This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

38541 

Vol. 78, No. 124 

Thursday, June 27, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 58 

RIN 0581–AD25 

[Doc. No. AMS–DA–10–0002] 

Increase in Fees for Voluntary Federal 

Dairy Grading and Inspection Services 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule increases the 

fees for voluntary Federal dairy grading 

and inspection services. The fees will 

increase 10 percent effective August 

2013 and an additional 10 percent 

effective February 2014. The fees 

applicable to European Union Health 

Certification Program derogation 

requests are unchanged. Dairy grading 

and inspection services are voluntary 

and are financed in their entirety 

through user fees assessed to 

participants using the program. Despite 

the adoption of technologies that have 

improved services, additional changes 

in operations that enhanced efficiencies, 

and reduced employee numbers, 

increases in salaries, technology 

investments, and general inflation have 

more than offset savings resulting in the 

need to increase fees. AMS estimates the 

fee increase will result in an overall cost 

increase to the industry of less than 

$0.0004 per pound of dairy product 

graded. 

DATES: Effective: August 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Diane Lewis, Director, Grading and 

Standards Division, Dairy Programs, 

Agricultural Marketing Service, U.S. 

Department of Agriculture, Stop 0225, 

Room 2968—South, 1400 Independence 

Avenue SW., Washington, DC 20250– 

0225, or call (202) 720–4392. 

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 12988 

This rule has been determined to be 

‘‘not significant’’ for purposes of 

Executive Order 12866, and therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not retroactive. 

There are no administrative procedures 

which must be exhausted prior to any 

judicial challenge to the provisions of 

this rule. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

Pursuant to the requirement set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this action on 

small entities. It has been determined 

that its provisions would not have a 

significant economic effect on a 

substantial number of small entities. For 

the purpose of the Regulatory Flexibility 

Act, a dairy products manufacturer is a 

‘‘small business’’ if it has fewer than 500 

employees. If a plant is part of a larger 

company operating multiple plants that 

collectively exceed the 500 employee 

limit, the plant will be considered a 

large business even if the local plant has 

fewer than 500 employees. 

Under the Agricultural Marketing Act 

of 1946, as amended, (AMA) (7 U.S.C. 

1621–1627), the Dairy Grading and 

Inspection Branch, AMS, provides 

voluntary Federal inspection and dairy 

product grading services to about 360 

plants. An estimated 345 of these users 

are small businesses under the criteria 

established by the Small Business 

Administration (13 CFR 121.201). 

This rule will raise the fees charged 

to businesses for voluntary plant 

inspections, grading services for dairy, 

and related products. This rule will not 

raise fees applicable to the European 

Union Health Certification Program 

derogation process. These actions will 

equally affect all businesses that use 

these services. Dairy processing plants 

participating in the voluntary plant 

inspection program have their facility 

inspected against established USDA 

‘‘General Specifications for Dairy Plants 

Approved for USDA Inspection and 

Grading Service’’ construction and 

sanitation requirements. Businesses are 

under no obligation to use these 

voluntary user-fee based services and 

any decision on their part to 

discontinue the use of the services 

would not prevent them from marketing 

their products. It is estimated that the 

fee increases will result in an increase 

to plants of $0.0004 per pound of graded 

product. Therefore, AMS has 

determined that this rule will not have 

a significant economic impact on small 

businesses. 

A review of reporting requirements 

was completed under the Paperwork 

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

Chapter 35). The review determined that 

this rule would have no impact on 

reporting, recordkeeping, or other 

compliance requirements for entities 

currently using voluntary Federal dairy 

inspection and grading services because 

they would remain identical to the 

current requirements. 

This action does not request 

additional information collection that 

requires clearance by OMB. The primary 

sources of data used to complete the 

forms are routinely used in most 

business transactions. Forms require 

only a minimal amount of information 

which can be supplied without data 

processing equipment or a trained 

statistical staff. Thus, the information 

collection and reporting burden is 

small. Requiring the same information 

from all participating dairy plants does 

not significantly disadvantage any plant 

that is smaller than the industry 

average. 

Description of Program 

Plants participating in the voluntary 

AMS Dairy Grading and Inspection 

Program process milk into dairy foods 

that enter commerce as retail products, 

ingredients for further processing, 

purchases for Federal food assistance 

programs, or exports to other countries. 

Services provided by the program 

enhance the marketability and add 

value to dairy and dairy-containing 

foods. Dairy products manufactured in 

facilities complying with the USDA 

inspection requirements are eligible to 

be graded against official quality 

standards and specifications established 

by AMS and certain contract provisions 

between buyer and seller. Dairy 

products tested and graded by AMS 

have certificates issued describing the 

product’s quality and condition. 

AMS continually reviews cost 

structures to assure it is operating 

efficiently while maintaining the 

resources necessary to meet the dairy 

industry’s demand for services. 


TKELLEY on DSK3SPTVN1PROD with RULES
38542 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 

Periodically, fees must be adjusted to 

ensure that the program remains 

financially self-supporting. The AMS 

Dairy Grading and Inspection Program 

has made great efforts to reduce the 

costs associated with providing grading 

and inspection services since the last fee 

increase in 2006 (71 FR 60805). Costsaving initiatives to date have resulted 

in substantial gains in the efficiency of 

service delivery. In 2006, total costs for 

the program were $5.2 million to grade 

and certify 1.5 billion pounds of dairy 

products—a per pound cost of $0.0035. 

In 2011, the program’s total costs were 

$5.3 million to grade and certify 2.0 

billion pounds of dairy products—a per 

pound cost of product certified of 

$0.0026, a 25 percent improvement in 

efficiency. Further enhancements will 

continue to improve the efficiency, 

quality, and timeliness of providing 

inspection and grading services. 

In an effort to minimize the costs 

associated with managing its workforce, 

the Dairy Grading and Inspection 

Program has restructured. The number 

of administrative personnel has been 

reduced from 14 full time employees to 

5 resulting in annual savings of over 

$400,000. The National Field Office, 

located in the suburbs of Chicago, colocated with other USDA offices in 

Lisle, Illinois, saving about $32,000 

annually. One supervisor and one 

training position were eliminated 

allowing about $170,000 to be 

redirected to cover cost increases for 

additional grading staff needed to 

provide requested services. In addition, 

system automation has resulted in 

improved customer service with less 

staff involvement, especially in the 

delivery of export certificates. Advances 

in electronic submissions and deliveries 

allowed nearly 20,000 export certificates 

to be issued with only 2 staff positions 

during FY 2011. 

Although significant effort has been 

directed at reducing expenses, savings 

from these efforts have not offset 

increasing operating expenses incurred 

over the past 6 years. Consequently, 

existing fee rates are no longer adequate 

to cover current obligations. The 

program is depleting reserve funds at a 

rate that jeopardizes its ability to ensure 

effective delivery of services to meet 

industry needs. Fees must be adjusted to 

cover current and projected operating 

costs. 

The Secretary of Agriculture is 

authorized by the AMA to provide 

voluntary Federal dairy inspection and 

grading services to facilitate the orderly 

marketing of dairy products and to 

enable consumers to obtain the quality 

of dairy products they desire. The AMA 

also provides for the collection of 

reasonable fees from users of the Federal 

dairy inspection and grading services to 

cover the cost of providing these 

services. AMS establishes hourly fees by 

distributing the program’s projected 

operating costs over the estimated 

service-revenue hours provided to users. 

AMS continually reviews its cost 

structure to assure it is operating 

efficiently while maintaining the 

resources necessary to meet the dairy 

industry’s demand for services. 

Periodically, fees must be adjusted to 

ensure that the program remains 

financially self-supporting. 

As part of its financially selfsupporting status, agency requirements 

necessitate that the program maintain a 

reserve trust fund with a minimum of 4 

months of operating funds to account 

for program closure or an unexpected 

decrease in revenues. Since revenues 

have not covered program costs for 

several years, the trust fund has 

gradually been depleted. The fund first 

dipped below its mandated 4-month 

reserve level in FY 2010. Without a fee 

increase, the AMS Dairy Grading and 

Inspection Branch will be put in an 

unstable financial position that will 

adversely affect the ability to provide 

dairy inspection and grading services. 

In an effort to reduce costs and delay 

depletion of reserve funds, AMS has 

continued to automate its business 

practices, consolidate facilities, limit 

personnel, and implement other 

efficiencies. As detailed earlier, progress 

to date for the AMS Dairy Grading and 

Inspection Program has been significant 

and has resulted in decreasing costs per 

pound of graded product from $0.0035 

to $0.0026. This is equivalent to a 

savings of approximately $816,000 on 

every one billion pounds of product 

graded. Further enhancements in 

automated business practices will 

continue to improve the efficiency and 

timeliness of providing inspection and 

grading services as well as information 

to users of these services. 

Discussion of Comments 

On January 17, 2013, the USDA 

published a Proposed Rule (78 FR 3851) 

to increase the user fees for voluntary 

Federal plant inspections and dairy 

product grading services. The Proposed 

Rule included a 15 percent increase in 

user-fees for dairy grading beginning in 

February 2013, and an additional 5 

percent increase beginning in October 

2013. Comments were due on or before 

February 19, 2013. 

Six comments were received: One 

from a federation of dairy cooperative 

associations, two from dairy 

manufacturer associations, one from a 

non-profit trade organization and two 

from individuals. 

One of the comments received from 

an individual expressed opposition to 

the proposed fee increase. The comment 

explained how adoption of the proposed 

fee increase would increase prices to 

consumers, increase employee 

workload, and exempt larger plants 

from the grading program. 

The Dairy Grading and Inspection 

Program is voluntary. Plants who utilize 

the program do so in order to prove to 

their customers and to consumers that 

their product has been certified by the 

USDA to meet certain standards. The 

program is utilized by both small and 

large businesses. USDA estimates that 

the increased costs to dairy 

manufacturing plants resulting from the 

proposed fee increase for grading and 

inspection services to be negligible 

$0.0004 per pound of product graded. 

Two of the comments supported the 

fee increase as proposed by USDA. Both 

comments stated that a fee increase is 

justified since the program has not 

increased fees since 2006. They also 

expressed how a decline in grading 

services from insufficient revenue 

would be harmful to the dairy industry, 

and ultimately to consumers. 

Three comments supported a fee 

increase for the Dairy Grading and 

Inspection Program, but proposed a 

more gradual phase in. The comments 

stated that it is reasonable that the feefor-service program occasionally 

increase its fees to cover costs in order 

to avoid service reductions. They also 

acknowledged the increased efficiencies 

that the Dairy Grading and Inspection 

Program has already achieved. 

Two of these comments described 

how the proposed increase to grading 

and inspection fees would be a 

significant burden on dairy product 

manufacturers since it would increase 

grading fees by 20 percent in less than 

one year. The comments explained that 

grading and inspection fees are usually 

negotiated into sales contracts, and that 

these contracts are typically negotiated 

months in advance, thus manufacturers 

would have to renegotiate contracts to 

reflect the higher grading fee. The 

comments argued that this would place 

an undue financial burden on dairy 

product manufacturers who utilize the 

grading program. Alternatively, the 

comments proposed a three-part fee 

increase of 8 percent starting October 

2013, an additional 6 percent in October 

2014, and an additional 6 percent in 

October 2015. 

The additional comment proposed 

that the fee increase not be implemented 

until October 2014, and at a lower level 

of 5 percent in the first year. The 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 38543 

comment described how a longer phasein of smaller increments would be less 

disruptive to the industry and 

consumers. The comment explained 

that Federal grading and inspection of 

dairy products can be required as part 

of sales agreements with customers. The 

comment also stated that many dairy 

manufacturers have no mechanism for 

recouping the increased grading fee 

from customers. 

The suggested revisions to the fee 

increase schedule and implementation 

date provided by commenters led the 

USDA to further review the fee 

structure, taking into consideration the 

commenters concerns, as well as the 

budgetary realities faced by the Dairy 

Grading and Inspection Program. As a 

result of the analysis, this final rule 

adopts provisions that are modified 

from those in the proposed rule. The 

proposed rule provided for a 15 percent 

fee increase beginning in February 2013, 

and an additional 5 percent fee increase 

beginning in October 2013. This would 

have applied to all grading services, 

including EU health certification 

program derogation requests. This final 

rule, however, includes a two-part 

incremental fee increase consisting of a 

10 percent increase beginning in August 

2013, which is seven months later than 

initially proposed, with an additional 10 

percent increase beginning in February 

2014. 

Two of the comments also stated that 

the fee increase should not apply to the 

standard two-hours of non-resident 

service per European Union (EU) Health 

Certification Program derogation for 

somatic cell count and standard plate 

count. They explained how users of the 

EU Health Certification Program have 

invested significant resources to 

streamline the application process by 

creating electronic transfer programs to 

apply for derogations as a group. The 

comments explained how these systems 

should have already reduced USDA’s 

processing time to less than two-hours 

per derogation, and requested that 

USDA examine its current cost structure 

for derogations to see if the rate could 

be reduced. 

Beginning January 1, 2012, the U.S. 

dairy industry began transitioning to a 

farm level milk sampling program to 

verify somatic cell count and standard 

plate count compliance with EU 

regulations for products exported to the 

EU. Currently, the EU maximum SCC 

level is 400,000 and the U.S. SCC 

standard is 750,000. In an effort to 

facilitate trade, AMS implemented a 

derogation program to provide a level of 

flexibility for farms that exceed EU SCC 

requirements. Milk from farms granted a 

derogation can still be manufactured 

into products that are exported to the 

EU. 

The commenters stated the USDA 

processing time for derogations has been 

reduced as a result of the industry 

developing an electronic transfer 

program to simultaneously submit a 

group of derogation applications. While 

this development may reduce time for 

the submitter, USDA must unbundle the 

group submission and individually 

review each application, resulting in no 

reduced staff time. Furthermore, now 

that the derogation program is in its 

second year applications must be 

compared with previously submitted 

applications to ensure that farms are 

working towards compliance with the 

EU standard. Upon further review, 

USDA determined that the current fee is 

appropriate and as a result, the fee 

applicable to derogations is unchanged. 

Currently, the fees are $63.00 per hour 

for continuous resident services and 

$68.00 per hour for non-resident 

services. The increases outlined in this 

final rule result in fees of $69.00 per 

hour for continuous resident services 

effective August 2013 and $76.00 per 

hour effective February 2014. The fee 

for non-resident services between the 

hours of 6 a.m. and 6 p.m. is $75.00 per 

hour beginning August 2013 and $82.00 

per hour as of February 2014. The fee 

for non-resident services between the 

hours of 6 p.m. and 6 a.m. is $82.40 per 

hour effective August 2013 and $90.20 

as of February 2014. For services 

performed in excess of 8 hours per day 

and for services performed on Saturday, 

Sunday, and legal holidays, 11⁄2 times 

the base fees will apply and result in 

increases to $104.00 per hour for 

resident grading beginning August 2013 

and $114.00 per hour effective February 

2014. Similarly, a fee of $112.40 per 

hour for non-resident grading services 

effective August 2013 and $123.00 as of 

February 2014 also apply. Lastly, a fee 

of $68.00 per hour at the standard twohour per derogation application will 

still apply. The following table 

summarizes the fee changes: 

Service 

(all rates in dollars per hour) Current August 2013 

February 

2014 

Continuous resident services ...................................................................................................... $63.00 $69.00 $76.00 

Non-resident services .................................................................................................................. 68.00 75.00 82.00 

Non-resident services 6pm–6am (10 percent night differential) ................................................. 74.80 82.40 90.20

Continuous resident services—in excess of 8 hours (11⁄2 × base) ............................................. 94.50 104.00 114.00 

Non-resident—in excess of 8 hours (11⁄2 × base) ....................................................................... 102.00 112.40 123.00 

Derogation Applications ............................................................................................................... 68.00 68.00 68.00 

AMS estimates that dairy grading and 

inspection fees, including the adopted 

increases, will generate the following 

revenue (in thousands of dollars): FY 

2013 ($6,869); FY 2014 ($7,430); FY 

2015 ($7,546); and FY 2016 ($7,342). 

Program costs are estimated as follows 

(in thousands of dollars): FY 2013 

($6,051); FY 2014 ($6,459); FY 2015 

($6,536); FY 2016 ($6,615). The 

additional cost to the industry will still 

represent less than $0.0004 per pound 

of product certified as described in the 

proposed rule. At this increased rate, 

program analysis estimates that required 

minimum trust fund reserves will be 

reached by FY 2015. Based on the above 

assumption, trust fund reserves are 

estimated as follows (in thousands of 

dollars): FY 2013 ($1,385); FY 2014 

($2,356); FY 2015 ($3,366); FY 2016 

($4,093). 

List of Subjects in 7 CFR Part 58 

Dairy products, Food grades and 

standards, Food labeling, Reporting and 

recordkeeping requirements. 

For the reason set forth in the 

preamble, 7 CFR part 58 is amended as 

follows: 

PART 58—GRADING AND 

INSPECTION, GENERAL 

SPECIFICATIONS FOR APPROVED 

PLANTS AND STANDARDS FOR 

GRADES OF DAIRY PRODUCTS 

■ 1. The authority citation for 7 CFR 

part 58 continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

Subpart A [Amended] 

■ 2. Revise § 58.43 to read as follows: 


TKELLEY on DSK3SPTVN1PROD with RULES
38544 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 

§ 58.43 Fees for inspection, grading, 

sampling, and certification. 

Except as otherwise provided in 

§§ 58.38 through 58.46 and through the 

last day of January 2014 inclusive, 

charges shall be made for inspection, 

grading, and sampling service at the 

hourly rate of $75.00 for services 

performed between 6 a.m. and 6 p.m. 

and at $82.40 for services performed 

between 6 p.m. and 6 a.m. for service 

preformed for the time required to 

perform the service calculated to the 

nearest 15-minute period, including the 

time required for preparation of 

certificates and reports and the travel 

time of the inspector or grader in 

connection with the performance of the 

service. Starting the first day of 

February 2014, the hourly rate will be 

equal to $82.00 for service performed 

between 6 a.m. and 6 p.m. and $90.20 

for services performed between 6 p.m. 

and 6 a.m. calculated in the same 

manner. A minimum charge of one-half 

hour shall be made for service pursuant 

to each request or certificate issued. 

Charges for service performed in excess 

of the assigned tour of duty shall be 

made at a rate of 11⁄2 times the rate 

stated in this section. The hourly rate 

for work regarding compliance with 

European Union Health Certification 

Program derogation applications and/or 

review shall be assessed at $68.00. 

■ 3. Revise § 58.45 to read as follows: 

§ 58.45 Fees for continuous resident 

services. 

Irrespective of the fees and charges 

provided in §§ 58.39 and 58.43, charges 

for the inspector(s) and grader(s) 

assigned to a continuous resident 

program shall be made at the rate of 

$69.00 per hour for services performed 

during the assigned tour of duty until 

the last day of January 2013. Starting the 

first day of February 2014, the hourly 

rate shall be assessed at $76.00 for 

services calculated in the same manner. 

Charges for service performed in excess 

of the assigned tour of duty shall be 

made at a rate of 11⁄2 times the rate 

stated in this section. 

Dated: June 21, 2013 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–15331 Filed 6–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0314; Directorate 

Identifier 2013–CE–004–AD; Amendment 

39–17490; AD 2013–13–02] 

RIN 2120–AA64 

Airworthiness Directives; B–N Group 

Ltd. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all B–N 

Group Ltd. Models BN–2, BN–2A, 

BN2A MK. III, BN2A MK. III–2, BN2A 

MK. III–3, BN–2A–2, BN–2A–20, BN– 

2A–21, BN–2A–26, BN–2A–27, BN–2A– 

3, BN–2A–6, BN–2A–8, BN–2A–9, BN– 

2B–20, BN–2B–21, BN–2B–26, BN–2B– 

27, BN–2T, and BN–2T–4R airplanes. 

This AD results from mandatory 

continuing airworthiness information 

(MCAI) issued by an aviation authority 

of another country to identify and 

correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as inadequate 

sealing of the fuel filler cap (fuel tank 

cap) and the fuel filler receptacle (fuel 

tank opening), which could lead to 

contaminated fuel and result in in-flight 

shutdown of the engine. We are issuing 

this AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective August 1, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 1, 2013. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document 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 service information identified in 

this AD, contact Britten-Norman 

Aircraft Ltd, Commodore House, 

Mountbatten Business Centre, Millbrook 

Road East, Southampton SO15 1HY, 

United Kingdom; telephone: +44 01983 

872511; fax: +44 01983 873246; email: 

info@bnaircraft.com; Internet: 

www.britten-norman.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090; email: 

taylor.martin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 9, 2013 (78 FR 21072). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Preliminary investigations into a recent 

engine failure on a BN2 aeroplane have 

attributed the event to water contaminated 

fuel. The contamination is suspected to have 

occurred due to inadequate sealing between 

a post-mod NB–M–477 fuel filler cap and a 

pre-mod NB–M–477 fuel filler receptacle. 

This condition, if not detected and corrected, 

could lead to fuel water contamination, 

possibly resulting in in-flight shut down of 

the engine. 

For the reasons described above, this AD 

requires a one-time inspection of the fuel 

filler cap and fuel filler receptacle to 

determine whether they are at the same 

modification state and, depending on 

findings, accomplishment of applicable 

corrective action(s). To mitigate the risk of 

water contamination pending the installation 

of matching fuel filler cap and receptacle, 

this AD also requires daily pre-flight water 

contamination checks. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (78 

FR 21072, April 9, 2013) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the 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 (78 FR 

21072, April 9, 2013) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (78 FR 21072, 

April 9, 2013). 


TKELLEY on DSK3SPTVN1PROD with RULES