72968 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 

along with the $5,000 contribution from 

the surplus program, should be 

adequate to cover expenses for the 

2014–15 crop year. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the committee’s meeting 

was widely publicized throughout the 

California date industry, and all 

interested persons were invited to 

attend the meetings and encouraged to 

participate in committee deliberations 

on all issues. Like all committee 

meetings, the June 25, 2014, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on this issue. 

In accordance with the Paperwork 

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

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, 

‘‘Vegetable and Specialty Crops.’’ No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Riverside 

County, California, date handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

October 27, 2014. No comments were 

received. Therefore, for reasons given in 

the interim rule, we are adopting the 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: http:// 

www.regulations.gov/

#!documentDetail;D=AMS-FV-14-0057- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, 13175, 

and 13563; the Paperwork Reduction 

Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (79 FR 51067, August 27, 2014) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 987—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

■ Accordingly, the interim rule 

amending 7 CFR part 987, which was 

published at 79 FR 51067 on August 27, 

2014, is adopted as a final rule, without 

change. 

Dated: December 4, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–28834 Filed 12–8–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0450; Directorate 

Identifier 2013–NM–250–AD; Amendment 

39–18037; AD 2014–24–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model MD–90–30 

airplanes. This AD was prompted by 

reports of cracks emanating from the aftmost barrel nut holes of the left and 

right upper rear spar caps of the 

horizontal stabilizer. This AD requires 

repetitive high frequency eddy current 

(ETHF) inspections for cracks in the 

areas around the two aft-most barrel nut 

holes of the upper rear spar caps, and 

corrective action if necessary; and 

repetitive ETHF inspections for cracks 

in the areas around the two aft-most 

barrel nut holes of any repaired or 

replaced upper rear spar cap, and 

corrective actions if necessary. We are 

issuing this AD to detect and correct 

such cracks, which could propagate 

until the upper rear spar cap severs, and 

result in failure of the horizontal 

stabilizer upper center or aft skin panel 

and adversely affect the structural 

integrity of the airplane. 

DATES: This AD is effective January 13, 

2015. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 13, 2015. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, CA 90846–0001; telephone 

206–544–5000, extension 2; fax 206– 

766–5683; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425 227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0450; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

George Garrido, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

CA 90712–4137; phone: 562–627–5357; 

fax: 562–627–5210; email: 

george.garrido@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all The Boeing Company Model 

MD–90–30 airplanes. The NPRM 

published in the Federal Register on 

July 18, 2014 (79 FR 41943). The NPRM 

was prompted by reports of cracks 

emanating from the aft-most barrel nut 

holes of the left and right upper rear 

spar caps of the horizontal stabilizer. 

The NPRM proposed to require 

repetitive high frequency eddy current 

(ETHF) inspections for cracks in the 


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Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 72969 

areas around the two aft-most barrel nut 

holes of the upper rear spar caps, and 

corrective action if necessary; and 

repetitive ETHF inspections for cracks 

in the areas around the two aft-most 

barrel nut holes of any repaired or 

replaced upper rear spar cap, and 

corrective actions if necessary. We are 

issuing this AD to detect and correct 

such cracks, which could propagate 

until the upper rear spar cap severs, and 

result in failure of the horizontal 

stabilizer upper center or aft skin panel 

and adversely affect the structural 

integrity of the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comment received. 

Boeing supported the NPRM (79 FR 

41943, July 18, 2014). 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (79 FR 

41943, July 18, 2014) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (79 FR 41943, 

July 18, 2014). 

Costs of Compliance 

We estimate that this AD affects 52 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on 

U.S. operators 

Inspection 9 work-hours × $85 per hour = $765 per inspection cycle ............ $1,410 $2,175 per inspection 

cycle.

Up to $113,100 per 

inspection cycle. 

We estimate the following costs to do 

any necessary repairs and replacements 

that would be required based on the 

results of the inspection. We have no 

way of determining the number of 

aircraft that might need these repairs 

and replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Repair (per side) ......... 368 work-hours × $85 per hour = $31,280 ......................................... Up to $90,129 ............ Up to $121,409. 

Replacement ............... 368 work-hours × $85 per hour = $31,280 ......................................... $81,764 ...................... $113,044. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

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. 

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 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 FAA amends 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): 

2014–24–04 The Boeing Company: 

Amendment 39–18037; Docket No. 

FAA–2014–0450; Directorate Identifier 

2013–NM–250–AD. 

(a) Effective Date 

This AD is effective January 13, 2015. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model MD–90–30 airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code Stabilizers, 55. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

emanating from the aft-most barrel nut holes 

of the left and right upper rear spar caps of 


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72970 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 

the horizontal stabilizer. We are issuing this 

AD to detect and correct such cracks, which 

could propagate until the upper rear spar cap 

severs, and result in failure of the horizontal 

stabilizer upper center or aft skin panel and 

adversely affect the structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection 

At the applicable compliance time 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin MD90–55A017, 

dated September 27, 2013, except as 

provided by paragraph (j) of this AD: Do a 

high frequency eddy current inspection 

(ETHF) for cracks in the areas around the two 

aft-most barrel nut holes of the upper rear 

spar cap; and do all applicable corrective 

actions; in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–55A017, dated 

September 27, 2013. Thereafter, repeat the 

ETHF inspection at the applicable time 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin MD90–55A017, 

dated September 27, 2013. Do all corrective 

actions before further flight. 

(h) Post-Repair/Replacement Actions 

For airplanes on which a splice repair or 

replacement was done as specified in Boeing 

Alert Service Bulletin MD90–55A017: At the 

applicable compliance time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin MD90–55A017, dated 

September 27, 2013, do an ETHF inspection 

for cracks at the two aft-most barrel nut holes 

of any repaired or replaced upper rear spar 

cap, in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A017, dated September 27, 2013. 

Thereafter, repeat the ETHF inspection at the 

applicable time specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin MD90–55A017, dated September 27, 

2013. If any cracking is found, before further 

flight, do the repair or replacement, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A017, dated September 27, 2013. 

(i) Post-Repair Inspections 

The post-repair inspections of the upper 

rear spar cap of the aft flange that has been 

splice-repaired specified in Table 1 of 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin MD90–55A017, dated 

September 27, 2013, are not required by this 

AD. 

Note 1 to paragraph (i) of this AD: The 

damage tolerance inspections (post-repair 

inspections of the upper rear spar cap aft 

flange) specified in Table 1 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin MD90–55A017, dated September 27, 

2013, may be used in support of compliance 

with Section 121.1109(c)(2) or 129.109(b)(2) 

of the Federal Aviation Regulations (14 CFR 

121.1109(c)(2) or 14 CFR 129.109(b)(2)). The 

corresponding actions specified in the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–55A017, dated 

September 27, 2013, are not required by this 

AD. 

(j) Exception to the Service Information 

Where Boeing Alert Service Bulletin 

MD90–55A017, dated September 27, 2013, 

specifies a compliance time ‘‘after the 

original issue date of this service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in 

paragraph (l) of this AD. Information may be 

emailed to: 9-ANM-LAACO-AMOCREQUESTS@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(l) Related Information 

For more information about this AD, 

contact George Garrido, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, CA 90712– 

4137; phone: 562–627–5357; fax: 562–627– 

5210; email: george.garrido@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin MD90– 

55A017, dated September 27, 2013. 

(ii) Reserved. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, CA 

90846–0001; telephone 206–544–5000, 

extension 2; fax 206–766–5683; Internet 

https://www.myboeingfleet.com. 

(4) You may view this service information 

at FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425 227–1221. 

(5) You may view this service information 

that is incorporated by reference 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

November 19, 2014. 

Suzanne Masterson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–28145 Filed 12–8–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117 and 121 

[Docket No. FAA–2009–1093] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notification of availability. 

SUMMARY: The FAA is issuing a Final 

Supplemental Regulatory Impact 

Analysis (Final SRIA) of its final rule 

that amended its existing flight, duty 

and rest regulations applicable to 

certain certificate holders and their 

flightcrew members. A copy of the Final 

SRIA may be found in the docket for the 

rulemaking. The Final SRIA responds to 

comments that were made in response 

to the Initial Supplemental Regulatory 

Impact Analysis, and, where 

appropriate, incorporates new 

information provided by the 

commenters. In addition, the Final SRIA 

makes adjustments to the methodology 

used to estimate the costs and benefits 

of applying the final flight, duty, and 

rest rule to cargo-only operations, and 

includes additional sensitivity analyses. 

The results of the Final SRIA concludes 

that the base-case benefits of applying 

the flight, duty, and rest rule to cargoonly operations would be about $3 

million, and the high-case benefits of 

doing so would be about $10 million. 

Conversely, the costs of applying the 

flight, duty, and rest rule to cargo-only 

operations would be about $452 million. 

Because the results of the analysis 

continue to indicate that the costs of 

mandating all-cargo operation 

compliance with the new flight, duty, 

and rest rule significantly outweigh the 


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