Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 60949

2004–05 crop year as a percentage of 

total grower revenue could range 

between .7 and 2.1 percent. 

This action increases the assessment 

obligation imposed on handlers under 

the Federal marketing order. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs 

would be offset by the benefits derived 

by the operation of the marketing order. 

In addition, the committee’s meeting 

was widely publicized throughout the 

California date industry and all 

interested persons were invited to 

attend the meeting and participate in 

committee deliberations on all issues. 

Like all committee meetings, the June 

30, 2004, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California date 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 16, 2004 (69 FR 

50339). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all date handlers. Finally, the proposal 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. A 30-day comment period 

ending September 15, 2004, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http//www.ams.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined that good cause exists 

for not postponing the effective date of 

the rule until 30 days after publication 

in the Federal Register because the 

2004–05 crop year begins October 1, 

2004, and the marketing order requires 

that the rate of assessment for each crop 

year apply to assessable dates handled 

during such period. The committee 

needs to have sufficient funds to pay its 

expenses which are incurred on a 

continuous basis. Further, handlers are 

aware of this rule which was 

unanimously recommended at a public 

meeting. Also, a 30-day comment period 

was provided for in the proposed rule, 

and no comments were received.

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements.

■ For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows:

PART 987—DOMESTIC DATES 

PRODUCED OR PACKED IN 

RIVERSIDE COUNTY, CALIFORNIA

■ 1. The authority citation for 7 CFR part 

987 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Section 987.339 is revised to read as 

follows:

§ 987.339 Assessment rate. 

On and after October 1, 2004, an 

assessment rate of $0.85 per 

hundredweight is established for 

California dates.

Dated: October 7, 2004. 

Kenneth C. Clayton, 

Associate Administrator, Agricultural 

Marketing Service.

[FR Doc. 04–23042 Filed 10–13–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–CE–56–AD; Amendment 

39–13815; AD 2004–20–10] 

RIN 2120–AA64 

Airworthiness Directives; Valentin 

GmbH & Co. Taifun 17E Sailplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for all 

Valentin GmbH & Co. Taifun 17E 

sailplanes. This AD requires you to do 

an operational check of the front winglocking mechanism left and right, 

inspect stop key movement, inspect 

wing and fuselage side root ribs, inspect 

the wing side shear force fittings, and 

take any corrective actions that may be 

required. This AD is the result of 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Germany. 

We are issuing this AD to detect and 

correct malfunction of wing-locking 

mechanism, which could result in 

failure of the wing-locking mechanism 

disengagement. This failure could lead 

to unlocking of wing in flight and 

consequent loss of control of the 

sailplane.

DATES: This AD becomes effective on 

November 24, 2004. 

As of November 24, 2004, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation.

ADDRESSES: You may get the service 

information identified in this AD from 

KORFF + CO.KG, Dieselstrasse 5, D–

63128 Dietzenbach, Germany. 

You may view the AD docket at FAA, 

Central Region, Office of the Regional 

Counsel, Attention: Rules Docket No. 

2003–CE–56–AD, 901 Locust, Room 

506, Kansas City, Missouri 64106. Office 

hours are 8 a.m. to 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Gregory M. Davison, Aerospace 

Engineer, Small Airplane Directorate, 

ACE–112, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone: 

816–329–4130; facsimile: 816–329–

4090.

SUPPLEMENTARY INFORMATION: 

Discussion 

What events have caused this AD?

The Luftfahrt-Bundesamt (LBA), which 

is the airworthiness authority for 

Germany, recently notified FAA that an 

unsafe condition may exist on all 

Valentin GmbH & Co. Taifun 17E 

sailplanes. The LBA reports that during 

an investigation, an incorrect locked 

shear force fitting was found. 

What is the potential impact if FAA 

took no action? Malfunction of winglocking mechanism could result in 

failure of the wing attachment assembly. 

This failure could lead to unlocking of 

wing in flight and consequent loss of 

control of the sailplane. 

Has FAA taken any action to this 

point? We issued a proposal to amend 

part 39 of the Federal Aviation 

Regulations (14 CFR part 39) to include 

an AD that would apply to all Valentin 

GmbH & Co. Taifun 17E sailplanes. This 

proposal was published in the Federal 

Register as a notice of proposed 

60950 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

rulemaking (NPRM) on April 22, 2004 

(69 FR 21771). The NPRM proposed to 

require you to do an operational check 

of the front wing-locking mechanism 

left and right, inspect stop key 

movement, inspect wing and fuselage 

side root ribs, inspect the wing side 

shear force fittings, and take any 

corrective actions that may be required. 

Comments 

Was the public invited to comment?

We provided the public the opportunity 

to participate in developing this AD. We 

received no comments on the proposal 

or on the determination of the cost to 

the public. 

Conclusion 

What is FAA’s final determination on 

this issue? We have carefully reviewed 

the available data and determined that 

air safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections:

—Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

—Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Changes to 14 CFR Part 39—Effect on 

the AD 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, the 

FAA published a new version of 14 CFR 

part 39 (67 FR 47997, July 22, 2002), 

which governs the FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Costs of Compliance 

How many sailplanes does this AD 

impact? We estimate that this AD affects 

25 sailplanes in the U.S. registry. 

What is the cost impact of this AD on 

owners/operators of the affected 

sailplanes? We estimate the following 

costs to accomplish the inspections:

Labor cost Parts cost Total cost per 

sailplane 

Total cost

on U.S.

operators 

2 work hours × $65 per hour = $130 ............................................. No parts needed for inspection .................. $130 $3,250 

We estimate the following costs to 

accomplish replacement of the stop key 

F1–1300 that will be required based on 

the results of the inspections. We have 

no way of determining the number of 

sailplanes that may need the stop key 

F1–1300 replaced or the number of 

sailplanes that may need additional 

repair because of abrasion. We also do 

not know the cost that will be associated 

with any abrasion repair:

Labor cost Parts cost Total cost

per sailplane 

3 workhours × $65 per hour = $195 ........................................... $16 each × 2 (2 are required) = $32 ......................................... $227 

Regulatory Findings 

Will this AD impact various entities?

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct 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. 

Will this AD involve a significant rule 

or regulatory action? For the reasons 

discussed above, I certify that this AD: 

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. 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. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES.

Include ‘‘AD Docket No. 2003–CE–56–

AD’’ in your request.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under 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. FAA amends § 39.13 by adding a 

new AD to read as follows:

2004–20–10 Valentin GmbH & Co.:

Amendment 39–13815; Docket No. 

2003–CE–56–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on 

November 24, 2004. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Sailplanes Are Affected by This AD? 

(c) This AD affects the following sailplane 

models and serial numbers that are 

certificated in any category: Valentin GmbH 

& Co. Taifun 17E, all serial numbers are 

affected except those where Service Bulletin 

23–818 has been complied with. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of an incorrectly 

locked shear force fitting, which may have 

caused wing-locking mechanism 

disengagement. The actions specified in this 

AD are intended to detect and correct 

malfunction of the wing-locking mechanism, 

which could result in failure of the wing 

attachment assembly. This failure could lead 

to unlocking of wing in flight and subsequent 

loss of control of the sailplane. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 60951

Actions Compliance Procedures 

(1) Perform the following actions with the 

motor glider rigged..

(i) An operational check of the front wing locking mechanism left and right for damage, 

deformation, and smooth operation over full 

travel range. 

(ii) A visual inspection through the operation 

hole on the bottom side of the wings, ensure the bolt (item 3 of drawing F1–1340) is 

in the fully locked front position. Confirm a 

fully locked position by withdrawal of the 

signal pin (Item 15 and Item 11 of drawing 

F1–1340) into the wing’s upper surface and 

ensure the pin is level with that surface. 

While in this full front stop position, measure 

the potential movement of the bolt. If residual movement of 2mm or greater exists, replace the stop key (Item 25 of drawing F1–

1340). 

Inspect within 25 hours time-in-service (TIS) 

after November 24, 2004 (the effective 

date of this AD). Repetitively inspect every 

25 hours TIS thereafter.

Inspect following the Korff + CO.KG Service 

Bulletin SB–KOCO 03/818, dated December 12, 2002 (German LBA approved December 20, 2002).

(2) Perform the following actions with the 

motor glider derigged.

(i) An operational check of the front wing locking mechanism left and right for damage, 

deformation, and smooth operation over full 

travel range. 

(ii) A visual inspection of the motor glider for 

stop key movement. You should not be able 

to move the stop key by hand more than 

2mm backwards in the full locked front position. 

Inspect within 25 hours TIS after November 

24, 2004 (the effective date of this AD). 

Repetitively inspect every 25 hours TIS 

thereafter.

Inspect following the Korff + CO.KG Service 

Bulletin SB–KOCO 03/818, dated December 12, 2002 (German LBA approved December 20, 2002).

(3) If deficiencies are found during the inspections required in paragraphs (e)(1) and 

(e)(2), correct, repair, or replace the defective parts.

Do corrective actions prior to further flight ..... Correct, repair, or replace defective parts following the Korff + CO.KG Service Bulletin 

SB–KOCO 03/818, dated December 12, 

2002 (German LBA approved December 

20, 2002).

(4) Perform the following inspections, and if 

any of the following conditions are found, 

contact the manufacturer at the address 

specified in paragraph (g) of this AD for 

FAA-approved corrective action and perform 

the corrective action. You must send a copy 

of correspondence you send to the manufacturer to the FAA at the address in paragraph (f).

(i) Inspect the wing side shear force fittings for 

abrasion, deformation, and correct screwing 

to the root rib. 

(ii) Inspect the wing and fuselage side root 

ribs for damage (delamination) and around 

all fittings (shear force fittings, wing connection studs, wing connection bushings, connection to the telescopic rods, rear center 

studs and bushings). Inspect for defective 

bonding to the shells as well as defective 

connections to the spar or the wing spar 

box. 

Inspect within 25 hours TIS after November 

24, 2004 (the effective date of this AD). 

Repetitively inspect every 25 hours TIS 

thereafter. Perform corrective action prior 

to further flight.

Inspect following the Korff + CO.KG Service 

Bulletin SB–KOCO 03/818, dated December 12, 2002 (German LBA approved December 20, 2002).

(5) When corrective action or maintenance is 

done, do an operational check of the motor 

glider in the rigged and derigged configuration.

After corrective action or maintenance is 

done, you must do the operational check 

prior to further flight.

Do the operational check following the Korff + 

CO.KG Service Bulletin SB–KOCO 03/818, 

dated December 12, 2002 (German LBA 

approved December 20, 2002).

Note: We recommend that you make the 

‘‘Flight Manual’’ and ‘‘Instructions for 

Continued Airworthiness’’ changes that are 

listed under Actions: 5. of Korff + CO.KG 

Service Bulletin SB–KOCO 03/818, dated 

December 12, 2002 (German LBA approved 

December 20, 2002).

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, FAA, Small 

Airplane Directorate, 901 Locust, Room 301, 

Kansas City, Missouri 64106. For information 

on any already approved alternative methods 

of compliance, contact Gregory M. Davison, 

Aerospace Engineer, Small Airplane 

Directorate, ACE–112, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone: 816–

329–4130; facsimile: 816–329–4090. 

60952 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in Korff + 

CO.KG Service Bulletin SB–KOCO 03/818, 

dated December 12, 2002 (German LBA 

approved December 20, 2002). The Director 

of the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. You may get a copy from 

KORFF + CO.KG, Dieselstrasse 5, D–63128 

Dietzenbach, Germany. You may review 

copies at FAA, Central Region, Office of the 

Regional Counsel, 901 Locust, Room 506, 

Kansas City, Missouri 64106; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Is There Other Information That Relates to 

This Subject? 

(h) LBA airworthiness directive 2003–051, 

dated January 29, 2003; and 

Korff + CO.KG Service Bulletin SB–KOCO 

03/818, dated December 20, 2002, also 

address the subject of this AD.

Issued in Kansas City, Missouri, on 

September 29, 2004. 

Dorenda D. Baker, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–22715 Filed 10–13–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 86–ANE–7; Amendment 39–

13822; AD 2004–21–01] 

RIN 2120–AA64 

Airworthiness Directives; Hartzell 

Propeller Inc. (formerly Hartzell 

Propeller Products Division) Model 

HC–B5MP–3( )/M10282A( )+6 Five 

Bladed Propellers

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing AD for certain Hartzell 

Propeller Inc. (formerly Hartzell 

Propeller Products Division) Model HC–

B5MP–3()/M10282A()+6 five bladed 

propellers. That AD currently requires 

initial and repetitive torque check 

inspections on the attach bolts on 

certain model Hartzell HC–B5MP–3 five 

bladed propellers, and replacement of 

attach bolts if necessary. This AD 

requires the same inspections, but 

reduces compliance time for the initial 

inspection on certain Short Brothers 

Ltd. Model SD3–30 airplanes to before 

further flight and within 100 hours 

time-in-service for propellers installed 

on certain Aerospatiale (Nord) Model 

262A airplanes. This AD also requires 

repetitive torque check inspections at 

reduced intervals on SD3–30 airplanes, 

and requires additional visual 

inspections of mounting flanges, and 

threads in hub bolt holes, and 

replacement of attach bolts and hubs, if 

necessary. This AD results from four 

reports in the last 12 months of eleven 

cracked or failed propeller attach bolts 

on Short Brothers Model SD3–30 

airplanes. We are issuing this AD to 

prevent propeller separation from the 

airplane.

DATES: Effective October 19, 2004. The 

Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the 

regulations as of October 19, 2004. 

We must receive any comments on 

this AD by December 13, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• By mail: Federal Aviation 

Administration (FAA), New England 

Region, Office of the Regional Counsel, 

Attention: Rules Docket No. 86–ANE–7, 

12 New England Executive Park, 

Burlington, MA 01803–5299. 

• By fax: (781) 238–7055. 

• By e-mail: 9-aneadcomment@faa.gov. 

You can get the service information 

referenced in this AD from Hartzell 

Propeller Inc. Technical Publications 

Department, One Propeller Place, Piqua, 

OH 45356; telephone (937) 778–4200; 

fax (937) 778–4391. 

You may examine the AD docket, by 

appointment, at the FAA, New England 

Region, Office of the Regional Counsel, 

12 New England Executive Park, 

Burlington, MA. You may examine the 

service information, by appointment, at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington, MA; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Tomaso DiPaolo, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

FAA, Small Airplane Directorate, 2300 

East Devon Avenue, Des Plaines, IL 

60018; telephone: (847) 294–7031; fax: 

(847) 294–7834.

SUPPLEMENTARY INFORMATION: On March 

7, 1986, the FAA issued AD 86–06–02, 

Amendment 39–5259 (51 FR 10613, 

March 28, 1986). That AD requires 

initial and repetitive torque check 

inspections on the attach bolts on 

certain model Hartzell HC–B5MP–3 five 

bladed propellers installed on 

Aerospatiale (Nord) Model 262A 

airplanes modified by Supplemental 

Type Certificate (STC) SA2369SW, and 

Short Brothers Ltd. Model SD3–30 

airplanes. Some SD3–30 airplanes are 

military surplus C23–A Sherpas 

airplanes. That AD was the result of 

investigations that revealed fretting 

wear between the engine and propeller 

mating flanges. The fretting wear results 

in loss of attach bolt preload, causing 

failure of the attach bolts. That 

condition, if not corrected, could result 

in propeller separation from the 

airplane. 

Actions Since AD 86–06–02 Was Issued 

Since February 2004, we received four 

reports of failed propeller attach bolts, 

part number (P/N) B–3339: 

• In February 2004, an operator 

reported a cracked Hartzell propeller 

attach bolt. The operator discarded the 

bolt and we could not perform a 

metallurgical investigation on the bolt.

• In June of 2004, another operator 

reported two broken propeller attach 

bolts. Both bolts were examined and one 

was selected for metallurgical 

investigation. This bolt was found to 

meet type design. 

• In September of 2004, the 

Milwaukee Flight Standards District 

Office informed us that they received an 

operator’s report of seven cracked or 

failed propeller attach bolts. All seven 

bolts were installed on the same 

propeller, and were found after a pilot 

reported problems with engine controls. 

We contacted Hartzell for assistance in 

investigating the bolt failure. The 

propeller hub and engine flange are 

being investigated for fretting, flatness, 

and thread damage. 

• In late September of 2004, during 

the review of the maintenance history of 

one of the above propellers, we found a 

fourth event of a cracked propeller 

attach bolt. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of Hartzell Alert 

Service Bulletin (ASB) A203A, dated 

January 5, 1995, that describes 

procedures for performing initial and 

repetitive inspections of attach bolts and 

if necessary, visual inspections of 

propeller mounting flanges.