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Federal Register / Vol. 72, No.

48 / Tuesday, March 13, 2007 / Proposed Rules 11295

violations such as the sale of common credit in a Federal Reserve Bank DEPARTMENT OF TRANSPORTATION
nonfood items in amounts normally account or in the Treasury Account,
found in a shopping basket, and FNS General. If FNS requires only a portion Federal Aviation Administration
had not previously advised the firm of of the face value of the bond or
the possibility that violations were irrevocable letter of credit to satisfy a 14 CFR Part 39
occurring and of the possible claim, the entire bond or irrevocable
consequences of violating the [Docket No. FAA–2007–27496; Directorate
letter of credit will be negotiated, and Identifier 2005–SW–37–AD]
regulations; or the remaining amount returned to the
(ii) The firm has accepted food stamp firm. RIN 2120–AA64
benefits in payment for items sold to a
household on credit. * * * * *
Airworthiness Directives; Bell
* * * * * PART 279—ADMINISTRATIVE AND Helicopter Textron, Inc. Model 205A,
5. In § 278.7, revise paragraph (b) to 205A–1, 205B, 212, 412, 412CF, and
JUDICIAL REVIEW—FOOD RETAILERS
read as follows: 412EP Helicopters
AND FOOD WHOLESALERS
§ 278.7 Determination and disposition of AGENCY: Federal Aviation
claims—retail food stores and wholesale 6. In § 279.1, revise paragraph (a)(6) to Administration, DOT.
food concerns. read as follows: ACTION: Notice of proposed rulemaking
* * * * * (NPRM).
(b) Forfeiture of a collateral bond or § 279.1 Jurisdiction and authority.
draw down on an irrevocable letter of * * * * * SUMMARY: This document proposes
credit. If FNS establishes a claim against (a) * * * superseding an existing airworthiness
an authorized firm which has directive (AD) for the specified Bell
(6) Forfeiture of part or all of a
previously been sanctioned, collection Helicopter Textron, Inc. (Bell)
of the claim may be through total or collateral bond or a draw down of part helicopters. That AD currently requires
partial forfeiture of the collateral bond or all of a letter of credit under § 278.1 inspecting each affected tail rotor blade
or draw down of the irrevocable letter of this chapter, if the request for review (blade) forward tip weight retention
of credit. If FNS determines that is made by the authorized firm. FNS block (tip block) and the aft tip closure
forfeiture or a draw down is required for shall not accept requests for review (tip closure) for adhesive bond voids,
collection of the claim, FNS shall take made by a bonding company or agent or and removing any blade with an
one or more of the following actions, as commercial bank. excessive void from service. That AD
appropriate. * * * * * also requires modifying certain blades
(1) Determine the amount of the bond by installing shear pins and tip closure
7. In § 279.4, revise the last sentence
to be forfeited or irrevocable letter of rivets. This action would contain the
in paragraph (a) to read as follows:
credit drawn down on the basis of the same requirements but would expand
loss to the Government through § 279.4 Action upon receipt of a request the applicability to include other part
violations of the Act, and this Part, as for review. and serial-numbered blades. This AD
detailed in a letter of charges to the firm; would also clarify the requirement to re-
(2) Send written notification by (a) * * * If the administrative action identify the modified blade by adding
method of proof of delivery to the firm in question involves the denial of a ‘‘FM’’ after the part number and would
and the bonding agent or commercial claim brought by a firm against FNS, or require dynamically balancing the tail
bank of FNS’ determination regarding the forfeiture of a collateral bond or the rotor. The existing AD was prompted by
forfeiture or draw down of all or a draw down on a irrevocable letter of five occurrences of missing tip blocks or
specified part of the collateral bond or credit, the designated reviewer shall tip closures resulting in minor to
irrevocable letter of credit and the direct the firm not be approved for substantial damage. This proposal was
reasons for the forfeiture or draw down participation, not be paid any part of the prompted by the determination that the
action; disputed claim, or not be reimbursed for AD should apply to other affected part
(3) Advise the firm and the bonding any bond forfeiture or irrevocable letter and serial-numbered blades. The actions
agent or commercial bank of the firm’s of credit withdrawal, as appropriate specified by this proposed AD are
right to administrative review of the until the designated reviewer has made intended to prevent loss of a tip block
claim determination; a determination. or tip closure, loss of a blade, and
(4) Advise the firm and the bonding subsequent loss of control of the
agent or commercial bank that if * * * * *
helicopter.
payment of the current claim is not Dated: March 1, 2007.
received directly from the firm, FNS DATES: Comments must be received on
Nancy Montanez Johner,
shall obtain full payment through or before May 14, 2007.
Under Secretary, Food, Nutrition, and
forfeiture of the bond or draw down of ADDRESSES: Use one of the following
Consumer Services.
the irrevocable letter of credit; addresses to submit comments on this
[FR Doc. E7–4520 Filed 3–12–07; 8:45 am]
(5) Proceed with collection on the proposed AD:
bond or irrevocable letter of credit on BILLING CODE 3410–30–P • DOT Docket Web site: Go to
the amount forfeited or drawn down if http://dms.dot.gov and follow the
a request for review is not filed by the instructions for sending your comments
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firm within the period established in electronically;


§ 279.5 of this chapter, or if such review • Government-wide rulemaking Web
is unsuccessful; and site: Go to http://www.regulations.gov
(6) Upon the expiration of time and follow the instructions for sending
permitted for the filing of a request for your comments electronically;
administrative and/or judicial review, • Mail: Docket Management Facility;
deposit the bond or irrevocable letter of U.S. Department of Transportation, 400

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11296 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules

Seventh Street, SW., Nassif Building, Department of Transportation NASSIF take about 3 work hours per helicopter
Room PL–401, Washington, DC 20590; Building in Room PL–401 at 400 to inspect certain blades, install the
• Fax: 202–493–2251; or Seventh Street, SW., Washington, DC. shear pins and tip closure rivets, re-
• Hand Delivery: Room PL–401 on Comments will be available in the AD identify the modified blades, and
the plaza level of the Nassif Building, docket shortly after the DMS receives dynamically balance the blade assembly
400 Seventh Street, SW., Washington, them. at an average labor rate of $80 per work
DC, between 9 a.m. and 5 p.m., Monday Discussion hour. Required supplies would cost
through Friday, except Federal holidays. about $35 per helicopter. Based on these
You may get the service information On April 22, 2002, we issued AD figures, we estimate the total cost
identified in this proposed AD from Bell 2002–09–04, Amendment 39–12737 (67 impact of the AD on U.S. operators to
Helicopter Textron, Inc., P.O. Box 482, FR 22349, May 3, 2002), to require be $77,275.
Fort Worth, Texas 76101, telephone inspecting the tip block and the tip
closure for adhesive bonding voids, and Regulatory Findings
(817) 280–3391, fax (817) 280–6466.
You may examine the comments to removing any blade with an excessive We have determined that this
this proposed AD in the AD docket on void from service. The AD also required proposed AD would not have federalism
the Internet at http://dms.dot.gov. modifying certain blades by installing implications under Executive Order
shear pins and tip closure rivets in the 13132. Additionally, this proposed AD
FOR FURTHER INFORMATION CONTACT:
tip area of the affected blades. That would not have a substantial direct
Michael Kohner, Aviation Safety action was prompted by five
Engineer, FAA, Rotorcraft Directorate, effect on the States, on the relationship
occurrences of missing tip blocks or tip between the national Government and
Rotorcraft Certification Office, Fort closures resulting in minor to
Worth, Texas 76193–0170, telephone the States, or on the distribution of
substantial damage. The requirements of power and responsibilities among the
(817) 222–5447, fax (817) 222–5783. that AD are intended to prevent loss of various levels of government.
SUPPLEMENTARY INFORMATION: a tip block or tip closure, loss of a blade, For the reasons discussed above, I
Comments Invited and subsequent loss of control of the certify that the proposed regulation:
helicopter. 1. Is not a ‘‘significant regulatory
We invite you to submit any written Since issuing that AD, Bell has issued action’’ under Executive Order 12866;
data, views, or arguments regarding this further revisions to Alert Service 2. Is not a ‘‘significant rule’’ under the
proposed AD. Send your comments to Bulletin (ASB) Nos. 205–00–80, 205B– DOT Regulatory Policies and Procedures
the address listed under the caption 00–34, 212–00–111, 412–00–106, and (44 FR 11034, February 26, 1979); and
ADDRESSES. Include the docket number 412CF–00–13, Revision A, dated 3. Will not have a significant
‘‘FAA–2007–27496, Directorate December 20, 2000. The revisions add economic impact, positive or negative,
Identifier 2005–SW–37–AD’’ at the blades with a serial number (S/N) A or on a substantial number of small entities
beginning of your comments. We AFS–11530 to 13594, 13603 to 13618, under the criteria of the Regulatory
specifically invite comments on the and changed the ‘‘effectivity’’ of the Flexibility Act.
overall regulatory, economic, blades. The latest revision, Revision D, We prepared a draft economic
environmental, and energy aspects of dated March 18, 2005, provides an evaluation of the estimated costs to
the proposed AD. We will consider all alternate fastener for the blade tip comply with this proposed AD. See the
comments received by the closing date closure rivets installation. The revised DMS to examine the draft economic
and may amend the proposed AD in ASB also states that blades with S/N A evaluation.
light of those comments. or AFS–11926, 13351, 13367, 13393,
We will post all comments we 13400, 13402, 13515, 13540, 13568, Authority for This Rulemaking
receive, without change, to http:// 13595 to 13602, and 13619 and Title 49 of the United States Code
dms.dot.gov, including any personal subsequent will have the intent of the specifies the FAA’s authority to issue
information you provide. We will also ASBs accomplished before delivery. rules on aviation safety. Subtitle I,
post a report summarizing each The previously described unsafe section 106, describes the authority of
substantive verbal contact with FAA condition is likely to exist or develop on the FAA Administrator. Subtitle VII,
personnel concerning this proposed other helicopters of these same type Aviation Programs, describes in more
rulemaking. Using the search function designs. Therefore, the proposed AD detail the scope of the Agency’s
of our docket Web site, you can find and would supersede AD 2002–09–04 to authority.
read the comments to any of our expand the applicability for the blade We are issuing this rulemaking under
dockets, including the name of the part and serial number. The proposed the authority described in subtitle VII,
individual who sent or signed the AD would also clarify the requirement part A, subpart III, section 44701,
comment. You may review the DOT’s to re-identify the modified blade by ‘‘General requirements.’’ Under that
complete Privacy Act Statement in the adding ‘‘FM’’ after the part number and section, Congress charges the FAA with
Federal Register published on April 11, would also require dynamically promoting safe flight of civil aircraft in
2000 (65 FR 19477–78) or you may visit balancing the tail rotor. Because blades air commerce by prescribing regulations
http://dms.dot.gov. with a S/N with a prefix of ‘‘A’’ or for practices, methods, and procedures
‘‘AFS’’ and a number 11926, 13351, the Administrator finds necessary for
Examining the Docket
13367, 13393, 13400, 13402, 13515, safety in air commerce. This regulation
You may examine the docket that 13540, 13568, 13595 to 13602, and is within the scope of that authority
contains the proposed AD, any 13619 and subsequent will have the because it addresses an unsafe condition
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comments, and other information in modification required by this AD that is likely to exist or develop on
person at the Docket Management accomplished before delivery, we would products identified in this rulemaking
System (DMS) Docket Office between 9 exclude them from the applicability of action.
a.m. and 5 p.m., Monday through this AD.
Friday, except Federal holidays. The We estimate that this proposed AD List of Subjects in 14 CFR Part 39
Docket Office (telephone 1–800–647– would affect 281 helicopters of U.S. Air transportation, Aircraft, Aviation
5227) is located at the plaza level of the registry. The proposed actions would safety, Safety.

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Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 11297

The Proposed Amendment Closure Rivet Installation paragraphs, of the ADDRESSES: Use one of the following
ASB appropriate for your model helicopter. addresses to submit comments on this
Accordingly, pursuant to the (d) To request a different method of
authority delegated to me by the proposed AD:
compliance or a different compliance time
Administrator, the Federal Aviation for this AD, follow the procedures in 14 CFR • DOT Docket Web site: Go to
Administration proposes to amend part 39.19. Contact the Manager, Rotorcraft http://dms.dot.gov and follow the
39 of the Federal Aviation Regulations Certification Office, Rotorcraft Directorate, instructions for sending your comments
(14 CFR part 39) as follows: FAA, ATTN: Michael Kohner, Aviation electronically;
Safety Engineer, Fort Worth, Texas 76193– • Government-wide rulemaking Web
PART 39—AIRWORTHINESS 0170, telephone (817) 222–5447, fax (817) site: Go to http://www.regulations.gov
DIRECTIVES 222–5783, for information about previously
approved alternative methods of compliance.
and follow the instructions for sending
1. The authority citation for part 39 your comments electronically;
Issued in Fort Worth, Texas, on February
continues to read as follows: 28, 2007.
• Mail: Docket Management Facility;
Authority: 49 U.S.C. 106(g), 40113, 44701. U.S. Department of Transportation, 400
S. Frances Cox,
Seventh Street, SW., Nassif Building,
§ 39.13 [Amended] Acting Manager, Rotorcraft Directorate, Room PL–401, Washington, DC 20590;
Aircraft Certification Service.
2. Section 39.13 is amended by
[FR Doc. E7–4525 Filed 3–12–07; 8:45 am]
• Fax: 202–493–2251; or
removing Amendment 39–12737 (67 FR • Hand Delivery: Room PL–401 on
BILLING CODE 4910–13–P
22349, May 3, 2002), and by adding a the plaza level of the Nassif Building,
new airworthiness directive (AD), to 400 Seventh Street, SW., Washington,
read as follows: DC, between 9 a.m. and 5 p.m., Monday
DEPARTMENT OF TRANSPORTATION
Bell Helicopter Textron, Inc.: Docket No. through Friday, except Federal holidays.
FAA–2007–27496; Directorate Identifier Federal Aviation Administration You may examine the comments to
2005–SW–37–AD. Supersedes AD 2002–
this proposed AD in the AD docket on
09–04, Amendment 39–12737, Docket 14 CFR Part 39
No. 2001–SW–37–AD. the Internet at http://dms.dot.gov.
[Docket No. FAA–2007–27495; Directorate FOR FURTHER INFORMATION CONTACT:
Applicability
Identifier 2005–SW–14–AD] Vince Massey, Aerospace Engineer,
Model 205A, 205A–1, 205B, 212, 412,
412CF, and 412EP helicopters with a tail RIN 2120–AA64 FAA, Seattle Aircraft Certification
rotor blade (blade), part number 212–010– Office, Systems and Equipment Branch,
750–009 through –129, all serial numbers Airworthiness Directives; Eurocopter 1601 Lind Avenue, SW., Renton,
except serial numbers with a prefix of ‘‘A’’ France Model AS350B, BA, B1, B2, B3, Washington 98055–4056, telephone
or ‘‘AFS’’ and the number 11926, 13351, C, D, and D1; EC–130B4; and AS355E, (425) 917–6475, fax (425) 917–6590.
13367, 13393, 13400, 13402, 13515, 13540, F, F1, F2, and N Helicopters
13568, 13595 through 13602, 13619, and SUPPLEMENTARY INFORMATION:
subsequent assigned numbers, installed, AGENCY: Federal Aviation Comments Invited
certificated in any category. Administration, DOT.
Compliance ACTION: Notice of proposed rulemaking We invite you to submit any written
(NPRM). data, views, or arguments regarding this
Within 100 hours time-in-service, unless proposed AD. Send your comments to
accomplished previously. SUMMARY: This document proposes
To prevent loss of the forward tip weight
the address listed under the caption
adopting a new airworthiness directive ADDRESSES. Include the docket number
retention block (tip block) or aft tip closure
(tip closure), loss of the blade, and (AD) for the specified Eurocopter France ‘‘FAA–2007–27495, Directorate
subsequent loss of control of the helicopter, (ECF) model helicopters. This proposal Identifier 2005–SW–14AD’’ at the
accomplish the following: would require, within the next 30 days, beginning of your comments. We
(a) Inspect the tip block and tip closure for modifying the collective hold-down specifically invite comments on the
voids. Remove from service any blade with strap (strap) and thereafter inspecting it overall regulatory, economic,
a void in excess of that allowed by the at specified intervals to ensure the environmental, and energy aspects of
Component Repair and Overhaul Manual rubber grommet is resting against the
limitations.
the proposed AD. We will consider all
console or replacing the strap with an comments received by the closing date
(b) Inspect the tip block attachment
countersink screws in four locations to ECF designed strap that has a torsional and may amend the proposed AD in
determine if the head of each countersunk spring at the lower end of the strap. This light of those comments.
screw is flush with the surface of the proposal is prompted by reports of two We will post all comments we
abrasion strip. The locations of these four accidents occurring while the pilots receive, without change, to http://
screws are depicted on Figure 1 of Bell were performing an autorotation. The dms.dot.gov, including any personal
Helicopter Textron, Inc. Alert Service pilots were unable to arrest the descent
Bulletins 205–00–80, 205B–00–34, 212–00–
information you provide. We will also
of the helicopter using collective blade post a report summarizing each
111, 412–00–106, and 412CF–00–13, all pitch due to the collective stick locking
Revision D, all dated March 18, 2005 (ASB). substantive verbal contact with FAA
If any of these screws are set below the
in the down position when the personnel concerning this proposed
surface of the abrasion strip or are covered collective was lowered during the rulemaking. Using the search function
with filler material, install shear pins by maneuver. The actions specified by this of our docket Web site, you can find and
following the Accomplishment Instructions, proposed AD are intended to prevent read the comments to any of our
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Part A, Shear Pin Installation paragraphs, of inadvertent locking of a collective stick dockets, including the name of the
the ASB appropriate for your model in flight and the flight crew not being individual who sent or signed the
helicopter. aware of the locked condition leading to
(c) Install the aft tip closure rivets, re-
comment. You may review the DOT’s
a subsequent loss of control of the complete Privacy Act Statement in the
identify the modified blade by adding an helicopter.
‘‘FM,’’ and dynamically balance the tail rotor Federal Register published on April 11,
hub assembly by following the DATES: Comments must be received on 2000 (65 FR 19477–78), or you may visit
Accomplishment Instructions, Part B, Aft Tip or before May 14, 2007. http://dms.dot.gov.

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