCs may not use ALP Express Loan 

authority with respect to any loan made 

to a business in an industry listed in the 

Federal Register notice as having a high 

rate of default. 

In accordance with section 328(b) of 

the Economic Aid Act, SBA is 

delegating to ALP CDCs the authority to 

make the final decision with respect to 

the applicant’s creditworthiness on ALP 

Express Loans. The ALP CDC’s 

determination regarding 

creditworthiness will not be subject to 

SBA review. SBA will continue to be 

responsible for reviewing each loan to 

ensure that it meets all Loan Program 

Requirements for program eligibility, 

including but not limited to those 

requirements involving franchise or 

similar agreements, historic properties, 

property with environmental issues, 

businesses involving religious activities, 

or businesses with activities of a 

prurient sexual nature. SBA also is 

delegating to ALP CDCs the authority to 

approve certain servicing actions after 

closing on ALP Express Loans. ALP 

CDCs must promptly notify the 

appropriate SBA servicing center of 

their approval of any servicing action on 

ALP Express Loans. SBA will consider 

prompt notification to be within 5 

business days of approval. 

With respect to the closing process, 

ALP CDCs, like PCLP CDCs, will be 

responsible for properly undertaking all 

actions necessary to close the ALP 

Express Loan and Debenture in 

accordance with the expedited loan 

closing procedures applicable to a 

Priority CDC and with § 120.960. 

In their own discretion, ALP CDCs 

may decide to not exercise their 

delegated authority with respect to an 

ALP Express Loan and may instead 

submit the loan to SBA under nondelegated procedures. ALP CDCs may 

not use their ALP Express Loan 

authority to service a loan that was 

approved under non-delegated authority 

that could have been made as an ALP 

Express Loan. In addition, PCLP CDCs 

may decide to process an ALP Express 

Loan under their status as an ALP CDC 

instead of as a PCLP CDC, thereby not 

requiring the CDC to comply with Loan 

Loss Reserve Fund requirements for that 

loan. 

Finally, the authority provided by the 

Economic Aid Act is available for loan 

applications submitted to the ALP CDC 

on or after the effective date of this 

rulemaking and approved by the 

Certified Development Company and 

SBA through September 30, 2023. 

Therefore, SBA is issuing this interim 

final rule to conform its rules with the 

requirements of the Economic Aid Act 

by adding a new section to part 120 of 

its regulations, § 120.842. The contents 

of this section are discussed in detail in 

Section III, below. 

II. Justification for Publication as 

Interim Final Rule With Immediate 

Effective Date 

In general, SBA publishes a rule for 

public comment before issuing a final 

rule, in accordance with the 

Administrative Procedure Act (APA) 

and SBA regulations. 5 U.S.C. 553 and 

13 CFR 101.108. In addition to section 

303 of the Economic Aid Act that 

authorizes SBA to issue regulations to 

implement the amendments described 

above without regard to notice 

requirements, the APA also provides an 

exception to this standard rulemaking 

process where an agency finds good 

cause to adopt a rule without prior 

public participation. 5 U.S.C. 

553(b)(3)(B). In enacting the good cause 

exception to standard rulemaking 

procedures, Congress recognized that 

emergency situations arise where an 

agency must issue a rule without public 

participation. SBA finds that good cause 

exists to publish this rule as an interim 

final rule, because there is an urgent 

need for SBA to implement this 

temporary program without further 

delay. Since the Economic Aid Act was 

enacted in December 2020 (and for 

many months before), SBA has been 

required to implement many initiatives 

related to the pandemic. These 

initiatives have competed for SBA’s 

limited time and resources, and the 

implementation of some programs has 

been unavoidably delayed by those 

limitations. Any further delay in 

implementing the ALP Express Loan 

authority would be contrary to the 

public interest, as small businesses 

would have to wait even longer to 

benefit from the expedited processing 

provided by this temporary program. By 

providing an expedited process for 

certain loans made by ALP CDCs, this 

program will assist in meeting the 

ongoing financing needs of small 

businesses that continue to be impacted 

by the COVID–19 pandemic. 

Although this rule is being published 

as an interim final rule, comments are 

hereby solicited from interested 

members of the public. These comments 

must be received on or before August 

26, 2022. SBA will consider any 

comments it receives and the need for 

making any amendments as a result of 

the comments. 

In addition, the APA requires that 

‘‘publication or service of a substantive 

rule shall be made not less than 30 days 

before its effective date, except * * * as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ 5 U.S.C. 553(d)(3). SBA finds 

that good cause exists to make this final 

rule effective the same day it is 

published in the Federal Register. The 

purpose of this APA provision is to 

provide interested and affected 

members of the public sufficient time to 

adjust their behavior before the rule 

takes effect. Because of the nature of the 

changes made by this rule, ALP CDCs 

and potential loan applicants will not 

need 30 days after publication of the 

rule to adjust to the more relaxed 

procedures. The rule does not change 

the substantive requirements for 

obtaining certain 504 loans; delegating 

increased authority to ALP CDCs with 

respect to the approval and servicing of 

those loans only impacts the procedural 

steps that ALP CDCs are currently 

required to follow to process a loan. For 

this and other reasons discussed above, 

SBA finds there is good cause to make 

this interim final rule effective 

immediately instead of imposing a 30- 

day period between publication and 

effective date. 


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Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations 37981 

III. Discussion of New § 120.842 

SBA is adding a new section, 120.842, 

to implement the authority of ALP CDCs 

to make ALP Express Loans. 

Paragraph (a) 

Paragraph (a) sets forth the definition 

of ‘‘ALP Express Loan.’’ 

Paragraph (b) 

Paragraph (b) sets forth the 

requirements related to the 

underwriting, approving, closing, and 

servicing of ALP Express Loans. In 

conducting such activities, ALP CDCs 

must comply with Loan Program 

Requirements, act in accordance with 

prudent and commercially reasonable 

lending standards, and document in its 

files the basis for each of its decisions. 

With respect to underwriting, this 

provision provides that ALP CDCs are 

authorized to make the final decision 

with respect to the applicant’s 

creditworthiness and establishing the 

terms and conditions of the ALP 

Express Loan. The ALP CDC’s 

determination regarding 

creditworthiness will not be subject to 

SBA review. However, ALP CDCs are 

reminded that, in accordance with 

§ 120.938, SBA will look to the CDC for 

the entire amount of the Debenture in 

the case of fraud, negligence, or 

misrepresentation by the CDC if the 

CDC defaults on the Debenture that 

funded an ALP Express Loan. 

SBA will continue to be responsible 

for reviewing each loan to ensure that it 

meets all Loan Program Requirements 

for program eligibility, including but not 

limited to those requirements involving 

franchise and similar agreements, 

historic properties, property with 

environmental issues, businesses 

involving religious activities, or 

businesses with activities of a prurient 

sexual nature. After approving the 

creditworthiness of the loan, ALP CDCs 

will be required to submit to SBA with 

the loan application all required 

documentation, including 

documentation necessary for SBA to 

make the final eligibility decision. If 

SBA determines that the applicant and 

the ALP Express Loan are eligible and 

that SBA funds are available, SBA will 

notify the ALP CDC of the loan number 

assigned to the loan and provide the 

CDC with a signed copy of the Loan 

Authorization. ALP CDCs must submit 

to the Sacramento Loan Processing 

Center (SLPC) for review and approval 

any servicing action that the ALP CDC 

proposes prior to closing that may affect 

the eligibility of the borrower or the 

ALP Express Loan. 

With respect to closing, the ALP CDC 

is responsible for properly undertaking 

all actions necessary to close the ALP 

Express Loan and Debenture in 

accordance with the expedited loan 

closing procedures applicable to a 

Priority CDC and with § 120.960. 

With respect to servicing, the ALP 

CDC is responsible for servicing its ALP 

Express Loans in accordance with 

§ 120.970. SBA may in certain 

circumstances, in its discretion, elect to 

handle such duties with respect to a 

particular ALP Express Loan or Loans. 

Additional servicing requirements are 

set forth in subpart E of this part. SBA 

will identify through its Loan Program 

Requirements which servicing actions 

that SBA will delegate to the CDC with 

respect to ALP Express Loans. The CDC 

must promptly notify the appropriate 

SBA commercial loan servicing center 

of any servicing action that it has 

approved under its delegated authority. 

SBA will consider prompt notification 

to be within 5 business days of 

approval. 

Paragraph (c) 

Paragraph (c) provides that a CDC is 

prohibited from processing a loan as an 

ALP Express Loan if the loan was 

previously submitted to SBA and was 

withdrawn by the CDC or was declined 

or otherwise not approved by SBA. 

Paragraph (d) 

Paragraph (d) explains that the 

authority to make ALP Express Loans is 

available for applications submitted to 

the ALP CDC on or after the effective 

date of this rulemaking and approved by 

the Certified Development Company 

and SBA through September 30, 2023. 

Compliance With Executive Orders 

12866, 12988, 13132, and 13563, the 

Congressional Review Act, (5 U.S.C. 

801–808), Paperwork Reduction Act (44 

U.S.C., Ch. 35), and the Regulatory 

Flexibility Act (5 U.S.C. 601–612) 

Executive Orders 12866 and 13563 

The Office of Management and Budget 

(‘‘OMB’’) has determined that this rule 

constitutes a ‘‘significant regulatory 

action’’ for purposes of Executive 

Orders 12866, Regulatory Planning and 

Review, and 13563, Improving 

Regulation and Regulatory Review. SBA, 

however, is proceeding under the 

emergency provision at Executive Order 

12866, section 6(a)(3)(D), based on the 

need to move expeditiously to mitigate 

the current conditions arising from the 

COVID–19 pandemic. This rule is 

necessary to implement the Economic 

Aid Act and provide economic relief to 

small businesses adversely impacted by 

COVID–19. SBA anticipates that 

implementing the ALP Express Loan 

authority and providing ALP CDCs with 

greater authority to approve and service 

loans will reduce processing time and 

therefore benefit small businesses, their 

employees, and the communities they 

serve. 

Congressional Review Act 

OMB has determined that this rule is 

not a major rule under 5 U.S.C. 804(2). 

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 

preemptive effect or retroactive effect. 

Executive Order 13132 

This rule does not have federalism 

implications as defined in Executive 

Order 13132, Federalism. It 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, as specified in the 

Executive Order. As such it does not 

warrant the preparation of a Federalism 

Assessment. 

Paperwork Reduction Act 

In order to implement the Act, SBA 

has determined that it is necessary to 

temporarily modify SBA Form 1244, 

which is currently approved under 

OMB Control Number 3245–0071, 

Application for Section 504 Loans, to 

conform the application with the 

revised requirements for ALP Express 

Loan authority. The changes will not 

add any new burdens for the 

respondents. SBA recently updated SBA 

Form 1244 to account for permanent 

changes to the Debt Refinancing 504 

program, along with technical 

corrections for the last update to SBA 

Form 1244. SBA is making the following 

technical corrections and clarifying 

changes to SBA Form 1244: (1) revising 

the instructions on page 1 (Purpose of 

the Form) to clarify that CDCs with ALP 

Express Loan authority must use the 

form; (2) adding a new ALP Express 

checkbox to page 12 in the Submission 

Method field; and (3) updating the 

instructions on pages 15 and 16 

(Required Exhibits) to identify which 

exhibits must be completed and 

uploaded in SBA’s E-Tran system for 

ALP Express Loans and which exhibits 

non-ASM CDCs must complete and 

upload into E-Tran. SBA has obtained 

emergency approval from OMB for the 

revised information collection to 


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37982 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations 

implement these revisions as 

expeditiously as possible. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires administrative 

agencies to consider the effect of their 

actions on small entities, including 

small non-profit businesses, and small 

local governments. Pursuant to the RFA, 

when an agency issues a rule, the 

agency must prepare an analysis that 

describes whether the impact of the rule 

will have a significant economic impact 

on a substantial number of these small 

entities. However, the RFA requires 

such analysis only where notice and 

comment rulemaking is required. As 

discussed above, SBA is publishing this 

rule as an interim final rule without 

advance notice and public comment 

because section 303 of the Economic 

Aid Act authorizes SBA to issue 

regulations to implement the 

amendments in the Act without regard 

to notice requirements. This rule is, 

therefore, exempt from the RFA 

requirements. 

List of Subjects in 13 CFR Part 120 

Loan programs-business, Reporting 

and recordkeeping requirements, Small 

businesses. 

For the reasons stated in the 

preamble, SBA amends 13 CFR part 120 

as follows: 

PART 120—BUSINESS LOANS 

■ 1. The authority citation for part 120 

is revised to read as follows: 

Authority: 15 U.S.C. 634(b)(6), (b)(7), 

(b)(14), (h), and note, 636(a), (h) and (m), and 

note, 636m, 650, 657t, and note, 657u, and 

note, 687(f), 696(3), and (7), and note, 697, 

697a and e, and note; Pub. L. 116–260, 134 

Stat. 1182. 

■ 2. Add § 120.842 under the 

undesignated center heading 

‘‘Accredited Lenders Program (ALP)’’ to 

read as follows: 

§ 120.842 ALP Express Loans. 

(a) Definition. For the purposes of this 

section, an ALP Express Loan: 

(1) Means a 504 loan in an amount 

that is not more than $500,000; and 

(2) Does not include a loan made to 

a borrower that is in an industry that 

has a high rate of default, as annually 

determined by SBA. SBA will publish 

an annual list of the industries with a 

high rate of default in a notice in the 

Federal Register. 

(b) Requirements for the underwriting, 

approving, closing, and servicing of ALP 

Express Loans—(1) General. When 

underwriting, approving, closing, and 

servicing 504 loans under this section, 

the ALP CDC must comply with Loan 

Program Requirements and conduct 

such activities in accordance with 

prudent and commercially reasonable 

lending standards. 

(2) Documentation of decision 

making. For each ALP Express Loan, the 

ALP CDC must document in its files the 

basis for its decisions with respect to 

underwriting, approving, closing, and 

servicing the loan. 

(3) Processing requirements—(i) 

Eligibility. An ALP Express Loan is 

subject to SBA’s final approval as to 

eligibility and, for each loan, an ALP 

CDC must submit the documents 

required by SBA to complete the 

eligibility review. ALP CDCs must 

submit to SBA for review and approval 

any servicing action that the ALP CDC 

proposes prior to closing that may affect 

the eligibility of the borrower or the 

ALP Express Loan. 

(ii) Credit decisions. The ALP CDC is 

responsible for properly determining the 

applicant’s creditworthiness and 

establishing the terms and conditions 

under which the ALP Express Loan will 

be made in accordance with SBA’s Loan 

Program Requirements and prudent 

lending standards. The ALP CDC’s 

determination regarding 

creditworthiness will not be subject to 

SBA review. 

(4) Submission of loan documents. An 

ALP CDC must notify SBA of its credit 

decision on an ALP Express Loan by 

submitting to SBA all required 

documentation. SBA will review these 

documents to determine whether the 

applicant and the ALP Express Loan are 

eligible and whether SBA funds are 

available for the ALP Express Loan. If 

approved, SBA will notify the ALP CDC 

of the loan number assigned to the loan 

and provide the CDC with a signed copy 

of the Loan Authorization. 

(5) Loan and Debenture closing. After 

receiving notification of the loan 

number and a signed copy of the Loan 

Authorization from SBA, the ALP CDC 

is responsible for properly undertaking 

all actions necessary to close the ALP 

Express Loan and Debenture in 

accordance with the expedited loan 

closing procedures applicable to a 

Priority CDC and with § 120.960. 

(6) Servicing. The ALP CDC is 

responsible for servicing its ALP 

Express Loans in accordance with 

§ 120.970. SBA may in certain 

circumstances, in its discretion, elect to 

handle such duties with respect to a 

particular ALP Express Loan or Loans. 

Additional servicing requirements are 

set forth in subpart E of this part. The 

CDC must promptly notify SBA when it 

approves any servicing action delegated 

to the CDC under Loan Program 

Requirements. 

(c) Prohibition against making a 504 

loan previously submitted to the SBA. 

An ALP CDC may not process a 504 

loan application under paragraph (b)(3) 

of this section from an applicant whose 

application was previously submitted to 

SBA and was withdrawn by the CDC or 

was declined or otherwise not approved 

by SBA. 

(d) Applicability. The authority to 

make ALP Express Loans is available for 

applications submitted to the ALP CDC 

on or after June 27, 2022 and approved 

through September 30, 2023. 

Isabella Casillas Guzman, 

Administrator. 

[FR Doc. 2022–13359 Filed 6–24–22; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0800; Project 

Identifier MCAI–2022–00705–T; Amendment 

39–22105; AD 2022–13–19] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–11– 

03, which applied to certain Airbus SAS 

Model A350–941 and –1041 airplanes. 

AD 2022–11–03 required revising the 

existing airplane flight manual (AFM), 

and revising the operator’s existing 

FAA-approved minimum equipment list 

(MEL) by incorporating certain master 

minimum equipment list (MMEL) 

provisions, to include limitations and 

procedures to mitigate the risk of 

elevator failure during flare. Since the 

FAA issued AD 2022–11–03, an 

updated software standard for the 

PRIMary flight control computers 

(PRIMs) has been developed to address 

the unsafe condition. This AD continues 

to require the actions in AD 2022–11– 

03, and also requires installing an 

updated PRIM software standard, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective July 12, 

2022. 


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