Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38351

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and the rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 350

producers of fresh prunes in the

production area and approximately 30

handlers subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

less than $500,000 and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of fresh

prune producers and handlers may be

classified as small entities.

This rule would increase the

assessment rate established for the

Committee for the 1998–99 and

subsequent fiscal periods from $0.75 to

$1.00 per ton of fresh prunes handled.

The Committee met on June 3, 1998,

and unanimously recommended 1998–

99 expenditures of $7,003 and an

assessment rate of $1.00 per ton of fresh

prunes handled. In comparison, last

year’s budgeted expenditures were

$7,233. The assessment rate of $1.00 is

$0.25 more than the rate currently in

effect. The Committee recommended an

increased assessment rate because the

current rate would not generate enough

income to adequately administer the

program. The Committee decided that

an assessment rate of more than $1.00

would generate income in excess of that

needed to adequately administer the

program.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $2,880 for manager salary,

$1,000 for travel, $528 for rent and

maintenance, and $475 for audit.

Budgeted expenses for these items in

1997–98 were $2,880, $1,000, $440, and

$465, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh prunes. Fresh prune

shipments for the year are estimated at

4,800 tons, which should provide

$4,800 in assessment income. Income

derived from handler assessments, along

with funds from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. The reserve is

within the maximum permitted by the

order of approximately one fiscal

period’s operational expenses (§ 924.42).

Recent price information indicates

that the grower price for the 1998–99

marketing season will range between

$200 and $500 per ton of fresh prunes

handled. Therefore, the estimated

assessment revenue for the 1998–99

fiscal period as a percentage of total

grower revenue will range between 0.20

and 0.50 percent.

This action would increase the

assessment obligation imposed on

handlers. While assessments impose

some additional costs on handlers, the

costs are minimal and uniform on all

handlers. Some of the additional costs

may be passed on to producers.

However, these costs would be offset by

the benefits derived by the operation of

the marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the fresh prune

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the June 3, 1998, 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 proposed rule would impose no

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.

A 30-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Thirty

days is deemed appropriate because: (1)

The Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

1998–99 fiscal period began on April 1,

1998, and the order requires that the

rate of assessment for each fiscal period

apply to all assessable fresh prunes

handled during such fiscal period; (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.

List of Subjects in 7 CFR Part 924

Marketing agreements, Plums, Prunes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 924 is proposed to

be amended as follows:

PART 924—FRESH PRUNES GROWN

IN DESIGNATED COUNTIES IN

WASHINGTON AND UMATILLA

COUNTY, OREGON

1. The authority citation for 7 CFR

part 924 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 924.236 [Amended]

2. Section 924.236 is proposed to be

amended by removing the words ‘‘April

1, 1997,’’ and adding in their place the

words ‘‘April 1, 1998,’’ and by removing

‘‘$0.75’’ and adding in its place ‘‘$1.00.’’

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–18999 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–58–AD]

RIN 2120–AA64

Airworthiness Directives; SOCATAGroupe Aerospatiale Model TBM 700

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

SOCATA-Groupe Aerospatiale

(SOCATA) Model TBM 700 airplanes.

The proposed AD would require

modifying the oxygen generators. The

proposed AD is the result of mandatory

continuing airworthiness information

(MCAI) issued by the airworthiness

authority for France. The actions

specified by the proposed AD are

intended to prevent failure of the

oxygen generators, which could result

in crew incapacitation and loss of the

airplane.

DATES: Comments must be received on

or before August 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation
38352 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–58–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

SOCATA Groupe Aerospatiale,

Customer Support, Aerodrome TarbesOssun-Lourdes, BP 930—F65009 Tarbes

Cedex, France; telephone (33)

5.62.41.76.52; facsimile (33)

5.62.41.76.54; or the Product Support

Manager, SOCATA -Groupe

AEROSPATIALE, North Perry Airport,

7501 Pembroke Road, Pembroke Pines,

Florida 33023; telephone (954) 894–

1160; facsimile: (954) 964–4191. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Karl Schletzbaum, Aerospace Engineer,

FAA, Small Airplane Directorate, 1201

Walnut Street, Suite 900, Kansas City,

Missouri 64106; telephone (816) 426–

6934; facsimile (816) 426–2169.

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

should 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 that

summarizes 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 No. 98–CE–58–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, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–58–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain SOCATA

TBM 700 airplanes. The DGAC reports

that operation of the oxygen generators

failed on one of the affected airplanes.

The oxygen generators are located under

the passenger and crew seats and are

pin-fired. Further investigation revealed

that the firing pin was not lining up

correctly and was not striking the

generator in the right place to release

oxygen into the cabin.

This condition, if not corrected, could

result in failure of the oxygen

generators, which could result in crew

incapacitation and loss of the airplane.

Relevant Service Information

SOCATA has issued Mandatory

Service Bulletin No. 70–046–35, dated

May 1998, which specifies procedures

for modifying the oxygen generator.

The DGAC classified this service

bulletin as mandatory and issued

French AD No. T98–195(A), dated June

3, 1998, in order to assure the continued

airworthiness of these airplanes in

France.

The FAA’s Determination

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above.

The FAA has examined the findings

of the DGAC; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other SOCATA Model TBM

700 airplanes of the same type design

registered in the United States, the FAA

is proposing AD action. The proposed

AD would require modifying the oxygen

generator by replacing the firing pin and

adding a washer. This modification

should ensure that the firing pin stays

aligned and strikes the oxygen generator

in the correct manner. Accomplishment

of the proposed modification would be

in accordance with SOCATA Mandatory

Service Bulletin No. 70–046–35, dated

May 1998.

Cost Impact

The FAA estimates that 60 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 2 workhours per airplane

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts are

available at minimal costs. Based on

these figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $7,200, or $120 per

airplane.

Differences Between the French AD, the

Service Bulletin, and This Proposed AD

French AD No. T98–195(A), dated

June 3, 1998, and SOCATA Mandatory

Service Bulletin No. 70–046–35, dated

May 1998, both specify modifying the

oxygen generator at the next scheduled

maintenance inspection. The foreign AD

and the service information differ in

that the DGAC mandates that this action

be accomplished no later than August

31, 1998, and the service bulletin

specifies that the action be

accomplished no later than 3 months

from the date of the service bulletin.

This proposed AD, if followed with a

final rule, would require the

modification be accomplished within 45

days after the effective date of the AD.

The modification required by the

proposed AD does not differ from the

DGAC AD or the SOCATA service

bulletin.

Compliance Time of the Proposed AD

The compliance time of this proposed

AD is presented in calendar time

instead of hours time-in-service (TIS).

The FAA has determined that a calendar

time compliance is the most desirable

method because the unsafe condition

described by this proposed AD occurs

regardless of the hours time-in-service.

The oxygen generator failure could

occur on any flight where it may be

relied upon to provide the crew and

passengers with oxygen. To ensure that

the above-referenced condition is

corrected on all of the affected airplanes

within a reasonable period of time

without inadvertently grounding any

airplanes, the FAA is proposing a
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38353

compliance schedule based upon

calendar time instead of hours TIS.

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 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) 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 has been placed 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:

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:

Socata—Groupe Aerospatiale: Docket No.

98–CE–58–AD.

Applicability: Model TBM 700 airplanes,

serial numbers 1 through 125, 127, 128, and

130 through 133, certificated in any category.

Note 1: 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 (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 within 45 days after

the effective date of this AD, unless already

accomplished.

To prevent failure of the oxygen generators,

which could result in crew incapacitation

and loss of the airplane, accomplish the

following:

(a) Modify the oxygen generator by

replacing the firing pin and adding a washer

in accordance with the Accomplishment

Instructions section of SOCATA Mandatory

Service Bulletin No. 70–046–35, dated May

1998.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by theManager, Small Airplane

Directorate, FAA, 1201 Walnut,Suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) Questions or technical information

related to SOCATA Mandatory Service

Bulletin No. 70–046–35, dated May 1998,

should be directed to SOCATA Groupe

AEROSPATIALE, Customer Support,

Aerodrome Tarbes-Ossun-Lourdes, BP 930–

F65009 Tarbes Cedex, France; telephone (33)

5.62.41.76.52; facsimile (33) 5.62.41.76.54; or

the Product Support Manager, SOCATA—

Groupe AEROSPATIALE, North Perry

Airport, 7501 Pembroke Road, Pembroke

Pines, Florida 33023; telephone (954) 894–

1160; facsimile: (954) 964–4191. This service

information may be examined at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Note 3: The subject of this AD is addressed

in French AD No. T98–195(A), dated June 3,

1998.

Issued in Kansas City, Missouri, on July 10,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–18940 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–176–AD]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 340B 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 340B series

airplanes. This proposal would require

a one-time inspection for moisture or

other contamination of a certain wiring

harness, electrical relay, and relay

socket; a one-time inspection for

electrical damage of the same electrical

relay and socket; corrective actions, if

necessary; and replacement of certain

nut plates with new, improved parts.

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 a short circuit

caused by fluid leakage, which could

result in inability to extend or retract

the landing gear.

DATES: Comments must be received by

August 17, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

176–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, Linkping,

Sweden. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.