Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1275

redelivery notice is issued on the peanut

lot, subsequently filed prior to

conclusion of the redelivery period

which will be 60 days, unless otherwise

specified by the Customs Service.

(4) The Secretary shall ask the

Customs Service to issue a redelivery

demand for foreign produced peanut

lots failing to meet requirements of this

section. Extensions in a redelivery

period granted by the Customs Service

will be correspondingly extended by the

Secretary, upon request of the importer.

Importers unable to account for the

disposition of all peanuts covered in a

redelivery order, or redeliver such

peanuts, shall be liable for liquidated

damages. Failure to fully comply with

quality and handling requirements or

failure to notify the Secretary of

disposition of all foreign produced

peanuts, as required under this section,

may result in a compliance investigation

by the Secretary. Falsification of reports

submitted to the Secretary is a violation

of Federal law punishable by fine or

imprisonment, or both.

(5) Reinspection. Whenever the

Secretary has reason to believe that

peanuts may have been damaged or

deteriorated while in storage, the

Secretary may reject the then effective

inspection certificate and may require

the importer to have the peanuts

reinspected to establish whether or not

such peanuts may be disposed of for

human consumption.

(6) Early arrival and storage. Peanut

lots sampled and inspected upon arrival

in the United States, but placed in

storage for more than one month prior

to beginning of the quota year for which

the peanuts will be entered, must be

reported to AMS at the time of

inspection. The importer shall file

copies of the Customs Service

documentation showing the volume of

peanuts placed in storage and location,

including any identifying number of the

storage warehouse. Such peanuts should

be stored in clean, dry warehouses and

under cold storage conditions consistent

with industry standards. Pursuant to

paragraph (f)(5) of this section, the

Secretary may require reinspection of

the lot at the time the lot is declared for

entry with the Customs Service.

(g) Additional requirements. (1)

Nothing contained in this section shall

preclude any importer from milling or

reconditioning, prior to importation,

any shipment of peanuts for the purpose

of making such lot eligible for

importation into the United States.

However, all peanuts presented for

entry for human consumption use must

be certified as meeting the quality

requirements specified in paragraph (c)

of this section.

(2) Conditionally released peanut lots

of like quality and belonging to the same

importer may be commingled. Defects in

an inspected lot may not be blended out

by commingling with other lots of

higher quality. Commingling also must

be consistent with applicable Customs

Service regulations. Commingled lots

must be reported and disposed of

pursuant to paragraphs (f)(2) and (f)(3)

of this section.

(3) Inspection by the Federal or

Federal-State Inspection Service shall be

available and performed in accordance

with the rules and regulations governing

certification of fresh fruits, vegetables

and other products (7 CFR part 51). The

importer shall make each conditionally

released lot available and accessible for

inspection as provided herein. Because

inspectors may not be stationed in the

immediate vicinity of some ports-ofentry, importers must make

arrangements for sampling, inspection,

and certification through one of the

offices and laboratories listed in

paragraphs (d)(3) and (d)(4) of this

section, respectively.

(4) Imported peanut lots sampled and

inspected at the port-of-entry, or at other

locations, shall meet the quality

requirements of this section in effect on

the date of inspection.

(5) A foreign-produced peanut lot

entered for consumption or for

warehouse may be transferred or sold to

another person: Provided, That the

original importer shall be the importer

of record unless the new owner applies

for bond and files Customs Service

documents pursuant to 19 CFR

§§141.113 and 141.20; and Provided

further, That such peanuts must be

certified and reported to the Secretary

pursuant to paragraphs (f)(2) and (f)(3)

of this section.

(6) The cost of transportation,

sampling, inspection, certification,

chemical analysis, and identification, as

well as remilling and blanching, and

further inspection of remilled and

blanched lots, and disposition of failing

peanuts, shall be borne by the importer.

Whenever peanuts are presented for

inspection, the importer shall furnish

any labor and pay any costs incurred in

moving, opening containers, and

shipment of samples as may be

necessary for proper sampling and

inspection. The inspection service shall

bill the importer for fees covering

quality and size inspections; time for

sampling; packaging and delivering

aflatoxin samples to laboratories;

certifications of lot identification and lot

transfer to other locations, and other

inspection certifications as may be

necessary to verify edible quality or

inedible disposition, as specified herein.

The USDA and PAC-approved

laboratories shall bill the importer

separately for fees for aflatoxin assay.

The importer also shall pay all required

Customs Service costs as required by

that agency.

(7) Each person subject to this section

shall maintain true and complete

records of activities and transactions

specified in these regulations. Such

records and documentation

accumulated during entry shall be

retained for not less than two years after

the calendar year of acquisition, except

that Customs Service documents shall

be retained as required by that agency.

The Secretary, through duly authorized

representatives, shall have access to any

such person’s premises during regular

business hours and shall be permitted,

at any such time, to inspect such

records and any peanuts held by such

person.

(8) The provisions of this section do

not supersede any restrictions or

prohibitions on peanuts under the

Federal Plant Quarantine Act of 1912,

the Federal Food, Drug and Cosmetic

Act, any other applicable laws, or

regulations of other Federal agencies,

including import regulations and

procedures of the Customs Service.

Dated: December 31, 1996.

Larry B. Lace,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 97–283 Filed 1–8–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–51–AD; Amendment

39–9878; AD 97–01–07]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model BAe 146 and Avro

146–RJ Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all British Aerospace

Model BAe 146 and Avro 146–RJ series

airplanes, that requires modification of

the left and right elevators, and

replacement of the elevator spring with

a stiffer spring. This amendment is

prompted by reports indicating that

water and ice have accumulated at the

trailing edge of the left and right

elevators; this accumulation can cause
1276 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations

the elevators to become unbalanced, and

oscillate or flutter. The actions specified

by this AD are intended to prevent this

oscillation or flutter. Elevator

oscillation, if not corrected, could result

in reduced controllability of the

airplane. Elevator flutter, if not

corrected, could couple with the natural

vibrations of the airplane, and result in

loss of the airplane’s structural integrity.

DATES: Effective February 13, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February

13, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace Regional

Aircraft Limited, Avro International

Aerospace Division, Customer Support,

Woodford Aerodrome, Woodford,

Cheshire SK7 1QR, England. 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: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; fax (206) 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 all British

Aerospace Model BAe 146 and Avro

146–RJ series airplanes was published

in the Federal Register on October 18,

1996 (61 FR 54362). That action

proposed to require modification of the

left and right elevators by installation of

mass balance weights at the leading

edge of the horn, forward of the hinge

line; and replacement of the elevator

spring with a stiffer spring.

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.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 52 British

Aerospace Model BAe 146 and Avro

146–RJ series airplanes of U.S. registry

will be affected by this AD, that it will

take approximately 12 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $700 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $73,840, or $1,420 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the 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 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.

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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.

§ 39.13—[Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–01–07 British Aerospace Regional

Aircraft Limited, AVRO International

Aerospace Division (Formerly British

Aerospace, plc; British Aerospace

Commercial Aircraft Limited):

Amendment 39–9878. Docket 96–NM–

51–AD.

Applicability: All Model BAe 146 and Avro

146–RJ series airplanes, 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 (c) 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 the left and right elevators

from oscillating or fluttering, which

could result in either reduced

controllability of the airplane, or loss of

the airplane’s structural integrity,

accomplish the following:

(a) Within 12 months after the effective

date of this AD, accomplish the requirements

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

(1) Modify the left and right elevators by

installing mass balance weights at the leading

edge of the horn, forward of the elevator

hinge line, in accordance with British

Aerospace Service Bulletin SB.55–014–

01510A, dated December 15, 1995. And

(2) Replace the left and right elevator

spring with a stiffer spring, in accordance

with British Aerospace Service Bulletin

SB.27–150–01510B, dated December 15,

1995.

(b) As of 12 months after the effective date

of this AD, no person shall install on any

airplane an elevator that has not been

modified in accordance with paragraph (a) of

this AD.

(c) 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, Manager,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1277

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) The modification and replacement shall

be done in accordance with British

Aerospace Service Bulletin SB.55–014–

01510A, dated December 15, 1995; and

British Aerospace Service Bulletin SB.27–

150–01510B, dated December 15, 1995. 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 British

Aerospace Regional Aircraft Limited, Avro

International Aerospace Division, Customer

Support, Woodford Aerodrome, Woodford,

Cheshire SK7 1QR, England. 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.

(f) This amendment becomes effective on

February 13, 1997.

Issued in Renton, Washington, on January

2, 1997.

S. R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–365 Filed 1–8–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–28–AD; Amendment

39–9879; AD 97–01–08]

RIN: 2120–AA64

Airworthiness Directives; Fokker

Model F27 Mark 100, 200, 300, 400, 500,

600, and 700 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F27

Mark 100, 200, 300, 400, 500, 600, and

700 series airplanes, that requires a onetime visual inspection to detect missing

rivet heads or loose rivets of the

applicable stringer-to-rib connections in

the upper and lower wing skin, and

repair, if necessary. In lieu of the onetime visual inspection or in addition to

that inspection, the AD also requires

replacement of certain rivets with

certain new rivets in all applicable ribto-stringer connections of the upper and

lower wings. This amendment is

prompted by reports of missing rivet

heads at the rib-to-stringer connections

of the upper and lower wing skin at

stringers 5 and 6. The actions specified

by this AD are intended to prevent

reduced structural integrity of the wings

that is caused by problems associated

with missing and/or loose rivets.

DATES: Effective February 13, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February

13, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Fokker Aircraft USA, Inc., 1199

North Fairfax Street, Alexandria,

Virginia 22314. 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 E. Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1721; fax (206) 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 Fokker

Model F27 Mark 100, 200, 300, 400,

500, 600, and 700 series airplanes was

published in the Federal Register on

July 24, 1996 (61 FR 38407). That action

proposed to require a one-time visual

inspection to detect missing rivet heads

or loose rivets of the applicable stringerto-rib connections in the upper and

lower skin, and repair, if necessary. In

lieu of the one-time visual inspection, or

in addition to that inspection, that

action also proposed to require

replacement of certain rivets with

certain new rivets in all applicable ribto-stringer connections of the upper and

lower wings.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

One commenter supports the

proposed rule.

Request to Cite the Latest Dutch AD

One commenter notes that the

preamble to the notice stated that ‘‘the

RLD classified [Fokker Service Bulletin

F27/57–74, dated November 15, 1994]

as mandatory and issued Dutch

airworthiness directive BLA 93–094 (A),

dated July 16, 1993 * * *.’’ The

commenter points out that the reference

to BLA 93–094 (A) is incorrect, since

that BLA 93–094 (A) was issued in

1993, a year earlier than the release of

Fokker Service Bulletin F27/57–74. The

commenter states that the Dutch BLA

that mandated that service bulletin is

BLA 94–148, dated November 24, 1994.

The FAA concurs. The FAA

inadvertently referenced the wrong BLA

number and issue date in the preamble

to the notice; it should have referenced

BLA 94–148 as the applicable Dutch

airworthiness directive. However, since

that information is not restated in this

final rule, no specific change is

necessary.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

The FAA estimates that 6 Fokker

Model 100, 200, 300, 400, 500, 600, and

700 series airplanes of U.S. registry will

be affected by this AD.

The required inspection will take

approximately 4 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

required inspection action on U.S.

operators is estimated to be $240 per

airplane.

The required replacement will take

approximately 19 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. The

cost of required parts will be nominal.

Based on these figures, the cost impact

of the required replacement on U.S.

operators is estimated to be $1,140 per

airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the 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 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,