Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35267

information collection and

recordkeeping requirements imposed by

this order have been previously

approved by OMB and assigned OMB

Number 0581–0177.

The Board’s meetings were widely

publicized throughout the tart cherry

industry and all interested persons were

invited to attend them and participate in

Board deliberations. Like all Board

meetings, the March 2000 meeting was

a public meeting and all entities, both

large and small, were able to express

their views on these issues. The Board

itself is composed of 18 members, of

which 17 members are growers and

handlers and one represents the public.

Also, the Board has a number of

appointed committees to review certain

issues and make recommendations.

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 the following website:

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

authorizing Japan as an eligible export

outlet for purposes of the diversion and

exemption provisions under the order.

After consideration of all relevant

material presented, including the

Board’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 relaxes

requirements by providing an additional

opportunity for handlers to receive an

exemption or diversion credit; (2) the

Board needs this rule to be in place by

July 1, 2000, so handlers can take

advantage of this option; (3) the Board

recommended this change at a public

meeting 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 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cherries.

For the reasons set forth in the

preamble, 7 CFR part 930 is amended as

follows:

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

1. The authority citation for 7 CFR

part 930 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 930.159 [Amended]

2. In § 930.159, paragraph (a) is

amended by removing the word ‘‘Japan’’

and adding the word ‘‘and’’ in between

the words ‘‘Canada’’ and ‘‘Mexico’’.

§ 930.162 [Amended]

3. In § 930.162, paragraph (a) and

paragraph (b)(3) are amended by

removing the word ‘‘Japan’’ and adding

the word ‘‘and’’ in between the words

‘‘Canada’’ and ‘‘Mexico’’.

Dated: May 26, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–13782 Filed 6–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–21–AD; Amendment

39–11753; AD 2000–11–05]

RIN 2120–AA64

Airworthiness Directives; Air Tractor

Incorporated Models AT–301, AT–401,

and AT–501 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Air Tractor

Incorporated (Air Tractor) Models AT–

301, AT–401, and AT–501 airplanes that

are equipped with a 3⁄16-inch thick

aluminum fin front spar fitting and an

all metal rudder. This AD requires that

you repetitively inspect the vertical fin

front spar attachment fittings for fatigue

cracks, and rework the vertical fin if any

cracks are found. This AD is the result

of reports of a vertical fin front spar

fitting failure on a Model AT–401

airplane. The actions specified by this

AD are intended to detect and correct

cracks in the vertical fin front spar

attachment fittings, which could result

in failure of the vertical fin. This

condition could lead to loss of

directional control and eventual loss of

airplane control.

DATES: This AD becomes effective on

June 23, 2000.

The Director of the Federal Register

previously approved the incorporation

by reference of Snow Engineering

Company Service Letter #138, Revised

August 7, 1996, as of August 25, 1997.

The Director of the Federal Register

approved the incorporation by reference

of Snow Engineering Company Service

Letter #196, Revised March 7, 2000, as

of June 23, 2000.

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before July 28, 2000.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–21–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106.

You may get the service information

referenced in this AD from Air Tractor

Incorporated, P.O. Box 485, Olney,

Texas 76374. You may examine this

information at FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

21–AD, 901 Locust, Room 506, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob

Romero, Aerospace Engineer, Airplane

Certification Office, FAA, 2601

Meacham Boulevard, Fort Worth, Texas

76137; telephone: (817) 222–5102;

facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD?

The FAA has received a report of an

incident involving an Air Tractor Model

AT–401 airplane. The following

describe this incident:

1. The vertical fin front spar plate

cracked and caused failure of the

vertical fin front spar fitting;

2. The rear spar consequently failed

and the fin contacted the elevator,

which caused difficulty in controlling

the airplane; and

3. The front spar failure occurred in

the 3⁄16-inch thick aluminum fin front

spar fitting across one of the bolt holes

where the fitting attaches to the fuselage

frame.

35268 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

What are the consequences if the

condition is not corrected? Fatigue

cracking of the vertical fin front spar

attachment fittings, if not detected and

corrected, could result in structural

failure of the front spar and

consequently the rear spar. This could

result in loss of directional control and

loss of control of the airplane.

Is there service information that

applies to this subject? Snow

Engineering Company has issued the

following service information that

relates to this subject:

Service letter # Issue/revision dates Procedures for

Service Letter #196 .............. Issued February 9, 2000; Revised March 7, 2000 ......... Reworking the vertical fin.

Service Letter #138 .............. Issued July 29, 1995; Revised August 7, 1996 .............. Repetitively inspecting the vertical fin front spar attachment fittings for fatigue cracks.

The FAA’s Determination and an

Explanation of the Provisions of the AD

What has FAA decided? After

examining the circumstances and

reviewing all available information

related to the incidents described above,

including the relevant service

information, we determined that:

—An unsafe condition exists or could

develop on certain Air Tractor Models

AT–301, AT–401, and AT–501

airplanes of the same type design to

the incident airplane that are

equipped with a 3⁄16-inch thick

aluminum fin front spar fitting and an

all metal rudder; and

—AD action should be taken in order to

detect and correct cracks in the

vertical fin front spar attachment

fittings, which could result in failure

of the vertical fin. This condition

could lead to loss of directional

control and eventual loss of airplane

control.

What does this AD require? This AD

requires you to:

1. repetitively inspect vertical fin

front spar attachment fittings for fatigue

cracks; and

2. rework the vertical fin if any cracks

are found.

Once you rework the vertical fin, you

may discontinue the repetitive

inspections.

The applicability of Snow

Engineering Company Service Letter

#138 refers to different airplanes than

are referenced in this AD action. AD 97–

14–05, Amendment 39–10063 (62 FR

38445, July 18, 1997), covers the

airplanes referenced in Service Letter

#138. The inspection procedures also

apply for the airplanes referenced in

this AD action. Therefore, Snow

Engineering Company Service Letter

#138 also applies to this AD, as well as

AD 97–14–05. This service letter also

specifies repetitive inspection intervals

of 25 hours time-in-service (TIS).

Paragraph (d)(2) of this AD requires the

repetitive inspections at 100 hours TIS.

Will I have the opportunity to

comment prior to the issuance of the

rule? Because the unsafe condition

described in this document could result

in loss of directional control and

eventual loss of airplane control, FAA

finds that notice and opportunity for

public prior comment are impracticable.

Therefore, good cause exists for making

this amendment effective in less than 30

days.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and opportunity for public

comment, FAA invites comments on

this rule. You may submit whatever

written data, views, or arguments you

choose. You need to include the rule’s

docket number and submit your

comments in triplicate to the address

specified under the caption ADDRESSES.

The FAA will consider all comments

received on or before the closing date.

We may amend this rule in light of

comments received. Factual information

that supports your ideas and suggestions

is extremely helpful in evaluating the

effectiveness of the AD action and

determining whether we need to take

additional rulemaking action.

The FAA is re-examining the writing

style we currently use in regulatory

documents, in response to the

Presidential memorandum of June 1,

1998. That memorandum requires

federal agencies to communicate more

clearly with the public. We are

interested in your comments on whether

the style of this document is clearer, and

any other suggestions you might have to

improve the clarity of FAA

communications that affect you. You

can get more information about the

Presidential memorandum and the plain

language initiative at http://

www.plainlanguage.gov.

The FAA specifically invites

comments on the overall regulatory,

economic, environmental, and energy

aspects of the rule that might suggest a

need to modify the rule. You may

examine all comments we receive before

and after the closing date of the rule in

the Rules Docket. We will file a report

in the Rules Docket that summarizes

each FAA contact with the public that

concerns the substantive parts of this

AD.

If you want us to acknowledge the

receipt of your comments, you must

include a self-addressed, stamped

postcard. On the postcard, write

‘‘Comments to Docket No. 2000–CE–21–

AD.’’ We will date stamp and mail the

postcard back to you.

Regulatory Impact

These regulations 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, FAA

has determined that this final rule does

not have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a significant regulatory action

under Executive Order 12866. We have

determined that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If FAA

determines that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, we will

prepare a final regulatory evaluation.

You may obtain a copy of the evaluation

(if required) from the Rules Docket.

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.

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35269

§ 39.13 [Amended]

2. FAA amends Section 39.13 by

adding a new airworthiness directive

(AD) to read as follows:

2000–11–05 Air Tractor Incorporated:

Amendment 39–11753; Docket No.

2000–CE–21–AD.

(a) What airplanes are affected by this AD?

The following airplane models and serial

numbers that are:

(1) Certificated in any category; and

(2) Equipped with a 3⁄16-inch fin front spar

fitting and an all metal rudder.

Models Serial numbers

AT–301 ...................... 301–0100 through

301–0736

AT–401 ...................... 401–0662 through

401–0736

AT–501 ...................... 501–0002 through

501–0030

Note: This AD does not affect the

requirements of AD 97–14–05, Amendment

39–10063 (62 FR 38445, July 18, 1997). AD

97–14–05 requires similar actions to this AD

on Models AT–302, AT–400, AT–400A

airplanes, and certain Models AT301, AT–

401, and AT–501 airplanes that are not

affected by this AD.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes on the U.S. Register.

(c) What problem does this AD address?

The actions required by this AD are intended

to detect and correct cracks in the spar plates,

which could result in failure of the vertical

fin. This condition could lead to loss of

directional control and eventual loss of

control of the airplane.

(d) What must I do to address this

problem? To address this problem, you must

accomplish the following:

Action Compliance time Procedures

(1) Initial inspection of the fin front spar attachment fittings for fatigue

cracks.

At whichever of the following that

occurs later.

(i) Upon accumulating 4,000 hours

time-in-service (TIS); or,.

(ii) Within the next 25 hours TIS

after the June 23, 2000 (the effective date of this AD).

Accomplish in accordance with the

Inspection Requirements section

of Snow Engineering Company

Service Letter #138, Issued July

29, 1995; Revised August 7,

1996.

(2) Repetitive inspections of the fin front spar attachment fittings. Repetitive inspection requirement only applies if no cracks are found

and you choose not to rework the fin front spar attachment.

Within 100 hours TIS after the initial inspection and thereafter at

intervals not to exceed 100

hours TIS if you have no cracks

and choose not to rework the fin

front spar attachment.

Accomplish in accordance with the

Inspection Requirements section

of Snow Engineering Company

Service Letter #138, Issued July

29, 1995; Revised August 7,

1996.

(3) Rework the fin front spar attachment fittings .................................... (i) Prior to further flight after any

inspection where a crack is

found in the front or rear spar

area.

(ii) This eliminates the repetitive

inspection requirement of this

AD.

Accomplish in accordance with the

Vertical Fin Rework Instructions

section of Snow Engineering

Company Service letter #196,

Issued February 9, 2000; Revised March 7, 2000.

(4) Optional rework of the fin front spar attachment fittings ................... Any time to eliminate the repetitive

inspection requirement of this

AD.

Accomplish in accordance with the

Vertical Fin Rework Instructions

section of Snow Engineering

Company Service Letter #196,

Issued February 9, 2000; Revised March 7, 2000.

Note: The applicability of Snow

Engineering Company Service Letter #138

refers to different airplanes than are

referenced in this document. AD 97–14–05,

Amendment 39–10063 (62 FR 38445, July 18,

1997), covers the airplanes referenced in

Snow Engineering Company Service Letter

#138. The inspection procedures also apply

for the airplanes referenced in this AD.

Therefore, Snow Engineering Company

Service Letter #138 also applies to this AD,

as well as AD 97–14–05. This service letter

also specifies repetitive inspection intervals

of 25 hours TIS. Paragraph (d)(2) of this AD

requires the repetitive inspections at 100

hours TIS.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Fort Worth Airplane

Certification Office (ACO), approves your

alternative. Submit your request through an

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Fort Worth ACO.

Note: This AD applies to each airplane

identified in paragraph (a) of this AD,

regardless of whether it has been 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 (e)

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 you have not

eliminated the unsafe condition, specify

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Rob Romero, Aerospace

Engineer, FAA, Fort Worth ACO, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone: (817) 222–5102;

facsimile: (817) 222–5960.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(h) Are any service bulletins incorporated

into this AD by reference? You must

accomplish the actions required by this AD

in accordance with Snow Engineering

Company Service Letter #138, Revised

August 7, 1996, and Snow Engineering

Company Service Letter #196, Revised March

7, 2000.

(1) The Director of the Federal Register

previously approved the incorporation by

35270 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

reference of Snow Engineering Company

Service Letter #138, Revised August 7, 1996,

as of August 25, 1997.

(2) The Director of the Federal Register

approved the incorporation by reference of

Snow Engineering Company Service Letter

#196, Revised March 7, 2000 under 5 U.S.C.

552(a) and 1 CFR part 51.

(3) You may get copies from Air Tractor

Incorporated, P.O. Box 485, Olney, Texas

76374. You may look at copies at FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW, suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on June 23, 2000.

Issued in Kansas City, Missouri, on May

22, 2000.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–13445 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–CE–36–AD; Amendment 39–

11762; AD 2000–11–14]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This document adopts a new

airworthiness directive (AD) that

applies to all Pilatus Aircraft Ltd.

(Pilatus) Models PC–12 and PC–12/45

airplanes that are equipped with

pneumatic deicing boots. This AD

requires you to revise the Airplane

Flight Manual (AFM) to include

requirements for activation of the

airframe pneumatic deicing boots. This

AD is the result of reports of in-flight

incidents and an accident (on airplanes

other than the affected Pilatus airplanes)

that occurred in icing conditions where

the airframe pneumatic deicing boots

were not activated. The Pilatus Models

PC–12 and PC–12/45 airplanes have a

similar type design (as it relates to

airframe pneumatic ice boots) to the

incident and accident airplanes. The

actions specified by this AD are

intended to assure that flightcrews

activate the pneumatic wing and tail

deicing boots at the first signs of ice

accumulation. This action will prevent

reduced controllability of the aircraft

due to adverse aerodynamic effects of

ice adhering to the airplane prior to the

first deicing cycle.

EFFECTIVE DATE: July 17, 2000.

ADDRESSES: You may examine

information related to this AD at the

Federal Aviation Administration (FAA),

Central Region, Office of the Regional

Counsel, Attention: Rules Docket No.

99–CE–36–AD, 901 Locust, Room 506,

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr.

John P. Dow, Sr., Aerospace Engineer,

FAA, Small Airplane Directorate, 901

Locust, Room 506, Kansas City,

Missouri 64106; telephone: (816) 329–

4121; facsimile: (816) 329–4090.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

What Caused This AD?

This AD is the result of reports of inflight incidents and an accident (on

airplanes other than the affected Pilatus

airplanes) that occurred in icing

conditions where the airframe

pneumatic deicing boots were not

activated. The Pilatus Models PC–12

and PC–12/45 airplanes have a similar

type design (as it relates to airframe

pneumatic ice boots) to the incident and

accident airplanes.

What Is the Potential Impact If FAA

Took No Action?

The information necessary to activate

the pneumatic wing and tail deicing

boots at the first signs of ice

accumulation is critical for flight in

icing conditions. If we did not take

action to include this information, flight

crews could experience reduced

controllability of the aircraft due to

adverse aerodynamic effects of ice

adhering to the airplane prior to the first

deicing cycle.

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 Pilatus Models PC–

12 and PC–12/45 airplanes that are

equipped with pneumatic deicing boots.

This proposal published in the Federal

Register as a notice of proposed

rulemaking (NPRM) on October 8, 1999

(64 FR 54833). The NPRM proposed to

require revising the Limitations Section

of the AFM to include requirements for

activation of pneumatic deicing boots at

the first indication of ice accumulation

on the airplane.

Was the Public Invited To Comment?

The FAA invited interested persons to

participate in the making of this

amendment. Following is a summary of

the two comments received with FAA’s

response.

Comment Issue No. 1: Allow the Use of

Recent Airplane Flight Manual (AFM)

Additions

What Is the Commenter’s Concern?

Pilatus requests that FAA allow the

operators of the affected airplanes to use

as an alternative method of compliance

the most recent information for Section

2, Limitations, of the Pilatus PC12

Airplane Flight Manual (AFM). This

information is included in Report No.:

01973–001, page 2–12, Revision 9:

September 1, 1999, and includes the

following language:

The wing and tail leading edge pneumatic

deicing boot system must be activated at the

first sign of ice formation anywhere on the

aircraft, or upon annunciation from an ice

detector system (if installed), whichever

occurs first.

The wing and tail leading edge pneumatic

deicing boot system may be deactivated only

after leaving icing conditions and after the

aircraft is determined to be clear of ice.

What Is FAA’s Response to the Concern?

We have determined that inserting

this report into the Section 2,

Limitations, of the Pilatus PC12 AFM

provides an equivalent level of safety to

the actions included in the NPRM.

Therefore, we are changing the AD to

include the option of incorporating into

the AFM the information proposed in

the NPRM or Report No.: 01973–001,

page 2–12, Revision 9: September 1,

1999.

Comment Issue No. 2: Information is

Already Included in the Normal

Procedures Section of the AFM

What Are the Commenter’s Concerns?

The Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, believes that

the intent of this AD is already covered

in the Pilatus PC12 AFM. The FOCA’s

concerns are as follows:

1. The appropriate time to activate the

pneumatic deice boots on the affected

Pilatus airplanes is prior to entry into

icing conditions, and until the airfoils

are free of ice after exiting icing

conditions. This information is included

in Section 4.10 (Normal Procedures) of

the PC12 AFM;

2. These instructions are not

necessary in the Limitations Section of

the AFM. The Limitations Section

should only include limitations relating

to speeds, environment (temperatures),