61758 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

and informational impacts of this action 

on small businesses. 

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. 

This rule invites comments on a 

revision to the salable quantity and 

allotment percentage for Native 

spearmint oil for the 2004–2005 

marketing year. A 60-day comment 

period is provided. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

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

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register

because: (1) This rule increases the 

quantity of Native spearmint oil that 

may be marketed during the marketing 

year which ends on May 31, 2005; (2) 

the current quantity of Native spearmint 

oil may be inadequate to meet demand 

for the remainder of the marketing year, 

thus making the additional oil available 

as soon as is practicable is beneficial to 

both handlers and producers; (3) the 

Committee unanimously recommended 

these changes at public meetings and 

interested parties had an opportunity to 

provide input; and (4) this rule provides 

a 60-day comment period and any 

comments received will be considered 

prior to finalization of this rule.

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil.

■ For the reasons set forth in the 

preamble, 7 CFR part 985 is amended as 

follows:

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST

■ 1. The authority citation for 7 CFR part 

985 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. In § 985.223, paragraph (b) is revised 

to read as follows:

Note: This section will not appear in the 

annual Code of Federal Regulations.

§ 985.223 Salable quantities and allotment 

percentages—2004–2005 marketing year.

* * * * *

(b) Class 3 (Native) oil—a salable 

quantity of 1,095,689 pounds and an 

allotment percentage of 51 percent.

Dated: October 15, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–23628 Filed 10–18–04; 4:40 pm] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–CE–02–AD; Amendment 

39–13827; AD 2004–21–06] 

RIN 2120–AA64 

Airworthiness Directives; deHavilland 

Inc. Models DHC–2 Mk. I and DHC–2 

Mk. II Airplanes and Bombardier Inc. 

Model (Otter) DHC–3 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for all 

deHavilland Inc. Models DHC–2 Mk. I 

and DHC–2 Mk. II airplanes and for all 

Bombardier Inc. Model (Otter) DHC–3 

airplanes powered by radial engines. 

This AD requires you to visually inspect 

the firewall connector plugs for proper 

lockwire security and replace or modify 

as appropriate. This AD is the result of 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Canada. We 

are issuing this AD to prevent loss of 

ignition systems during flight caused by 

improper lockwire security, which 

could result in engine failure. This 

failure could lead to a forced landing of 

the airplane.

DATES: This AD becomes effective on 

December 6, 2004. 

As of December 6, 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 

Bombardier Commercial Service Center, 

Plant 9, C.P. 6087 Succurale Centreville, Montreal QC H3C 3G9, Canada. 

You may view the AD docket at FAA, 

Central Region, Office of the Regional 

Counsel, Attention: Rules Docket No. 

2004–CE–02–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:

Mazdak Hobbi, Aerospace Engineer, 

New York Aircraft Certification Office 

(ACO), FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone: (516) 228–7330; facsimile: 

(516) 794–5531.

SUPPLEMENTARY INFORMATION: 

Discussion 

What events have caused this AD?

Transport Canada, which is the 

airworthiness authority for Canada, 

recently notified FAA that an unsafe 

condition may exist on all deHavilland 

DHC–2 Mk. I and DHC–2 Mk. II 

airplanes and all Bombardier (Otter) 

DHC–3 airplanes powered by radial 

engines. Transport Canada reports that a 

DHC–3 airplane lost both ignition 

systems during flight. 

The lockwire hole in the connector 

plug on the firewall broke and the plug 

vibrated loose. Both magnetos then 

grounded through a spring-loaded 

center pin in the plug (a maintenance 

safety feature). 

The DHC–2 Mk. I and DHC–2 Mk. II 

airplanes have a similar ignition system. 

What is the potential impact if FAA 

took no action? If not detected and 

corrected, failure of the lockwire hole 

could result in engine failure. This 

failure could lead to a forced landing of 

the airplane. 

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 

deHavilland Inc. Models DHC–2 Mk. I 

and DHC–2 Mk. II airplanes, and all 

Bombardier Inc. (Otter) DHC–3 

airplanes powered by radial engines of 

the same type. This proposal was 

published in the Federal Register as a 

notice of proposed rulemaking (NPRM) 

on April 12, 2004 (69 FR19132). The 

NPRM proposed to require you to 

visually inspect the firewall connector 

plugs for proper lockwire security and 

replace or modify as appropriate. 

Comments 

Comment Issue No. 1: Incorporate 

Revision ‘‘B’’ of the Applicable Service 

Bulletins 

What is the commenter’s concern?

The manufacturer has revised the 

applicable service bulletins to clarify 

the information presented in the 

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 61759

Description and in the Accomplishment 

Instructions. 

The revisions delete the requirement 

to remove the upholstery in order to 

perform the visual inspections and 

delete the requirement to inspect the 

receptacle. The receptacle is attached 

with four self-locking nuts. Lockwire is 

not used to secure these nuts. 

The manufacturer wants the revised 

service bulletins incorporated into the 

final rule AD action. 

What is FAA’s response to the 

concern? We concur with the 

commenter and will make these changes 

in the final rule AD action. 

Comment Issue No. 2: Update the 

Manufacturer’s Address 

What is the commenter’s concern?

The manufacturer has provided an 

updated address and wants it 

incorporated into the final rule AD 

action. 

What is FAA’s response to the 

concern? We concur with the 

commenter and will make these changes 

in the final rule AD action.

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 

the changes discussed above and minor 

editorial corrections. We have 

determined that these changes and 

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 airplanes does this AD 

impact? We estimate that this AD affects 

242 airplanes in the U.S. registry. 

What is the cost impact of this AD on 

owners/operators of the affected 

airplanes? We estimate the following 

costs to accomplish the inspection(s):

Labor cost Parts cost Total cost per 

airplane 

Total cost on U.S.

operators 

2 workhours × $65 per hour = $130 .................................... Not applicable ...................................... $130 $130 × 242 = $31,460. 

We estimate the following costs to 

accomplish any necessary replacements 

that will be required based on the 

results of the inspection(s). We have no 

way of determining the number of 

airplanes that may need these 

replacements:

Labor cost Parts cost Total cost per replacement part 

2 workhours × $65 per hour = $130 ................................... Firewall connector plug = $152 each. Lockwire = minimal 

cost.

$130 + $152 = $282. 

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. 2004–CE–02–

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:

2004–21–06 deHavilland Inc. and 

Bombardier Inc.: Amendment 39–13827; 

Docket No. 2004–CE–02–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

6, 2004. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects the following airplane 

models and serial numbers that are 

certificated in any category:

Model Serial Nos. 

deHavilland DHC–2 

Mk. I.

All. 

deHavilland DHC–2 

Mk. II.

All. 

61760 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

Model Serial Nos. 

Bombardier (Otter) 

DHC–3.

All serial numbers 

powered by radial 

engines. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

Canada. We are issuing this AD to prevent 

loss of ignition systems during flight caused 

by improper lockwire security, which could 

result in engine failure. This failure could 

lead to a forced landing of the airplane. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Inspect the following: ....................................

(i) connector plugs on the fore side of the firewall for security; 

(ii) the connector plug lockwire to ensure it is 

intact and the holes in the plugs are not broken out or cracked. 

Initially inspect within the next 100 hours timein-service (TIS) after December 6, 2004 

(the effective date of this AD). Repetitively 

inspect thereafter at intervals not to exceed 

100 hours TIS.

Follow deHavilland Beaver Alert Service Bulletin Number A2/53, Revision B, dated May 

28, 2004; and deHavilland Otter Alert Service Bulletin Number A3/53, Revision B, 

dated May 28, 2004, as applicable. 

(2) If during any inspection required in paragraph (e)(1)(i) and (e)(1)(ii) of this AD: 

(i) the lockwire holes are found damaged, replace the connector plug with a new part of 

the same number; and 

(ii) the lockwire is damaged, replace the 

lockwire. 

Prior to further flight after any inspection required by paragraphs (e)(1)(i) and (e)(1)(ii) 

of this AD.

Follow deHavilland Beaver Alert Service Bulletin Number A2/53, Revision B, dated May 

28, 2004; and deHavilland Otter Alert Service Bulletin Number A3/53, Revision B, 

dated May 28, 2004, as applicable. 

(3) When the connector plugs are replaced, do 

an operational check of the magnetos and 

correct as appropriate.

Prior to further flight after any replacement required by paragraph (e)(2)(i) this AD.Follow the applicable maintenance manual 

procedures. 

Note: We recommend you insert de 

Havilland Inc. Temporary Revision No. 2–24, 

dated August 24, 2001, and Temporary 

Revision No. 14, dated August 24, 2001, into 

the applicable maintenance manual.

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, New York Aircraft Certification 

Office (ACO), FAA. For information on any 

already approved alternative methods of 

compliance, contact Mazdak Hobbi, 

Aerospace Engineer, New York ACO, FAA, 

1600 Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone: (516) 228–7330; 

facsimile: (516) 794–5531. 

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in 

deHavilland Beaver Alert Service Bulletin 

Number A2/53, Revision B, dated May 28, 

2004; and deHavilland Otter Alert Service 

Bulletin Number A3/53, Revision B, dated 

May 28, 2004. 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 Bombardier 

Commercial Service Center, Plant 9, C.P. 

6087 Succurale Centre-ville, Montreal QC 

H3C 3G9, Canada. 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.

Issued in Kansas City, Missouri, on 

October 12, 2004. 

Dorenda D. Baker, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–23365 Filed 10–20–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–17738; Airspace 

Docket No. 04–AWP–5] 

Establishment of Class D Airspace; 

Riverside March Field, CA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes a Class 

D surface area at Riverside March Field, 

CA, within a 5-mile radius of the airport 

from the surface up to and including 

4,000 feet mean sea level (MSL). The 

continuous hours of operation of March 

Airport Traffic Control Tower (ATCT), 

combined with a part-time Class C 

airspace area for Riverside March Field, 

has made this action necessary.

EFFECTIVE DATE: 0901 UTC, November 

25, 2004.

FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Airspace Specialist, 

Airspace Branch, Air Traffic Division, 

Federal Aviation Administration, 15000 

Aviation Boulevard, Lawndale, 

California; telephone (310) 725–6613.

SUPPLEMENTARY INFORMATION: 

History 

On Monday, August 2, 2004, the FAA 

proposed to amend 14 CFR part 71 to 

establish Class D airspace at Riverside 

March Field, CA (69 FR 46116). The 

proposal was to establish a Class D 

surface area within a 5-mile radius of 

the airport from the surface up to and 

including 4,000 feet mean sea level 

(MSL). Riverside March Field currently 

has Class C airspace that is effective 

only when the March Ground Control 

Approach (GCA) is open, usually 2300 

local to 0700 local; however the March 

ATCT is open continuously. Class D 

airspace is necessary when the ATCT is 

open, and the GCA is closed, to contain 

and protect Standard Instrument 

Approach Procedures (SIAPs) and other 

Instrument Flight Rules (IFR) operations 

at the airport. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. Class D airspace 

designations are published in paragraph 

5000 of FAA Order 7400.9M dated 

August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designation 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to 14 CFR part 71 

establishes Class D airspace at Riverside