Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 5907

staff and takes into account the prices 

per ton offered by each handler for 

various sizes of the major olive varieties 

produced. 

Approximately 85 percent of a ton of 

olives are canning sizes and 10 percent 

are limited-use sizes, leaving the 

balance as cull fruit. Thus, given the 

current anticipated grower prices, the 

average grower price per ton would be 

$431.70. The estimated assessment 

revenue is expected to be approximately 

2.8 percent of the average grower price. 

Total grower revenue on 102,703 tons 

would be $44,336,885. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers and may reduce 

the burden on producers. 

In addition, the committee’s meeting 

was widely publicized throughout the 

California olive industry and all 

interested persons were invited to 

attend the meeting and participate in 

committee deliberations on all issues. 

Like all committee meetings, the 

December 11, 2003, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

views on this issue. The subcommittee 

meetings, as well, were public all 

interested parties were encouraged to 

attend and provide comments. Finally, 

interested persons are invited to submit 

information on the regulatory and 

informational impacts of this action on 

small businesses. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on California olive 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 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 the 

decreased assessment rate for 2004 and 

subsequent fiscal years under the 

Federal marketing order regulating 

olives grown in California. 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 impractical, 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) The 2004 fiscal year began 

on January 1, 2004, and the marketing 

order requires that the rate of 

assessment for each fiscal year apply to 

all assessable olives handled during 

applicable the crop year; (2) this action 

decreases the assessment rate and the 

committee needs sufficient funds to pay 

its expenses which are incurred on a 

continuous basis; and (3) this action was 

unanimously recommended by the 

committee at a public meeting attended 

by handlers, and is similar to other 

assessment rate actions issued in past 

years.

List of Subjects in 7 CFR Part 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements.

■ For the reasons set forth in the 

preamble, 7 CFR part 932 is amended as 

follows:

PART 932—OLIVES GROWN IN 

CALIFORNIA

■ 1. The authority citation for 7 CFR part 

932 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Section 932.230 is revised to read as 

follows: 

§ 932.230 Assessment rate. 

Beginning on January 1, 2004, an 

assessment rate of $12.18 per ton is 

established for California olives.

Dated: February 3, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–2654 Filed 2–6–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–107–AD; Amendment 

39–13451; AD 2004–03–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A320–111, –211, –212, and –231 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Airbus Model 

A320–111, –211, –212, and –231 series 

airplanes. This AD requires repetitive 

inspections for fatigue cracking around 

the fasteners attaching the pressure 

panel to the flexible bracket at frame 36, 

adjacent to the longitudinal beams on 

the left and right sides of the airplane; 

and repair as necessary. This AD would 

also provide an optional terminating 

action for the repetitive inspections. 

This action is necessary to detect and 

correct fatigue cracking around the 

fasteners attaching the pressure panel to 

the flexible bracket at the frame 36 

adjacent to the longitudinal beams, 

which could result in reduced structural 

integrity and possible rapid 

decompression of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Effective March 15, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 15, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the Office of 

the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

5908 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 

that is applicable to certain Airbus 

Model A320–111, –211, –212, and –231 

series airplanes was published in the 

Federal Register on November 17, 2003 

(68 FR 64830). That action proposed to 

require repetitive inspections for fatigue 

cracking around the fasteners attaching 

the pressure panel to the flexible bracket 

at frame 36, adjacent to the longitudinal 

beams on the left and right sides of the 

airplane; and repair as necessary. That 

action also provided an optional 

terminating action for the repetitive 

inspections. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

After careful review of the available 

data, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 24 airplanes 

of U.S. registry will be affected by this 

AD. 

For airplanes without a center fuel 

tank, it will take approximately 1 work 

hour per airplane to accomplish the 

detailed inspection, at an average labor 

rate of $65 per work hour. Based on 

these figures, the cost impact of the 

detailed inspection is estimated to be 

$65 per airplane, per inspection cycle.

For airplanes with a center fuel tank, 

it will take approximately 2 work hours 

per airplane to accomplish the rotating 

probe inspection at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the inspection 

is estimated to $130 per airplane, per 

inspection cycle. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the 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. 

Should an operator elect to perform 

the optional terminating action, it will 

take approximately 12 work hours per 

airplane to accomplish the cold work 

modification, at an average labor rate of 

$65 per work hour. The cost of required 

parts is $650. Based on these figures, the 

cost impact of the optional terminating 

action is estimated to be $1,430 per 

airplane. 

Regulatory Impact 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to 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. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–07 Airbus: Amendment 39–13451. 

Docket 2001–NM–107–AD.

Applicability: Model A320–111, –211, 

–212, and –231 series airplanes having 

manufacturer serial numbers 0002 through 

0107 inclusive; certificated in any category; 

except those airplanes on which Airbus 

Modification 21202/K1432 has been 

incorporated in production, or Airbus 

Service Bulletin A320–53–1029, Revision 01, 

dated April 29, 2002, has been incorporated 

in service. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct fatigue cracking 

around the fasteners connecting the pressure 

panel to the flexible bracket at frame 36, 

adjacent to the longitudinal beams on the left 

and right sides of the airplane, which could 

result in reduced structural integrity and 

possible rapid decompression of the airplane, 

accomplish the following: 

Inspection and Follow-on Actions 

(a) Prior to the accumulation of 30,000 total 

flight cycles, do a rotating probe inspection 

on airplanes with a center fuel tank, or a 

detailed inspection on airplanes without a 

center fuel tank, to detect cracking around 

the fasteners that attach the pressure panel to 

the flexible bracket at frame 36, adjacent to 

the longitudinal beams on the left and right 

sides of the airplane, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–53–1030, Revision 01, 

dated May 21, 2002.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as mirror, 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

(b) If no crack is detected by the inspection 

required by paragraph (a) of this AD, repeat 

the applicable inspection thereafter at 

intervals not to exceed 6,000 flight cycles for 

airplanes without a center fuel tank, and at 

intervals not to exceed 18,000 flight cycles 

for airplanes with a center fuel tank. 

Corrective Actions 

(c) If any crack is detected during any 

inspection required by paragraph (a) of this 

AD, before further flight, repair the affected 

structure by accomplishing all applicable 

actions in accordance with paragraphs 3.B. 

through 3.E. of the Accomplishment 

Instructions of Airbus Service Bulletin A320–

53–1030, Revision 01, dated May 21, 2002. 

Repeat the applicable inspection thereafter at 

intervals not to exceed 6,000 flight cycles for 

airplanes without a center fuel tank, and at 

intervals not to exceed 18,000 flight cycles 

for airplanes with a center fuel tank. For any 

area where cracking is repaired, the repair 

constitutes terminating action for the 

repetitive inspection of that area.

Note 2: Airbus Service Bulletin A320–53–

1030 references Airbus Service Bulletin 

A320–53–1029, Revision 01, dated April 29, 

2002, as an additional source of service 

information for certain repairs.

(d) If any service bulletin specifies to 

contact the manufacturer for appropriate 

action: Before further flight, repair in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate or the 

Direction Ge ́ne ́rale de l’Aviation Civile (or its 

delegated agent). 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 5909

Optional Terminating Action 

(e) Modification of the structure around the 

fasteners that attach the pressure panel to the 

flexible bracket at frame 36, adjacent to the 

longitudinal beams on the left and right sides 

of the airplane, by accomplishing all 

applicable actions in accordance with 

paragraphs 3.A. through 3.E. of the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–53–1029, Revision 01, 

dated April 29, 2002, constitutes terminating 

action for this AD. 

Credit for Actions Done per Previous Issue 

of Service Bulletins 

(f) Accomplishment of the required actions 

before the effective date of this AD in 

accordance with Airbus Service Bulletin 

A320–53–1030, dated January 5, 2000; or 

Airbus Service Bulletin A320–53–1029, 

dated January 5, 2000; is considered 

acceptable for compliance with the 

applicable requirements of paragraphs (a), 

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

Alternative Methods of Compliance 

(g) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(h) Unless otherwise specified in this AD, 

the actions must be done in accordance with 

Airbus Service Bulletin A320–53–1030, 

Revision 01, excluding Appendix 01, dated 

May 21, 2002. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France. 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

Office of the Federal Register, 800 North 

Capitol Street, NW., suite 700, Washington, 

DC.

Note 3: The subject of this AD is addressed 

in French airworthiness directive 2000–531–

155(B), dated December 27, 2000.

Effective Date 

(i) This amendment becomes effective on 

March 15, 2004.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2466 Filed 2–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NM–183–AD; Amendment 

39–13450; AD 2004–03–06] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A319 and A320 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to all Airbus Model A320 

series airplanes, that currently requires 

repetitive ultrasonic inspections to 

detect fatigue cracking in the wing/

fuselage joint cruciform fittings, and 

corrective actions if necessary. This 

amendment requires repetitive 

ultrasonic inspections for fatigue 

cracking in the wing/fuselage joint 

cruciform fittings at a reduced 

inspection threshold and repetitive 

interval. This amendment also adds 

airplanes to the applicability. The 

actions specified by this AD are 

intended to detect and correct fatigue 

cracks on the wing/fuselage joint 

cruciform fittings, which could result in 

reduced structural integrity of the wing/

fuselage. This action is intended to 

address the identified unsafe condition.

DATES: Effective March 15, 2004. 

The incorporation by reference of 

Airbus Service Bulletin A320–57–1051, 

Revision 04, dated November 27, 2001, 

as listed in the regulations, is approved 

by the Director of the Federal Register 

as of March 15, 2004. 

The incorporation by reference of 

Airbus Service Bulletin A320–57–1051, 

Revision 01, dated March 21, 1996, as 

listed in the regulations, was approved 

previously by the Director of the Federal 

Register as of April 3, 1998 (63 FR 9934, 

February 27, 1998).

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the Office of 

the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

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: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 98–04–49, 

amendment 39–10360 (63 FR 9934, 

February 27, 1998), which is applicable 

to all Airbus Model A320 series 

airplanes, was published in the Federal 

Register on December 4, 2003 (68 FR 

67814). The action proposed to require 

repetitive ultrasonic inspections for 

fatigue cracking in the wing/fuselage 

joint cruciform fittings at an inspection 

threshold and repetitive interval 

reduced from those in the existing AD. 

The action also proposed to add 

airplanes to the applicability of the 

existing AD. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. The FAA 

received no comments in response to 

the proposal or our determination of the 

cost to the public. 

Conclusion 

After careful review of the available 

data, we have determined that air safety 

and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The actions that are currently 

required by AD 98–04–49 are applicable 

to 132 airplanes of U.S. registry and take 

approximately 2 work hours per 

airplane to accomplish (not including 

time for gaining access and closing up), 

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 

$17,160, or $130 per airplane. 

This new AD affects approximately 

475 airplanes of U.S. registry. The new 

actions that are required by this AD take 

approximately 2 work hours per 

airplane to accomplish, at an average 

labor rate of $65 per work hour. Based 

on these figures, the cost impact of the 

new requirements of this AD on U.S. 

operators is estimated to be $61,750, or 

$130 per airplane. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the 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