70368 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

asked that designations end on August 

1 of the market year, followed by two redesignation periods at the beginning of 

October and November, and then 

immediately effective re-designations 

beginning on November 25. These 

comments requested no other changes to 

the current requirements. These 

comments were not adopted for the 

reasons discussed below. 

The existing technology that the 

Agency uses for this program does not 

allow FSA to make designations 

immediately effective. Therefore, this 

suggestion will not be adopted. 

On October 22, 2004, the Fair and 

Equitable Tobacco Reform Act of 2004 

repealed the tobacco marketing quota 

and acreage allotment and price support 

programs effective for the 2005 and 

subsequent crop years. The designation 

program, part of these programs, will 

end with the close of the 2004 

marketing year. Accordingly, this rule 

deletes the price support eligibility 

requirement that flue-cured and burley 

tobacco farmers designate the locations 

where they will sell their tobacco. The 

majority of the commentors wanted the 

designation program to remain 

unchanged through the first week of 

tobacco sales, a time period which has 

ended for both flue-cured and burley 

tobaccos. Rescinding the designation 

requirements effective December 3, 

2004, will have the effect of complying 

with the majority of commentors’

requests that designation and 

subsequent re-designation requirements 

not be necessary after the first week of 

sales. Tobacco producers will be able to 

sell their tobacco where they wish, 

without waiting for a designation to 

become effective through this final crop 

year of the tobacco quota and price 

support programs. 

Executive Order 12372 

This final rule is not subject to the 

provisions of Executive Order 12372, 

which require consultation with State 

and local officials. See the notice related 

to 7 CFR part 3015, subpart V, 

published at 48 FR 29115 (June 24, 

1983). 

Executive Order 12866 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and therefore 

was not reviewed by the Office of 

Management and Budget. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this proposed rule because 

USDA is not required by 5 U.S.C. 553 

or any other provision of law to publish 

a notice of proposed rulemaking with 

respect to the subject matter of this rule. 

Unfunded Mandates 

This rule contains no Federal 

mandates under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

for State, local and tribal governments 

or the private sector. Therefore, this rule 

is not subject to sections 202 and 205 of 

the UMRA. 

Federal Assistance Programs 

The title and number of the Federal 

Assistance Program, as found in the 

Catalog of Federal Domestic Assistance 

to which this rule applies, are: 10.051—

Commodity Loans and Loan Deficiency 

Payments. 

Environmental Evaluation 

The environmental impacts of this 

rule have been considered under the 

National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. 4321 et seq., the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and regulations of the Farm 

Service Agency (FSA) of the Department 

of Agriculture (USDA) for compliance 

with NEPA, 7 CFR part 799. An 

environmental evaluation was 

completed and the action has been 

determined not to have the potential to 

significantly impact the quality of the 

human environment and no 

environmental assessment or 

environmental impact statement is 

necessary. A copy of the environmental 

evaluation is available for inspection 

and review upon request. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 5501 

et seq.), the information collection or 

recordkeeping requirements of 7 CFR 

part 1464 are approved by the Office of 

Management and Budget (OMB) under 

OMB control numbers 0560–0058 and 

0560–0217. Also, section 642(b) of 

FETRA provides these regulations be 

promulgated without regard to the 

Paperwork Reduction Act, nor be 

subject to the normal requirement for a 

60-day public comment period. 

Nonetheless, this action will reduce the 

information collected and the Agency’s 

currently approved burden, thus, a new 

burden estimate will be submitted to 

OMB for approval.

List of Subjects in 7 CFR Part 1464 

Price support programs, Tobacco, 

Warehouses.

■ Accordingly, 7 CFR part 1464 is 

amended as follows:

PART 1464—TOBACCO

■ 1. The authority citation for 7 CFR part 

1464 continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 

1445–1 and 1445–2; 15 U.S.C. 714b, 714c; 

Pub. L. 106–78, 113 Stat. 1135; Pub. L. 106–

113, 113 Stat. 1501; Pub. L. 1087, 117 Stat. 

11.

Subpart A—Tobacco Loan Program

■ 2. Amend 7 CFR 1464.2 by removing 

paragraph (b)(2) and redesignating 

paragraphs (b)(3), (b)(4) and (b)(5) as 

(b)(2), (b)(3), and (b)(4), respectively.

Signed at Washington, DC, on November 

19, 2004. 

James R. Little, 

Executive Vice-President, Commodity Credit 

Corporation.

[FR Doc. 04–26828 Filed 12–2–04; 2:26 pm] 

BILLING CODE 3410–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–CE–48–AD; Amendment 

39–13886; AD 2004–24–10] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model DHC–3 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–3 

airplanes modified with A.M. Luton’s 

Supplemental Type Certificate (STC) 

number SA3777NM. This AD requires 

you to inspect the wiring for the heating 

blankets on P3 and PY pneumatic lines 

and the push-to-test function lights to 

ensure that they are wired to the correct 

schematic; replace the circuit breaker 

switch as applicable; and replace the 

flight manual supplement currently in 

use with Revision G, dated March 28, 

2001 (incorporates Revision I of Sheet 1 

of Drawing 20075, ‘‘Electrical System 

Schematic,’’ dated October 10, 2000). 

This AD is the result of mandatory 

continuing airworthiness information 

(MCAI) issued by the airworthiness 

authority for Canada. We are issuing 

this AD to detect and correct wiring 

installed in accordance with an 

incorrect drawing, which shows the 

pneumatic heating blankets to the P3

and PY pneumatic lines wired in series 

with the indicator lights, rather than 

parallel. This can result in reduced

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70369

current for the heating blankets and loss 

of pneumatic line heating, which can 

lead to loss of engine power or reverse 

propeller overspeed governing 

protection and ultimately loss of control 

of the airplane.

DATES: This AD becomes effective on 

January 6, 2005. 

As of January 6, 2005, 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 

A. M. Luton, 3025 Eldridge Avenue, 

Bellingham, WA 98225. 

You may view the AD docket at FAA, 

Central Region, Office of the Regional 

Counsel, Attention: Rules Docket No. 

2003–CE–48–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:

Richard Simonson, Aerospace Engineer, 

Special Certification Branch; telephone: 

(425) 917–6507; facsimile: (425) 917–

6590.

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 Bombardier, 

Inc. Model DHC–3 airplanes modified 

with an A.M. Luton Supplemental Type 

Certificate (STC) number SA3777NM. 

Transport Canada reports a drawing 

error on Revisions G and H of Sheet 1 

of the Electrical System Schematic 

Drawing 20075, which shows the 

pneumatic heating blankets to the P3

and PY pneumatic lines wired in series 

with the indicator lights, rather than 

parallel. This can result in severely 

reduced electrical energy going to the 

heating blankets with loss of pneumatic 

line heating, which can lead to loss of 

engine power or reverse propeller 

overspeed governing protection. 

What is the potential impact if FAA 

took no action? Electrical installation 

using incorrect wiring configurations 

could result in the electrical energy 

being absorbed by the light bulbs with 

insufficient electrical energy for the 

heating blankets, which would allow ice 

to form in these lines due to 

condensation even though the 

indication lights show the lines being 

heated. This could result in loss of 

engine power or reverse propeller 

overspeed governing protection and 

lead to loss of control 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 certain 

Bombardier, Inc. Model DHC–3 

airplanes modified with A.M. Luton’s 

Supplemental Type Certificate (STC) 

number SA3777NM. This proposal was 

published in the Federal Register as a 

notice of proposed rulemaking (NPRM) 

on May 24, 2004 (69 FR 29477). The 

NPRM proposed to require you to 

inspect the wiring for the heating 

blankets on P3 and PY pneumatic lines 

and the push-to-test function lights to 

ensure that they are wired to the correct 

schematic; replace the circuit breaker 

switch as applicable; and replace the 

flight manual supplement currently in 

use with Revision G, dated March 28, 

2001 (incorporates Revision I of Sheet 1 

of Drawing 20075, ‘‘Electrical System 

Schematic,’’ dated October 10, 2000). 

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 airplanes does this AD 

impact? We estimate that this AD affects 

32 airplanes in the U.S. registry. 

What is the cost impact of this AD on 

owners/operators of the affected 

airplanes? We have no way of 

determining the number of airplanes 

that may need the rewiring or circuit 

breaker switch replacement. We 

estimate the following costs to 

accomplish the inspection:

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 workhour est. $65 per hour = $65 ............................................................................................ $100 $165 $5,280 

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–48–

AD’’ in your request. 

This rulemaking is promulgated 

under the authority in Subtitle VII, Part 

A, Subpart III, Section 44701, General 

requirements. Under that section, the 

FAA is charged with prescribing 

minimum standards required in the 

70370 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

interest of safety for the design of 

aircraft. This regulation is within the 

scope of that authority since it corrects 

an unsafe condition in the design of the 

aircraft caused by incorrect wiring 

configurations that could result in the 

electrical energy being absorbed by the 

light bulbs with insufficient electrical 

energy for the heating blankets, which 

would allow ice to form in these lines 

due to condensation even though the 

indication lights show the lines being 

heated.

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:

2004–24–10 Bombardier, Inc.: Amendment 

39–13886; Docket No. 2003–CE–48–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on January 

6, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects the Model DHC–3 

airplanes, all serial numbers, that are: 

(1) Modified with STC number 

SA3777NM; and 

(2) Certificated in any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of a drawing error 

on Revisions G and H of Sheet 1 of Drawing 

20075, Electrical System Schematic. The 

actions specified in this AD are intended to 

detect and correct wiring installed according 

to an incorrect drawing, which shows the 

pneumatic heating blankets to the P3 and PY

pneumatic lines wired in series with the 

indicator lights, rather than parallel. This can 

result in insufficient electrical energy for the 

heating blankets and loss of pneumatic 

heating, which can lead to loss of engine 

power or reverse propeller overspeed 

governing protection and ultimately loss of 

control 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 electrical wiring to the P3 and 

PY engine pneumatic line heating blankets 

and the P3 heater warning light to determine 

if they are wired in a parallel configuration. If 

they are not wired in a parallel configuration, 

they must be rewired.

Inspect within 4 months after January 6, 2005 

(the effective date of this AD) or 300 hours 

time in service (TIS) after January 6, 2005 

(the effective date of this AD), whichever 

occurs first. Rewire prior to further flight 

after the inspection.

Follow the procedures in the A.M. Luton Service Information Letter SIL–00–10–10, revision dated, March 22, 2001. 

(2) Replace Flight Manual Supplement currently 

in use with Revision G, dated March 28, 

2001. This flight manual revision corrects the 

drawing error on Revisions G and H of Sheet 

1 of the Electrical System Schematic Drawing 

20075 by incorporating Revision I of Sheet 1 

of Drawing 20075, ‘‘Electrical System Schematic,’’ dated October 10, 2000.

Replace within 4 months after January 6, 

2005 (the effective date of this AD) or 300 

hours TIS after January 6, 2005 (the effective date of this AD), whichever occurs first.

Follow the procedures in the A.M. Luton Service Information Letter SIL–00–10–10, revision dated, March 22, 2001. 

(i) The owner/operator holding at least a 

private pilot certificate as authorized by 

section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may accomplish 

the flight manual replacement requirement of this AD.

(ii) Make an entry into the aircraft records 

showing compliance with this portion of 

the AD in accordance with section 43.9 

of the Federal Aviation Regulations (14 

CFR 43.9).

(3) Inspect circuit breaker switch for heated engine pneumatic lines circuit. If an engine is 

installed that uses both P3 and PY heated 

pneumatic lines, circuit breaker switch, Part 

Number (P/N) 20075–3 (5 amp), must be replaced with circuit breaker switch P/N 20075–

59 (7.5 amp).

Inspect within 4 months after January 6, 2005 

(the effective date of this AD), or 300 hours 

TIS after January 6, 2005 (the effective 

date of this AD), whichever occurs first. Replace prior to further flight after the inspection.

Follow the procedures in the A.M. Luton Service Information Letter SIL–00–10–10, revision dated, March 22, 2001. 

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, Special Certifications Branch, 

Transport Airplane Directorate, FAA. For 

information on any already approved 

alternative methods of compliance, contact 

Richard Simonson, Aerospace Engineer, 

Special Certifications Branch, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, WA 98055; telephone: 425–

917–6507; facsimile: 816–917–6590. 

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in A.M. 

Luton Service Information Letter SIL–00–10–

10, revision dated March 22, 2001. 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 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70371

A.M. Luton, 3025 Eldridge Ave., Bellingham, 

WA 98225. 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) Airworthiness Directive CF–2002–38, 

dated August 29, 2002, and Service 

Information Letter SIL–00–10–10, revision 

dated March 22, 2001, also pertain to the 

subject of this AD.

Issued in Kansas City, Missouri, on 

November 23, 2004. 

David A. Downey, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26421 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19601] 

Amendment to Class D Airspace; 

Springfield/Chicopee, MA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action revises the Class 

D airspace area at Springfield/Chicopee, 

Westover AFB, MA (KCEF) to revise the 

Airport Reference Point (ARP) and 

provide for adequate controlled airspace 

for those aircraft circling to land.

DATES: Effective 0901 UTC, January 20, 

2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

January 5, 2005.

ADDRESSES: Send comments on the rule 

to the Docket Management System, U.S. 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. You must 

identify the docket number, FAA–2004–

19601/Airspace Docket No. 04–ANE–33, 

at the beginning of your comments. You 

may also submit comments on the 

Internet at http://dms.dot.gov. You may 

review the public docket containing the 

proposal, any comments received, and 

any final disposition in person at the 

Dockets Office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone 1–800–647–5527) is located 

on the plaza level of the department of 

Transportation NASSIF Building at the 

street address stated above. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Flight Service 

Area, New England Region Office, 

Federal Aviation Administration, 12 

New England Executive Park, 

Burlington, MA 01803–5299. Call the 

Manager, Operations Support Branch, 

ANE–530, telephone (781) 238–7530; 

fax (781) 238–7596, to make prior 

arrangements for your visit.

FOR FURTHER INFORMATION CONTACT: Jon 

T. Harris, Eastern Flight Service Area, 

Operations Support Branch, ANE–530, 

Federal Aviation Administration, 12 

New England Executive Park, 

Burlington, MA 01803–5299; telephone 

(781) 238–7530 fax (781) 238–7596.

SUPPLEMENTARY INFORMATION: Westover 

AFB has competed a new airport survey 

and established a new Airport Reference 

Point (ARP). In addition, this action 

increases the class D airspace radius to 

provide additional controlled airspace 

for those aircraft using category E 

circling minima for instrument 

procedures. Class D airspace 

designations for airspace areas 

extending upward from the surface 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 this Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment, and, therefore, issues 

it as a direct final rule. The FAA has 

determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

must identify both docket numbers. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended or withdrawn in light of the 

comments received. Factual information 

that support the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the 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 that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Agency Findings

This rule does not have federalism 

implications, as defined in Executive 

Order No. 13132, because it does 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. Accordingly, the 

FAA has not consulted with State 

authorities prior to publication of this 

rule. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as these routine matters will 

only affect air traffic procedures and air 

navigation. It is certified that these 

proposed rules will not have significant 

economic impact on a substantial