Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 19785 

(d) Contracts shall be made only with 

responsible contractors who possess the 

potential ability to perform successfully 

under the terms and conditions of the 

proposed procurement. Consideration 

shall be given to such matters as 

contractor integrity, record of past 

performance, financial and technical 

resources or accessibility to other 

necessary resources. In certain 

circumstances, contracts with certain 

parties are restricted by 2 CFR part 180, 

the implementation of Executive Orders 

12549 and 12689, ‘‘Debarment and 

Suspension.’’

* * * * * 

■ 7. Amend § 1260.162 by revising 

paragraph (d) to read as follows: 

§ 1260.162 Enforcement. 

* * * * * 

(d) Relationship to debarment and 

suspension. The enforcement remedies 

identified in this section, including 

suspension and termination, do not 

preclude a recipient from being subject 

to debarment and suspension under 

Executive Orders 12549 and 12689 and 

2 CFR part 180 (see § 1260.113). 

PART 1265—GOVERNMENTWIDE 

DEBARMENT AND SUSPENSION 

(NONPROCUREMENT) 

■ 8. The authority citation for 14 CFR 

part 1265 continues to read as follows: 

Authority: Sec. 2455, Pub. L. 103–355, 108 

Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., 

p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 

235; 42 U.S.C. 2473(c)(1). 

PART 1265—[REMOVED] 

■ 9. Remove Part 1265. 

PART 1274—COOPERATIVE 

AGREEMENTS WITH COMMERCIAL 

FIRMS 

■ 10. The authority citation for 14 CFR 

part 1274 continues to read as follows: 

Authority: 31 U.S.C. 6301 to 6308; 42 

U.S.C. 2451, et seq. 

■ 11. Amend § 1274.211 by revising 

paragraph (d)(2) to read as follows: 

§ 1274.211 Award procedures. 

* * * * * 

(d) * * * 

(2) Each new proposal shall include a 

certification for debarment and 

suspension under the requirements of 2 

CFR 180.510 and 1260.117. 

* * * * * 

■ 12. Amend § 1274.505 by revising 

paragraph (d) to read as follows: 

§ 1274.505 Procurement procedures. 

* * * * * 

(d) Contracts shall be made only with 

responsible contractors who possess the 

potential ability to perform successfully 

under the terms and conditions of the 

proposed procurement. Consideration 

shall be given to such matters as 

contractor integrity, record of past 

performance, financial and technical 

resources or accessibility to other 

necessary resources. In certain 

circumstances, contracts with certain 

parties are restricted by 2 CFR part 180, 

the implementation of Executive Orders 

12549 and 12689, ‘‘Debarment and 

Suspension.’’

* * * * * 

■ 13. Revise § 1274.927 to read as 

follows: 

§ 1274.927 Debarment and Suspension 

and Drug-Free Workplace. 

Debarment and Suspension and DrugFree Workplace (APR 2007) 

NASA cooperative agreements are 

subject to the provisions of 2 CFR part 

180, Government-wide Debarment and 

Suspension (Nonprocurement) and 14 

CFR part 1267, Government-wide 

requirements for Drug-Free Workplace, 

unless excepted by 2 CFR 180.110 or 

180.610. 

[End of Provision] 

[FR Doc. 07–1949 Filed 4–19–07; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26075; Directorate 

Identifier 2006–CE–55–AD; Amendment 39–

15025; AD 2007–08–08] 

RIN 2120–AA64 

Airworthiness Directives; Raytheon 

Aircraft Company (The Beech Aircraft 

Company and BEECH previously held 

Type Certificate Nos. 3A15, 3A16, 5A3, 

and A–777) Models 35–33, 35–A33, 35–

B33, 35–C33, E33, F33, G33, 35–C33A, 

E33A, F33A, E33C, F33C, 35, A35, B35, 

C35, D35, E35, F35, G35, H35, J35, K35, 

M35, N35, P35, S35, V35, V35A, V35B, 

36, A36, A45 (T–34A, B45), D45 (T–

34B), 95–55, 95–A55, 95–B55, 95–B55A, 

95–B55B (T–42A), 95–C55, 95–C55A, 

D55, D55A, E55, E55A, 56TC, A56TC, 

58, 95, B95, B95A, D95A, and E95 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) that 

supersedes AD 72–22–01, which applies 

to certain Raytheon Aircraft Company 

(RAC) (The Beech Aircraft Company 

and BEECH previously held Type 

Certificate Nos. 3A15, 3A16, 5A3, and 

A–777) Models 33, 35, 36, 45, and 95 

series airplanes. AD 72–22–01 currently 

requires you to determine if each uplock 

roller is of the greasible type (one 

having a drilled and grooved inner 

race), replace any nongreasible uplock 

roller (one having a solid inner race) 

with the greasible type before further 

flight, install hollow zerk-ended 

mounting bolts on the uplock rollers, 

and repetitively lubricate the uplock 

mechanism. Since we issued AD 72–22–

01, there was a recent incident 

involving a RAC Model 95–B55B (T–

42A) airplane where a seizure of the 

uplock rollers occurred. This 

malfunction of the uplock rollers is 

addressed in AD 72–22–01. Thus, the 

FAA has determined that the actions of 

AD 72–22–01 should also apply to 

certain serial numbers of the Model 95–

B55B (T–42A) airplanes. Consequently, 

this AD retains all the actions of AD 72–

22–01, adds those Model 95–B55B (T–

42A) airplanes to the applicability of 

this AD, and lists the specific serial 

numbers. We are issuing this AD to 

decrease the possibility of gear-up 

landings caused by seizure of the uplock 

rollers. 

DATES: This AD becomes effective on 

May 25, 2007. 

On May 25, 2007 the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Raytheon Aircraft Company, 

P.O. Box 85, Wichita, Kansas 67201–

0085; telephone: (800) 429–5372 or 

(316) 676–3140. To view the AD docket, 

go to the Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001 or on the Internet at http:// 

dms.dot.gov. The docket number is 

FAA–2006–26075; Directorate Identifier 

2006–CE–55–AD. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Flores, Aerospace Engineer, 

FAA, Wichita Aircraft Certification 

Office, 1801 Airport Road, Wichita, 

Kansas 67209; telephone: (316) 946–

4174; facsimile: (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On December 4, 2006, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to 


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19786 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

certain RAC Models 33, 35, 36, 45, and 

95 series airplanes. This proposal was 

published in the Federal Register as a 

notice of proposed rulemaking (NPRM) 

on December 11, 2006 (71 FR 71494). 

The NPRM proposed to retain all the 

actions of AD 72–22–01, add those 

Model 95–B55B (T–42A) airplanes to 

the applicability of the proposed AD, 

and list the specific serial numbers. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. The following presents the 

comments received on the proposal and 

FAA’s response to each comment: 

Comment Issue No. 1: Change 

Compliance Time for AD 72–22–01 

Kenneth R. Pearce, Pearce Aircraft 

Services, Inc, writes that AD 72–22–01, 

which requires compliance within 300 

hours time-in-service (TIS), should be 

changed to 100 hours TIS or the next 

annual inspection, whichever comes 

last. The 300-hour limit casts doubt on 

the urgent need for a flight safety action. 

The FAA has reviewed and 

considered the commenter’s comments 

and does not agree. The purpose of the 

proposed AD is not to change the 

requirements of AD 72–22–01, but to 

add another model to the applicability 

list. Service history has shown that the 

300-hour inspection is adequate to 

remove the unsafe condition. Therefore, 

the FAA will maintain the current 

requirements from the NPRM. 

We are not changing the final rule AD 

action based on this comment. 

Comment Issue No. 2: No Need for the 

Required Recurring 100-Hour TIS 

Lubrication 

Kenneth R. Pearce also writes that 

there is no need for the AD to require 

the recurring 100-hour TIS lubrication. 

He explains that maintenance of the 

uplock roller is thoroughly documented 

in the airplane maintenance manuals 

(AMMs), the 100-hour TIS/annual 

inspection checklist does list lubrication 

as required following the AMMs, and 

the Pilots Operating Handbook/FAAapproved Airplane Flight Manual 

directs checking the uplock roller for 

free rotation before flight. 

In addition, Pearce also notes that the 

landing gear system is a complex 

assembly that is totally dependent on 

exacting adjustment of several switches, 

adjustment of actuator rods, strength of 

springs, and timely lubrication of all 

grease fittings with appropriate 

lubricants. If the maintenance is proper, 

the rollers will not restrict the landing 

gear movement because they touch the 

uplock block only in severe turbulence. 

The FAA has reviewed and 

considered the commenter’s comments 

and does not agree. The purpose of the 

proposed AD is not to change the 

requirements of AD 72–22–01, but to 

add another model to the applicability 

list. The commenter concurs with the 

proposed AD to include the model 95–

B55B (T–42A) airplane. At the time of 

AD 72–22–01, it was necessary to 

address these repetitive lubrications 

through AD action. If a maintenance 

manual is revised to add procedures, 

that does not eliminate the need for the 

AD since the only way to ensure that all 

revised maintenance procedures are 

incorporated is through an AD. We have 

determined that the 100-hour TIS 

repetitive lubrication requirement is 

still necessary to address the unsafe 

condition. 

We are not changing the final rule AD 

action based on this comment. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 9,714 

airplanes in the U.S. registry, including 

those airplanes affected by AD 72–22–

01. 

We estimate the following costs to do 

the actions to determine if each uplock 

roller is of the greasible type (one 

having a drilled and grooved inner 

race), replace any nongreasible uplock 

roller (one having a solid inner race) 

with the greasible type before further 

flight, install hollow zerk-ended 

mounting bolts on the uplock rollers, 

and initially lubricate the uplock 

mechanism: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

2 work-hours × $80 per hour = $160 .......................................................................................... $30 $190 $1,845,660 

We estimate the following costs for 

each lubrication of the uplock 

mechanism: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 work-hour × $80 per hour = $80 .............................................................................................. None $80 $777,120 

The estimated total cost on U.S. 

operators includes the cumulative costs 

associated with those airplanes affected 

by AD 72–22–01 and those airplanes 

being added in this AD. 

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 AD. 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 19787 

Regulatory Findings 

We have determined that 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. 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 summary of the costs 

to comply with this AD (and other 

information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2006–26075; 

Directorate Identifier 2006–CE–55–AD’’

in your request. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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. FAA amends § 39.13 by removing 

AD 72–22–01, Amendment 39–1544, 

and adding a new AD to read as follows: 

2007–08–08 Raytheon Aircraft Company 

(The Beech Aircraft Company and 

BEECH previously held Type Certificate 

Nos. 3A15, 3A16, 5A3, and A–777): 

Amendment 39–15025; Docket No. 

FAA–2006–26075; Directorate Identifier 

2006–CE–55–AD. 

Effective Date 

(a) This AD becomes effective on May 25, 

2007. 

Affected ADs 

(b) This AD supersedes AD 72–22–01, 

Amendment 39–1544. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers (SNs) 

that are certificated in any category: 

(1) Group 1 (maintains the actions from AD 

72–22–01): 

Model SNs 

(i) 35–33, 35–A33, 35–B33, 35–C33, E33, F33, and G33 ................................................................................................. CD–1 through CD–1256. 

(ii) 35–C33A, E33A, and F33A ........................................................................................................................................... CE–1 through CE–349. 

(iii) E33C and F33C ............................................................................................................................................................ CJ–1 through CJ–30. 

(iv) 35, A35, B35, C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, P35, S35, V35, V35A, and V35B ................... D–1 through D–9287. 

(v) 36 and A36 .................................................................................................................................................................... E1 through E–283. 

(vi) A45 (T–34A, B45) and D45 (T–34B) ............................................................................................................................ All. 

(vii) 95–55, 95–A55, 95–B55, and 95–B55A ...................................................................................................................... TC–1 through TC–1402. 

(viii) 95–C55, 95–C55A, D55, D55A, E55, and E55A ........................................................................................................ TE–1 through TE–846. 

(ix) 56TC and A56TC .......................................................................................................................................................... TG–1 through TG–94. 

(x) 58 ................................................................................................................................................................................... TH–1 through TH–174. 

(xi) 95, B95, B95A, D95A, and E95 .................................................................................................................................... TD–2 through TD–721. 

(2) Group 2: Model 95–B55B (T–42A) 

airplanes, SNs TF–1 through TF–70. 

Unsafe Condition 

(d) This AD results from a recent incident 

involving a Raytheon Aircraft Company 

(RAC) Model 95–B55B (T–42A) airplane 

where a seizure of the uplock rollers 

occurred. We are issuing this AD to decrease 

the possibility of gear-up landings caused by 

seizure of the uplock rollers. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Determine if each uplock roller is of the 

greasible type (one having a drilled and 

grooved inner race).

(i) For Group 1 airplanes: Within 300 hours 

time-in-service (TIS) after October 25, 1972 

(the effective date of AD 72–22–01).

Follow Beechcraft Service Instructions No. 

0448–211, Rev. I (undated), or Beechcraft 

Service Instructions No. 0448–211 (undated). 

(ii) For Group 2 airplanes: Within 300 hours 

TIS after May 25, 2007 (the effective date 

of this AD). 

(2) Replace any nongreasible uplock roller (one 

having a solid inner race) with the greasible 

type.

(i) For Group 1 airplanes: Before further flight 

after the determination required by paragraph (e)(1)(i) of this AD.

(ii) For Group 2 airplanes: Before further flight 

after the determination required by paragraph (e)(1)(ii) of this AD. 

Follow Beechcraft Service Instructions No. 

0448–211, Rev. I (undated), or Beechcraft 

Service Instructions No. 0448–211 (undated). 

(3) Install hollow zerk-ended mounting bolts on 

the uplock rollers.

(i) For Group 1 airplanes: Within 300 hours 

TIS after October 25, 1972 (the effective 

date of AD 72–22–01).

(ii) For Group 2 airplanes: Within 300 hours 

TIS after May 25, 2007 (the effective date 

of this AD). 

Follow Beechcraft Service Instructions No. 

0448–211, Rev. I (undated), or Beechcraft 

Service Instructions No. 0448–211 (undated). 


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19788 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

Actions Compliance Procedures 

(4) Lubricate the uplock mechanism .................. (i) For Group 1 airplanes: Initially within 300 

hours TIS after October 25, 1972 (the effective date of AD 72–22–01). Repetitively lubricate thereafter at intervals not to exceed 

100 hours TIS.

Follow Beechcraft Service Instructions No. 

0448–211, Rev. I (undated), or Beechcraft 

Service Instructions No. 0448–211 (undated). 

(ii) For Group 2 airplanes: Initially within 300 

hours TIS after May 25, 2007 the effective 

date of this AD. Repetitively lubricate thereafter at intervals not to exceed 100 hours 

TIS. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Wichita Aircraft 

Certification Office, FAA, ATTN: Anthony 

Flores, Aerospace Engineer, 1801 Airport 

Road, Wichita, Kansas 67209; telephone: 

(316) 946–4174; facsimile: (316) 946–4107, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. 

(g) AMOCs approved for AD 72–22–01 are 

approved for this AD. 

Material Incorporated by Reference 

(h) You must use Beechcraft Service 

Instructions No. 0448–211, Rev. I (undated), 

or Beechcraft Service Instructions No. 0448–

211 (undated), to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Beechcraft Service Instructions No. 0448–211 

(undated), and Beechcraft Service 

Instructions No. 0448–211, Rev. I (undated), 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Raytheon Aircraft Company, 

P.O. Box 85, Wichita, Kansas 67201–0085; 

telephone: (800) 429–5372 or (316) 676–3140. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on April 

6, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–7048 Filed 4–19–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27343; Directorate 

Identifier 2007–SW–05–AD; Amendment 39–

15030; AD 2007–05–51] 

RIN 2120–AA64 

Airworthiness Directives; MD 

Helicopters Inc. (MDHI) Model MD600N 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2007–05–51, which was sent previously 

to all known U.S. owners and operators 

of MDHI Model MD600N helicopters by 

individual letters. This AD requires, 

before further flight, a visual and eddy 

current inspection of each lateral mixer 

output link assembly (mixer link) and 

replacing any cracked mixer link. This 

AD also requires performing an eddy 

current inspection on each mixer link 

before installing it on any helicopter. 

This amendment is prompted by the 

discovery of 3 cracked mixer links. The 

actions specified by this AD are 

intended to detect a crack in the mixer 

link, which could result in failure of the 

mixer link and subsequent loss of 

control of the helicopter. 

DATES: Effective May 7, 2007, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2007–05–51, issued on 

February 17, 2007, which contained the 

requirements of this amendment. 

Comments for inclusion in the Rules 

Docket must be received on or before 

June 19, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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 get the service information 

identified in this AD from MD 

Helicopters Inc., Attn: Customer 

Support Division, 4555 E. McDowell 

Rd., Mail Stop M615, Mesa, Arizona 

85215–9734, telephone 1–800–388–

3378, fax 480–346–6813, or on the Web 

at http://www.mdhelicopters.com. 

Examining the Docket 

You may examine the docket that 

contains the AD, any comments, and 

other information on the Internet at 

http://dms.dot.gov, or in person at the 

Docket Management System (DMS) 

Docket Offices between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone (800) 647–5227) is located on 

the plaza level of the Department of 

Transportation Nassif Building at the 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

FOR FURTHER INFORMATION CONTACT: Jon 

Mowery, Aviation Safety Engineer, 

FAA, Los Angeles Aircraft Certification 

Office, Airframe Branch, 3960 

Paramount Blvd., Lakewood, California 

90712, telephone (562) 627–5322, fax 

(562) 627–5210. 

SUPPLEMENTARY INFORMATION: On 

February 17, 2007 we issued Emergency 

AD 2007–05–51 for MDHI Model 

MD600N helicopters, which requires, 

before further flight, a visual and eddy 

current inspection of each mixer link 

and replacing any cracked mixer link. 


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