Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66315

Mexico is the largest exporter of

tomatoes to the United States. Over the

last 10 years, Mexican exports to the

United States averaged 32,527

containers of 25,000 pound equivalents

per season (October 5–July 5) and

comprised about 99 percent of all

imported tomatoes to the United States

during that time. Total imports during

that period averaged 32,752 containers

of 25,000 pound equivalents (October 5–

July 5). Some of the imports from

Mexico may have been transhipped to

Canada. Small quantities of tomatoes are

imported from Caribbean Basin

countries. Domestic shipments for the

past 10 years averaged 108,577

containers of 25,000 pound equivalents

(October 5–July 5). Florida shipments

comprised about 48 percent of the total

shipments for the same period. This

information is from AMS Market News

Branch data that most closely

approximates the Florida shipping

season.

The grade increase is expected to

benefit the marketers of both Florida

and imported tomatoes by providing

consumers with higher quality

tomatoes. The Department has contacted

a few tomato importers concerning

imports. The importers indicated that

they would not have undue difficulty

meeting the higher grade requirements.

Also, Department fresh products

inspectors at the Port of Nogales,

Arizona, the port were most Mexican

produced tomatoes enter the United

States, estimated that only 2 to 3 percent

of the total tomato imports from Mexico

were U.S. No. 3 grade. The remainder

were U.S. No. 2 grade and higher. Thus,

the Department believes that the

proposed increase will not limit the

quantity of imported tomatoes or place

an undue burden on exporters, or

importers of tomatoes. The expected

increase in customer satisfaction and

more positive marketplace atmosphere

resulting from providing the desired

quality should benefit all tomato

importers regardless of size.

This action would not impose any

additional reporting or record keeping

requirements on either small or large

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

proposed rule.

In addition, the Committee’s meeting

was widely publicized throughout the

Florida tomato industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Like all Committee meetings, the

September 5, 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.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

A 30-day comment period is provided

to allow interested persons to respond

to this proposal. Florida tomato

handlers began shipping tomatoes in

October. Thirty days is deemed

appropriate because this rule, if

adopted, needs to be in place as soon as

possible to cover as much of the 1997–

98 shipping season as feasible. In

addition, handlers need time to adjust

their sorting and packing line

equipment to meet the higher grade

requirements. Florida tomato handlers

are aware of this issue, which has been

widely discussed at various industry

and association meetings and was

recommended by a majority of the

Committee. All comments received in a

timely manner will be considered prior

to finalization of this rule.

List of Subjects in 7 CFR Parts 966 and

980

Marketing agreements, Reporting and

recordkeeping requirements, Tomatoes.

For the reasons set forth in the

preamble, 7 CFR parts 966 and 980 are

proposed to be amended as follows:

PART 966—TOMATOES GROWN IN

FLORIDA

PART 980—VEGETABLES; IMPORT

REGULATIONS

1. The authority citation for 7 CFR

parts 966 and 980 continue to read as

follows:

Authority: 7 U.S.C. 601–674.

2. Section 966.323 is amended by

revising paragraph (a)(1) to read as

follows:

§ 966.323 Handling regulation.

* * * * *

(a) Grade, size, container, and

inspection requirements—(1) Grade.

Tomatoes shall be graded and meet the

requirements specified for U.S. No. 1,

U.S. Combination, or U.S. No. 2 of the

U.S. Standards for Grades of Fresh

Tomatoes. When not more than 15

percent of the tomatoes in any lot fail to

meet the requirements of U.S. No. 1

grade and not more than one-third of

this 15 percent (or 5 percent) are

comprised of defects causing very

serious damage including not more than

1 percent of tomatoes which are soft or

affected by decay, such tomatoes may be

shipped and designated as at least 85

percent U.S. No. 1 grade.

* * * * *

3. Section 980.212 is amended by

revising paragraph (b)(1) to read as

follows:

§ 980.212 Import regulations; tomatoes.

* * * * *

(b) * * *

(1) From October 10 through June 15

of each season, tomatoes offered for

importation shall be at least 2 8/32

inches in diameter. Not more than 10

percent, by count, in any lot may be

smaller than the minimum specified

diameter. All lots of tomatoes shall be

at least U.S. No. 2 grade.

* * * * *

Dated: December 12, 1997.

Eric M. Forman,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 97–33004 Filed 12–17–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–289–AD]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Saab Model SAAB 2000 series

airplanes. This proposal would require

application of sealant to the auxiliary

power unit (APU) firezone bulkhead.

This proposal is prompted by issuance

of mandatory continued airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent hazardous amounts

of flame, fuel, and vapor from entering

the passenger compartments due to

unsealed openings in the firezone

bulkhead, which could result in a fire

outside the APU firezone compartment.
66316 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

DATES: Comments must be received by

January 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

289–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

SAAB Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–289–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

97–NM–289–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfartsverket (LFV), which is

the airworthiness authority for Sweden,

notified the FAA that an unsafe

condition may exist on certain Saab

Model SAAB 2000 series airplanes. The

LFV advises that hazardous amounts of

flame, fuel, and vapor could enter the

passenger compartment due to unsealed

openings in the auxiliary power unit

(APU) firezone bulkhead. Unsealed

openings in the firezone bulkheads have

been attributed to an oversight during

manufacturing. This condition, if not

corrected, could result in a fire outside

the APU firezone compartment.

Explanation of Relevant Service

Information

Saab has issued Service Bulletin

2000–53–024, dated December 2, 1996,

which describes procedures for

applying sealant to the firezone

bulkhead in the APU area. The LFV

classified this service bulletin as

mandatory and issued Swedish

airworthiness directive SAD No. 1–105,

dated December 4, 1996, in order to

assure the continued airworthiness of

these airplanes in Sweden.

FAA’s Conclusions

This airplane model is manufactured

in Sweden and is type certificated for

operation in the United States under the

provisions of § 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the LFV has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LFV,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Cost Impact

The FAA estimates that 3 Model

SAAB 2000 series airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 2 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the proposed

AD on U.S. operators is estimated to be

$360, or $120 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66317

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

SAAB Aircraft AB: Docket 97–NM–289–AD.

Applicability: Model SAAB 2000 series

airplanes, serial numbers –004 through –040

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 (b) 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 prevent hazardous amounts of flame,

fuel, and vapor from entering the passenger

compartment due to unsealed openings in

the firezone bulkhead, which could result in

an uncontrollable fire outside the auxiliary

power unit (APU) firezone compartment,

accomplish the following:

(a) Within 400 flight hours or 2 months

after the effective date of this AD, whichever

occurs later, apply sealant to the APU

firezone bulkhead, in accordance with Saab

Service Bulletin 2000–53–024, dated

December 2, 1996.

(b) 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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) 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.

Note 3: The subject of this AD is addressed

in Swedish airworthiness directive SAD No.

1–105, dated December 4, 1996.

Issued in Renton, Washington, on

December 11, 1997.

Gilbert L. Thompson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32997 Filed 12–17–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–290–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 1000, 2000, 3000, and

4000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Fokker Model F28 Mark 1000,

2000, 3000, and 4000 series airplanes.

This proposal would require

replacement of certain hinges on the

forward, center, and aft cargo doors with

improved hinges. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent failure of the

cargo door hinges caused by stress

corrosion or fatigue cracks, which could

result in decompression of the airplane,

and possible in-flight separation of the

cargo door.

DATES: Comments must be received by

January 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

290–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Service B.V., Technical Support

Department, P. O. Box 75047, 1117 ZN

Schiphol Airport, the Netherlands. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington,

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–290–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–290–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, notified the FAA that

an unsafe condition may exist on certain

Fokker Model F28 Mark 1000, 2000,

3000, and 4000 series airplanes. The

RLD advises that it has received reports

of fracturing of the cargo door hinges

due to stress corrosion. Approximately

one-half of the lugs of the fuselagemounted hinge were cracked on one

airplane. In addition, the RLD received

one report of fatigue cracks in the cargo

door hinge on a test article. These

conditions, if not corrected, could result

in failure of the cargo door hinges,

which could result in decompression of

the airplane, and possible in-flight

separation of the cargo door.