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requires no additional forms. The publication in the Federal Register DEPARTMENT OF TRANSPORTATION
information will be recorded by the because: (1) The Committee
inspector on the inspection certificate. unanimously recommended these Federal Aviation Administration
In accordance with the Paperwork changes at public meetings and
Reduction Act of 1995 (44 U.S.C. interested parties had an opportunity to 14 CFR Part 39
Chapter 35), AMS has received OMB provide input; (2) growers and handlers [Docket No. FAA–2005–21053; Directorate
approval for the information collection are aware of these changes; (3) the Identifier 2005–NM–053–AD; Amendment
requirements for this marketing order Florida avocado shipping season started 39–14161; AD 2005–13–24]
program. These requirements are
May 16, 2005; and (4) this rule provides RIN 2120–AA64
approved under the Fruit Crops
a 60-day comment period and any
collection package, OMB No. 0581–0189
OMB. The reporting modifications made comments received will be considered Airworthiness Directives; AvCraft
by this rule are small and will have no prior to finalization of this rule. Dornier Model 328–100 Airplanes
impact on the overall total burden hours List of Subjects in 7 CFR Part 915 AGENCY: Federal Aviation
approved by OMB. Administration (FAA), Department of
As with all Federal marketing order Avocados, Marketing agreements, Transportation (DOT).
programs, reports and forms are Reporting and recordkeeping ACTION: Final rule.
periodically reviewed to reduce requirements.
information requirements and SUMMARY: The FAA is adopting a new
duplication by industry and public ■ For the reasons set forth in the
airworthiness directive (AD) for all
sector agencies. In addition, USDA has preamble, 7 CFR part 915 is amended as
AvCraft Dornier Model 328–100
not identified any relevant Federal rules follows: airplanes. This AD requires modifying
that duplicate, overlap or conflict with the electrical wiring of the fuel pumps;
this rule. PART 915—AVOCADOS GROWN IN
installing insulation at the hand flow
Further, the Committee’s meetings SOUTH FLORIDA
control and shut-off valves, and other
were widely publicized throughout the components of the environmental
avocado industry and all interested ■ 1. The authority citation for 7 CFR part
control system; and installing markings
persons were invited to attend and 915 continues to read as follows:
at fuel wiring harnesses. This AD also
participate in Committee deliberations. Authority: 7 U.S.C. 601–674. requires revising the Airworthiness
Like all Committee meetings, the Limitations section of the Instructions
September 8, 2004, and November 10, ■ 2. Section 915.150 is amended by
adding paragraph (e) to read as follows: for Continued Airworthiness to
2004, meetings were public meetings incorporate new inspections of the fuel
and all entities, both large and small, § 915.150 Reports. tank system. This AD is prompted by
were able to express their views on the results of fuel system reviews
these issues. Finally, interested persons * * * * *
conducted by the airplane
are invited to submit information on the (e) At the time of inspection, each manufacturer. We are issuing this AD to
regulatory and informational impacts of handler shall provide to the Federal- reduce the potential of ignition sources
this action on small businesses. State Inspection Service the quantity inside fuel tanks, which, in combination
A small business guide on complying and size of containers being packed and with flammable fuel vapors, could result
with fruit, vegetable, and specialty crop inspected for the fresh avocado market. in fuel tank explosions and consequent
marketing agreements and orders may In addition, each handler shall provide loss of the airplane.
be viewed at: http://www.ams.usda.gov/ the number of avocados packed per DATES: This AD becomes effective July
fv/moab.html. Any questions about the container (count per container).
compliance guide should be sent to Jay 29, 2005.
Guerber at the previously mentioned ■ 3. Section 915.305 is amended by The incorporation by reference of
address in the FOR FURTHER INFORMATION adding paragraph (c) to read as follows: certain publications listed in the AD is
CONTACT section.
approved by the Director of the Federal
This rule invites comments on § 915.305 Florida Avocado Container Register as of July 29, 2005.
changes to the container and reporting Regulation 5. ADDRESSES: For service information
requirements currently prescribed under * * * * * identified in this AD, contact AvCraft
the Florida avocado marketing order. (c) No handler shall handle any Aerospace GmbH, P.O. Box 1103, D–
Any comments received will be avocados for the fresh market in 20 82230 Wessling, Germany.
considered prior to finalization of this Docket: The AD docket contains the
bushel plastic field bins to destinations
rule. proposed AD, comments, and any final
inside the production area.
After consideration of all relevant disposition. You can examine the AD
material presented, including the Dated: June 20, 2005. docket on the Internet at http://
Committee’s recommendations, and Kenneth C. Clayton, dms.dot.gov, or in person at the Docket
other information, it is found that this Acting Administrator, Agricultural Marketing Management Facility office between 9
interim final rule, as hereinafter set Service. a.m. and 5 p.m., Monday through
forth, will tend to effectuate the [FR Doc. 05–12616 Filed 6–21–05; 3:37 pm] Friday, except Federal holidays. The
declared policy of the Act. Docket Management Facility office
BILLING CODE 3410–02–P
Pursuant to 5 U.S.C. 553, it is also (telephone (800) 647–5227) is located on
found and determined upon good cause the plaza level of the Nassif Building at
that it is impracticable, unnecessary, the U.S. Department of Transportation,
and contrary to the public interest to 400 Seventh Street, SW., room PL–401,
give preliminary notice prior to putting Washington, DC. This docket number is
this rule into effect and that good cause FAA–2005–21053; the directorate
exists for not postponing the effective identifier for this docket is 2005–NM–
date of this rule until 30 days after 053–AD.
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations 36471
FOR FURTHER INFORMATION CONTACT: Dan will take about 70 work hours per List of Subjects in 14 CFR Part 39
Rodina, Aerospace Engineer, airplane, at an average labor rate of $65
Air transportation, Aircraft, Aviation
International Branch, ANM–116, FAA, per work hour. Required parts will cost
safety, Incorporation by reference,
Transport Airplane Directorate, 1601 about $14,118 per airplane. Based on
Safety.
Lind Avenue, SW., Renton, Washington these figures, the estimated cost of the
98055–4056; telephone (425) 227–2125; AD for U.S. operators is $112,008, or Adoption of the Amendment
fax (425) 227–1149. $18,668 per airplane.
SUPPLEMENTARY INFORMATION: The FAA
■ Accordingly, under the authority
Authority for this Rulemaking delegated to me by the Administrator,
proposed to amend 14 CFR part 39 with
an AD for all AvCraft Dornier Model Title 49 of the United States Code the FAA amends 14 CFR part 39 as
328–100 airplanes. That action, specifies the FAA’s authority to issue follows:
published in the Federal Register on rules on aviation safety. Subtitle I,
Section 106, describes the authority of PART 39—AIRWORTHINESS
April 26, 2005 (70 FR 21344), proposed DIRECTIVES
to require modifying the electrical the FAA Administrator. Subtitle VII,
wiring of the fuel pumps; installing Aviation Programs, describes in more ■ 1. The authority citation for part 39
insulation at the hand flow control and detail the scope of the Agency’s continues to read as follows:
shut-off valves, and other components authority.
We are issuing this rulemaking under Authority: 49 U.S.C. 106(g), 40113, 44701.
of the environmental control system;
and installing markings at fuel wiring the authority described in Subtitle VII, § 39.13 [Amended]
harnesses. That action also proposed to Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that ■ 2. The FAA amends § 39.13 by adding
require revising the Airworthiness
section, Congress charges the FAA with the following new airworthiness
Limitations section of the Instructions
promoting safe flight of civil aircraft in directive (AD):
for Continued Airworthiness to
incorporate new inspections of the fuel air commerce by prescribing regulations 2005–13–24 AvCraft Aerospace GmbH
tank system. for practices, methods, and procedures (Formerly Fairchild Dornier GmbH):
the Administrator finds necessary for Amendment 39–14161. Docket No.
Comments safety in air commerce. This regulation FAA–2005–21053; Directorate Identifier
We provided the public the is within the scope of that authority 2005–NM–053–AD.
opportunity to participate in the because it addresses an unsafe condition Effective Date
development of this AD. No comments that is likely to exist or develop on (a) This AD becomes effective July 29,
have been submitted on the proposed products identified in this rulemaking 2005.
AD or on the determination of the cost action.
Affected ADs
to the public. Regulatory Findings (b) None.
Explanation of Changes to Applicability We have determined that this AD will
and Reference Service Bulletin Applicability
not have federalism implications under
Executive Order 13132. This AD will (c) This AD applies to all AvCraft Dornier
We have revised the applicability of Model 328–100 airplanes, certificated in any
the proposed AD to identify model not have a substantial direct effect on category.
designations as published in the most the States, on the relationship between
recent type certificate data sheet for the the national government and the States, Unsafe Condition
affected models. We also have revised or on the distribution of power and (d) This AD was prompted by the results
the airplane manufacturer’s name of the responsibilities among the various of fuel system reviews conducted by the
referenced service bulletin, Dornier levels of government. airplane manufacturer. We are issuing this
Service Bulletin SB–328–00–445, dated For the reasons discussed above, I AD to reduce the potential of ignition sources
certify that this AD: inside fuel tanks, which, in combination with
August 23, 2004, to ‘‘AvCraft.’’ flammable fuel vapors, could result in fuel
(1) Is not a ‘‘significant regulatory
Conclusion tank explosions and consequent loss of the
action’’ under Executive Order 12866;
airplane.
We have carefully reviewed the (2) Is not a ‘‘significant rule’’ under
available data and determined that air DOT Regulatory Policies and Procedures Compliance
safety and the public interest require (44 FR 11034, February 26, 1979); and (e) You are responsible for having the
adopting the AD with the changes (3) Will not have a significant actions required by this AD performed within
described previously. We have economic impact, positive or negative, the compliance times specified, unless the
determined that these changes will on a substantial number of small entities actions have already been done.
neither increase the economic burden under the criteria of the Regulatory Modification and Installations
on any operator nor increase the scope Flexibility Act.
(f) Within 12 months after the effective
of the AD. We prepared a regulatory evaluation date of this AD, do the actions in Table 1 of
of the estimated costs to comply with this AD in accordance with the
Costs of Compliance this AD. See the ADDRESSES section for Accomplishment Instructions of AvCraft
This AD will affect about 6 airplanes a location to examine the regulatory Service Bulletin SB–328–00–445, dated
of U.S. registry. The required actions evaluation. August 23, 2004.
TABLE 1.—REQUIREMENTS
Do the following actions— By accomplishing all the actions specified in—
(1) Modify the electrical wiring of the left-hand and right-hand fuel pumps ................................... Paragraph 2.B(1) of the service bulletin.
(2) Install insulation at the left-hand and right-hand flow control and shut-off valves, and other Paragraph 2.B(2) of the service bulletin.
components of the environmental control system.
(3) Install markings at fuel wiring harnesses .................................................................................. Paragraph 2.B(3) of the service bulletin.
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36472 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
Revision to Airworthiness Limitations FAA, has the authority to approve AMOCs 552(a) and 1 CFR part 51. To get copies of
(g) Within 12 months after the effective for this AD, if requested in accordance with the service information, contact AvCraft
date of this AD, revise the Airworthiness the procedures found in 14 CFR 39.19. Aerospace GmbH, P.O. Box 1103, D–82230
Limitations section of the Instructions for Related Information Wessling, Germany. To view the AD docket,
Continued Airworthiness by inserting a copy go to the Docket Management Facility, U.S.
of Dornier Temporary Revision ALD–080, (i) German airworthiness directive D–
Department of Transportation, 400 Seventh
dated October 15, 2003, into the Dornier 328 2005–001, dated January 26, 2005, also
Street SW, room PL–401, Nassif Building,
Airworthiness Limitations Document. addresses the subject of this AD.
Washington, DC. To review copies of the
Thereafter, except as provided in paragraph Material Incorporated by Reference
(h) of this AD, no alternative inspection service information, go to the National
intervals may be approved for this fuel tank (j) You must use the service information Archives and Records Administration
system. specified in Table 2 of this AD to perform the (NARA). For information on the availability
actions that are required by this AD, unless of this material at the NARA, call (202) 741–
Alternative Methods of Compliance the AD specifies otherwise. The Director of 6030, or go to http://www.archives.gov/
(AMOCs) the Federal Register approves the federal_register/code_of_federal_regulations/
(h) The Manager, International Branch, incorporation by reference of these ibr_locations.html.
ANM–116, Transport Airplane Directorate, documents in accordance with 5 U.S.C.
AvCraft Service Bulletin SB–328–00–445, including Price Information Sheet ........................................................................... August 23, 2004.
Dornier Temporary Revision ALD–080 ....................................................................................................................................... October 15, 2003.
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