AD 2021-24-08

70358 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations However, the scheduling of the first full principal and interest payment must commence not more than 3 years from the date of the promissory note and be paid at least annually thereafter. * * * * * ■ 20. Amend § 5001.408 by revising paragraph (b) to read as follows: § 5001.408 Participation or assignment of guaranteed loan. * * * * * (b) Lender’s servicing fee to holder. The assignment guarantee agreement must clearly state the guarantee portion of loan as a percentage and corresponding dollar amount of the guaranteed portion of the guaranteed loan it represents and the lender’s servicing fee. The lender cannot charge the Agency a servicing fee and servicing fees are not eligible expenses for loss claim. * * * * * ■ 21. Amend § 5001.451 by revising (b)(3) and (e) to read as follows: § 5001.451 Conditional commitment. * * * * * (b) * * * (3) Loan agreement requirements to include: (i) Repayment terms and amortization provisions of the guaranteed loan; (ii) Description of real property collateral, list of other collateral and identification of the lender’s lien priority in the collateral; (iii) A list of persons and entities guaranteeing payment of the guaranteed loan and their percentage of guarantee; (iv) Requirement as to the type and frequency of the financial statements to be required for the duration of the guaranteed loan (guarantor statements must be updated at least annually); (v) Prohibition against borrower assuming liabilities or obligations of others; (vi) Limitations on borrower dividend payments and compensation of officers, owners and members of borrower; (vii) Limitations on the purchase and sale of equipment other fixed assets and real estate; (viii) Restrictions on mergers, consolidations, or sales of the business, project, or guarantee loan collateral without the concurrence of the lender; (ix) Limitations on significant management changes without the concurrence of the lender; (x) Maximum debt-to-net worth ratio, when required by the lender or by this part; (xi) Minimum debt service coverage ratio, when required by the lender or by this part; (xii) Requirements imposed by the Agency in its conditional commitment; (xiii) Agency environmental requirements; and (xiii) Requirement for the lender and the Agency to have reasonable access to the project and financial records including access for periodic inspections of the project and financial records by a representative of the lender or the Agency; and (xiv) Requirement for the borrower to provide the lender and the Agency performance information during the term of the guaranteed loan. * * * * * (e) Modification, and expiration of conditional commitment. The conditional commitment issued by the Agency will be effective for a period of one year or sufficient time to complete the guaranteed loan project prior to loan closing. The lender must submit a written request to the Agency to extend the conditional commitment at least 30 days prior to its expiration date and obtain Agency approval for the extension. The Agency will consider this request only if no material adverse changes in the borrower or the borrower’s financial condition have occurred since issuance of the conditional commitment. If a conditional commitment expires, the Agency will notify the lender in writing and may de-obligate the funds. Any additions or modifications to conditions stated in the original conditional commitment must be agreed upon between the lender, the borrower, and the Agency. ■ 22. Amend § 5001.452 by revising paragraphs (b) introductory text and (b)(8)(iii)(L)( 2 ) and adding paragraph (b)(8)(iii)(L)( 3 ) to read as follows: § 5001.452 Loan closing and conditions precedent to issuance of loan note guarantee. * * * * * (b) Simultaneously with or immediately after the guaranteed loan closing, the lender must provide to the Agency the guarantee fee, and the following forms and documents: * * * * * (8) * * * (iii) * * * (L) * * * ( 2 ) A title opinion or title insurance showing the borrower has good and marketable title to the real property and other collateral and fully addressing all existing mortgages or other lien defects, restrictions or encumbrances. In those cases where there is adequate gap coverage, a title commitment may be acceptable. * * * * * ■ 23. Amend § 5001.454 by revising paragraph (c) to read as follows: § 5001.454 Guarantee fee. * * * * * (c) Loan note guarantee prior to completion. If the loan note guarantee is issued prior to completion of the project’s construction under § 5001.205(e)(2), an additional guarantee fee of 0.50 percent will be added. * * * * * Subpart F—Servicing Provisions ■ 24. Amend § 5001.513 by revising paragraph (e) to read as follows: § 5001.513 Interest rate changes. * * * * * (e) Variable rate to fixed rate change. Variable rates can be changed to a fixed rate at the request of the borrower, agreement of the holder, if any, and Agency concurrence. * * * * * Justin Maxson, Deputy Under Secretary, Rural Development. [FR Doc. 2021–26160 Filed 12–9–21; 8:45 am] BILLING CODE 3410–15–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0829; Project Identifier MCAI–2021–00189–R; Amendment 39–21829; AD 2021–24–08] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. SUMMARY : The FAA is superseding Airworthiness Directive (AD) 2021–04– 21, which applies to certain Airbus Helicopters Model EC120B helicopters. AD 2021–04–21 required an inspection of the attachment bolts of the main rotor (MR) hub scissors assembly for discrepancies and repair if necessary; part marking of the attachment bolts of the MR hub scissors assembly; and repetitive inspections of the part marking of the attachment bolts, and repair if necessary. This AD continues to require the actions in AD 2021–04– 21; and also requires part marking of the washer, scissor branch, and mast ring of the corresponding nut side, and repetitive inspections of the additional part markings and repair if necessary; as VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 jspears on DSK121TN23PROD with RULES1

70359 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a report of broken and bent attachment bolts of the MR hub scissors assembly and a determination that additional part markings of the washer, scissor branch, and mast ring of the corresponding nut side, and repetitive inspections of those part markings, are necessary to detect any rotation. The FAA is issuing this AD to address the unsafe condition on these products. DATES : This AD is effective January 14, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 14, 2022. ADDRESSES : For material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@ easa.europa.eu; internet: www.easa.europa.eu. You may find this material on the EASA website at https:// ad.easa.europa.eu. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817–222–5110. It is also available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0829. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0829; 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 : Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267–9167; email: hal.jensen@faa.gov. SUPPLEMENTARY INFORMATION : Background The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021–0046, dated February 12, 2021 (EASA AD 2021–0046) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus Helicopters Model EC120B helicopters. Although EASA AD 2021–0046 applies to all Model EC120B helicopters, this AD applies to helicopters with an affected part installed instead. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2021–04–21, Amendment 39–21443 (86 FR 17278, April 2, 2021) (AD 2021–04–21). AD 2021–04–21 applied to certain Airbus Helicopters Model EC120B helicopters. The NPRM published in the Federal Register on September 23, 2021 (86 FR 52859). The NPRM was prompted by a report of broken and bent attachment bolts of the MR hub scissors assembly and a determination that additional part markings of the washer, scissor branch, and mast ring of the corresponding nut side, and repetitive inspections of those part markings, are necessary to detect any rotation. The NPRM proposed to continue to require the actions in AD 2021–04–21, as specified in an EASA AD. The NPRM also proposed to require part marking of the washer, scissor branch, and mast ring of the corresponding nut side, and repetitive inspections of the additional part markings and repair if necessary, as specified in an EASA AD. The FAA is issuing this AD to address broken and bent attachment bolts of the MR hub scissors assembly, which could lead to detachment of a MR hub scissors attachment bolt, possibly resulting in complete loss of control of the helicopter. See the MCAI for additional background information. Discussion of Final Airworthiness Directive Comments The FAA gave the public the opportunity to participate in developing this final rule. The FAA received no comments on the NPRM or on the determination of the cost to the public. Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 EASA AD 2021–0046 specifies procedures for an inspection of the attachment bolts of the MR hub scissors assembly for discrepancies (discrepancies include corrosion, fretting, wear, cracking, bolt play, and bolt tightening torque) and repair if necessary; part marking of the washer, scissor branch, and mast ring of the attachment bolts and corresponding nut side of the MR hub scissors assembly; and repetitive inspections, after part marking, for discrepancies, and repair if necessary. The inspections of the attachment bolts of the MR hub assembly include checking the play and torque of the scissors attachment bolts and making sure that there are no hard spots in the scissors link hinge. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 89 helicopters of U.S. registry. The FAA estimates the following costs to comply with this AD: E STIMATED C OSTS FOR R EQUIRED A CTIONS Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection for discrepancies (retained actions from AD 2021–04–21). 4 work-hours × $85 per hour = $340. $0 $340 .................................. $30,260. Part Marking (retained actions from AD 2021–04–21). 1 work-hour × $85 per hour = $85. 0 $85 .................................... $7,565. Repetitive Inspection of Markings (re- tained actions from AD 2021–04–21). 1 work-hour × $85 per hour = $85 per inspec- tion cycle. 0 $85 per inspection cycle .. $7,565 per inspection cycle. VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 jspears on DSK121TN23PROD with RULES1

70360 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations E STIMATED C OSTS FOR R EQUIRED A CTIONS —Continued Action Labor cost Parts cost Cost per product Cost on U.S. operators Additional Part Marking (new action) ..... 1 work-hour × $85 per hour = $85. 0 $85 .................................... $7,565. Repetitive Inspection (new action) ......... 1 work-hours × $85 per hour = $85 per inspec- tion cycle. 0 $85 per inspection cycle .. $7,565 per inspection cycle. The FAA estimates that it would take about 1 hour per product to comply with the reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures, the FAA estimates the cost of reporting on U.S. operators to be $7,565, or $85 per product. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of helicopters that might need these on-condition actions: O N -C ONDITION C OSTS Action Labor cost Parts cost Cost per product Repair of the attachment bolts ..................................... 4 work-hours × $85 per hour = $340 ........................... $40 $380 Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to 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 control number for the collection of information required by this AD is 2120–0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Pkwy., Fort Worth, TX 76177– 1524. 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 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: ■ a. Removing Airworthiness Directive (AD) 2021–04–21, Amendment 39– 21443 (86 FR 17278, April 2, 2021); and ■ b. Adding the following new AD: 2021–24–08 Airbus Helicopters: Amendment 39–21829; Docket No. FAA–2021–0829; Project Identifier MCAI–2021–00189–R. (a) Effective Date This airworthiness directive (AD) is effective January 14, 2022. (b) Affected ADs This AD replaces AD 2021–04–21, Amendment 39–21443 (86 FR 17278, April 2, 2021) (AD 2021–04–21). (c) Applicability This AD applies to Airbus Helicopters Model EC120B helicopters, certificated in any category, having an affected part as defined in European Union Aviation Safety Agency (EASA) AD 2021–0046, dated February 12, 2021 (EASA AD 2021–0046). (d) Subject Joint Aircraft System Component (JASC) Code 6200, Main Rotor System. (e) Unsafe Condition This AD was prompted by a report of broken and bent attachment bolts of the main rotor (MR) hub scissors assembly and a determination that additional part markings of the washer, scissor branch, and mast ring of the corresponding nut side, and repetitive inspections of those part markings, are necessary to detect any rotation. The FAA is VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 jspears on DSK121TN23PROD with RULES1

70361 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations issuing this AD to address broken and bent attachment bolts of the MR hub scissors assembly, which could lead to detachment of a MR hub scissors attachment bolt, possibly resulting in complete loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2021–0046. (h) Exceptions to EASA AD 2021–0046 (1) Where EASA AD 2021–0046 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2021–0046 refers to September 05, 2018 (the effective date of EASA AD 2018–0186), this AD requires using May 7, 2021 (the effective date of AD 2021– 04–21). (3) This AD does not mandate compliance with the ‘‘Remarks’’ section of EASA AD 2021–0046. (4) Where the service information referenced in EASA AD 2021–0046 specifies to discard certain parts, this AD requires removing those parts from service. (5) Where EASA AD 2021–0046 refers to flight hours (FH), this AD requires using hours time-in-service. (6) Paragraphs (3) and (4) of EASA AD 2021–0046 refer to ‘‘discrepancies.’’ For this AD, discrepancies include corrosion, fretting, wear, cracking, bolt play, twist, shearing, rupture, and bolt tightening torque. (7) Where EASA AD 2021–0046 specifies to contact the manufacturer for repair instructions, this AD requires the repair to be done in accordance with a method approved by the Manager, General Aviation and Rotorcraft Section, International Validation Branch, FAA; or EASA; or Airbus Helicopter’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA- authorized signature. (8) Paragraph (5) of EASA AD 2021–0046 specifies to report inspection results to Airbus Helicopters within a certain compliance time. For this AD, report inspection results at the applicable time specified in paragraph (h)(8)(i) or (ii) of this AD. (i) If the inspection was done on or after May 7, 2021 (the effective date of AD 2021– 04–21): Submit the report within 30 days after the inspection. (ii) If the inspection was done before May 7, 2021 (the effective date of AD 2021–04– 21): Submit the report within 30 days after May 7, 2021. (i) Special Flight Permit Special flight permits, as described in 14 CFR 21.197 and 21.199, are not allowed. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation 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 International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR- 730-AMOC@faa.gov. (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. (k) Related Information For more information about this AD, contact Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267–9167; email: hal.jensen@faa.gov. (l) 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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2021–0046, dated February 12, 2021. (ii) [Reserved] (3) For EASA AD 2021–0046, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; Internet: www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817–222–5110. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0829. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibr- locations.html. Issued on November 15, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–26680 Filed 12–9–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0826; Project Identifier MCAI–2021–00300–R; Amendment 39–21826; AD 2021–24–05] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. SUMMARY : The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Deutschland GmbH Model EC135P2+, EC135P3, EC135T2+, and EC135T3 helicopters. This AD was prompted by reports that certain aft and forward fitting assemblies, which are not approved for installation on certain helicopters, were installed on those helicopters as part of the outboard load system. Operators of those helicopters might not be aware of the applicable overhaul or life limits for those fitting assemblies. This AD requires inspecting the aft and forward fitting assemblies of the outboard load system to determine the part number, re-identifying the part if necessary, inspecting each affected part for damage (which may be indicated by signs of corrosion, mechanical damage, loose rivets, or cracks) and, depending on the findings, corrective actions, 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 January 14, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 14, 2022. ADDRESSES : For EASA material incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer- Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this material on the EASA website at https:// ad.easa.europa.eu. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available in the AD docket at https:// VerDate Sep<11>2014 15:55 Dec 09, 2021 Jkt 256001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 jspears on DSK121TN23PROD with RULES1