Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Proposed Rules 59557

§ 923.22 Nomination.

* * * * *

(b) * * * 

(4) The grower and handler members 

of the committee shall nominate the 

public member and alternate public 

member at the first meeting following 

the selection of members for a new term 

of office. 

5. In § 923.41, paragraph (c) is 

redesignated as paragraph (d) and a new 

paragraph (c) is added to read as 

follows:

§ 923.41 Assessments.

* * * * *

(c) Based upon a recommendation of 

the committee or other available 

information, the Secretary shall fix the 

rate of assessment that handlers shall 

pay on all cherries handled during each 

fiscal period, and may also fix 

supplemental rates of assessment on 

individual varieties or subvarieties to 

secure sufficient funds to provide for 

projects authorized under § 923.45. At 

any time during the fiscal period when 

it is determined on the basis of a 

committee recommendation or other 

information that a different rate is 

necessary for all cherries or for any 

varieties or subvarieties, the Secretary 

may modify a rate of assessment and 

such new rate shall apply to any or all 

varieties or subvarieties that are shipped 

during the fiscal period.

* * * * *

6. A new § 923.43 is added to read as 

follows:

§ 923.43 Contributions. 

The committee may accept voluntary 

contributions but these shall only be 

used to pay expenses incurred pursuant 

to § 923.45. Furthermore, such 

contributions shall be free from any 

encumbrances by the donor and the 

committee shall retain complete control 

of their use. 

7. Section § 923.45 is revised to read 

as follows:

§ 923.45 Production and marketing 

research, promotion and market 

development. 

The committee, with the approval of 

the Secretary, may establish or provide 

for the establishment of projects 

involving production research, 

marketing research and development, 

and marketing promotion, including 

paid advertising, designed to assist, 

improve, or promote the marketing, 

distribution, consumption or efficient 

production of cherries. The expense of 

such projects shall be paid from funds 

collected pursuant to §§ 923.41 and 

923.43. 

8. Section 923.64 is amended by: 

A. Revising paragraph (c). 

B. Redesignating paragraph (d) as 

paragraph (e). 

C. Adding a new paragraph (d). 

The revisions read as follows:

§ 923.64 Termination.

* * * * *

(c) The Secretary shall terminate the 

provisions of this part whenever it is 

found that such termination is favored 

by a majority of growers who, during a 

representative period, have been 

engaged in the production of cherries: 

Provided, that such majority has, during 

such representative period, produced 

for market more than 50 percent of the 

volume of such cherries produced for 

market. 

(d) The Secretary shall conduct a 

referendum six years after the effective 

date of this section and every sixth year 

thereafter, to ascertain whether 

continuance of this subpart is favored 

by growers. The Secretary may 

terminate the provisions of this subpart 

at the end of any fiscal period in which 

the Secretary has found that 

continuance of this subpart is not 

favored by growers who, during a 

representative period determined by the 

Secretary, have been engaged in the 

production of cherries in the production 

area.

* * * * *

Dated: September 29, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–22303 Filed 10–4–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–16–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B2 and B4 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to all Airbus Model 

A300 B2 and B4 series airplanes, that 

would have superseded an existing AD 

that currently requires determining the 

part and amendment numbers of the 

variable lever arm (VLA) of the rudder 

control system to verify that the parts 

were installed using the correct 

standard, and corrective actions if 

necessary. For certain VLAs, the 

proposed AD would also have required 

repetitive inspections for damage, and 

replacement with a new VLA if 

necessary. This new action revises the 

proposed AD by mandating a 

terminating modification of the VLA, 

which would end the repetitive 

inspections. This new action also 

changes the applicability in the 

proposed AD. The actions specified by 

this new proposed AD are intended to 

prevent failure of both spring boxes of 

certain VLAs due to corrosion damage, 

which could result in loss of rudder 

control and consequent reduced 

controllability of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

October 26, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2003–NM–

16–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2003–NM–16–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Airbus, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France. This 

information may be examined at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington.

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

59558 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Proposed Rules 

they may desire. Communications shall 

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, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed 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 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2003–NM–16–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2003–NM–16–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

A proposal to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) to add an airworthiness 

directive (AD), applicable to all Airbus 

Model A300 B2 and B4 series airplanes, 

was published as a notice of proposed 

rulemaking (NPRM) (hereafter referred 

to as the ‘‘original NPRM’’) in the 

Federal Register on May 3, 2004 (69 FR 

24097). The original NPRM proposed to 

supersede AD 2001–22–02, amendment 

39–12481 (66 FR 54416, October 29, 

2001), which is applicable to certain 

Airbus Model A300 B2 and B4 series 

airplanes. That original NPRM would 

have continued to require determining 

the part and amendment number of the 

variable lever arm (VLA) of the rudder 

control system to verify the parts were 

installed using the correct standard, and 

corrective actions if necessary. For 

certain VLAs, the original NPRM would 

have added repetitive inspections for 

damage, and replacement with a new 

VLA if necessary. The original NPRM 

would also have provided an optional 

action to replace the VLA with a new 

VLA, which would constitute 

terminating action for the repetitive 

inspections. The original NPRM was 

prompted by a new inspection program 

developed by the manufacturer that 

introduces a repetitive inspection of 

VLAs that are equipped with spring 

boxes having certain part numbers. 

Failure of both spring boxes of certain 

VLAs due to corrosion damage could 

result in loss of rudder control and 

consequent reduced controllability of 

the airplane. 

In the preamble to the original NPRM, 

the FAA indicated that the actions 

required by that NPRM were considered 

‘‘interim action’’ and that further 

rulemaking action was being 

considered. We have now determined 

that further rulemaking is indeed 

necessary, and this supplemental NPRM 

follows from that determination. 

Actions Since Issuance of Original 

NPRM 

Since the issuance of the original 

NPRM, the Direction Ge ́ne ́rale de 

l’Aviation Civile (DGAC), which is the 

airworthiness authority for France, 

issued French airworthiness directive 

2004–091(B), dated June 23, 2004. The 

French airworthiness directive 

mandates modification of the VLA, 

which ends the repetitive inspections 

required by French airworthiness 

directive 2003–006(B), dated January 8, 

2003 (referenced in the original NPRM). 

The revised French airworthiness 

directive supersedes French 

airworthiness directive F–2003–006(B).

Explanation of Relevant Service 

Information 

Airbus has issued Service Bulletin 

A300–27–0198, dated December 1, 

2003, which describes procedures for 

modification of the VLA of the rudder 

control system. The modification 

includes installation of new, improved 

spring boxes, and re-identification of 

certain placards. The service bulletin 

specifies that accomplishing the 

modification eliminates the need for the 

repetitive inspections specified in 

Airbus Service Bulletin A300–27–0196, 

Revision 01, dated November 13, 2002 

(which was referenced in the NPRM as 

the appropriate source of service 

information for accomplishment of the 

inspections and corrective actions). The 

service bulletin also describes 

procedures for a functional test of the 

VLA unit. The service bulletin 

references Goodrich Actuation Systems 

Service Bulletin 27–21–1H, dated 

December 8, 2003, as an additional 

source of service information for 

accomplishing the modification. 

Conclusion 

Since these changes expand the scope 

of the originally proposed rule, we have 

determined that it is necessary to reopen 

the comment period to provide 

additional opportunity for public 

comment. 

Cost Impact 

About 33 airplanes of U.S. registry 

would be affected by this proposed AD. 

The actions that are currently 

required by AD 2001–22–02, and 

retained in this proposed AD, take about 

1 work hour per airplane to accomplish, 

at an average labor rate of $65 per work 

hour. Based on these figures, the cost 

impact of the currently required actions 

on U.S. operators is estimated to be $65 

per airplane. 

The new inspection that would be 

required by the proposed AD would 

take about 1 work hour per airplane to 

accomplish, at an average labor rate of 

$65 per work hour. Based on these 

figures, the cost impact of the new 

inspections on U.S. operators is 

estimated to be $2,145, or $65 per 

airplane, per inspection cycle. 

The new modification that would be 

required by the proposed AD would 

take about 4 hours per airplane to 

accomplish, at an average labor rate of 

$65 per work hour. Required parts cost 

would be minimal. Based on these 

figures, the cost impact of the new 

modification on U.S. operators is 

$8,580, or $260 per airplane. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the proposed requirements of this AD 

action, and that no operator would 

accomplish those actions in the future if 

this AD were not adopted. The cost 

impact figures discussed in AD 

rulemaking actions represent only the 

time necessary to perform the specific 

actions actually required by the AD. 

These figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

The regulations proposed herein 

would not have a substantial direct 

Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Proposed Rules 59559

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that this proposed regulation (1) 

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under the DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) if 

promulgated, will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting the Rules Docket at the 

location provided under the caption 

ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend 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 

removing amendment 39–12481 (66 FR 

54416, October 29, 2001), and by adding 

a new airworthiness directive (AD), to 

read as follows:

Airbus: Docket 2003–NM–16–AD. 

Supersedes AD 2002–08–13, 

Amendment 39–12481.

Applicability: Model A300 B2 and B4 

series airplanes, certificated in any category; 

except those airplanes modified by Airbus 

Modification 12656. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of both spring boxes of 

the variable lever arm (VLA) due to corrosion 

damage, which could result in loss of rudder 

control and consequent reduced 

controllability of the airplane, accomplish 

the following: 

Restatement of the Requirements of AD 

2001–22–02 

(a) Within 10 days after November 13, 2001 

(the effective date of AD 2001–22–02, 

amendment 39–12481): Determine the part 

and amendment numbers of the VLA of the 

rudder control system to verify the parts were 

installed using the correct standard, in 

accordance with Airbus All Operators Telex 

(AOT) A300–27A0196, dated September 20, 

2001; or in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A300–27–0196, Revision 01, 

dated November 13, 2002. 

(1) If the part and amendment numbers 

shown are not correct, as specified in the 

AOT or the service bulletin, before further 

flight, do a detailed inspection of the VLA tie 

rod for damage (bent or ruptured rod) in 

accordance with the AOT or the service 

bulletin. 

(i) If the tie rod is damaged, replace the 

VLA with a new VLA in accordance with the 

AOT or the service bulletin. Such 

replacement ends the requirements of this 

paragraph. 

(ii) If the tie rod is not damaged, no further 

action is required by this paragraph. 

(2) If the part and amendment numbers 

shown are correct, no further action is 

required by this paragraph.

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

New Requirements of This AD 

(b) For airplanes having a VLA with any 

part number (P/N) other than 418473–20 or 

418473–200: Within 500 flight hours after the 

effective date of this AD, do a detailed 

inspection of the tie rod for damage (bent or 

ruptured rod), in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A300–27–0196, Revision 01, 

dated November 13, 2002. Repeat the 

inspection thereafter at intervals not to 

exceed 1,000 flight hours, until paragraph (f) 

of this AD has been accomplished. 

Replacement or Repair 

(c) If any damage is found to the VLA or 

the rudder control system during any 

inspection required by paragraph (a)(1) or (b) 

of this AD, before further flight, replace the 

VLA with a new VLA (including a follow-up 

test) in accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A300–

27–0196, Revision 01, dated November 13, 

2002. 

Actions Accomplished in Accordance With 

Previous Issue of the Service Bulletin 

(d) Actions accomplished before the 

effective date of this AD in accordance with 

Airbus Service Bulletin A300–27–0196, 

dated September 20, 2002, are considered 

acceptable for compliance with the 

corresponding actions specified in 

paragraphs (a), (b), and (c) of this AD. 

No Reporting/Parts Return Requirements 

(e) Although Airbus Service Bulletin 

A300–27–0196, Revision 01, dated November 

13, 2002, describes procedures for submitting 

certain information to the manufacturer, and 

for returning certain parts to the 

manufacturer, this AD does not require those 

actions. 

Terminating Modification 

(f) Within 24 months after the effective 

date of this AD: Modify the applicable VLA, 

as required by either paragraph (f)(1) or (f)(2) 

of this AD, by doing all the applicable actions 

in accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A300–

27–0198, dated December 1, 2003. 

Accomplishing this modification ends the 

repetitive inspections required by paragraph 

(b) of this AD. 

(1) For any VLA having a spring box with 

P/N 418473–20 or 418473–200: Install a new 

identification plate and re-identify the VLA. 

(2) For any VLA having a spring box with 

P/N 418473 or 418473–100: Modify the 

spring box and re-identify the VLA.

Note 2: Airbus Service Bulletin A300–27–

0198, dated December 1, 2003, references 

Goodrich Actuation Systems Service Bulletin 

27–21–1H, Revision 3, dated December 8, 

2003, as an additional source of service 

information for accomplishing the 

modification.

Alternative Methods of Compliance 

(g) In accordance with 14 CFR 39.19, the 

Manager, International Branch, FAA, ANM–

116, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD.

Note 3: The subject of this AD is addressed 

in French airworthiness directive F–2004–

091(B), dated June 23, 2004.

Issued in Renton, Washington, on 

September 29, 2004. 

Kalene C. Yanamura, 

Acting Manager, , Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–22356 Filed 10–4–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19245; Directorate 

Identifier 2004–NM–108–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, –500, –600, –700, 

–700C, –800 and –900 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.