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Federal Register / Vol. 70, No.

34 / Tuesday, February 22, 2005 / Proposed Rules 8547

increased from $12.18 to $15.68, the List of Subjects in 7 CFR Part 932 • DOT Docket Web Site: Go to
estimated assessment revenue is Marketing agreements, Olives, http://dms.dot.gov and follow the
expected to be approximately 2.33 Reporting and record keeping instructions for sending your comments
percent of grower revenue. requirements. electronically.
This action would increase the For the reasons set forth in the • Government-wide Rulemaking Web
assessment obligation imposed on preamble, 7 CFR part 932 is proposed to Site: Go to http://www.regulations.gov
handlers. While assessments impose be amended as follows: and follow the instructions for sending
some additional costs on handlers, the your comments electronically.
costs are minimal and uniform on all PART 932—OLIVES GROWN IN • Mail: Docket Management Facility,
handlers. Some of the additional costs CALIFORNIA U.S. Department of Transportation, 400
may be passed on to producers. Seventh Street SW., Nassif Building,
1. The authority citation for 7 CFR room PL–401, Washington, DC 20590.
However, these costs are offset by the part 932 continues to read as follows: • By Fax: (202) 493–2251.
benefits derived by the operation of the
Authority 7 U.S.C. 601–674. • Hand Delivery: Room PL–401 on
marketing order. In addition, the
2. Section 932.230 is revised to read the plaza level of the Nassif Building,
committee’s meeting was widely
as follows: 400 Seventh Street SW., Washington,
publicized throughout the California
DC, between 9 a.m. and 5 p.m., Monday
olive industry and all interested persons
§ 932.230 Assessment rate. through Friday, except Federal holidays.
were invited to attend the meeting and
On and after January 1, 2005, an For service information identified in
participate in committee deliberations
assessment rate of $15.68 per ton is this proposed AD, contact AvCraft
on all issues. Like all committee
established for California olives. Aerospace GmbH, P.O. Box 1103, D–
meetings, the December 13, 2004, 82230 Wessling, Germany.
meeting was a public meeting and all Dated: February 15, 2005.
You can examine the contents of this
entities, both large and small, were able Kenneth C. Clayton,
AD docket on the Internet at http://
to express views on this issue. Finally, Acting Administrator, Agricultural Marketing
dms.dot.gov, or in person at the Docket
interested persons are invited to submit Service.
Management Facility, U.S. Department
information on the regulatory and [FR Doc. 05–3234 Filed 2–18–05; 8:45 am]
of Transportation, 400 Seventh Street
informational impacts of this action on BILLING CODE 3410–02–M
SW., room PL–401, on the plaza level of
small businesses. the Nassif Building, Washington, DC.
This proposed rule would impose no This docket number is FAA–2005–
DEPARTMENT OF TRANSPORTATION
additional reporting or recordkeeping 20414; the directorate identifier for this
requirements on California olive Federal Aviation Administration docket is 2004–NM–116–AD.
handlers. As with all Federal marketing FOR FURTHER INFORMATION CONTACT: Dan
order programs, reports and forms are 14 CFR Part 39 Rodina, Aerospace Engineer,
periodically reviewed to reduce International Branch, ANM–116, FAA,
information requirements and [Docket No. FAA–2005–20414; Directorate
Identifier 2004–NM–116–AD] Transport Airplane Directorate, 1601
duplication by industry and public Lind Avenue, SW., Renton, Washington
sector agencies. RIN 2120–AA64 98055–4056; telephone (425) 227–2125;
USDA has not identified any relevant fax (425) 227–1149.
Airworthiness Directives; Dornier
Federal rules that duplicate, overlap, or Model 328–300 Series Airplanes SUPPLEMENTARY INFORMATION:
conflict with this rule.
AGENCY: Federal Aviation Comments Invited
A small business guide on complying
with fruit, vegetable, and specialty crop Administration (FAA), Department of We invite you to submit any relevant
Transportation (DOT). written data, views, or arguments
marketing agreements and orders may
ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your
be viewed at: http://www.ams.usda.gov/
(NPRM). comments to an address listed under
fv/moab.html. Any questions about the
ADDRESSES. Include ‘‘Docket No. FAA–
compliance guide should be sent to Jay SUMMARY: The FAA proposes to adopt a 2005–20414; Directorate Identifier
Guerber at the previously mentioned new airworthiness directive (AD) for all 2004–NM–116–AD’’ at the beginning of
address in the FOR FURTHER INFORMATION Dornier Model 328–300 series airplanes. your comments. We specifically invite
CONTACT section. This proposed AD would require comments on the overall regulatory,
A 30-day comment period is provided installing an additional mounting angle economic, environmental, and energy
to allow interested persons to respond for the respective de-icing pipes at rib aspects of the proposed AD. We will
to this proposed rule. Thirty days is 9 in the leading edge area of the left- and consider all comments submitted by the
deemed appropriate because: (1) The right-hand wings. This proposed AD is closing date and may amend the
2005 fiscal year began on January 1, prompted by chafed de-icing lines in the proposed AD in light of those
2005, and the marketing order requires wing leading edge area. We are comments.
that the rate of assessment for each proposing this AD to prevent chafing of We will post all comments we
fiscal year apply to all assessable olives the de-icing lines, which could result in receive, without change, to http://
handled during such fiscal year; (2) the a reduction in functionality of the anti- dms.dot.gov, including any personal
committee needs sufficient funds to pay ice system, and possibly reduced information you provide. We will also
its expenses which are incurred on a controllability and performance of the post a report summarizing each
continuous basis; and (3) handlers are airplane in icing conditions. substantive verbal contact with FAA
aware of this action which was DATES: We must receive comments on personnel concerning this proposed AD.
unanimously recommended by the this proposed AD by March 24, 2005. Using the search function of our docket
committee at a public meeting and is ADDRESSES: Use one of the following Web site, anyone can find and read the
similar to other assessment rate actions addresses to submit comments on this comments in any of our dockets,
issued in past years. proposed AD. including the name of the individual

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8548 Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Proposed Rules

who sent the comment (or signed the LBA advises that, during inspections, FAA’s Determination and Requirements
comment on behalf of an association, de-icing lines were found chafed in the of the Proposed AD
business, labor union, etc.). You can leading edge area of the left- and right-
review the DOT’s complete Privacy Act hand wings. The chafing was caused by This airplane model is manufactured
Statement in the Federal Register insufficient clearance from the de-icing in Germany and is type certificated for
published on April 11, 2000 (65 FR lines to the adjacent airplane structure. operation in the United States under the
19477–78), or you can visit http:// This condition, if not corrected, could provisions of section 21.29 of the
dms.dot.gov. result in a reduction in functionality of Federal Aviation Regulations (14 CFR
the anti-ice system, and possibly 21.29) and the applicable bilateral
Examining the Docket
reduced controllability and performance airworthiness agreement. Pursuant to
You can examine the AD docket on of the airplane in icing conditions. this bilateral airworthiness agreement,
the Internet at http://dms.dot.gov, or in the LBA has kept the FAA informed of
person at the Docket Management Relevant Service Information the situation described above. We have
Facility office between 9 a.m. and 5
Dornier has issued Service Bulletin examined the LBA’s findings, evaluated
p.m., Monday through Friday, except
SB–328J–30–190, dated July 16, 2003. all pertinent information, and
Federal holidays. The Docket
Management Facility office (telephone The service bulletin describes determined that we need to issue an AD
(800) 647–5227) is located on the plaza procedures for installing an additional for products of this type design that are
level of the Nassif Building at the DOT mounting angle for the respective de- certificated for operation in the United
street address stated in the ADDRESSES icing pipes at rib 9 in the leading edge States.
section. Comments will be available in area of the left- and right-hand wings. Therefore, we are proposing this AD,
the AD docket shortly after the DMS Accomplishing the actions specified in which would require accomplishing the
receives them. the service information is intended to actions specified in the service
adequately address the unsafe information described previously.
Discussion condition. The LBA mandated the
The Luftfahrt-Bundesamt (LBA), service information and issued German Costs of Compliance
which is the airworthiness authority for airworthiness directive D–2004–049,
Germany, notified us that an unsafe dated February 1, 2004, to ensure the The following table provides the
condition may exist on all Dornier continued airworthiness of these estimated costs for U.S. operators to
Model 328–300 series airplanes. The airplanes in Germany. comply with this proposed AD.

ESTIMATED COSTS
Number
Average
Work Cost per of U.S.- Fleet
Action labor rate Parts
hours airplane registered cost
per hour airplanes

Installation ............................................................ 8 $65 $252 $772 49 $37,828

Authority for This Rulemaking implications under Executive Order The Proposed Amendment
13132. This proposed AD would not
Title 49 of the United States Code ■ Accordingly, under the authority
have a substantial direct effect on the
specifies the FAA’s authority to issue delegated to me by the Administrator,
States, on the relationship between the
rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part
national Government and the States, or
section 106, describes the authority of 39 as follows:
on the distribution of power and
the FAA Administrator. Subtitle VII,
responsibilities among the various
Aviation Programs, describes in more PART 39—AIRWORTHINESS
levels of government.
detail the scope of the Agency’s For the reasons discussed above, I DIRECTIVES
authority. certify that the proposed regulation:
We are issuing this rulemaking under 1. The authority citation for part 39
1. Is not a ‘‘significant regulatory
the authority described in subtitle VII, continues to read as follows:
action’’ under Executive Order 12866;
part A, subpart III, section 44701, 2. Is not a ‘‘significant rule’’ under the Authority: 49 U.S.C. 106(g), 40113, 44701.
‘‘General requirements.’’ Under that DOT Regulatory Policies and Procedures
section, Congress charges the FAA with § 39.13 [Amended]
(44 FR 11034, February 26, 1979); and
promoting safe flight of civil aircraft in 3. Will not have a significant 2. The FAA amends § 39.13 by adding
air commerce by prescribing regulations economic impact, positive or negative, the following new airworthiness
for practices, methods, and procedures on a substantial number of small entities directive (AD):
the Administrator finds necessary for under the criteria of the Regulatory Fairchild Dornier GMBH (Formerly Dornier
safety in air commerce. This regulation Flexibility Act. Luftfahrt GmbH): Docket No. FAA–
is within the scope of that authority We prepared a regulatory evaluation 2005–20414; Directorate Identifier 2004–
because it addresses an unsafe condition of the estimated costs to comply with NM–116–AD.
that is likely to exist or develop on this proposed AD. See the ADDRESSES Comments Due Date
products identified in this rulemaking section for a location to examine the
action. (a) The Federal Aviation Administration
regulatory evaluation. must receive comments on this AD action by
Regulatory Findings List of Subjects in 14 CFR Part 39 March 24, 2005.
We have determined that this Air transportation, Aircraft, Aviation Affected ADs
proposed AD would not have federalism safety, Safety. (b) None.

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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Proposed Rules 8549

Applicability require you to repetitively inspect each substantive verbal contact with
(c) This AD applies to all Dornier Model (using the eddy current methods) the FAA personnel concerning this
328–300 series airplanes, certificated in any two outboard holes in the lower wing proposed rulemaking. Using the search
category. spar caps for cracks and repair or function of our docket Web site, anyone
Unsafe Condition replace any cracked spar cap. This can find and read the comments
proposed AD results from fatigue received into any of our dockets,
(d) This AD was prompted by chafed de-
icing lines in the wing leading edge area. We cracking of the wing main spar lower including the name of the individual
are issuing this AD to prevent chafing of the cap at the centerline joint outboard who sent the comment (or signed the
de-icing lines, which could result in a fastener hole. We are issuing this comment on behalf of an association,
reduction in functionality of the anti-ice proposed AD to detect and correct business, labor union, etc.). This is
system, and possibly reduced controllability cracks in the wing main spar lower cap, docket number FAA–2004–20007. You
and performance of the airplane in icing which could result in failure of the spar may review the DOT’s complete Privacy
conditions. cap and lead to wing separation and loss Act Statement in the Federal Register
Compliance of control of the airplane. published on April 11, 2000 (65 FR
(e) You are responsible for having the DATES: We must receive any comments 19477–78) or you may visit http://
actions required by this AD performed within on this proposed AD by April 21, 2005. dms.dot.gov.
the compliance times specified, unless the ADDRESSES: Use one of the following to Are there any specific portions of this
actions have already been done. submit comments on this proposed AD: proposed AD I should pay attention to?
Installation • DOT Docket Web Site: Go to We specifically invite comments on the
(f) Within 90 days after the effective date http://dms.dot.gov and follow the overall regulatory, economic,
of this AD, install an additional mounting instructions for sending your comments environmental, and energy aspects of
angle at rib 9 in the leading edge area of the electronically. this proposed AD. If you contact us
left- and right-hand wings in accordance with • Government-wide Rulemaking Web through a nonwritten communication
the Accomplishment Instructions of Dornier Site: Go to http://www.regulations.gov and that contact relates to a substantive
Service Bulletin SB–328J–30–190, dated July and follow the instructions for sending part of this proposed AD, we will
16, 2003. your comments electronically. summarize the contact and place the
Alternative Methods of Compliance • Mail: Docket Management Facility; summary in the docket. We will
(AMOCs) U.S. Department of Transportation, 400 consider all comments received by the
(g) The Manager, International Branch, Seventh Street, SW., Nassif Building, closing date and may amend this
ANM–116, FAA, Transport Airplane Room PL–401, Washington, DC 20590– proposed AD in light of those comments
Directorate, has the authority to approve 001. and contacts.
AMOCs for this AD, if requested in • Fax: 1–202–493–2251.
accordance with the procedures found in 14 • Hand Delivery: Room PL–401 on Docket Information
CFR 39.19. the plaza level of the Nassif Building, Where can I go to view the docket
Related Information 400 Seventh Street, SW., Washington, information? You may view the AD
(h) German airworthiness directive D–
DC, between 9 a.m. and 5 p.m., Monday docket that contains the proposal, any
2004–049, dated February 1, 2004, also through Friday, except Federal holidays. comments received, and any final
addresses the subject of this AD. To get the service information disposition in person at the DMS Docket
identified in this proposed AD, contact Offices between 9 a.m. and 5 p.m.
Issued in Renton, Washington, on February
Air Tractor Inc.; P.O. Box 485, Olney, (eastern standard time), Monday
14, 2005.
Texas 76374; telephone: (800) 893– through Friday, except Federal holidays.
Ali Bahrami,
1420; facsimile: (701) 572–2602. The Docket Office (telephone 1–800–
Manager, Transport Airplane Directorate, To view the comments to this
Aircraft Certification Service. 647–5227) is located on the plaza level
proposed AD, go to http://dms.dot.gov. of the Department of Transportation
[FR Doc. 05–3286 Filed 2–18–05; 8:45 am] The docket number is FAA–2004– NASSIF Building at the street address
BILLING CODE 4910–13–P 20007. stated in ADDRESSES. You may also view
FOR FURTHER INFORMATION CONTACT: the AD docket on the Internet at
DEPARTMENT OF TRANSPORTATION Andrew McAnaul, Aerospace Engineer, http://dms.dot.gov. The comments will
ASW–150 (c/o MIDO–43), 10100 be available in the AD docket shortly
Federal Aviation Administration Reunion Place, Suite 650, San Antonio, after the DMS receives them.
Texas 78216; telephone: (210) 308–
Discussion
14 CFR Part 39 3365; facsimile: (210) 308–3370.
SUPPLEMENTARY INFORMATION: What events have caused this
[Docket No. FAA–2004–20007; Directorate
proposed AD? The FAA received a
Identifier 2004–CE–50–AD] Comments Invited report of fatigue cracking of the wing
RIN 2120–AA64 How do I comment on this proposed main spar lower cap at the centerline
AD? We invite you to submit any outboard fastener hole on one Air
Airworthiness Directives; Air Tractor written relevant data, views, or Tractor Model AT–602 airplane. The
Inc. Model AT–602 Airplanes arguments regarding this proposal. Send airplane had 2,895 hours time-in-service
AGENCY: Federal Aviation your comments to an address listed at the time the cracking was discovered.
Administration (FAA), DOT. under ADDRESSES. Include the docket The fatigue cracking was similar to that
ACTION: Notice of proposed rulemaking number, ‘‘FAA–2004–20007; Directorate found on Air Tractor Models AT–502,
(NPRM). Identifier 2004–CE–50–AD’’ at the AT–502A, and AT–502B airplanes. The
beginning of your comments. We will FAA previously issued AD 2002–26–05,
SUMMARY: The FAA proposes to adopt a post all comments we receive, without Amendment 39–12991 (68 FR 18,
new airworthiness directive (AD) for all change, to http://dms.dot.gov, including January 2, 2003), to address the
Air Tractor Inc. Model AT–602 any personal information you provide. condition on the Models AT–502, AT–
airplanes. This proposed AD would We will also post a report summarizing 502A, and AT–502B airplanes.

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