63960 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 

Rainier and other lightly colored sweet 

cherries, and Bings. 

The Committee discussed alternatives 

to this rule, including not establishing a 

minimum size and maturity 

requirement. The general consensus of 

the industry is that mandatory size and 

quality requirements are needed to 

ensure product quality and to encourage 

repeat purchases. Previous voluntary 

standards for lightly colored sweet 

cherries such as Rainier variety cherries 

have not been successful. 

This proposed rule would establish a 

minimum size requirement of 11-row 

size (61⁄64-inch diameter) and a 

minimum maturity requirement of 17 

percent soluble solids for lightly colored 

sweet cherry varieties shipped to fresh 

markets. Accordingly, this proposed 

rule would not impose any additional 

reporting or recordkeeping requirements 

on either small or large sweet cherry 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplications by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this proposed rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Washington sweet cherry industry and 

all interested persons were invited to 

attend and participate in the 

Committee’s deliberations on all issues. 

Like all Committee meetings, the May 

18, 2004, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

Finally, interested persons are invited to 

submit information on the regulatory 

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.ama.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.

List of Subjects in 7 CFR Part 923

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements.

For the reasons set forth in the 

preamble, 7 CFR part 923 is proposed to 

be amended as follows:

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON 

1. The authority citation for 7 CFR 

part 923 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 923.322, paragraphs (b) 

introductory text, (b)(1), and (c) are 

revised to read as follows:

§ 923.322 Washington Cherry Regulation 

22.

* * * * *

(b) Size. No handler shall handle, 

except as otherwise provided in this 

section, any lot of cherries unless such 

cherries meet the following minimum 

size requirements: 

(1) For the Rainier variety and similar 

varieties commonly referred to as 

‘‘lightly colored sweet cherries,’’ at least 

90 percent, by count, of the cherries in 

any lot shall measure not less than 61/

64 inch in diameter and not more than 

5 percent, by count, may be less than 

57/64 inch in diameter.

* * * * *

(c) Maturity. No handler shall handle, 

except as otherwise provided in this 

section, any lot of Rainier cherries or 

other varieties of ‘‘lightly colored sweet 

cherries’’ unless such cherries meet a 

minimum of 17 percent soluble solids as 

determined from a composite sample by 

refractometer prior to packing, at time of 

packing, or at time of shipment: 

Provided, That individual lots shall not 

be combined with other lots to meet 

soluble solids requirements.

* * * * *

Dated: October 27, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–24443 Filed 11–2–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19494; Directorate 

Identifier 2004–NM–135–AD] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes Equipped With Air Cruisers/

Aerazur Forward and Aft Passenger 

Door Emergency Escape Slides

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus Model A318, A319, 

A320, and A321 series airplanes 

equipped with certain forward and aft 

passenger door emergency escape slides. 

This proposed AD would require 

modifying the forward and aft door 

slides. This proposed AD is prompted 

by manufacturer testing that has shown 

contact between the inflation hose and 

fabric roll, within a short period of time 

after inflation of the emergency escape 

slides, can rupture the inflation hose at 

its end fittings. We are proposing this 

AD to prevent interference between the 

inflation hose and slide fabric and 

rupture of the inflation hose, which 

could result in incomplete inflation of 

the emergency escape slides and 

consequent unavailability of those 

slides during an emergency evacuation.

DATES: We must receive comments on 

this proposed AD by December 3, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW, Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: 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. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 63961

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19494; Directorate Identifier 

2004–NM–135–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov. 

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov. 

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Airbus Model A318, 

A319, A320, and A321 series airplanes. 

The DGAC advises that manufacturer 

testing has shown that contact between 

the inflation hose and fabric roll, within 

a short period of time after inflation of 

the emergency escape slides, can 

rupture the inflation hose at its end 

fittings. This condition, if not corrected, 

could result in incomplete inflation of 

the emergency escape slides and 

consequent unavailability of those 

slides during an emergency evacuation. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–25–1338, dated February 9, 2004. 

The service bulletin describes 

procedures for modifying the forward 

and aft door slides. Accomplishing the 

actions specified in the service 

information is intended to adequately 

address the unsafe condition. The 

DGAC mandated the service information 

and issued French airworthiness 

directive F–2004–072, dated May 26, 

2004, to ensure the continued 

airworthiness of these airplanes in 

France.

The Airbus service bulletin refers to 

Air Cruisers/Aerazur Service Bulletin 

A320 004–25–72, dated October 28, 

2003, as an additional source of service 

information for modifying the forward 

and aft door slides by bonding a hose 

retainer to the slide assembly; routing 

the hose assembly through the hose 

retainer; and reidentifying the slide 

assembly and slide system. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGAC’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require modifying the 

forward and aft door slides. The 

proposed AD would require you to use 

the Airbus service information 

described previously to perform these 

actions, except as discussed under 

‘‘Difference Between the Proposed AD 

and French Airworthiness Directive.’’

Difference Between the Proposed AD 

and French Airworthiness Directive 

The applicability of French 

airworthiness directive F–2004–072 

excludes airplanes that accomplished 

Airbus Service Bulletin A320–25–1338 

in service. However, we have not 

excluded those airplanes in the 

applicability of this proposed AD; 

rather, this proposed AD includes a 

requirement to accomplish the actions 

specified in that service bulletin. Such 

a requirement would ensure that the 

actions specified in the service bulletin 

and required by this proposed AD are 

accomplished on all affected airplanes. 

Operators must continue to operate the 

airplane in the configuration required 

by this proposed AD unless an 

alternative method of compliance is 

approved. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD, at an 

average labor rate of $65 per work hour.

ESTIMATED COSTS

Action Work hours 

per slide 

Slides per 

airplane Parts Cost perairplane 

Number of 

U.S.-registered

airplanes 

Fleet cost 

Modification ................................................................... 1 2 Free .............. $130 648 $84,240

63962 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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. 

For the reasons discussed above, I 

certify that the 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. 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 regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Airbus: Docket No. FAA–2004–19494;

Directorate Identifier 2004–NM–135–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 3, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A318–

111 and –112 series airplanes; Model A319–

111, –112, –113, –114, –115, –131, –132, and 

–133 series airplanes; Model A320–111, 

–211, –212, –214, –231, –232, and –233 series 

airplanes; and Model A321–111, –112, –131, 

–211, and –231 series airplanes; certificated 

in any category; equipped with Air Cruisers/

Aerazur forward passenger door emergency 

escape slides, part number (P/N) D31516–

111, –113, –115, –117, –311, or –313, and aft 

passenger door emergency escape slides, part 

number (P/N) D31517–111, –113, –115, –117, 

–311, or –313; except those airplanes on 

which Airbus Modification 33429 has been 

accomplished in production. 

Unsafe Condition 

(d) This AD was prompted by 

manufacturer testing that has shown contact 

between the inflation hose and fabric roll, 

within a short period of time after inflation 

of the emergency escape slides, can rupture 

the inflation hose at its end fittings. We are 

issuing this AD to prevent interference 

between the inflation hose and slide fabric 

and rupture of the inflation hose, which 

could result in incomplete inflation of the 

emergency escape slides and consequent 

unavailability of those slides during an 

emergency evacuation. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modification 

(f) Within 37 months after the effective 

date of this AD, modify the forward and aft 

door slides, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1338, dated 

February 9, 2004.

Note 1: Airbus Service Bulletin A320–25–

1338, dated February 9, 2004, refers to Air 

Cruisers/Aerazur Service Bulletin A320 004–

25–72, dated October 28, 2003, as an 

additional source of service information for 

modifying the forward and aft door slides.

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(h) French airworthiness directive F–2004–

072, dated May 26, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on October 

20, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24534 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–04–AD] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a 

notice of proposed rulemaking (NPRM) 

that proposed a new airworthiness 

directive (AD), applicable to certain 

EMBRAER Model EMB–135 and –145 

series airplanes. That action would have 

required a one-time inspection of the 

trailing arm cardan of each main 

landing gear (MLG) to identify a certain 

part number; a one-time inspection of 

certain trailing arm cardans to detect 

cracking, if necessary; and replacement 

of incorrect trailing arm cardans with 

cardans having a certain part number. 

Since the issuance of the NPRM, the 

Federal Aviation Administration (FAA) 

has received new substantiating data 

from the manufacturer that verify that 

all affected airplanes in the worldwide 

and domestic fleets are in compliance 

with the proposed requirements of the 

NPRM, and all affected spare parts have 

been returned to the manufacturer and 

destroyed. Accordingly, the proposed 

rule is withdrawn.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–1175; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

add a new airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–135 and –145 series airplanes, was 

published in the Federal Register as a 

Notice of Proposed Rulemaking (NPRM) 

on March 17, 2003 (68 FR 12615). The 

proposed rule would have required a 

one-time inspection of the trailing arm 

cardan of each main landing gear (MLG) 

to identify a certain part number; a onetime inspection of certain trailing arm 

cardans to detect cracking, if necessary; 

and replacement of incorrect trailing 

arm cardans with cardans having a 

certain part number. That action was 

prompted by notification from the