44204 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$4.82 and $11.81 per standard box of

winter pears. Therefore, the estimated

assessment revenue for the 1997–98

fiscal period as a percentage of total

grower revenue will range between 0.04

and 0.09 percent.

This action will increase the

assessment obligation imposed on

handlers. While this rule will impose

some additional costs on handlers, the

costs are minimal and in the form of

uniform assessments on all handlers.

Some of the additional costs may be

passed on to producers. However, these

costs will be offset by the benefits

derived by the operation of the

marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the winter pear

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the May 30, 1997, meeting

was a public meeting and all entities,

both large and small, were able to

express views on this issue. Finally,

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This action will not impose any

additional reporting or recordkeeping

requirements on either small or large

winter pear 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.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule. After consideration of all relevant

matter 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.

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) The 1997–98 fiscal period

began on July 1, 1997, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable winter pears handled

during such fiscal period; (2) handlers

are aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to other assessment rate actions

issued in past years; and (3) this interim

final rule provides a 30-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 927

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 927 is amended as

follows:

PART 927—WINTER PEARS GROWN

IN OREGON, WASHINGTON, AND

CALIFORNIA

1. The authority citation for 7 CFR

part 927 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 927.236 [Amended]

2. Section 927.236 is amended by

removing the words ‘‘July 1, 1996,’’ and

adding in their place the words ‘‘July 1,

1997,’’ and by removing ‘‘$0.405’’ and

adding in its place ‘‘$0.44.’’

Dated: August 14, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–22013 Filed 8–19–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–124–AD; Amendment

39–10104; AD 97–17–02]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 777–

200 series airplanes. This action

requires repetitive torquing of the

bushing retainer nuts of the pivot pins

in the horizontal stabilizer hinge

assembly to tighten loose nuts to the

new torque value; and repetitive visual

inspections, if necessary, to detect

bushing migration or damage to adjacent

structures, and repair of any damage.

This proposal also provides for an

optional terminating action for the

repetitive inspections. This amendment

is prompted by a report of a loose

bushing retainer nut, which may be

attributed to low nut torque. The actions

specified in this AD are intended to

detect and correct loose bushing retainer

nuts of the pivot pins in the horizontal

stabilizer hinge assembly, which could

result in bushing migration and

consequent damage to the adjacent

structure, and reduced controllability of

the airplane.

DATES: Effective September 4, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

4, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

October 20, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

124–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stan

Wood, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington;

telephone (425) 227–2772; fax (425)

227–1181.

SUPPLEMENTARY INFORMATION: Boeing

recently notified the FAA that an unsafe

condition may exist on certain Boeing

Model 777–200 series airplanes.

Investigation revealed that a loose

bushing retainer nut of the pivot pin in

the horizontal stabilizer hinge assembly

was found on a Boeing Model 777–200

flight test airplane that had accumulated

approximately 2,000 total flight cycles.

The cause of the loose bushing retainer

nut may be attributed to low nut torque.

A loose bushing retainer nut of the pivot

pin in the horizontal stabilizer hinge

assembly, if not corrected, could result

in bushing migration and consequent

damage to the adjacent structure, and

reduced controllability of the airplane.
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44205

Explanation of Relevant Service

Information

Boeing has issued Service Bulletin

777–53–0006, dated May 8, 1997, which

describes procedures for repetitive

inspections of the bushing retainer nuts

of the pivot pins in the horizontal

stabilizer hinge assembly to detect and

correct loose bushing retainer nuts,

migration of the bushings, or damage to

adjacent structures. This service bulletin

also describes optional procedures for

tightening the bushing retainer nuts to

a torque level of 1,000 to 1,500 in-lbs.

In addition, this service bulletin

describes procedures for tightening the

bushing retainer nuts and installing

anti-rotation brackets to prevent the

nuts from rotating, which would

eliminate the need for repetitive

inspections.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Boeing Model 777–200

series airplanes of the same type design,

this AD is being issued to detect and

correct loose bushing retainer nuts of

the pivot pins in the horizontal

stabilizer hinge assembly, which could

result in bushing migration and

consequent damage to the adjacent

structure, and reduced controllability of

the airplane. This action requires

repetitive torquing of the bushing

retainer nuts of the pivot pins in the

horizontal stabilizer hinge assembly to

tighten loose nuts to the new torque

value of 1,000 to 1,500 in-lbs; and

repetitive visual inspections, if

necessary, to detect bushing migration

or damage to adjacent structures. This

proposal also provides for an optional

action of installing brackets to prevent

rotation of the bushing retainer nuts,

which would constitute termination for

the repetitive inspections. These actions

are required to be accomplished in

accordance with the service bulletin

described previously.

Differences Between the AD and the

Relevant Service Information

Operators should note that, although

Boeing Service Bulletin 777–53–0006

provides procedures to eliminate the

need for repetitive inspections after

accomplishment of a third inspection

(2,150 flight cycles), this AD requires

repetitive inspections at intervals not to

exceed 1,000 flight cycles, until

accomplishment of the terminating

action. In developing an appropriate

compliance time for this AD, the FAA

has determined that the repetitive

inspections should not be extended to a

third inspection (2,150 flight cycles) and

that, in order to provide an acceptable

level of safety, repetitive intervals

should not exceed 1,000 flight cycles.

Operators should also note that,

although the service bulletin specifies

that the manufacturer must be contacted

for instructions in the repair of damage,

this AD requires the repair to be

accomplished in accordance with a

method approved by the FAA.

Interim Action

The FAA is considering further

rulemaking to supersede this AD to

require installing anti-rotation brackets

to prevent the nuts from rotating.

However, the planned compliance time

for accomplishment of this action is

sufficiently long so that prior notice and

time for public comment will be

practicable.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that 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 that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–124–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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.
44206 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

§39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–17–02 Boeing: Amendment 39–10104.

Docket 97–NM–124–AD.

Applicability: Model 777–200 series

airplanes, line numbers 3, 5, 7 through 9

inclusive, 11 through 13 inclusive, 15

through 17 inclusive, and 19 through 22

inclusive; 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 (d) 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 detect and correct loose bushing

retainer nuts of the pivot pins in the

horizontal stabilizer hinge assembly, which

could result in bushing migration and

consequent damage to the adjacent structure,

and reduced controllability of the airplane,

accomplish the following:

(a) Within 150 flight cycles after the

effective date of this AD, torque the bushing

retainer nuts to the new torque value of 1,000

to 1,500 in-lbs, in accordance with Figure 2

of the Boeing Service Bulletin 777–53–0006,

dated May 8, 1997. Repeat the torquing

thereafter at intervals not to exceed 1,000

flight cycles.

Note 2: Where there are differences

between the AD and the service bulletin, the

AD prevails.

(b) If any bushing retainer nut is loose and

is not correctly attached to the bushing, prior

to further flight, perform a visual inspection

to determine whether bushing migration has

occurred, in accordance with Figure 2 of the

Boeing Service Bulletin 777–53–0006, dated

May 8, 1997.

(1) If bushing migration has not occurred,

prior to further flight, tighten the bushing

retainer nuts in accordance with Figure 2 of

the service bulletin. Repeat the visual

inspection thereafter at intervals not to

exceed 1,000 flight cycles.

(2) If bushing migration has occurred, prior

to further flight, inspect/replace the bushing

and other affected components and repair

any damage, in accordance with a method

approved by the Manager, Seattle Aircraft

Certification Office (ACO), FAA, Transport

Airplane Directorate.

(c) Accomplishment of installing an antirotation bracket in accordance with Figure 3

of Boeing Service Bulletin 777–53–0006,

dated May 8, 1997, constitutes terminating

action for the repetitive inspection

requirements of this AD.

(d) 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, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(e) Special flight permits may be issued in

accordance with sections 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.

(f) Certain actions shall be done in

accordance with Boeing Service Bulletin

777–53–0006, dated May 8, 1997. 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 Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(g) This amendment becomes effective on

September 4, 1997.

Issued in Renton, Washington, on August

11, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–21773 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–167–AD; Amendment

39–10099; AD 97–16–07]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

2000 series airplanes, that requires

replacement of the existing fire, tailpipe,

and bleed-air overheat detector control

units with new, improved units. This

amendment is prompted by reports

indicating that false engine and

auxiliary power unit (APU) fire

warnings were issued from the fire

detector control units due to moisture or

induced voltages of the detector control

unit. The actions specified by this AD

are intended to prevent such false fire

warnings, which could result in

unnecessary diversion of the airplane,

and resultant increased risks to the

airplane, passengers, and crew, and the

potential for an overweight landing.

DATES: Effective September 24, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

24, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from SAAB Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. 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 Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ruth Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–1721; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Saab Model

SAAB 2000 series airplanes was

published in the Federal Register on

May 1, 1997 (62 FR 23695). That action

proposed to require replacement of the

existing fire, tailpipe, and bleed leak

detector control units with new,

improved units.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Revised Service Bulletin Citation

The final rule has been revised to

clarify that Saab Service Bulletin 2000–

26–002, which was cited in the proposal

as the appropriate source of service

information, includes Attachments 1

and 2. These attachments specify

procedures from the Aircraft

Maintenance Manual for removal and

installation of the bleed-air overheat

detection system control unit.

Conclusion

After careful review of the available

data, the FAA has determined that air

safety and the public interest require the