53296 Federal Register / Vol. 67, No. 158 / Thursday, August 15, 2002 / Rules and Regulations 

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 2002–03 crop year 

begins on August 1, 2002, and the 

marketing order requires that the rate of 

assessment for each crop year apply to 

all assessable dried prunes handled 

during such crop year; (2) the rule 

would decrease the assessment rate for 

assessable prunes beginning with the 

2002–03 crop year; (3) 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 (4) this interim 

final rule provides a 60-day comment 

period, and all comments timely 

received will be considered prior to 

finalization of this rule.

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plums, Prunes, 

Reporting and Recordkeeping 

requirements.

For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows:

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

1. The authority citation for 7 CFR 

part 993 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 993.347 is revised to read 

as follows:

§ 993.347 Assessment rate. 

On and after August 1, 2002, an 

assessment rate of $2.60 per ton is 

established for California dried prunes.

Dated: August 8, 2002. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 02–20687 Filed 8–14–02; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NE–08–AD; Amendment 

39–12865; AD 2002–16–26] 

RIN 2120–AA64 

Airworthiness Directives; BombardierRotax GmbH Type 912 F and 914 F 

Series Reciprocating Engines

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 serial numbers 

(SN’s) of Bombardier-Rotax GmbH type 

912 F and 914 F series reciprocating 

engines. This action requires initial and 

repetitive visual inspections of the 

engine crankcase for cracks. This 

amendment is prompted by reports of 

several instances of engine crankcases 

found cracked in service. The actions 

specified in this AD are intended to 

prevent oil loss caused by cracks in the 

engine crankcase, which could lead to 

in-flight failure of the engine and forced 

landing.

DATES: Effective September 16, 2002. 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 15, 2002.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), New England 

Region, Office of the Regional Counsel, 

Attention: Rules Docket No. 2002–NE–

08–AD, 12 New England Executive Park, 

Burlington, MA 01803–5299. Comments 

may be inspected at this location, by 

appointment, between 8 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. Comments may also 

be sent via the Internet using the 

following address: ‘‘9-aneadcomment@faa.gov’’. Comments sent 

via the Internet must contain the docket 

number in the subject line. Information 

regarding this action may be examined, 

by appointment, at the FAA, New 

England Region, Office of the Regional 

Counsel, 12 New England Executive 

Park, Burlington, MA.

FOR FURTHER INFORMATION CONTACT:

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803–5299; telephone (781) 238–7176; 

fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: Austro 

Control, which is the airworthiness 

authority for Austria, recently notified 

the FAA that an unsafe condition may 

exist on certain SN’s of BombardierRotax GmbH type 912 F and 914 F series 

reciprocating engines. Austro Control 

advises that reports have been received 

of three engine crankcases found 

cracked in service. To date, there have 

been no engine failures due to cracks in 

the crankcase. However, Austro Control 

has determined that an engine could fail 

due to oil loss from a cracked crankcase. 

This condition, if not corrected, could 

result in an inflight failure of the engine 

and forced landing. 

Bilateral Airworthiness Agreement 

Bombardier-Rotax GmbH type 912 F 

and 914 F series reciprocating engines 

are manufactured in Austria and are 

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, Austro Control 

has kept the FAA informed of the 

situation described above. The FAA has 

examined the findings of Austro 

Control, 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. 

FAA’s Determination of an Unsafe 

Condition and Required Actions 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other Bombardier-Rotax 

GmbH type 912 F and 914 F series 

reciprocating engines of the same type 

design, this AD is being issued to 

prevent oil loss caused by cracks in the 

engine crankcase, which could lead to 

in-flight failure of the engine and forced 

landing. This AD requires initial visual 

inspection for cracks of the engine 

crankcase of certain SN engines, within 

50 hours time-in-service (TIS) after the 

effective date of this AD, and repetitive 

visual inspections at each 100-hour, 

annual, or progressive inspection, or 

within 110 hours TIS since last 

inspection, whichever occurs first. If 

any cracks are found the engine must be 

replaced with a serviceable engine. The 

SN’s affected are, for 912 F series 

engines, SN’s 4,412.796 or lower, and 

for 914 F series engines, SN’s 4,420.313 

or lower. Examples of lower SN’s are 

4,412.795, 4,412.794, and 4,412.793, 

and 4,420.312, 4,420.311, and 

4,420.310.

Immediate Adoption of This AD 

Since a situation exists that requires 

the immediate adoption of this 

Federal Register / Vol. 67, No. 158 / Thursday, August 15, 2002 / Rules and Regulations 53297

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 should 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 action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2002–NE–08–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Regulatory Analysis 

This final rule does not have 

federalism implications, as defined in 

Executive Order 13132, because it 

would not have a substantial direct 

effect 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. 

Accordingly, the FAA has not consulted 

with state authorities prior to 

publication of this final rule. 

The FAA has determined that this 

regulation is an emergency regulation 

that must be issued immediately to 

correct an unsafe condition in aircraft, 

and 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, 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:

2002–16–26 Bombardier-Rotax GmbH:

Amendment 39–12865. Docket No. 

2002–NE–08–AD. 

Applicability 

This airworthiness directive (AD) is 

applicable to Bombardier-Rotax GmbH type 

912 F series reciprocating engines serial 

number (SN) 4,412.796, or lower, and 914 F 

series reciprocating engines SN 4,420.313, or 

lower. These engines are installed on, but not 

limited to, Aeromot-Industria Mecanico 

Metalurgica Itda. model AMT–300, Diamond 

Aircraft Industries DA20–A1, Diamond 

Aircraft Industries GmbH Model HK 36 TTS, 

Iniziative Industriali Italiane S.p.A. Sky 

Arrow 650 series, and Stemme S10–VT 

aircraft.

Note 1: Examples of lower SN’s are 

4,412.795, 4,412.794, and 4,412.793, and 

4,420.312, 4,420.311, and 4,420.310.

Note 2: This AD applies to each engine 

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 

engines 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 

Compliance with this AD is required as 

indicated, unless already done. 

To prevent oil loss caused by cracks in the 

engine crankcase, which could lead to inflight failure of the engine and forced 

landing, do the following: 

Initial Inspection 

(a) Within 50 hours time-in-service (TIS) 

from the effective date of this AD, perform a 

visual inspection as follows: 

(1) Inspect the engine crankcase (item 1, 

Figure 1 of this AD) for cracks especially in 

the area of cylinder 1 upper side (item 2), 

between cylinder 1 and 3 upper side (item 3), 

and cylinder 4 lower side (item 4).

BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C


ER15AU02.000</GPH>
Federal Register / Vol. 67, No. 158 / Thursday, August 15, 2002 / Rules and Regulations 53299

(2) Cracks in crankcases of engines with a 

ROTAX cooling air baffle may not be easily 

visible, and oil leaks may be an indication of 

cracks. Visually inspect for oil leaks in areas 

of (item 2) and (item 3). 

(3) If oil leaks are found, determine the 

source by either using a borescope or 

removing the object blocking the view such 

as the air baffle or accessory, and perform the 

inspection. 

(4) If the engine crankcase is cracked, 

replace engine before further flight. Repair oil 

leaks from any other cause.

Note 3: Information concerning this 

inspection can be found in Bombardier-Rotax 

mandatory service bulletins No’s. SB–912–

029, dated May 2001/SB–914–018, Revision 

1, dated December 2001.

Repetitive Inspections 

(b) Visually inspect the engine crankcase 

(item 1, Figure 1 of this AD) for cracks at 

each 100-hour, annual, or progressive 

inspection, or within 110 hours TIS since last 

inspection, whichever occurs first, in 

accordance with paragraph (a) of this AD. 

Alternative Methods of Compliance 

(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, Engine 

Certification Office (ECO). Operators must 

submit their requests through an appropriate 

FAA Principal Maintenance Inspector, who 

may add comments and then send it to the 

Manager, ECO.

Note 4: Information concerning the 

existence of approved alternative methods of 

compliance with this airworthiness directive, 

if any, may be obtained from the ECO.

Special Flight Permits 

(d) Special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the aircraft to a 

location where the requirements of this AD 

can be done.

Note 5: The subject of this AD is addressed 

in Austro Control airworthiness directive No. 

107 R1, dated December 1, 2001.

Effective Date 

(e) This amendment becomes effective on 

August 30, 2002.

Issued in Burlington, Massachusetts, on 

August 7, 2002. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 02–20679 Filed 8–14–02; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2001–9813; Airspace 

Docket No. 00–AWA–7] 

RIN 2120–AA66 

Modification of the Memphis 

International Airport Class B Airspace 

Area; TN

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies the 

Memphis International Airport (MEM) 

Class B airspace area. Specifically, this 

action reconfigures existing sub-area 

boundaries, adds one new sub-area, and 

lowers the floor of Class B airspace in 

certain segments of the Memphis Class 

B airspace area. In addition, this 

modification redescribes the boundaries 

of the Memphis Class B airspace area 

using the Memphis Very High 

Frequency Omnidirectional Range 

Tactical Air Navigation (VORTAC) 

facility as the reference point. The FAA 

is taking this action to more efficiently 

align the Memphis Class B airspace area 

to accommodate simultaneous parallel 

instrument landing system (ILS) 

approach procedures and simultaneous 

intersecting runway operations. This 

change will enhance safety, reduce the 

potential for midair collisions, and 

improve the management of air traffic 

operations in the Memphis terminal 

area. Further, this effort supports the 

FAA’s National Airspace Redesign 

project goal of optimizing terminal and 

enroute airspace areas to reduce aircraft 

delays and improve system capacity.

EFFECTIVE DATE: 0901 UTC, October 3, 

2002.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules Division, 

ATA–400, Office of Air Traffic Airspace 

Management, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION: 

Availability of Final Rule 

You can get an electronic copy using 

the Internet by taking the following 

steps: 

(1) Go to the search function of the 

Department of Transportation’s 

electronic Docket Management System 

(DMS) Web page (http://dms.dot.gov/

search).

(2) On the search page, type in the last 

four digits of the Docket Number shown 

at the beginning of this rule. Click on 

‘‘search.’’

(3) On the next page, which contains 

the Docket summary information for the 

Docket you selected, click on the 

document number for the item you wish 

to view. 

Also an electronic copy of this 

document can be downloaded from the 

FAA regulations section of the 

Fedworld electronic bulletin board 

service (telephone: (703) 321–3339) or 

the Federal Register’s electronic 

bulletin board service (telephone: (202) 

512–1661) using a modem and suitable 

communications software. 

Internet users may reach the FAA’s 

web page at http://www.faa.gov or the 

Federal Register Web page at http://

www.access.gpo.gov/nara for access to 

recently published rulemaking 

documents. 

Any person may obtain a copy of this 

final rule by submitting a request to the 

Federal Aviation Administration, Office 

of Air Traffic Airspace Management, 

Attention: Airspace and Rules Division, 

ATA–400, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–8783. 

Communications must identify the 

docket number of this final rule. Persons 

interested in being placed on a mailing 

list for future NPRM’s or final rules 

should contact the Federal Aviation 

Administration, Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

Related Rulemaking Actions 

On May 20, 1970, the FAA published 

the Designation of Federal Airways, 

Controlled Airspace, and Reporting 

Points Final Rule in the Federal 

Register (35 FR 7782). This rule 

provided for the establishment of 

Terminal Control Airspace (TCA) areas 

(now known as Class B airspace areas). 

On June 21, 1988, the FAA published 

the Transponder With Automatic 

Altitude Reporting Capability 

Requirement Final Rule in the Federal 

Register (53 FR 23356). This rule 

requires all aircraft to have an altitude 

encoding transponder when operating 

within 30 nautical miles (NM) of any 

designated Class B airspace area 

primary airport from the surface up to 

10,000 feet MSL. This rule excluded 

those aircraft that were not originally 

certificated with an engine-driven 

electrical system (or those that have not 

subsequently been certified with such a 

system), balloons, or gliders operating 

outside of the Class B airspace area, but 

within 30 NM of the primary airport.