Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54675 

List of Subjects in 13 CFR Part 123 

Disaster assistance, Loan programs— 

business, Reporting and recordkeeping 

requirements, Small businesses. 

■ For the reasons set forth in the 

preamble, the Small Business 

Administration amends 13 CFR part 123 

as follows: 

PART 123—DISASTER LOAN 

PROGRAM 

■ 1. The authority citation for part 123 

is revised to read as follows: 

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

(c); Pub. L. 102–395, 106 Stat. 1828, 1864; 

and Pub. L. 103–75, 107 Stat. 739; and Pub. 

L. 106–50, 113 Stat. 245; and Pub. L. 110– 

186. 

■ 2. Amend § 123.3(a) by revising the 

first sentence to read as follows: 

§ 123.3 How are disaster declarations 

made? 

(a) There are five ways in which 

disaster declarations are issued which 

make SBA disaster loans possible: 

* * * * * 

■ 3. Revise § 123.11, introductory text, 

to read as follows: 

§ 123.11 Does SBA require collateral for 

any of its disaster loans? 

Generally, SBA will not require that 

you pledge collateral to secure a disaster 

home loan or a physical disaster 

business loan of $10,000 or less, or an 

economic injury disaster loan of $5,000 

or less. However, for the purposes of the 

Military Reservist EIDL only, as 

described in section 123.513, SBA will 

not generally require that you pledge 

collateral to secure a loan of $50,000 or 

less. For loans larger than these 

amounts, you will be required to 

provide available collateral such as a 

lien on the damaged or replacement 

property, a security interest in personal 

property, or both. 

* * * * * 

■ 4. Revise the heading of § 123.501 to 

read as follows: 

§ 123.501 Under what circumstances is 

your business eligible to be considered for 

a Military Reservist Economic Injury 

Disaster Loan? 

* * * * * 

■ 5. Revise the heading of § 123.502 to 

read as follows: 

§ 123.502 Under what circumstances is 

your business ineligible to be considered 

for a Military Reservist Economic Injury 

Disaster Loan? 

* * * * * 

■ 6. Revise § 123.503 to read as follows: 

§ 123.503 When can you apply for a 

Military Reservist EIDL? 

Your small business can apply for a 

Military Reservist EIDL any time 

beginning on the date your essential 

employee receives notice of expected 

call-up and ending one year after the 

date the essential employee is 

discharged or released from active duty. 

The Associate Administrator for 

Disaster Assistance (AA/DA) or 

designee may extend the one year limit 

by no more then one additional year 

after finding extraordinary or 

unforeseeable circumstances. 

* * * * * 

■ 7. Revise § 123.504(a) to read as 

follows: 

§ 123.504 How do you apply for a Military 

Reservist EIDL? 

* * * * * 

(a) A copy of the essential employee’s 

official call-up orders for active duty 

showing the date of call-up, and, if 

known, the date of release from active 

duty. For an essential employee who 

expects to be called up and who has not 

received official call-up orders, the 

application shall include the notice of 

the expected call-up including, if 

known, the expected date of call-up and 

expected date of release from active 

duty; 

* * * * * 

■ 8. Revise § 123.506 to read as follows: 

§ 123.506 How much can you borrow 

under the Military Reservist EIDL Program? 

You can borrow an amount equal to 

the substantial economic injury you 

have suffered or are likely to suffer until 

normal operations resume as a result of 

the absence of one or more essential 

employees called to active duty, up to 

a maximum of $2 million. 

■ 9. Revise the heading of § 123.507, the 

introductory text and paragraph (b) to 

read as follows: 

§ 123.507 Under what circumstances will 

SBA consider waiving the $2 million loan 

limit? 

SBA will consider waiving the $2 

million dollar limit if you can certify to 

the following conditions and SBA 

approves of such certification based on 

the information supplied in your 

application: 

* * * * * 

(b) Your small business is in 

imminent danger of going out of 

business as a result of one or more 

essential employees being called up to 

active duty during a period of military 

conflict, and a loan in excess of $2 

million is necessary to reopen or keep 

open the small business; and 

* * * * * 

■ 10. Revise § 123.511 to read as 

follows: 

§ 123.511 How will SBA disburse Military 

Reservist EIDL funds? 

Funds will be disbursed only after the 

essential employee has been called to 

active duty, and you have provided a 

copy of the essential employee’s official 

call-up orders for active duty showing 

the date of the call-up. SBA will 

disburse your funds in quarterly 

installments (unless otherwise specified 

in your loan authorization agreement) 

based on a continued need as 

demonstrated by comparative financial 

information. On or about 30 days before 

your scheduled fund disbursement, SBA 

will request ordinary and usual 

financial statements (including balance 

sheets and profit and loss statements). 

Based on this information, SBA will 

assess your continued need for 

disbursements under this program. 

Upon making such assessment, SBA 

will notify you of the status of future 

disbursements. 

■ 11. Add § 123.513 to read as follows: 

§ 123.513 Does SBA require collateral on 

its Military Reservist EIDL? 

SBA will not generally require you to 

pledge collateral to secure a Military 

Reservist EIDL of $50,000 or less. For 

loans larger than $50,000, you will be 

required to provide available collateral 

such as a lien on business property, a 

security interest in personal property, or 

both. SBA will not decline a loan if you 

do not have a particular amount of 

collateral so long as SBA is reasonably 

sure that you can repay the loan. If you 

refuse to pledge the available collateral 

when requested by SBA, however, SBA 

may decline or cancel your loan. 

Sandy K. Baruah, 

Acting Administrator. 

[FR Doc. E8–21995 Filed 9–22–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE287, Special Conditions No. 

23–227–SC] 

Special Conditions; Honda Aircraft 

Company, Model HA–420 HondaJet 

Airplane; Fire Extinguishing 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: This notice issues special 

conditions for the Honda Aircraft 


jlentini on PROD1PC65 with RULES
54676 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

Company, Model HA–420 HondaJet 

Airplane. This new airplane will have 

novel and unusual design features not 

typically associated with normal, utility, 

acrobatic, and commuter category 

airplanes. These design features include 

turbofan engines and engine location, 

for which the applicable regulations do 

not contain adequate or appropriate 

airworthiness standards. These special 

conditions contain the additional 

airworthiness standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Effective Date: September 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Leslie B. Taylor, Aerospace Engineer, 

Standards Office (ACE–110), Small 

Airplane Directorate, Aircraft 

Certification Service, Federal Aviation 

Administration, Room 301, 901 Locust 

Street, Kansas City, Missouri 64106; 

telephone (816) 329–4134, e-mail: 

leslie.b.taylor@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2006, Honda Aircraft 

Company, Greensboro, North Carolina, 

made an application to the FAA for a 

new Type Certificate for the Honda 

Model HA–420 HondaJet. The Honda 

Model HA–420 HondaJet is an all new 

very light jet, twin engine, high 

performance, low wing, aft overwing 

mounted turbofan engine powered 

aircraft in the normal category including 

flight into known icing conditions, 

Reduced Vertical Separation Minima 

(RVSM) and single pilot operations. The 

Model HA–420 HondaJet design criteria 

includes: 9963 pounds maximum gross 

weight, estimated maximum speed of 

258 KIAS/0.72 Mach, cruise speed of 

420 KTAS at 30,000 feet, and a 43,000 

foot maximum altitude. 

Part 23 has historically addressed fire 

protection through prevention, 

identification, and containment. 

Prevention has been provided through 

minimizing the potential for ignition of 

flammable fluids and vapors. 

Identification has traditionally been 

provided by the location of the engines 

within the pilot’s primary field of view 

and/or with the incorporation of fire 

detection systems. This philosophy has 

provided for both the rapid detection of 

a fire and confirmation when it has been 

extinguished. Containment has been 

provided through the isolation of 

designated fire zones through flammable 

fluid shutoff valves and firewalls. The 

containment philosophy also ensures 

that components of the engine control 

system will function effectively to 

permit a safe shutdown of the engine. 

However, containment has only been 

required to be demonstrated for 15 

minutes. In event of a fire in a 

traditional part 23 airplane, the 

corrective action is to land as soon as 

possible. For a small, simple aircraft 

originally envisioned by part 23, it is 

possible to descend the aircraft to a 

suitable landing site within 15 minutes. 

Thus, if the fire is not extinguished, the 

occupants can safely exit the aircraft 

before the firewall is breached. These 

simple and traditional aircraft normally 

have the engine located away from 

critical flight control systems and 

primary structure. This has ensured 

that, throughout the fire event, the pilot 

can continue safe flight and control. It 

has also made predicting the effects of 

a fire relatively easy. Other design 

features of these simple and traditional 

aircraft, such as low stall speeds and 

short landing distances, ensure that, 

even in the event of an off-field landing, 

the potential for a catastrophic outcome 

has been minimized. 

The certification basis for the Model 

HA–420 HondaJet does require that a 

fire detection system be installed. 

However, due to the engine location, 

fire extinguishing is also considered a 

requirement. A sustained fire could 

result in loss of control of the airplane 

and damage to the primary structure 

before an emergency landing could be 

made. 

Type Certification Basis 

Under the provisions of 14 CFR, part 

21, § 21.17, Honda Aircraft Company 

must show that the Model HA–420 

HondaJet meets the applicable 

provisions of 14 CFR, part 23, effective 

February 1, 1965, as amended by 

Amendments 23–1 through Amendment 

23–55, effective March 1, 2002; 14 CFR, 

part 36, effective December 1, 1969, 

through the amendment effective on the 

date of type certification; 14 CFR, part 

34; exemptions, if any; and the special 

conditions adopted by this rulemaking 

action. 

Discussion 

Special conditions, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38, and become 

part of the type certification basis in 

accordance with § 21.17. 

Novel or Unusual Design Features 

The Honda Aircraft Company, Model 

HA–420 HondaJet will incorporate the 

following novel or unusual design 

features: 

Engine Fire Extinguishing System 

The Model HA–420 HondaJet design 

includes engines mounted aft on the top 

of the wings; therefore, early visual 

detection of engine fires is precluded. 

The applicable existing regulations do 

not require fire extinguishing systems 

for engines. Aft mounted engine 

installations were not envisaged in the 

development of part 23; therefore, 

special conditions for a fire 

extinguishing system with the 

applicable agents, containers, and 

materials for the engines of the Model 

HA–420 HondaJet are appropriate. 

Discussion of Comments 

A notice of proposed special 

conditions, Notice No. 23–08–04–SC, 

for the Model HA–420 HondaJet was 

published on June 25, 2008 (73 FR 

35979). No comments were received, 

and the special conditions are adopted 

as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

HA–420 HondaJet. Should Honda 

Aircraft Company apply at a later date 

for a change to the type certificate to 

include another model incorporating the 

same novel or unusual design feature, 

the special conditions would apply to 

that model as well under the provisions 

of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane identified. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

Special Conditions is as follows: 

Authority: 49 U.S.C. 106(g); 40113 and 

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

The Final Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) issues the 

following special conditions as part of 

the type certification basis for the 

Honda Aircraft Company, Model HA– 

420 HondaJet airplane: 

SC 23.1195, Fire extinguishing 

systems—Add the requirements of 14 

CFR § 23.1195 as modified below while 

deleting, ‘‘For commuter category 

airplanes.’’ 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54677 

(a) Fire extinguishing systems must be 

installed and compliance must be 

shown with the following: 

(1) Except for combustor, turbine, and 

tailpipe sections of turbine-engine 

installations that contain lines or 

components carrying flammable fluids 

or gases for which a fire originating in 

these sections is shown to be 

controllable, a fire extinguisher system 

must serve each engine compartment. 

(2) The fire extinguishing system, the 

quantity of the extinguishing agent, the 

rate of discharge, and the discharge 

distribution must be adequate to 

extinguish fires. An individual ‘‘one 

shot’’ system may be used except for 

embedded engines where a ‘‘two-shot’’ 

system is required. 

(3) The fire extinguishing system for 

a nacelle must be able to simultaneously 

protect each compartment of the nacelle 

for which protection is provided. 

(b) If an auxiliary power unit is 

installed in any airplane certificated to 

this part, that auxiliary power unit 

compartment must be served by a fire 

extinguishing system meeting the 

requirements of paragraph (a)(2) of this 

section. 

SC 23.1197, Fire extinguishing 

agents—Add the requirement of 14 CFR 

§ 23.1197 while deleting, ‘‘For 

commuter category airplanes.’’ 

(a) Fire extinguishing agents must: 

(1) Be capable of extinguishing flames 

emanating from any burning fluids or 

other combustible materials in the area 

protected by the fire extinguishing 

system; and 

(2) Have thermal stability over the 

temperature range likely to be 

experienced in the compartment in 

which they are stored. 

(b) If any toxic extinguishing agent is 

used, provisions must be made to 

prevent harmful concentrations of fluid 

or fluid vapors (from leakage during 

normal operation of the airplane or as a 

result of discharging the fire 

extinguisher on the ground or in flight) 

from entering any personnel 

compartment, even though a defect may 

exist in the extinguishing system. This 

must be shown by test except for builtin carbon dioxide fuselage compartment 

fire extinguishing systems for which: 

(1) Five pounds or less of carbon 

dioxide will be discharged, under 

established fire control procedures, into 

any fuselage compartment; or 

(2) Protective breathing equipment is 

available for each flight crewmember on 

flight deck duty. 

SC 23.1199, Extinguishing agent 

containers—Add the requirements of 14 

CFR § 23.1199 while deleting, ‘‘For 

commuter category airplanes.’’ 

(a) Each extinguishing agent container 

must have a pressure relief to prevent 

bursting of the container by excessive 

internal pressures. 

(b) The discharge end of each 

discharge line from a pressure relief 

connection must be located so that 

discharge of the fire extinguishing agent 

would not damage the airplane. The line 

must also be located or protected to 

prevent clogging caused by ice or other 

foreign matter. 

(c) A means must be provided for 

each fire extinguishing agent container 

to indicate that the container has 

discharged or that the charging pressure 

is below the established minimum 

necessary for proper functioning. 

(d) The temperature of each container 

must be maintained, under intended 

operating conditions, to prevent the 

pressure in the container from— 

(1) Falling below that necessary to 

provide an adequate rate of discharge, or 

(2) Rising high enough to cause 

premature discharge. 

(e) If a pyrotechnic capsule is used to 

discharge the extinguishing agent, each 

container must be installed so that 

temperature conditions will not cause 

hazardous deterioration of the 

pyrotechnic capsule. 

SC 23.1201, Fire extinguishing 

systems materials—Add the 

requirements of § 23.1201 while 

deleting, ‘‘For commuter category 

airplanes.’’ 

Fire extinguisher system materials 

must meet the following requirements: 

(a) No material in any fire 

extinguishing system may react 

chemically with any extinguishing agent 

so as to create a hazard. 

(b) Each system component in an 

engine compartment must be fireproof. 

Issued in Kansas City, Missouri on 

September 15, 2008. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–22154 Filed 9–22–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0461; Directorate 

Identifier 2008–NE–14–AD; Amendment 39– 

15678; AD 2008–19–11] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Arrius 2B1, 2B1A, 2B2, and 2K1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

provided by the European Aviation 

Safety Agency (EASA) to identify and 

correct an unsafe condition on 

Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, 

and 2K1 turboshaft engines. The MCAI 

describes the unsafe condition as: 

A short circuit of some tantalum capacitors 

inside certain electronic control (EEC) units 

may lead to an in-flight shutdown on one of 

the two engines resulting from: 

—Direct activation of the overspeed 

electronic protection; 

—Non-direct activation of the electronic 

overspeed protection by lowering the 

threshold, 

—Spurious activation of the starting 

sequence; or 

—Loss of power control with no freeze of the 

fuel-metering valve. 

We are issuing this AD to prevent inflight engine shutdowns and possible 

forced autorotation landing or accident. 

DATES: This AD becomes effective 

October 8, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of Turbomeca S.A. Mandatory Service 

Bulletin No. 319 73 2835, Update No. 1, 

dated December 21, 2006, listed in the 

AD as of October 8, 2008. 

We must receive comments on this 

AD by October 23, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 


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