66498 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Rules and Regulations

Burbank has been phased out

completely and the Centennial Russet

accounts for less than 10 percent of the

crop. The Burbank and the Centennial

have been replaced by other varieties,

including new Russet varieties which

have the same bulky features as the

Centennial.

The new varieties, however, were

required only to meet the 17⁄8 inch

minimum diameter, not the 2 inch

minimum diameter or 4 ounce

minimum weight requirements that

Centennial Russets were required to

meet. The industry was concerned that

Centennial Russets could be

misrepresented as one of the new Russet

varieties, so as to comply only with the

smaller size requirement. The interim

final rule, by establishing the same size

requirements for all Russet varieties,

eliminated that possibility.

Reducing the size requirement

allowed handlers to market a larger

portion of the Centennial Russet crop in

fresh outlets. That change improved the

marketing of Colorado potatoes and

increased returns to producers.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

Accordingly, AMS has prepared this

final regulatory flexibility analysis.

There are approximately 118 handlers

of Colorado Area 2 potatoes who are

subject to regulation under the

marketing order and approximately 280

producers of Colorado potatoes in the

regulated area. Small agricultural

service firms have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those whose annual receipts are less

than $500,000. The majority of potato

producers and handlers regulated under

the marketing agreement and order may

be classified as small entities.

Section 948.22 of the order authorizes

the issuance of handling regulations for

potatoes grown in Colorado. The interim

final rule relaxed the size requirement

for Centennial Russet variety potatoes

grown in Area No. 2 from a 2 inch

minimum diameter or 4-ounce

minimum weight to a 17⁄8 minimum

diameter with no weight option. This

change enabled handlers to market a

larger portion of the crop in fresh

market outlets and improved the

marketing of Colorado potatoes. There is

no available information detailing how

many potatoes this relaxation allowed to

be marketed which could not have been

marketed prior to this action.

The rule also eliminated a potential

compliance problem, as all Russet

varieties are now required to meet the

same size specifications. Other Russet

varieties were required only to meet the

smaller size regulation of 17⁄8 inch

diameter. Because some of the new

Russet varieties with characteristics

very similar to Centennials faced the

smaller size requirement and have

surpassed Centennials in popularity,

there was a possibility that Centennials

could have been misrepresented as one

of the new Russet varieties.

The only viable alternative to

reducing the size requirement for

Centennials was to increase the size

requirement for all other long potatoes,

including all other Russets. The

Committee surveyed 270 growers from

Area No. 2 concerning the grade and

size regulation. Both options for

equalizing the size regulations for all

long potatoes were included in the

survey. The participating growers

rejected increasing the size

requirements for all other long potatoes,

which would have reduced the number

of Colorado potatoes on the market, in

favor of the size requirement reduction

established by the interim final rule.

This rule will not impose any

additional reporting or recordkeeping

requirements on either small or large

potato handlers. As with all Federal

marketing order programs, reports and

forms are periodically reviewed to

reduce information requirements and

duplication by industry and public

sectors. In addition, the Department has

not identified any relevant Federal rules

that duplicate, overlap, or conflict with

this rule.

Further, the Committee’s meeting was

widely publicized throughout the

Colorado potato industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations. Like all

Committee meetings, the August 21,

1997, meeting was a public meeting and

all entities, both large and small, were

able to express their views on this issue.

The Committee itself is composed of 12

members, of which 5 are handlers and

7 are producers, the majority of whom

are small entities.

Also, the Committee surveyed 270

producers in Area No. 2, the majority of

whom are small entities, concerning

regulation during the 1997–98 potato

shipping season. This rule reflects the

outcome of that survey of

predominantly small growers.

An interim final rule concerning this

action was published in the Federal

Register on September 26, 1997 (62 FR

50479). Copies of the rule were mailed

or sent via facsimile to all Committee

members and Area 2 potato producers

and handlers. Finally, the rule was

made available through the Internet by

the Office of the Federal Register. A 60-

day comment period was provided. No

comments were received.

After consideration of all relevant

material presented, including the

Committee’s recommendation, and

other information, it is found that this

rule, as hereinafter set forth, will tend

to effectuate the declared policy of the

Act.

List of Subjects in 7 CFR Part 948

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

PART 948—IRISH POTATOES GROWN

IN COLORADO

Accordingly, the interim final rule

amending 7 CFR part 948 which was

published at 62 FR 50479 on September

26, 1997, is adopted as a final rule

without change.

Dated: December 15, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–33167 Filed 12–18–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–13–AD; Amendment 39–

10258; AD 97–26–15]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Models 1900, 1900C,

and 1900D Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Raytheon Aircraft

Company (Raytheon) Models 1900,

1900C, and 1900D airplanes (formerly

referred to as Beech Models 1900,

1900C, and 1900D airplanes). This AD

requires lubricating the main landing

gear actuator rod ends and eventually

replacing these rod ends with Teflonlined rod ends. The AD results from

reports of in-flight separations of the rod

end that attaches the actuator to the arm

of the main landing gear drag brace

assembly on two of the affected

airplanes caused by excessive friction in

the rod end bearing. The actions
Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Rules and Regulations 66499

specified by this AD are intended to

prevent actuator rod end failure caused

by excessive friction in the rod end

bearing, which could result in the

inability to lower the main landing gear

or result in landing gear collapse during

landing.

DATES: Effective January 25, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 25,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

the Raytheon Aircraft Company, P.O.

Box 85, Wichita, Kansas 67201–0085.

This information may also be examined

at the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–13–AD, Room 1558,

601 E. 12th Street, 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: Mr.

Steven E. Potter, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4124; facsimile

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to certain Raytheon Models 1900,

1900C, and 1900D airplanes was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on July 23, 1997 (62 FR 39492). The

NPRM proposed to require lubricating

the actuator rod ends of the P/N 114–

380041–11 (or FAA-approved

equivalent part number) main landing

gear actuators in accordance with

Raytheon Safety Communique ́ 1900–

128, dated October 25, 1996. The

proposed AD would also require

eventually replacing the rod ends of the

P/N 114–380041–11 (or FAA-approved

equivalent part number) main landing

gear actuators with Teflon-lined rod

ends, P/N M81935/1–8K (or FAAapproved equivalent part number).

Accomplishment of this proposed

replacement would be in accordance

with Raytheon Mandatory Service

Bulletin No. 2730, Issued: November,

1996.

Raytheon Models 1900, 1900C, and

1900D airplanes could have main

landing gear actuators installed that

have Parts Manufacturer Approval

(PMA). For those airplanes having PMA

parts that are equivalent (PMA by

equivalency) to those referenced in the

proposed AD, the phrase ‘‘or FAAapproved equivalent part number’’

means that the proposed actions, if

followed by a final rule, would also

apply to airplanes with PMA by

equivalency actuators installed.

The NPRM resulted from reports of

in-flight separations of the rod end that

attaches the actuator to the arm of the

main landing gear drag brace assembly

on two of the affected airplanes caused

by excessive friction in the rod end

bearing.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received from one

commenter. No comments have been

received regarding the FAA’s estimate of

the cost impact upon the public.

Comment No. 1: Language Change in

the AD

The commenter requests that the FAA

add the following language to paragraph

(b) of the proposed AD:

Installation of P/N M81935/1–8K (or FAAapproved equivalent part) rod end constitutes

terminating action to the lubricating

requirements of provision (a) of this AD.

The commenter feels that adding this

language to paragraph (b) of this AD will

eliminate the need for the language in

paragraph (a)(1) and (a)(2) of this AD.

The FAA partially agrees. The FAA

believes that language similar to that

proposed by the commenter could

replace paragraph (a)(1) of the proposed

AD, which currently reads:

This lubrication is not needed on airplanes

that have P/N M81935/1–8K (or FAAapproved equivalent part number) main

landing gear actuator rod ends installed, as

required by paragraph (b) of this AD.

However, paragraph (a)(2) states that the

operator may accomplish the

installation at any time prior to 600

hours time-in-service (TIS). The FAA

feels that this paragraph is necessary as

it provides information and clarification

necessary for persons who might want

to accomplish the installation at a

regular maintenance interval, and

would prefer to accomplish the

installation and not accomplish the

lubrication requirements of the AD. The

FAA will replace the language of

paragraph (a)(1) with language similar to

that requested by the commenter.

Paragraph (a)(1) of the final rule has

been changed accordingly.

Comment No. 2: Wrong reference to

Raytheon Safety Communique ́ 1900–128

The commenter states that Raytheon

Safety Communique ́ 1900–128 was

incorrectly referenced in the proposed

AD as Raytheon Safety Communique ́

1900–28. The commenter requests that

the proposed AD be changed to reflect

the correct reference to this service

information.

The FAA concurs and will change the

final rule accordingly.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for the

changes described above and minor

editorial corrections. The FAA has

determined that these changes and

minor corrections will not change the

meaning of the AD and will not add any

additional burden upon the public than

was already proposed.

Cost Impact

The FAA estimates that 507 airplanes

in the U.S. registry would be affected by

this AD, that it would take

approximately 4 workhours per airplane

(2 workhours per actuator with 2

actuators per airplane) to accomplish

the required installation, and that the

average labor rate is approximately $60

an hour. Parts cost approximately $233

per airplane. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$239,811, or $473 per airplane. These

figures are based on the presumption

that no owner/operator of the affected

airplanes has incorporated the required

installation.

Raytheon has informed the FAA that

approximately 609 actuator rod ends

have been shipped from the Raytheon

Aircraft Authorized Service Center. This

is enough to equip approximately 300 of

the affected airplanes (two main landing

gear actuators per airplane). Presuming

that these actuator rod ends were

incorporated on the affected airplanes

(two per airplane), this would reduce

the cost impact of this AD by $141,900

from $239,811 to $97,911.

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
66500 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Rules and Regulations

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–26–15 Raytheon Aircraft Company:

Amendment 39–10258; Docket No. 97–

CE–13–AD.

Applicability: The following model and

serial number airplanes, certificated in any

category, that are equipped with at least one

part number (P/N) 114–380041–11 (or FAAapproved equivalent part number) main

landing gear actuator:

Model Serial numbers

1900 ......... UA–2 and UA–3.

1900C ...... UB–1 through UB–74, and UC–1

through UC–174.

1900C (C–

12J).

UD–1 through UD–6.

1900D ...... UE–1 through UE–249 and UE–

252.

Note 1: The airplanes affected by this AD

could have main landing gear actuators

installed that have Parts Manufacturer

Approval (PMA). For those airplanes having

PMA parts that are equivalent (PMA by

equivalency) to those referenced in this AD,

the phrase ‘‘or FAA-approved equivalent part

number’’ means that this AD applies to

airplanes with PMA by equivalency main

landing gear actuators installed.

Note 2: This AD applies to each airplane

identified in the preceding applicability

provision, 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 installation, 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 in the

body of this AD, unless already

accomplished.

To prevent actuator rod end failure caused

by excessive friction in the rod end bearing,

which could result in the inability to lower

the main landing gear or result in landing

gear collapse during landing, accomplish the

following:

(a) Upon accumulating 1,200 hours timein-service (TIS) on each P/N 114–380041–11

(or FAA-approved equivalent part number)

main landing gear actuator or within the next

100 hours TIS after the effective date of this

AD, whichever occurs later, lubricate the

actuator rod ends in accordance with

Raytheon Safety Communique ́ 1900–128,

dated October 25, 1996.

(1) Installation of P/N M81935/1–8K (or

FAA-approved equivalent part number) main

landing gear actuator rod ends constitutes

terminating action to the lubricating

requirements of paragraph (a) of this AD.

(2) Installing the P/N M81935/1–8K (or

FAA-approved equivalent part number) main

landing gear actuator rod ends may be

accomplished at any time prior to the next

600 hours TIS, at which time they must be

installed (see paragraph (b) of this AD).

(b) Within the next 600 hours TIS after the

effective date of this AD, install Teflon-lined

main landing gear actuator rod ends, P/N

M81935/1–8K (or FAA-approved equivalent

part number), in accordance with the

ACCOMPLISHMENT INSTRUCTIONS

section of Raytheon Mandatory Service

Bulletin No. 2730, Issued: November, 1996.

(c) As of the effective date of this AD, no

person may install a P/N 114–380041–11 (or

FAA-approved equivalent part number) main

landing gear actuator without replacing the

rod ends with P/N M81935/1–8K (or FAAapproved equivalent part number). Installing

these Teflon-lined rod ends re-identifies the

main landing gear actuator as P/N 114–

380041–13.

(d) 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.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office (ACO), 1801 Airport

Road, Room 100, Mid-Continent Airport,

Wichita, Kansas 67209. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(f) The lubrication required by this AD

shall be done in accordance with Raytheon

Safety Communique ́ 1900–128, dated

October 25, 1996. The installation required

by this AD shall be done in accordance with

Raytheon Mandatory Service Bulletin No.

2730, Issued: November, 1996. 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 the

Raytheon Aircraft Company, P.O. Box 85,

Wichita, Kansas 67201–0085. Copies may be

inspected at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(g) This amendment (39–10258) becomes

effective on January 25, 1998.

Issued in Kansas City, Missouri, on

December 10, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–32994 Filed 12–18–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–140–AD; Amendment

39–10254; AD 97–26–11]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, and –320

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Aerospatiale Model

ATR42–200, –300, and –320 series

airplanes, that requires an inspection to

detect corrosion of the rear spars of the

wings, and corrective actions, if

necessary. This amendment is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by this AD are