Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 11295 

violations such as the sale of common 

nonfood items in amounts normally 

found in a shopping basket, and FNS 

had not previously advised the firm of 

the possibility that violations were 

occurring and of the possible 

consequences of violating the 

regulations; or 

(ii) The firm has accepted food stamp 

benefits in payment for items sold to a 

household on credit. 

* * * * * 

5. In § 278.7, revise paragraph (b) to 

read as follows: 

§ 278.7 Determination and disposition of 

claims—retail food stores and wholesale 

food concerns. 

* * * * * 

(b) Forfeiture of a collateral bond or 

draw down on an irrevocable letter of 

credit. If FNS establishes a claim against 

an authorized firm which has 

previously been sanctioned, collection 

of the claim may be through total or 

partial forfeiture of the collateral bond 

or draw down of the irrevocable letter 

of credit. If FNS determines that 

forfeiture or a draw down is required for 

collection of the claim, FNS shall take 

one or more of the following actions, as 

appropriate. 

(1) Determine the amount of the bond 

to be forfeited or irrevocable letter of 

credit drawn down on the basis of the 

loss to the Government through 

violations of the Act, and this Part, as 

detailed in a letter of charges to the firm; 

(2) Send written notification by 

method of proof of delivery to the firm 

and the bonding agent or commercial 

bank of FNS’ determination regarding 

forfeiture or draw down of all or a 

specified part of the collateral bond or 

irrevocable letter of credit and the 

reasons for the forfeiture or draw down 

action; 

(3) Advise the firm and the bonding 

agent or commercial bank of the firm’s 

right to administrative review of the 

claim determination; 

(4) Advise the firm and the bonding 

agent or commercial bank that if 

payment of the current claim is not 

received directly from the firm, FNS 

shall obtain full payment through 

forfeiture of the bond or draw down of 

the irrevocable letter of credit; 

(5) Proceed with collection on the 

bond or irrevocable letter of credit on 

the amount forfeited or drawn down if 

a request for review is not filed by the 

firm within the period established in 

§ 279.5 of this chapter, or if such review 

is unsuccessful; and 

(6) Upon the expiration of time 

permitted for the filing of a request for 

administrative and/or judicial review, 

deposit the bond or irrevocable letter of 

credit in a Federal Reserve Bank 

account or in the Treasury Account, 

General. If FNS requires only a portion 

of the face value of the bond or 

irrevocable letter of credit to satisfy a 

claim, the entire bond or irrevocable 

letter of credit will be negotiated, and 

the remaining amount returned to the 

firm. 

* * * * * 

PART 279—ADMINISTRATIVE AND 

JUDICIAL REVIEW—FOOD RETAILERS 

AND FOOD WHOLESALERS 

6. In § 279.1, revise paragraph (a)(6) to 

read as follows: 

§ 279.1 Jurisdiction and authority. 

* * * * * 

(a) * * * 

(6) Forfeiture of part or all of a 

collateral bond or a draw down of part 

or all of a letter of credit under § 278.1 

of this chapter, if the request for review 

is made by the authorized firm. FNS 

shall not accept requests for review 

made by a bonding company or agent or 

commercial bank. 

* * * * * 

7. In § 279.4, revise the last sentence 

in paragraph (a) to read as follows: 

§ 279.4 Action upon receipt of a request 

for review. 

(a) * * * If the administrative action 

in question involves the denial of a 

claim brought by a firm against FNS, or 

the forfeiture of a collateral bond or the 

draw down on a irrevocable letter of 

credit, the designated reviewer shall 

direct the firm not be approved for 

participation, not be paid any part of the 

disputed claim, or not be reimbursed for 

any bond forfeiture or irrevocable letter 

of credit withdrawal, as appropriate 

until the designated reviewer has made 

a determination. 

* * * * * 

Dated: March 1, 2007. 

Nancy Montanez Johner, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. E7–4520 Filed 3–12–07; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27496; Directorate 

Identifier 2005–SW–37–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron, Inc. Model 205A, 

205A–1, 205B, 212, 412, 412CF, and 

412EP Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes 

superseding an existing airworthiness 

directive (AD) for the specified Bell 

Helicopter Textron, Inc. (Bell) 

helicopters. That AD currently requires 

inspecting each affected tail rotor blade 

(blade) forward tip weight retention 

block (tip block) and the aft tip closure 

(tip closure) for adhesive bond voids, 

and removing any blade with an 

excessive void from service. That AD 

also requires modifying certain blades 

by installing shear pins and tip closure 

rivets. This action would contain the 

same requirements but would expand 

the applicability to include other part 

and serial-numbered blades. This AD 

would also clarify the requirement to reidentify the modified blade by adding 

‘‘FM’’ after the part number and would 

require dynamically balancing the tail 

rotor. The existing AD was prompted by 

five occurrences of missing tip blocks or 

tip closures resulting in minor to 

substantial damage. This proposal was 

prompted by the determination that the 

AD should apply to other affected part 

and serial-numbered blades. The actions 

specified by this proposed AD are 

intended to prevent loss of a tip block 

or tip closure, loss of a blade, and 

subsequent loss of control of the 

helicopter. 

DATES: Comments must be received on 

or before May 14, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically; 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically; 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 


cprice-sewell on PROD1PC66 with PROPOSALS
11296 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590; 

• Fax: 202–493–2251; or 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may get the service information 

identified in this proposed AD from Bell 

Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, Texas 76101, telephone 

(817) 280–3391, fax (817) 280–6466. 

You may examine the comments to 

this proposed AD in the AD docket on 

the Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kohner, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Rotorcraft Certification Office, Fort 

Worth, Texas 76193–0170, telephone 

(817) 222–5447, fax (817) 222–5783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

data, views, or arguments regarding this 

proposed AD. Send your comments to 

the address listed under the caption 

ADDRESSES. Include the docket number 

‘‘FAA–2007–27496, Directorate 

Identifier 2005–SW–37–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed 

rulemaking. Using the search function 

of our docket Web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may examine the docket that 

contains the proposed AD, any 

comments, and other information in 

person at the Docket Management 

System (DMS) Docket Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647–

5227) is located at the plaza level of the 

Department of Transportation NASSIF 

Building in Room PL–401 at 400 

Seventh Street, SW., Washington, DC. 

Comments will be available in the AD 

docket shortly after the DMS receives 

them. 

Discussion 

On April 22, 2002, we issued AD 

2002–09–04, Amendment 39–12737 (67 

FR 22349, May 3, 2002), to require 

inspecting the tip block and the tip 

closure for adhesive bonding voids, and 

removing any blade with an excessive 

void from service. The AD also required 

modifying certain blades by installing 

shear pins and tip closure rivets in the 

tip area of the affected blades. That 

action was prompted by five 

occurrences of missing tip blocks or tip 

closures resulting in minor to 

substantial damage. The requirements of 

that AD are intended to prevent loss of 

a tip block or tip closure, loss of a blade, 

and subsequent loss of control of the 

helicopter. 

Since issuing that AD, Bell has issued 

further revisions to Alert Service 

Bulletin (ASB) Nos. 205–00–80, 205B–

00–34, 212–00–111, 412–00–106, and 

412CF–00–13, Revision A, dated 

December 20, 2000. The revisions add 

blades with a serial number (S/N) A or 

AFS–11530 to 13594, 13603 to 13618, 

and changed the ‘‘effectivity’’ of the 

blades. The latest revision, Revision D, 

dated March 18, 2005, provides an 

alternate fastener for the blade tip 

closure rivets installation. The revised 

ASB also states that blades with S/N A 

or AFS–11926, 13351, 13367, 13393, 

13400, 13402, 13515, 13540, 13568, 

13595 to 13602, and 13619 and 

subsequent will have the intent of the 

ASBs accomplished before delivery. 

The previously described unsafe 

condition is likely to exist or develop on 

other helicopters of these same type 

designs. Therefore, the proposed AD 

would supersede AD 2002–09–04 to 

expand the applicability for the blade 

part and serial number. The proposed 

AD would also clarify the requirement 

to re-identify the modified blade by 

adding ‘‘FM’’ after the part number and 

would also require dynamically 

balancing the tail rotor. Because blades 

with a S/N with a prefix of ‘‘A’’ or 

‘‘AFS’’ and a number 11926, 13351, 

13367, 13393, 13400, 13402, 13515, 

13540, 13568, 13595 to 13602, and 

13619 and subsequent will have the 

modification required by this AD 

accomplished before delivery, we would 

exclude them from the applicability of 

this AD. 

We estimate that this proposed AD 

would affect 281 helicopters of U.S. 

registry. The proposed actions would 

take about 3 work hours per helicopter 

to inspect certain blades, install the 

shear pins and tip closure rivets, reidentify the modified blades, and 

dynamically balance the blade assembly 

at an average labor rate of $80 per work 

hour. Required supplies would cost 

about $35 per helicopter. Based on these 

figures, we estimate the total cost 

impact of the AD on U.S. operators to 

be $77,275. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. Additionally, this proposed AD 

would 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 the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 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. 

We prepared a draft economic 

evaluation of the estimated costs to 

comply with this proposed AD. See the 

DMS to examine the draft economic 

evaluation. 

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. 

We are 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules 11297 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. Section 39.13 is amended by 

removing Amendment 39–12737 (67 FR 

22349, May 3, 2002), and by adding a 

new airworthiness directive (AD), to 

read as follows: 

Bell Helicopter Textron, Inc.: Docket No. 

FAA–2007–27496; Directorate Identifier 

2005–SW–37–AD. Supersedes AD 2002–

09–04, Amendment 39–12737, Docket 

No. 2001–SW–37–AD. 

Applicability 

Model 205A, 205A–1, 205B, 212, 412, 

412CF, and 412EP helicopters with a tail 

rotor blade (blade), part number 212–010–

750–009 through –129, all serial numbers 

except serial numbers with a prefix of ‘‘A’’

or ‘‘AFS’’ and the number 11926, 13351, 

13367, 13393, 13400, 13402, 13515, 13540, 

13568, 13595 through 13602, 13619, and 

subsequent assigned numbers, installed, 

certificated in any category. 

Compliance 

Within 100 hours time-in-service, unless 

accomplished previously. 

To prevent loss of the forward tip weight 

retention block (tip block) or aft tip closure 

(tip closure), loss of the blade, and 

subsequent loss of control of the helicopter, 

accomplish the following: 

(a) Inspect the tip block and tip closure for 

voids. Remove from service any blade with 

a void in excess of that allowed by the 

Component Repair and Overhaul Manual 

limitations. 

(b) Inspect the tip block attachment 

countersink screws in four locations to 

determine if the head of each countersunk 

screw is flush with the surface of the 

abrasion strip. The locations of these four 

screws are depicted on Figure 1 of Bell 

Helicopter Textron, Inc. Alert Service 

Bulletins 205–00–80, 205B–00–34, 212–00–

111, 412–00–106, and 412CF–00–13, all 

Revision D, all dated March 18, 2005 (ASB). 

If any of these screws are set below the 

surface of the abrasion strip or are covered 

with filler material, install shear pins by 

following the Accomplishment Instructions, 

Part A, Shear Pin Installation paragraphs, of 

the ASB appropriate for your model 

helicopter. 

(c) Install the aft tip closure rivets, reidentify the modified blade by adding an 

‘‘FM,’’ and dynamically balance the tail rotor 

hub assembly by following the 

Accomplishment Instructions, Part B, Aft Tip 

Closure Rivet Installation paragraphs, of the 

ASB appropriate for your model helicopter. 

(d) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Rotorcraft 

Certification Office, Rotorcraft Directorate, 

FAA, ATTN: Michael Kohner, Aviation 

Safety Engineer, Fort Worth, Texas 76193–

0170, telephone (817) 222–5447, fax (817) 

222–5783, for information about previously 

approved alternative methods of compliance. 

Issued in Fort Worth, Texas, on February 

28, 2007. 

S. Frances Cox, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4525 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27495; Directorate 

Identifier 2005–SW–14–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS350B, BA, B1, B2, B3, 

C, D, and D1; EC–130B4; and AS355E, 

F, F1, F2, and N Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes 

adopting a new airworthiness directive 

(AD) for the specified Eurocopter France 

(ECF) model helicopters. This proposal 

would require, within the next 30 days, 

modifying the collective hold-down 

strap (strap) and thereafter inspecting it 

at specified intervals to ensure the 

rubber grommet is resting against the 

console or replacing the strap with an 

ECF designed strap that has a torsional 

spring at the lower end of the strap. This 

proposal is prompted by reports of two 

accidents occurring while the pilots 

were performing an autorotation. The 

pilots were unable to arrest the descent 

of the helicopter using collective blade 

pitch due to the collective stick locking 

in the down position when the 

collective was lowered during the 

maneuver. The actions specified by this 

proposed AD are intended to prevent 

inadvertent locking of a collective stick 

in flight and the flight crew not being 

aware of the locked condition leading to 

a subsequent loss of control of the 

helicopter. 

DATES: Comments must be received on 

or before May 14, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically; 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically; 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590; 

• Fax: 202–493–2251; or 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may examine the comments to 

this proposed AD in the AD docket on 

the Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Vince Massey, Aerospace Engineer, 

FAA, Seattle Aircraft Certification 

Office, Systems and Equipment Branch, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056, telephone 

(425) 917–6475, fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

data, views, or arguments regarding this 

proposed AD. Send your comments to 

the address listed under the caption 

ADDRESSES. Include the docket number 

‘‘FAA–2007–27495, Directorate 

Identifier 2005–SW–14AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed 

rulemaking. Using the search function 

of our docket Web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov. 


cprice-sewell on PROD1PC66 with PROPOSALS