Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9971 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Import regulations issued under 

the Act are based on those established 

under Federal marketing orders. 

There are approximately 200 

importers of tomatoes subject to the 

regulation. Small agricultural service 

firms, which include tomato importers, 

are defined by the Small Business 

Administration (SBA) as those having 

annual receipts of less than $7,000,000 

(13 CFR 121.201). Based on information 

from the Foreign Agricultural Service, 

USDA, the dollar value of imported 

fresh tomatoes ranged from around 

$1.07 billion in 2005 to $1.22 billion in 

2007. Using these numbers, the majority 

of tomatoes importers may be classified 

as small entities. 

Mexico, Canada, and the Netherlands 

are the major tomato producing 

countries exporting tomatoes to the 

United States. In 2007, shipments of 

tomatoes imported into the United 

States totaled 1.7 million metric tons. 

Mexico accounted for 949,695 metric 

tons, 111,697 metric tons were imported 

from Canada, and 5,147 metric tons 

arrived from the Netherlands. 

This proposed rule would provide a 

partial exemption to the minimum grade 

requirements for Vintage Ripes(tm) 

imported into the United States. Absent 

an exemption, the import requirements 

for tomatoes specify that tomatoes must 

meet at least a U.S. No. 2 grade before 

they can be shipped and sold into the 

fresh market. An interim final rule 

amending the rules and regulations 

under the order to exempt Vintage 

RipesTM from the shape requirements 

associated with the U.S. No. 2 grade was 

issued separately by USDA (73 FR 

76191, December 16, 2008). Under 

section 8e of the Act, imports of 

tomatoes have to meet the same grade, 

size, quality, and maturity requirements 

as under the order. This rule would 

provide the same partial exemption 

under the import regulation so it 

conforms to the changes under the 

order. 

This action would represent a small 

increase in costs for producers and 

handlers of Vintage RipesTM primarily 

from costs associated with developing 

and maintaining an IP program. 

However, this rule would make 

additional volumes of Vintage RipesTM

available for shipment. This would 

result in increased sales of Vintage 

Ripes TM. Consequently, the benefits of 

this action would more than offset the 

associated costs. 

This rule would not impose any 

additional reporting or recordkeeping 

requirements beyond the IP program on 

either small or large tomatoes importers. 

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. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Additionally, except for applicable 

domestic regulations, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this proposed rule. Finally, interested 

persons are invited to submit comments 

on this proposed rule, including the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.o/ams.fetchTemplateData.do

?template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this proposed rule. 

This proposed rule invites comments 

on a partial exemption to the minimum 

grade requirements for imported 

tomatoes. A 60-day comment period is 

provided to allow interested persons to 

respond to this rule. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 980 

Food grades and standards, Imports, 

Marketing agreements, Onions, Potatoes, 

Tomatoes. 

For the reasons set forth in the 

preamble, 7 CFR part 980 is proposed to 

beamended as follows: 

PART 980—VEGETABLES; IMPORT 

REGULATIONS 

1. The authority citation for 7 CFR 

part 980 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. In § 980.212, paragraph (b)(1) all 

references to ‘‘UglyRipe TM’’ are revised 

to read ‘‘UglyRipe TM and Vintage 

Ripes TM’’. 

Dated: March 3, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–4849 Filed 3–6–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0168; Directorate 

Identifier 2007–SW–33–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB139 and AW139 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model AB139 and 

AW139 helicopters. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The aviation authority of Italy, 

with which we have a bilateral 

agreement, states in the MCAI that 

during the installation of a fire 

extinguisher bottle on a new helicopter, 

it was found that the electrical 

receptacle/connectors on the bottle 

which commands the firing of the 

extinguishing agent were swapped 

between engines No. 1 and No. 2. This 

condition could affect helicopters 

already in service and fire extinguisher 

bottles of the same part number in stock 

as spare parts. If not corrected, an 

improperly wired fire extinguishing 

bottle might cause the extinguishing 

agent to be discharged toward the 

unselected engine when the system is 

activated, rather than toward the engine 

with the fire. The proposed AD would 

require determining if each engine has 

the proper outlet end on the electrical 

receptacle/connector that attaches the 

firing cartridge to the fire extinguisher 

bottle, and if not, replacing the fire 

extinguisher bottle. The proposed AD is 

intended to prevent the fire 

extinguishing agent from not 

discharging toward the engine with the 

fire, which could result in loss of the 

helicopter due to an engine fire. 

DATES: We must receive comments on 

this proposed AD by April 8, 2009. 


sroberts on PROD1PC70 with PROPOSALS
9972 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this proposed AD from 

Agusta, Via Giovanni Agusta, 520 21017 

Cascina Costa di Samarate (VA), Italy, 

telephone 39 0331–229111, fax 39 

0331–229605/222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 

Examining the Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this proposed 

AD, the economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: John 

Strasburger, Aviation Safety Engineer 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5167; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0168; Directorate Identifier 

2007–SW–33–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ente Nazionale Per L’Aviazione 

Civile, which is the aviation authority 

for Italy, has issued an MCAI in the 

form of Airworthiness Directive No. 

2007–227, dated June 18, 2007, (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for these Italiancertificated products. The MCAI states 

that during the installation of a fire 

extinguisher bottle, part number (P/N) 

3G2620V00131, on a helicopter during 

manufacture, it was found that the 

electrical receptacle/connectors on the 

bottle which commands the firing of the 

extinguishing were swapped between 

engines No. 1 and No. 2. This condition 

could affect helicopters already in 

service and fire extinguisher bottles of 

the same part number in stock as spare 

parts. If not corrected, an improperly 

wired fire extinguishing bottle might 

cause the extinguishing agent to be 

discharged toward the unselected 

engine when the system is activated, 

rather than toward the engine with the 

fire. The proposed AD would require 

determining if each engine has the 

proper outlet end on the electrical 

receptacle/connector that attaches the 

firing cartridge to the fire extinguisher 

bottle, and if not, replacing the fire 

extinguisher bottle. The proposed AD is 

intended to prevent the fire 

extinguishing agent from not 

discharging toward the engine with the 

fire, which could result in loss of the 

helicopter due to an engine fire. 

You may obtain further information 

by examining the MCAI and service 

information in the AD docket. 

Relevant Service Information 

Agusta has issued Bollettino Tecnico 

No. 139–085, dated May 18, 2007. The 

actions described in the MCAI are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 

FAA’s Determination and Proposed 

Requirements 

This product has been approved by 

the aviation authority of Italy, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with this State of Design 

Authority, we have been notified of the 

unsafe condition described in the MCAI 

and the service information. We are 

proposing this AD because we evaluated 

all pertinent information and 

determined an unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. 

However, our AD differs from the MCAI 

to clarify the unsafe condition and 

compliance instructions. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. These differences 

are highlighted in the ‘‘Differences 

Between the FAA AD and the MCAI’’ 

section in the proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 20 helicopters of 

U.S. registry and that it would take 

about 1 work-hour per helicopter to 

verify the correct installation of 

electrical receptacles/connectors on the 

two fire extinguisher bottles. We also 

estimate that it would take about 3 

work-hours per helicopter to replace a 

fire extinguisher bottle with the inverted 

electrical receptacles/connectors and 

that about 5% (2 bottles) of the fire 

extinguisher bottles in the fleet would 

have to be replaced. The cost of a 

replacement fire extinguisher bottle is 

$10,300. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $22,680. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9973 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify 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. 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new AD: 

Agusta S.p.A.: Docket No. FAA–2009–0168; 

Directorate Identifier 2007–SW–33–AD. 

Comments Due Date 

(a) We must receive comments by April 8, 

2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AB139 

helicopters, serial number (S/N) 31005 

through 31054, except S/N 31007, and 

AW139 helicopters, S/N 31055 through 

31067, S/N 31070, and S/N 31071, 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

during the installation of a fire extinguisher 

bottle, part number 3G2620V00131, on a 

helicopter during manufacture, it was found 

that the electrical receptacle/connectors on 

the bottle which commands the firing of the 

extinguishing agent were swapped between 

engines No. 1 and No. 2. This condition 

could affect helicopters already in service 

and fire extinguisher bottles of the same part 

number in stock as spare parts. If not 

corrected, an improperly wired fire 

extinguishing bottle might cause the 

extinguishing agent to be discharged toward 

the unselected engine when the system is 

activated, rather than toward the engine with 

the fire. The proposed AD would require 

determining if each engine has the proper 

outlet end on the electrical receptacle/ 

connector that attaches the firing cartridge to 

the fire extinguisher bottle, and if not, 

replacing the fire extinguisher bottle. The 

proposed AD is intended to prevent the fire 

extinguishing agent from not discharging 

toward the engine with the fire, which could 

result in loss of the helicopter due to an 

engine fire. 

Actions and Compliance 

(e) Within 100 hours time-in-service (TIS) 

or 3 months, whichever occurs first, unless 

already done, do the following actions. 

(1) Determine whether the fire 

extinguishing bottle (bottle) for engines No. 

1 and No. 2 have the proper outlet end on 

the electrical receptacle/connector, which 

attaches the firing cartridge to the bottle, by 

following steps 4. and 5. of the Compliance 

Instructions in Agusta Bollettino Tecnico No. 

139–085, dated May 18, 2007 (BT). 

(2) If a bottle has an electrical receptacle/ 

connector for the firing cartridge with an 

improper outlet end, before further flight, 

replace the bottle with a bottle that has an 

electrical receptacle/connector with a proper 

outlet end in accordance with step 6. of the 

Compliance Instructions in the BT. 

Differences Between the FAA AD and the 

MCAI 

(f) This AD uses the term ‘‘hours time-inservice’’ rather than ‘‘flight hours.’’ 

Other FAA Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, ATTN: 

John Strasburger, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76193–0111; telephone (817) 

222–5167; fax (817) 222–5961, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

Related Information 

(h) MCAI Ente Nazionale Per L’Aviazione 

Civile Airworthiness Directive No. 2007–227, 

dated June 18, 2007, contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(i) ATA Code 2621: Fire Bottle, Fixed. 

Issued in Fort Worth, Texas, on February 

19, 2009. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4943 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0127; Airspace 

Docket No. 09–AGL–4] 

Proposed Amendment of Class E 

Airspace; Cleveland, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Cleveland, 

OH. Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Lorain County 

Regional Airport, Lorain, OH. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) aircraft operations at 

Lorain County Regional Airport. 

DATES: 0901 UTC. Comments must be 

received on or before April 23, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0127/Airspace Docket No. 09–AGL–4, at 

the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

321–7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 


sroberts on PROD1PC70 with PROPOSALS