Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 38821 

(2) Submission of a bid, proposal, 

application or offer for a Federal grant, 

contract, subcontract, cooperative 

agreement or cooperative research and 

development agreement which in any 

way encourages a Federal agency to 

classify the bid or proposal, if awarded, 

as an award to a EDWOSB or WOSB. 

(3) Registration on any Federal 

electronic database for the purpose of 

being considered for award of a Federal 

grant, contract, subcontract, cooperative 

agreement, or cooperative research and 

development agreement, as an EDWOSB 

or WOSB. 

(c) Signature Requirement. Each offer, 

proposal, bid, or application for a 

Federal contract, subcontract, or grant 

shall contain a certification concerning 

the EDWOSB or WOSB status of a 

business concern seeking the Federal 

contract, subcontract or grant. An 

authorized official must sign the 

certification on the same page 

containing the EDWOSB or WOSB 

status claimed by the concern. 

(d) Limitation of Liability. Paragraphs 

(a)–(c) of this section may be 

determined not to apply in the case of 

unintentional errors, technical 

malfunctions, and other similar 

situations that demonstrate that a 

misrepresentation of EDWOSB or WOSB 

status was not affirmative, intentional, 

willful or actionable under the False 

Claims Act, 31 U.S.C. §§ 3729, et seq. A 

prime contractor acting in good faith 

should not be held liable for 

misrepresentations made by its 

subcontractors regarding the 

subcontractors’ EDWOSB or WOSB 

status. Relevant factors to consider in 

making this determination may include 

the firm’s internal management 

procedures governing EDWOSB or 

WOSB status representations or 

certifications, the clarity or ambiguity of 

the representation or certification 

requirement, and the efforts made to 

correct an incorrect or invalid 

representation or certification in a 

timely manner. An individual or firm 

may not be held liable where 

government personnel have erroneously 

identified a concern as an EDWOSB or 

WOSB without any representation or 

certification having been made by the 

concern and where such identification 

is made without the knowledge of the 

individual or firm. 

(e) Penalties for Misrepresentation. 

(1) Suspension or debarment. The 

SBA suspension and debarment official 

or the agency suspension and 

debarment official may suspend or 

debar a person or concern for 

misrepresenting a firm’s status as an 

EDWOSB or WOSB pursuant to the 

procedures set forth in 48 CFR subpart 

9.4. 

(2) Civil Penalties. Persons or 

concerns are subject to severe penalties 

under the False Claims Act, 31 U.S.C. 

3729–3733, and under the Program 

Fraud Civil Remedies Act, 331 U.S.C. 

3801–3812, and any other applicable 

laws. 

(3) Criminal Penalties. Persons or 

concerns are subject to severe criminal 

penalties for knowingly misrepresenting 

the EDWOSB or WOSB status of a 

concern in connection with 

procurement programs pursuant to 

section 16(d) of the Small Business Act, 

15 U.S.C. 645(d), as amended, 18 U.S.C. 

1001, 18 U.S.C. 287, and any other 

applicable laws. Persons or concerns are 

subject to criminal penalties for 

knowingly making false statements or 

misrepresentations to SBA for the 

purpose of influencing any actions of 

SBA pursuant to section 16(a) of the 

Small Business Act, 15 U.S.C. 645(a), as 

amended, including failure to correct 

‘‘continuing representations’’ that are no 

longer true. 

■ 18. Add new § 127.701 to read as 

follows: 

§ 127.701 What must a concern do in order 

to be identified as an EDWOSB or WOSB in 

any Federal procurement databases? 

(a) In order to be identified as an 

EDWOSB or WOSB in the System for 

Award Management (SAM) database (or 

any successor thereto), a concern must 

certify its EDWOSB or WOSB status in 

connection with specific eligibility 

requirements at least annually. 

(b) If a firm identified as an EDWOSB 

or WOSB in SAM fails to certify its 

status within one year of a status 

certification, the firm will not be listed 

as an EDWOSB or WOSB in SAM, 

unless and until the firm recertifies its 

EDWOSB or WOSB status. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2013–15418 Filed 6–27–13; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1214; Directorate 

Identifier 2011–SW–071–AD; Amendment 

39–17482; AD 2013–12–04] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France Model EC 155B, 

EC155B1, SA–366G1, SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters, which requires modifying 

the fuel tank draining system. This AD 

is prompted by a closed fuel tank drain 

that, in the event of a fuel leak, could 

result in fuel accumulating in an area 

containing electrical equipment. The 

actions are intended to prevent 

accumulation of fuel in an area with 

electrical equipment or another ignition 

source, which may lead to a fire. 

DATES: This AD is effective August 2, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of August 2, 2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 


tkelley on DSK3SPTVN1PROD with RULES
38822 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Chinh Vuong, Aviation Safety Engineer, 

Safety Management Group, Rotorcraft 

Directorate, FAA, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5110; email 

chinh.vuong@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On November 26, 2012, at 77 FR 

70382, the Federal Register published 

our notice of proposed rulemaking 

(NPRM), which proposed to amend 14 

CFR part 39 to include an AD that 

would apply to Eurocopter France 

Model EC 155B, EC155B1, SA–366G1, 

SA–365N, SA–365N1, AS–365N2, and 

AS 365 N3 helicopters. The NPRM 

proposed to require modifying the fuel 

tank draining system. The proposed 

requirements were intended to prevent 

accumulation of fuel in an area with 

electrical equipment or other ignition 

source, which may lead to a fire. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, issued EASA AD No. 2011–0190, 

dated September 30, 2011 (AD No. 

2011–0190), to correct an unsafe 

condition for the Eurocopter France EC 

155, SA 366, SA 365, and AS 365 model 

helicopters, except those with certain 

modifications. EASA reports that the 

fuel tank drains were closed with plugs 

during production to maintain 

buoyancy during emergency landings in 

water. EASA states that this closing of 

the fuel tank drains with plugs 

‘‘disregards compliance with an 

airworthiness certification requirement’’ 

and, in the event of a fuel leak in flight, 

creates ‘‘the risk of fuel accumulation 

and/or migration’’ to an adjacent area 

that may contain electrical equipment 

‘‘susceptible of constituting a source of 

ignition.’’ EASA states that this 

condition, if not corrected, could result 

in ignition of fuel vapors, ‘‘resulting in 

a fire and consequent damage to the 

helicopter, or injury to its occupants.’’ 

As a result, EASA required modification 

of the fuel tank compartments’ draining 

system. 

Comments 

After our NPRM (77 FR 70382, 

November 26, 2012) was published, we 

received comments from one 

commenter. 

Request 

The commenter called this ‘‘a health 

and safety issue’’ and stated that the 

repairs should be done immediately, as 

the costs of the repair are relatively 

minor. 

We partially agree. We are not 

requiring that the repairs be 

accomplished immediately. We 

evaluated the safety data and 

determined that allowing helicopter 

owners and operators time to plan and 

obtain parts to make the repairs would 

not adversely affect safety. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA, its 

technical representative, has notified us 

of the unsafe condition described in its 

AD. We are issuing this AD because we 

evaluated all information provided by 

EASA, reviewed the relevant 

information, considered the comments 

received, and determined the unsafe 

condition exists and is likely to exist or 

develop on other helicopters of these 

same type designs and that air safety 

and the public interest require adopting 

the AD requirements as proposed. 

Differences Between This AD and the 

EASA AD 

We require within six months 

modifying the fuel tank drain system for 

helicopters with an emergency 

buoyancy system. EASA requires 

compliance within 24 months. 

Related Service Information 

Eurocopter issued Alert Service 

Bulletin (ASB) No. EC155–53A031 for 

its B and B1 model helicopters, ASB No. 

AS366–53.11 for its G1 model 

helicopters, and ASB No. AS365– 

53.00.50 for its N, N1, N2 and N3 model 

helicopters. The ASBs were all dated 

May 3, 2011, and were all followed with 

Revision 1 dated September 21, 2011. 

For helicopters not equipped with 

emergency buoyancy fixed parts, the 

ASBs describe procedures to modify the 

fuel tank draining system by removing 

drain plugs in the fuel tanks, to make 

draining possible. For helicopters 

equipped with emergency buoyancy 

fixed parts, the ASBs contain additional 

procedures to seal one drain plug per 

fuel tank compartment and to install 

new drain points and self-sealing drain 

valves in specified fuel tanks. EASA AD 

No. 2011–0190 classifies these ASBs as 

mandatory to ensure the airworthiness 

of these helicopters. 

Costs of Compliance 

We estimate that this AD affects 46 

helicopters of U.S. Registry and that 

labor costs average $85 per work-hour. 

Based on these estimates, we expect the 

following costs: 

Sealing drain plugs, and installing 

new drain points and self-sealing drain 

valves at other locations on helicopters 

equipped with emergency buoyancy 

fixed parts require 16 work-hours. Parts 

cost $11,154 for a total cost of $12,514 

per helicopter. For helicopters equipped 

with emergency buoyancy fixed parts 

and a sixth fuel tank, this work instead 

requires 17 work-hours for a total cost 

of $12,599 per helicopter. 

Removing drain plugs on helicopters 

not equipped with emergency buoyancy 

fixed parts requires one work-hour and 

no parts for a total cost of $85 per 

helicopter. For helicopters not equipped 

with emergency buoyancy fixed parts 

but equipped with a sixth fuel tank, this 

work instead requires two work-hours 

for a total cost of $170 per helicopter. 

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 

helicopters 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) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction; and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 38823 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

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 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 adding 

the following new airworthiness 

directive (AD): 

2013–12–04 Eurocopter France Helicopters: 

Amendment 39–17482; Docket No. 

FAA–2012–1214; Directorate Identifier 

2011–SW–071–AD. 

(a) Applicability 

This AD applies to Eurocopter France 

Model EC 155B, EC155B1, and SA–366G1 

helicopters, except those with modification 

365A084485.00, or modifications 0753C98 

and 0745C96; and Model SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters, except those with modifications 

0753C98, 0745C96, and (if a sixth fuel tank 

is installed) 365A081003.00, or modification 

365A081003.00 and (if a sixth fuel tank is 

installed) 365A084485.00. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

closed fuel tank drain that, in the event of a 

fuel leak, could result in fuel accumulating 

in an area containing electrical equipment or 

other ignition source. This condition could 

result in a fire in the helicopter. 

(c) Effective Date 

This AD becomes effective August 2, 2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

(1) Within 110 hours time-in-service (TIS): 

(i) For helicopters without an emergency 

buoyancy system, remove the fuel tank drain 

plugs listed in the Accomplishment 

Instructions, paragraph 3.B.2.b., of 

Eurocopter Alert Service Bulletin (ASB) No. 

EC155–53A031, Revision 1, dated September 

21, 2011 (ASB 155); ASB No. AS365– 

53.00.50, Revision 1, dated September 21, 

2011 (ASB 365), or ASB No. AS366–53.11, 

Revision 1, dated September 21, 2011 (ASB 

366), as appropriate for your model 

helicopter. 

(ii) For the Model SA–365N, SA–365N1, 

AS–365N2, and AS 365 N3 helicopters, if 

there is an optional sixth fuel tank installed, 

install a self-sealing drain valve in 

accordance with paragraph 3.B.2.c. of ASB 

365. 

(2) Within six months: 

(i) For helicopters with an emergency 

buoyancy system, modify the fuel tank drain 

system in accordance with the 

Accomplishment Instructions, paragraphs 

3.B.2.a.1. through 3.B.2.a.3, of the ASB 

appropriate for your model helicopter. 

(ii) For the Model SA–365N, SA–365N1, 

AS–365N2, AS 365 N3 helicopters, if there is 

an optional sixth fuel tank installed, install 

a self-sealing drain valve in accordance with 

paragraph 3.B.2.c. of ASB 365. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Chinh Vuong, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

chinh.vuong@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2011–0190, dated September 30, 2011. 

You may view the EASA AD at http:// 

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2012–1214. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2810, fuel storage. 

(i) 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 the AD specifies otherwise. 

(i) Eurocopter Alert Service Bulletin No. 

EC155–53A031, Revision 1, dated September 

21, 2011. 

(ii) Eurocopter Alert Service Bulletin No. 

AS365–53.00.50, Revision 1, dated 

September 21, 2011. 

(iii) Eurocopter Alert Service Bulletin No. 

AS366–53.11, Revision 1, dated September 

21, 2011. 

(3) For Eurocopter service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax (972) 

641–3775; or at http://www.eurocopter.com/ 

techpub. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference 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/cfr/ibrlocations.html. 

Issued in Fort Worth, Texas, on June 13, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–14826 Filed 6–27–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1155; Directorate 

Identifier 2012–NM–115–AD; Amendment 

39–17445; AD 2013–09–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final Rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by reports of chafing found on the main 

landing gear (MLG) yoke. The chafing 

was attributed to contact between the 

nacelle fire detection wires and the 

MLG yoke. This AD requires inspections 

of the nacelle fire detection wires and 

the MLG yoke for damage; replacing 

nacelle fire detection wires, if necessary; 

repairing the MLG yoke, if necessary; 

and installing brackets and associated 

hardware to secure the fire detection 

wires. We are issuing this AD to prevent 

chafing between the nacelle fire 

detection wires and the MLG yoke. 

Chafing could lead to cracking and 

subsequent failure of the MLG yoke, 

which could adversely affect the safe 

landing of the airplane. In addition, 

chafing of the nacelle fire detection 

wires could cause them to fail and 

prevent the detection of a fire in the 

nacelle assembly. 


tkelley on DSK3SPTVN1PROD with RULES