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56378

Proposed Rules Federal Register


Vol. 70, No. 186

Tuesday, September 27, 2005

This section of the FEDERAL REGISTER AMS, USDA, 2202 Monterey Street, Authority: 7 U.S.C. 601–674.
contains notices to the public of the proposed suite 102B, Fresno, California 93721; Dated: September 23, 2005.
issuance of rules and regulations. The Telephone: (559) 487–5901, Fax: (559) Lloyd C. Day,
purpose of these notices is to give interested 487–5906; or George Kelhart, Marketing
persons an opportunity to participate in the Administrator, Agricultural Marketing
Order Administration Branch, Fruit and Service.
rule making prior to the adoption of the final
rules.
Vegetable Programs, AMS, USDA, 1400 [FR Doc. 05–19328 Filed 9–23–05; 11:31 am]
Independence Avenue SW., STOP 0237,
BILLING CODE 3410–02–P
Washington, DC 20250–0237;
DEPARTMENT OF AGRICULTURE Telephone: (202) 720–2491, Fax: (202)
720–8938.
Agricultural Marketing Service Small businesses may request DEPARTMENT OF TRANSPORTATION
information on complying with this
Federal Aviation Administration
7 CFR Parts 925 and 944 regulation by contacting Jay Guerber,
Marketing Order Administration
[Docket No. FV03–925–1 PR] 14 CFR Part 39
Branch, Fruit and Vegetable Programs,
Grapes Grown in a Designated Area of AMS, USDA, 1400 Independence [Docket No. FAA–2005–22527; Directorate
Avenue SW., STOP 0237, Washington, Identifier 2004–NM–04–AD]
Southeastern California and Imported
Table Grapes; Extension of Comment DC 20250–0237; Telephone: (202) 720– RIN 2120–AA64
Period on Changing Regulatory 2491, Fax: (202) 720–8938, or E-mail:
Periods Jay.Guerber@usda.gov. Airworthiness Directives; Airbus Model
SUPPLEMENTARY INFORMATION: A A300 B2 Series Airplanes; A300 B4–
AGENCY: Agricultural Marketing Service, 103 and B4–203 Airplanes; and A310–
proposed rule was issued on May 20,
USDA. 203 Airplanes
2005, and published in the Federal
ACTION: Reopening and extension of Register on May 25, 2005 (70 FR 30001).
comment period. AGENCY: Federal Aviation
The proposed rule would change the Administration (FAA), Department of
SUMMARY: Notice is hereby given that regulatory periods when the minimum Transportation (DOT).
the comment period on proposed grade, size, quality, and maturity
requirements apply to southeastern ACTION: Notice of proposed rulemaking
changes in the regulatory periods when (NPRM).
minimum grade, size, quality, and California grapes under the order and to
maturity requirements apply to imported grapes under the table grape SUMMARY: The FAA proposes to adopt a
southeastern California grapes under import regulation. A notice of extension new airworthiness directive (AD) for
Marketing Order No. 925 (order), and to of comment period was issued July 20, certain Airbus Model A300 B2 series
imported grapes under the table grape 2005, and published in the Federal airplanes, A300 B4–103 and B4–203
import regulation is extended until Register on July 25, 2005 (70 FR 42513). airplanes, and Model A310–203
November 28, 2005. This document extended the comment airplanes. This proposed AD would
period from July 25, 2005, to September require a one-time inspection for
DATES: Comments must be received by
25, 2005. missing or incorrect rivets in the entire
November 28, 2005. Another extension was requested on
ADDRESSES: Interested persons are structural area affected by conversion
behalf of ASOEX, a trade association of from passenger to freight configuration,
invited to submit written comments Chilean fruit growers and fresh fruit
concerning this proposal. Comments and corrective action if necessary. This
exporters. In its previous request, proposed AD is prompted by a report of
should be sent to the Docket Clerk, ASOEX stated that its members
Marketing Order Administration rivets missing from the passenger-to-
represent approximately 90 percent of freight converted area. We are proposing
Branch, Fruit and Vegetable Programs, Chilean table grape imports to the
AMS, USDA, 1400 Independence this AD to prevent structural failure of
United States. The extension was the main deck and main deck cargo door
Avenue SW., STOP 0237, Washington, requested to provide additional time for
DC 20250–0237; Fax: (202) 720–8938, E- areas.
interested persons to accumulate and
mail: moab.docketclerk@usda.gov, or analyze data regarding the proposal and DATES: We must receive comments on
Internet: http://www.regulations.gov. All to submit written comments on the this proposed AD by October 27, 2005.
comments should reference the docket proposed rule. ADDRESSES: Use one of the following
number and the date and page number After reviewing the request, USDA is addresses to submit comments on this
of this issue, the May 25, 2005, issue, extending the comment period for 60 proposed AD.
and the July 25, 2005 issue of the additional days or until November 28, • DOT Docket Web site: Go to
Federal Register and will be available 2005. This will provide interested http://dms.dot.gov and follow the
for public inspection in the office of the persons more time to review the instructions for sending your comments
Docket Clerk during regular business proposed rule, perform a more complete electronically.
hours, or can be viewed at: http:// analysis, and submit written comments. • Government-wide rulemaking Web
www.ams.usda.gov/fv/moab.html. Accordingly, the period in which to site: Go to http://www.regulations.gov
FOR FURTHER INFORMATION CONTACT: file written comments is extended until and follow the instructions for sending
California Marketing Field Office, November 28, 2005. This notice is your comments electronically.
Marketing Order Administration issued pursuant to the Agricultural • Mail: Docket Management Facility,
Branch, Fruit and Vegetable Programs, Marketing Agreement Act of 1937. U.S. Department of Transportation, 400

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Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56379

Seventh Street SW., Nassif Building, Examining the Docket FAA’s Determination and Requirements
room PL–401, Washington, DC 20590. of the Proposed AD
You can examine the AD docket on
• By Fax: (202) 493–2251. These airplane models are
the Internet at http://dms.dot.gov, or in
• Hand Delivery: Room PL–401 on person at the Docket Management manufactured in France and are type
the plaza level of the Nassif Building, Facility office between 9 a.m. and 5 certificated for operation in the United
400 Seventh Street SW., Washington, p.m., Monday through Friday, except States under the provisions of section
DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket 21.29 of the Federal Aviation
through Friday, except Federal holidays. Management Facility office (telephone Regulations (14 CFR 21.29) and the
For service information identified in (800) 647–5227) is located on the plaza applicable bilateral airworthiness
this proposed AD, contact EADS Airbus level of the Nassif Building at the DOT agreement. Pursuant to this bilateral
G.M.B.H., Postfach 95 01 09, 21111 street address stated in the ADDRESSES airworthiness agreement, the LBA has
Hamburg, Germany. section. Comments will be available in kept the FAA informed of the situation
You can examine the contents of this the AD docket shortly after the DMS described above. We have examined the
AD docket on the Internet at http:// receives them. LBA’s findings, evaluated all pertinent
dms.dot.gov, or in person at the Docket information, and determined that we
Management Facility, U.S. Department Discussion need to issue an AD for products of this
of Transportation, 400 Seventh Street The Luftfahrt-Bundesamt (LBA), type design that are certificated for
SW., room PL–401, on the plaza level of which is the airworthiness authority for operation in the United States.
the Nassif Building, Washington, DC. Germany, notified us that an unsafe Therefore, we are proposing this AD,
This docket number is FAA–2005– condition may exist on certain Airbus which would require accomplishing the
22527; the directorate identifier for this Model A300 B2 series airplanes, A300 actions specified in the service
docket is 2004–NM–04–AD. B4–103 and B4–203 airplanes, and information described previously,
FOR FURTHER INFORMATION CONTACT: A310–203 airplanes. The LBA advises except as discussed under ‘‘Differences
David Lawson, Aerospace Engineer, that rivets were reported as missing Between the Proposed AD and the
Airframe and Propulsion Branch, ANE– from the fuselage main deck and main German Airworthiness Directive.’’
171, FAA, New York Aircraft deck cargo door area on one affected Differences Between the Proposed AD
Certification Office, 1600 Stewart A300 airplane. The findings occurred and the German Airworthiness
Avenue, suite 410, Westbury, New York during a maintenance check on an Directive
11590; telephone (516) 228–7327; fax airplane that had been converted from
The German airworthiness directive
(516) 794–5531. passenger use to freighter use. This
does not include manufacturer’s serial
SUPPLEMENTARY INFORMATION: condition, if not corrected, could result
number (S/N) 184 in its list of airplane
in structural failure of the main deck
Comments Invited S/Ns affected by the action. This
and main deck cargo door areas.
proposed AD would include S/N 184 in
We invite you to submit any relevant Relevant Service Information its applicability. S/N 184 was
written data, views, or arguments inadvertently excluded from the
regarding this proposed AD. Send your Airbus has issued EADS Alert Service German airworthiness directive.
comments to an address listed under Bulletin DA–53–073, dated June 26, The German airworthiness directive
ADDRESSES. Include ‘‘Docket No. FAA– 2002 (for Airbus Model A300 B2 series lists the applicable service bulletin
2005–22527; Directorate Identifier airplanes, and A300 B4–103 and B4–203 numbers as A300–DA53–073, and
2004–NM–04–AD’’ at the beginning of airplanes); and EADS Alert Service A310–DA53–074. This is an inadvertent
your comments. We specifically invite Bulletin DA–53–074, dated June 27, error. The numbers are identified on the
comments on the overall regulatory, 2002 (for Airbus Model A310–203 applicable service bulletins as EADS
economic, environmental, and energy airplanes). Airbus has also issued All Alert Service Bulletins DA–53–073, and
aspects of the proposed AD. We will Operator Telex (AOT) M113–02–007, DA–53–074.
consider all comments submitted by the dated June 21, 2002. The service The German airworthiness directive
closing date and may amend the bulletins describe procedures for directs operators to contact the LBA’s
proposed AD in light of those visually inspecting for missing or delegated agent for repair instructions.
comments. incorrect rivets in the area affected by This proposed AD would require you to
We will post all comments we the conversion. If there are missing or repair those conditions using a method
receive, without change, to http:// incorrect rivets, the service bulletins that we or the LBA (or its delegated
dms.dot.gov, including any personal recommend contacting the LBA’s agent) approve. In light of the type of
information you provide. We will also delegated agent for further instructions. repair that would be required to address
post a report summarizing each The AOT describes the areas on which the unsafe condition, and consistent
substantive verbal contact with FAA the inspection is required, in with existing bilateral airworthiness
personnel concerning this proposed AD. accordance with the riveting layouts in agreements, we have determined that,
Using the search function of our docket the service bulletins. The service for this proposed AD, a repair we or the
Web site, anyone can find and read the bulletins also request that operators LBA approve would be acceptable for
comments in any of our dockets, report the inspection results to the compliance with this proposed AD.
including the name of the individual delegated agent, and the AOT requests Although the German airworthiness
who sent the comment (or signed the that operators provide this report to directive specifies that operators should
comment on behalf of an association, Airbus. submit an inspection report, this
business, labor union, etc.). You can The LBA mandated the service proposed AD would not require those
review the DOT’s complete Privacy Act information and issued German actions.
Statement in the Federal Register airworthiness directive 2002–200, dated
published on April 11, 2000 (65 FR June 27, 2002, to ensure the continued Clarification of Inspection Language
19477–78), or you can visit http:// airworthiness of these airplanes in The service bulletin and the German
dms.dot.gov. Germany. airworthiness directive request that

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56380 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules

operators ‘‘visually inspect’’ for missing 2. Is not a ‘‘significant rule’’ under the inspection for missing or incorrect rivets in
and incorrect fasteners. This proposed DOT Regulatory Policies and Procedures the entire structural area affected by
AD defines this inspection as a ‘‘general (44 FR 11034, February 26, 1979); and conversion from passenger to freight
visual inspection.’’ This inspection is 3. Will not have a significant configuration identified in Airbus All
defined in Note 1 of this proposed AD. economic impact, positive or negative, Operator Telex M113–02–007, dated June 21,
on a substantial number of small entities 2002. Do the inspections in accordance with
Costs of Compliance the Accomplishment Instructions of EADS
under the criteria of the Regulatory
This proposed AD would affect about Flexibility Act. Alert Service Bulletin DA–53–073, dated
2 Airbus Model A300 B4–103 and B4– We prepared a regulatory evaluation June 26, 2002; or EADS Alert Service Bulletin
203 airplanes of U.S. registry. The of the estimated costs to comply with DA–53–074, dated June 27, 2002; as
proposed actions would take about 80 this proposed AD. See the ADDRESSES applicable.
work hours per airplane, at an average section for a location to examine the Note 1: For the purposes of this AD, a
labor rate of $65 per work hour. Based regulatory evaluation. general visual inspection is: ‘‘A visual
on these figures, the estimated cost of examination of an interior or exterior area,
List of Subjects in 14 CFR Part 39 installation, or assembly to detect obvious
the proposed AD for U.S. operators is
$10,400, or $5,200 per airplane. Air transportation, Aircraft, Aviation damage, failure, or irregularity. This level of
Currently there are no Airbus Model safety, Safety. inspection is made from within touching
A310–203 airplanes of U.S. registry. distance unless otherwise specified. A mirror
The Proposed Amendment may be necessary to ensure visual access to
However, should one of these airplanes
be imported and placed on the U.S. Accordingly, under the authority all surfaces in the inspection area. This level
registry, we estimate that the proposed delegated to me by the Administrator, of inspection is made under normally
actions would take about 80 work hours the FAA proposes to amend 14 CFR part available lighting conditions such as
per airplane, at an average labor rate of 39 as follows: daylight, hangar lighting, flashlight, or
droplight and may require removal or
$65 per work hour. Based on these
PART 39—AIRWORTHINESS opening of access panels or doors. Stands,
figures, the estimated cost of the
DIRECTIVES ladders, or platforms may be required to gain
proposed AD would be $5,200 per
proximity to the area being checked.’’
airplane. 1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows: Corrective Action
Authority: 49 U.S.C. 106(g), 40113, 44701. (g) If any inspection required by paragraph
Title 49 of the United States Code
(f) of this AD identifies a missing or incorrect
specifies the FAA’s authority to issue § 39.13 [Amended]
rivet: Before further flight, repair according to
rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding a method approved by either the Manager,
section 106, describes the authority of the following new airworthiness New York Aircraft Certification Office (ACO),
the FAA Administrator. Subtitle VII, directive (AD): FAA; or the Luftfahrt-Bundesamt (LBA) (or
Aviation Programs, describes in more its delegated agent).
Airbus: Docket No. FAA–2005–22527;
detail the scope of the Agency’s Directorate Identifier 2004–NM–04–AD.
authority. No Reporting Required
We are issuing this rulemaking under Comments Due Date (h) Although the service bulletins
the authority described in subtitle VII, (a) The Federal Aviation Administration referenced in this AD specify to submit
part A, subpart III, section 44701, must receive comments on this AD action by certain information to the manufacturer, this
‘‘General requirements.’’ Under that October 27, 2005. AD does not include that requirement.
section, Congress charges the FAA with Affected ADs
Alternative Methods of Compliance
promoting safe flight of civil aircraft in (b) None. (AMOCs)
air commerce by prescribing regulations
for practices, methods, and procedures Applicability (i)(1) The Manager, New York ACO, FAA,
the Administrator finds necessary for (c) This AD applies to Airbus Model A300 has the authority to approve AMOCs for this
safety in air commerce. This regulation B2–1A, B2–1C, B2K–3C, B2–203, A300 B4– AD, if requested in accordance with the
is within the scope of that authority 103, and B4–203 airplanes, and Model A310– procedures found in 14 CFR 39.19.
because it addresses an unsafe condition 203 airplanes; certificated in any category; as (2) Before using any AMOC approved in
identified in EADS Alert Service Bulletin accordance with § 39.19 on any airplane to
that is likely to exist or develop on DA–53–073, dated June 26, 2002, and EADS
products identified in this rulemaking which the AMOC applies, notify the
Alert Service Bulletin DA–53–074, dated appropriate principal inspector in the FAA
action. June 27, 2002; as applicable. Flight Standards Certificate Holding District
Regulatory Findings Unsafe Condition Office.
We have determined that this (d) This AD was prompted by a report of Related Information
proposed AD would not have federalism rivets missing from the structural area
affected by conversion from passenger to (j) German airworthiness directive 2002–
implications under Executive Order 200, dated June 27, 2002, also addresses the
freight configuration. We are issuing this AD
13132. This proposed AD would not to prevent structural failure of the main deck subject of this AD.
have a substantial direct effect on the and main deck cargo door areas.
States, on the relationship between the Issued in Renton, Washington, on
national Government and the States, or Compliance September 16, 2005.
on the distribution of power and (e) You are responsible for having the Ali Bahrami,
responsibilities among the various actions required by this AD performed within Manager, Transport Airplane Directorate,
levels of government. the compliance times specified, unless the Aircraft Certification Service.
actions have already been done.
For the reasons discussed above, I [FR Doc. 05–19237 Filed 9–26–05; 8:45 am]
certify that the proposed regulation: Inspection BILLING CODE 4910–13–P
1. Is not a ‘‘significant regulatory (f) Within 300 flight cycles after the
action’’ under Executive Order 12866; effective date of this AD: Do a general visual

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