Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25627

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 the following web site:

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.

A 60-day comment period is provided

to allow interested persons to respond

to this interim final rule. All written

comments timely received will be

considered before a final determination

is made on this matter.

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

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 action until 30 days after

publication in the Federal Register

because: (1) The Committee

unanimously recommended this

relaxation in pack requirements; (2)

handlers would like to take advantage of

the relaxation as soon as possible to

better meet buyer needs; (3) handlers are

aware of this action which was

discussed by the Committee at public

meetings; and (4) handlers are currently

shipping U.S. No. 2 grade potatoes.

List of Subjects in 7 CFR Part 945

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth above, 7 CFR

part 945 is amended as follows:

PART 945—IRISH POTATOES GROWN

IN CERTAIN DESIGNATED COUNTIES

OF IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 945 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 945.341, paragraph (b)(2) is

removed, and paragraphs (b)(3) and

(b)(4) are redesignated as paragraphs

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

paragraph (c)(2) is revised to read as

follows:

§ 945.341 Handling regulation.

* * * * *

(c) * * *

(2) Potatoes packed in cartons (except

when used as a master container) shall

be either:

(i) U.S. No. 1 grade or better, except

potatoes of U.S. Extra No. 1 shall be no

smaller than 110 size nor larger than 60

size; or

(ii) U.S. No. 2 grade in one-piece 50-

pound fiberboard cartons of natural

kraft color, provided the cartons are

permanently and conspicuously marked

as to grade.

* * * * *

Dated: April 28, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11089 Filed 5–1–00; 11:22 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–338–AD; Amendment

39–11709; AD 2000–09–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–8 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–8 series airplanes,

that currently requires a revision to the

Airplane Flight Manual Supplement to

ensure that the main deck cargo door is

closed, latched, and locked; repetitive

inspections of the wire bundle and door

latch rollers to detect damage; and

repair or replacement of damaged

components. This amendment requires,

among other actions, modification of the

indication and hydraulic systems of the

main deck cargo door, and installation

of a means to prevent pressurization to

an unsafe level if the main deck cargo

door is not closed, latched, and locked.

This amendment is prompted by the

FAA’s determination that certain main

deck cargo door systems do not provide

an adequate level of safety; the latching

and locking mechanisms are not of

adequate design to prevent structural

deformation in the event of component

jamming; and that there is an absence of

a means to prevent pressurization to an

unsafe level if the main deck cargo door

is not closed, latched, and locked. The

actions specified by this AD are

intended to prevent opening of the cargo

door while the airplane is in flight, and

consequent rapid decompression of the

airplane including possible loss of the

door, flight control, or severe structural

damage.

DATES: Effective June 7, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 7,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from National Aircraft Service, Inc.

(NASI), 9133 Tecumseh-Clinton Road,

Tecumseh, MI 49286. 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 FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Michael E. O’Neil, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (562)

627–5320; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–20–02,

amendment 39–8709 (58 FR 53635,

October 18, 1993), which is applicable

to certain McDonnell Douglas Model

DC–8 series airplanes, was published in

the Federal Register on December 22,

1999 (64 FR 71689). The action

proposed to continue to require a

revision to the Airplane Flight Manual

Supplement (AFMS) to ensure that the

main deck cargo door is closed, latched,

and locked; repetitive inspections of the

wire bundle and door latch rollers to

detect damage; and repair or

replacement of damaged components.

The action also proposed to require,

among other actions, modification of the

indication and hydraulic systems of the

main deck cargo door, and installation

of a means to prevent pressurization to

an unsafe level if the main deck cargo

door is not closed, latched, and locked.

Comment Received

Interested persons have been afforded

an opportunity to participate in the

25628 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

making of this amendment. Due

consideration has been given to the

comment received.

Revise Alternative Method of

Compliance (AMOC) Paragraph

One commenter requests that the

proposed AD be revised to include a

statement that any AMOC approved

previously in accordance with AD 93–

20–02 is acceptable for compliance with

paragraph (b) of this AD. The

commenter states that it has received

FAA approval of an AMOC to paragraph

(a) of AD 93–20–02 for an installation of

a door warning system that includes an

Airplane Flight Manual Supplement

(AFMS) other than that approved for

STC SA1802SO.

The FAA concurs. AMOC approvals

to paragraph (a) or (b) of AD 93–20–02

continue to apply to paragraphs (a) and

(b) of this final rule, respectively.

Therefore, the FAA has revised

paragraph (g) of the final rule

accordingly. However, operators that

received AMOC’s to AD 93–20–02 must

still comply with the requirements of

paragraphs (c), (d), and (e) of this AD.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

There are approximately 32 Model

DC–8 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 29 airplanes of U.S.

registry will be affected by this AD.

The actions that are currently

required by AD 93–20–02, and retained

is this AD, take approximately 1 work

hour per airplane to accomplish, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of the currently required actions on U.S.

operators is estimated to be $1,740, or

$60 per airplane, per inspection cycle.

It will take 1 work hour per airplane

to accomplish the new replacement of

circuit breakers, at an average labor rate

of $60 per work hour. Required parts

will cost approximately $265 per

airplane. Based on these figures, the cost

impact of this new replacement required

by this AD on U.S. operators is

estimated to be $9,425, or $325 per

airplane.

It will take 80 work hours per airplane

to accomplish the new modification of

the hydraulic systems, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$20,000 per airplane. Based on these

figures, the cost impact of this new

modification required by this AD on

U.S. operators is estimated to be

$719,200, or $24,800 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.

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

removing amendment 39–8709 (58 FR

53635, October 18, 1993), and by adding

a new airworthiness directive (AD),

amendment 39–11709, to read as

follows:

2000–09–01 McDonnell Douglas:

Amendment 39–11709. Docket 99–NM–

338–AD. Supersedes AD 93–20–02,

Amendment 39–8709.

Applicability: Model DC–8 series airplanes

that have been converted from a passenger to

a cargo-carrying (‘‘freighter’’) configuration in

accordance with Supplemental Type

Certificate (STC) SA1802SO or SA421NW;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (g) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent opening of the cargo door while

the airplane is in flight, and consequent rapid

decompression of the airplane including

possible loss of the door, flight control, or

severe structural damage, accomplish the

following:

Restatement of Requirements of AD 93–20–

02

Actions Addressing the Main Deck Cargo

Door

(a) Within 7 days after January 21, 1992

(the effective date of AD 92–02–05,

amendment 39–8141), and thereafter at

intervals not to exceed 100 hours time-inservice, perform the following inspections:

(1) Inspect the cargo door wire bundle

between the exit point of the cargo liner and

the attachment point on the cargo door to

detect crimped, frayed, or chafed wires; and

inspect for damaged, loose, or missing

hardware mounting components. Prior to

further flight, repair any damaged wiring or

hardware mounting components in

accordance with FAA-approved maintenance

procedures.

(2) Inspect the cargo door latch rollers in

the lower sill of the cargo door opening of the

airplane to ensure that all twelve rollers can

be freely rotated by hand. Prior to further

flight, replace any discrepant roller

components found, and repair any rollers

that cannot be rotated freely by hand, in

accordance with FAA-approved maintenance

procedures.

(b) Within 7 days after November 17, 1993

(the effective date of AD 93–20–02,

amendment 39–8709), revise the Limitations

Section of the appropriate FAA-approved

Airplane Flight Manual Supplement (AFMS)

by replacing item 5 in the AFMS for

SA1802SO, and item 6 in the AFMS for

Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25629

SA421NW, with the following. (This may be

accomplished by inserting a copy of this AD

into the AFMS.)

‘‘Prior to initiating the cargo door closing

sequence, a flight crew member must verify

that the cargo door warning light is

illuminated. After the door closing sequence

is complete, and visual verification has been

made that the latches are closed and the

lockpins are properly engaged, a flight crew

member must verify that the cargo door

warning light is extinguished, and then

conduct a PRESS-TO-TEST of the warning

light to ensure that the light is operational.

Pull the cargo door circuit breakers labeled

‘‘pump’’ and ‘‘valve’’ prior to takeoff.

Methods for documentation of compliance

with the preceding procedures must be

approved by the FAA Principal Maintenance

Inspector (PMI).’’

New Requirements of This AD

Actions Addressing the Main Deck Cargo

Door Powered Lock Systems

(c) Except as provided by paragraph (f) of

this AD, within 30 days after the effective

date of this AD, unless previously

accomplished within the last 18 months prior

to the effective date of this AD, replace the

circuit breakers of the main deck cargo door

labeled ‘‘pump’’ and ‘‘valve’’ with new

circuit breakers.

Actions Addressing the Main Deck Cargo

Door Hydraulic Systems

(d) Within 18 months after the effective

date of this AD, modify the mechanical and

hydraulic systems of the main deck cargo

door, in accordance with National Aircraft

Service, Inc. (NASI) Service Bulletin SB–99–

01, Revision A, dated October 15, 1999.

Actions Addressing the Main Deck Cargo

Door Indication System

(e) Within 18 months after the effective

date of this AD, modify the indication system

of the main deck cargo door to indicate to the

pilots whether the main deck cargo door is

closed, latched, and locked; install a means

to visually inspect the locking mechanism of

the main deck cargo door; install a means to

remove power to the door while the airplane

is in flight; and install a means to prevent

pressurization to an unsafe level if the main

deck cargo door is not closed, latched, and

locked; in accordance with a method

approved by the Manager, Los Angeles

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate.

Note 2: Installation of NASI Vent Door

System STC ST01116CH, is an approved

means of compliance with the requirements

of paragraph (e) of this AD.

(f) Compliance with both paragraphs (d)

and (e) of this AD constitutes terminating

action for the requirements of both

paragraphs (a) and (b) of this AD, and the

AFMS revision required by paragraph (b) of

this AD may be removed. Compliance with

paragraph (e) of this AD within 30 days after

the effective date of this AD eliminates the

requirement to comply with paragraph (c) of

this AD.

Alternative Methods of Compliance

(g)(1) An alternative method of compliance

or adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(2) Alternative methods of compliance to

paragraph (a) of AD 93–20–02, amendment

39–8709, approved previously in accordance

with that AD, are approved as alternative

methods of compliance with only paragraph

(a) of this AD.

(3) Alternative methods of compliance to

paragraph (b) of AD 93–20–02, amendment

39–8709, approved previously in accordance

with that AD, are approved as alternative

methods of compliance with only paragraph

(b) of this AD.

Special Flight Permits

(h) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(i) The modification required by paragraph

(d) of this AD shall be done in accordance

with National Aircraft Service, Inc. (NASI)

Service Bulletin SB–99–01, Revision A, dated

October 15, 1999. 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 National Aircraft Service, Inc.

(NASI), 9133 Tecumseh-Clinton Road,

Tecumseh, MI 49286. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Transport

Airplane Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(j) This amendment becomes effective on

June 7, 2000.

Appendix 1

Excerpt from an FAA Memorandum to

Director-Airworthiness and Technical

Standards of ATA, dated March 20, 1992.

‘‘(1) Indication System:

(a) The indication system must monitor the

closed, latched, and locked positions,

directly.

(b) The indicator should be amber unless

it concerns an outward opening door whose

opening during takeoff could present an

immediate hazard to the airplane. In that case

the indicator must be red and located in

plain view in front of the pilots. An aural

warning is also advisable. A display on the

master caution/warning system is also

acceptable as an indicator. For the purpose

of complying with this paragraph, an

immediate hazard is defined as significant

reduction in controllability, structural

damage, or impact with other structures,

engines, or controls.

(c) Loss of indication or a false indication

of a closed, latched, and locked condition

must be improbable.

(d) A warning indication must be provided

at the door operators station that monitors

the door latched and locked conditions

directly, unless the operator has a visual

indication that the door is fully closed and

locked. For example, a vent door that

monitors the door locks and can be seen from

the operators station would meet this

requirement.

(2) Means to Visually Inspect the Locking

Mechanism:

There must be a visual means of directly

inspecting the locks. Where all locks are tied

to a common lock shaft, a means of

inspecting the locks at each end may be

sufficient to meet this requirement provided

no failure condition in the lock shaft would

go undetected when viewing the end locks.

Viewing latches may be used as an alternate

to viewing locks on some installations where

there are other compensating features.

(3) Means to Prevent Pressurization:

All doors must have provisions to prevent

initiation of pressurization of the airplane to

an unsafe level, if the door is not fully closed,

latched and locked.

(4) Lock Strength:

Locks must be designed to withstand the

maximum output power of the actuators and

maximum expected manual operating forces

treated as a limit load. Under these

conditions, the door must remain closed,

latched and locked.

(5) Power Availability:

All power to the door must be removed in

flight and it must not be possible for the

flight crew to restore power to the door while

in flight.

(6) Powered Lock Systems:

For doors that have powered lock systems,

it must be shown by safety analysis that

inadvertent opening of the door after it is

fully closed, latched and locked, is extremely

improbable.’’

Issued in Renton, Washington, on April 24,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–10674 Filed 5–2–00; 8:45 am]

BILLING CODE 4910–13–U