31916 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations

§ 126.805 What are the procedures for

appeals of HUBZone status

determinations?

(a) Who may appeal. The protested

HUBZone SBC, the protestor, or the

contracting officer may file appeals of

protest determinations with SBA’s

ADA/GC&8(a)BD.

(b) Timeliness of appeal. SBA’s ADA/

GC&8(a)BD must receive the appeal no

later than 5 business days after the date

of receipt of the protest determination.

SBA will dismiss any appeal received

after the five-day period.

(c) Method of Submission. The party

appealing the decision may deliver its

appeal in person, by facsimile, by

express delivery service, or by U.S. mail

(postmarked within the applicable time

period).

(d) Notice of appeal. The party

bringing an appeal must provide notice

of the appeal to the contracting activity

contracting officer and either the

protested HUBZone SBC or original

protestor, as appropriate.

(e) Grounds for appeal. (1) SBA will

re-examine a protest determination only

if there was a clear and significant error

in the processing of the protest or if the

AA/HUB failed completely to consider

a significant fact contained within the

information supplied by the protestor or

the protested HUBZone SBC.

(2) SBA will not consider additional

information or changed circumstances

that were not disclosed at the time of

the AA/HUB’s decision or that are based

on disagreement with the findings and

conclusions contained in the

determination.

(f) Contents of appeal. The appeal

must be in writing. The appeal must

identify the protest determination being

appealed and set forth a full and

specific statement as to why the

decision is erroneous or what significant

fact the AA/HUB failed to consider.

(g) Completion of appeal after award.

An appeal may proceed to completion

even after award of the contract that

prompted the protest, if so desired by

the protested HUBZone SBC, or where

SBA determines that a decision on

appeal is meaningful.

(h) Decision. The ADA/GC&8(a)BD

will make its decision within 5 business

days of its receipt, if practicable, and

will base its decision only on the

information and documentation in the

protest record as supplemented by the

appeal. SBA will provide a copy of the

decision to the contracting officer, the

protestor, and the protested HUBZone

SBC, consistent with law. The ADA/

GC&8(a)BD’s decision is the final agency

decision.

Subpart I—Penalties

§ 126.900 What penalties may be imposed

under this part?

(a) Suspension or debarment. The

Agency debarring official may suspend

or debar a person or concern pursuant

to the procedures set forth in part 145

of this title. The contracting agency

debarring official may debar or suspend

a person or concern under the Federal

Acquisition Regulation, 48 CFR Part 9,

subpart 9.4.

(b) Civil penalties. Persons or

concerns are subject to civil remedies

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

3729–3733, and under the Program

Fraud Civil Remedies Act, 31 U.S.C.

3801–3812, and any other applicable

laws.

(c) Criminal penalties. Persons or

concerns are subject to severe criminal

penalties for knowingly misrepresenting

the HUBZone status of a small business

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; and 31 U.S.C. 3729–3733. Persons

or concerns also 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.

Dated: June 5, 1998.

Aida Alvarez,

Administrator.

[FR Doc. 98–15581 Filed 6–10–98; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–55–AD; Amendment 39–

10590; AD 98–13–02]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Models 35, A35, B35,

and 35R Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Raytheon Aircraft Company

(Raytheon) Models 35, A35, B35, and

35R airplanes (commonly referred to as

Beech Models 35, A35, B35, and 35R

airplanes). This AD requires fabricating

a placard that restricts the never exceed

speed (Vne) to no more than 144 miles

per hour (MPH) or 125 knots (KTS)

indicated airspeed (IAS), and installing

this placard on the instrument panel

within the pilot’s clear view. This AD

also requires marking a red line on the

airspeed indicator glass at 144 MPH

(125 KTS), marking a white slippage

mark on the outside surface of the

airspeed indicator between the glass and

case, and inserting a copy of this AD

into the Limitations Section of the

airplane flight manual (AFM). This AD

is the result of several occurrences of inflight vibration on the affected

airplanes. The actions specified by this

AD are intended to prevent in-flight

vibrations caused by the affected

airplanes operating at excessive speeds,

which could result in airplane damage

and possible loss of control of the

airplane.

DATES: Effective July 7, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 10, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–55–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Information that relates to this AD

may be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–55–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr.

Steve Litke, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone: (316) 946–4127; facsimile:

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA has recently received

reports of several incidents of in-flight

vibrations on Raytheon Models 35, A35,

B35, and 35R airplanes (commonly

referred to as Beech Models 35, A35,

B35, and 35R airplanes).

These incidents are unrelated to AD

94–20–04, Amendment 39–9032 (59 FR

49785, September 30, 1994), which

currently requires, among other things,

balancing the ruddervators (off the

airplane) anytime the ruddervator is

repaired or repainted on Raytheon 35

series airplanes. Of the 10 incidents

since AD 94–20–04 became effective, 7
Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations 31917

of the affected airplanes had

ruddervators that were balanced and 3

of the affected airplanes had

ruddervators that were out-of-balance.

Post-flight inspections of the airplanes

involved in the above-referenced

incidents have revealed cracked

bulkheads and wrinkled skin in the aft

fuselage; and broken spars, broken

hinges, and bent skin on the stabilizers

and ruddervators.

The Raytheon Models 35, A35, B35,

and 35R airplanes are equipped with

‘‘V-tails’’ that have a narrow chord

stabilizer without reinforcing cuffs. The

FAA’s preliminary investigation reveals

the possibility of an unstable flutter

mode in the 160 to 170 MPH range for

the Raytheon Models 35, A35, B35, and

35R airplanes. This unstable mode is

not likely to occur on other Raytheon

airplane models with ‘‘V-tail’’

configurations.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to prevent in-flight

vibrations caused by the affected

airplanes operating at excessive speeds,

which could result in airplane damage

and possible loss of control of the

airplane.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Raytheon Models 35,

A35, B35, and 35R airplanes of the same

type design, the FAA is issuing an AD.

This AD requires:

—Fabricating a placard that restricts the

never exceed speed (Vne) to no more

than 144 miles MPH or 125 KTS IAS,

and installing this placard on the

instrument panel within the pilot’s

clear view;

—Marking a red line on the airspeed

indicator glass at 144 MPH (125 KTS);

—Marking a white slippage mark on the

outside surface of the airspeed

indicator between the glass and case;

and

—Inserting a copy of this AD into the

Limitations Section of the AFM.

Possible Follow-Up AD Action

Raytheon is also reviewing the

information related to the occurrences

referenced in this AD and may develop

a modification that, when incorporated,

would eliminate the need for the speed

restrictions required by this AD. The

FAA will review any modification that

is developed, determine whether it

would eliminate the need for the

requirements of this action, and then

determine whether additional AD action

is necessary.

Determination of the Effective Date of

the AD

Since a situation exists (possible loss

of control of the airplane due to in-flight

vibrations) that requires the immediate

adoption of this regulation, it is found

that notice and opportunity for public

prior comment hereon are

impracticable, and that good cause

exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting immediate flight safety and,

thus, was not preceded by notice and

opportunity to comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

above. All communications received on

or before the closing date for comments

will be considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–55–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a significant regulatory action

under Executive Order 12866. It has

been determined further that this action

involves an emergency regulation under

DOT Regulatory Policies and Procedures

(44 FR 11034, February 26, 1979). If it

is determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to 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. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

98–13–02 Raytheon Aircraft Company

(Type Certificate No. A24CE formerly

held by the Beech Aircraft Corporation):

Amendment 39–10590; Docket No. 98–

CE–55–AD.

Applicability: Models 35, A35, B35, and

35R airplanes, all serial numbers, certificated

in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (f) of this AD.

The request should include an assessment

of the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not
31918 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required within the next 10

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent in-flight vibrations caused by

the affected airplanes operating at excessive

speeds, which could result in airplane

damage and possible loss of control of the

airplane, accomplish the following:

(a) Fabricate a placard that restricts the

never exceed speed (Vne) to no more than

144 miles per hour (MPH) or 125 knots (KTS)

indicated airspeed (IAS), and install this

placard on the instrument panel within the

pilot’s clear view. The placard should utilize

letters of at least 0.10-inch in height and

contain the following words:

‘‘Never exceed speed, Vne, 144 MPH (125

KTS) IAS’’

(b) Mark a red line on the airspeed

indicator glass at 144 MPH (125 KTS) and

mark a white slippage mark on the outside

surface of the airspeed indicator between the

glass and case.

(c) Insert a copy of this AD into the

Limitations Section of the airplane flight

manual (AFM).

(d) Fabricating and installing the placard as

required by paragraph (a) of this AD and

inserting this AD into the Limitations Section

of the AFM as required by paragraph (c) of

this AD may be performed by the owner/

operator holding at least a private pilot

certificate as authorized by section 43.7 of

the Federal Aviation Regulations (14 CFR

43.7), and must be entered into the aircraft

records showing compliance with this AD in

accordance with section 43.9 of the Federal

Aviation Regulations (14 CFR 43.9).

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(f) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office (ACO), 1801 Airport

Road, Room 100, Mid-Continent Airport,

Wichita, Kansas 67209. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(g) Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri.

(h) This amendment becomes effective on

July 7, 1998.

Issued in Kansas City, Missouri, on June 2,

1998.

Ronald K. Rathgeber,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–15202 Filed 6–10–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 700

[Docket No. 970827205–8126–02]

RIN 0694–AA02

Defense Priorities and Allocations

System

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Department of Commerce

is issuing this rule to amend the Defense

Priorities and Allocations System

(DPAS) regulation by updating,

modifying and clarifying a number of its

provisions.

In reviewing the current DPAS and in

issuing this rule, the objective has been

to improve DPAS administration and

implementation and make it more

effective and efficient in the post-Cold

War era.

EFFECTIVE DATE: This rule is effective

July 13, 1998.

FOR FURTHER INFORMATION CONTACT:

Richard V. Meyers, DPAS Program

Manager, Office of Strategic Industries

and Economic Security, Room 3876,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–3634, FAX: (202) 482–5650,

and E-Mail: rmeyers@bxa.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

On October 1, 1997, the Department

of Commerce published in the Federal

Register (62 FR 51389) a request for

comments on a proposed rule that

would amend the Defense Priorities and

Allocations System (DPAS) regulation

by updating, modifying, and clarifying a

number of its provisions.

Interested parties were requested to

submit comments on the proposed rule

by October 31, 1997. Interested parties

were also requested to provide

comments on any other provision of the

DPAS that may be hindering effective

and efficient administration or

implementation. Of the seven comments

received, only two were from private

sector firms. Based on these comments

and an editorial review of the proposed

rule, several provisions of the proposed

rule are further revised and clarified,

and various editorial changes are made.

Analysis of Comments

No commenters objected to the

proposed rule. Accordingly, the

Department is proceeding with

publication of this final rule with the

changes discussed below.

Public comments were particularly

sought concerning the proposed

revision of three provisions that directly

affect industry operations under the

DPAS. These provisions pertain to: (1)

the time period within which a supplier

must accept or reject a rated order

[§ 700.13(d)(1)]; (2) the order of

precedence to be given by contractors

and suppliers to conflicting rated orders

of equal priority status (§ 700.14); and

(3) the combining by a contractor of

defense rated requirements with

commercial (unrated) requirements on

one purchase order to a supplier

[§ 700.17(d)].

Comments were also sought

concerning (1) a proposal to remove the

controlled materials provisions from

§§ 700.30–700.31 and all other

provisions, references, and supporting

schedules to the program from

throughout the regulation; and (2)

proposals to make various other

jurisdictional, technical, administrative,

and miscellaneous revisions to a

number of DPAS provisions. These

revisions are needed to address changes

to delegated authority, to update and

clarify the text, and to improve

generally the administration,

effectiveness, and efficiency of the

DPAS in support of our nation’s postCold War defense requirements and its

ability to respond fully to a national

security emergency or domestic

emergency preparedness situation.

1. Customer Notification of Acceptance

or Rejection of Rated Orders

Industry has complained about the

difficulty of complying with the

customer notification requirements of

§ 700.13(d)(1). These rules required a

supplier to accept or reject a rated order

in writing within ten (10) working days

after receipt of a DO rated order and

within five (5) working days after

receipt of a DX rated order. Accordingly,

§ 700.13(d)(1) is revised to extend the

time within which a person must accept

or reject a rated order by five (5)

working days to fifteen (15) working

days after receipt of a DO rated order,

and ten (10) working days after receipt

of a DX rated order. No commenter on

the proposed rule objected to this

change.

Also, because of the increasing use by

industry of electronic data interchange

to place contracts and purchase orders,

§ 700.13(d) is revised to reference

specifically the electronic placement,

acceptance, and rejection of rated

orders. However, if the rated order is