Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17593 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 100 

producers of tomatoes in the production 

area and approximately 70 handlers 

subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts less than 

$750,000, and small agricultural service 

firms are defined as those whose annual 

receipts are less than $7,000,000 (13 

CFR 121.201). 

Based on industry and Committee 

data, the average annual price for fresh 

Florida tomatoes during the 2007–08 

season was approximately $13.71 per 

25-pound container, and total fresh 

shipments for the 2007–08 season were 

45,177,457 25-pound cartons of 

tomatoes. Committee data indicates that 

around 25 percent of the handlers 

handle 94 percent of the total volume 

shipped outside the regulated area. 

Based on the average price, about 75 

percent of handlers could be considered 

small businesses under SBA’s 

definition. In addition, based on 

production data, grower prices as 

reported by the National Agricultural 

Statistics Service, and the total number 

of Florida tomato growers, the average 

annual grower revenue is below 

$750,000. Thus, the majority of handlers 

and producers of Florida tomatoes may 

be classified as small entities. 

This rule continues in effect the 

action that provided a partial exemption 

to the minimum grade requirements for 

tomatoes grown in Florida. Absent an 

exemption, Florida tomatoes covered by 

the order must meet at least a U.S. No. 

2 grade before they can be shipped and 

sold outside the regulated area. This 

rule continues to exempt Vintage 

RipesTM from the shape requirements 

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

This change increases the volume of 

Vintage RipesTM that meets the order 

requirements, and helps increase 

shipments and availability of these 

tomatoes. This rule amends the 

provisions of § 966.323. Authority for 

this action is provided in § 966.52 of the 

order. 

This change represents a small 

increase in costs for producers and 

handlers of Vintage RipesTM, primarily 

from costs associated with developing 

and maintaining the IP program. 

However, this rule makes additional 

volumes of Vintage RipesTM available 

for shipment. This should result in 

increased sales of Vintage RipesTM. 

Consequently, the benefits of this action 

are expected to more than offset the 

associated costs. 

One alternative to this action that was 

considered was to not provide an 

exemption from shape requirements for 

Vintage RipesTM. However, providing 

the exemption increases the volume of 

Vintage RipesTM that meets the order 

requirements, and helps increase 

shipments and availability of these 

tomatoes for consumers. Further, the 

same exemption had been provided 

previously for a similar tomato. 

Therefore, this alternative was rejected. 

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. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements beyond the IP program on 

either small or large tomato 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. In addition, as noted in 

the initial regulatory flexibility analysis, 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. 

Further, 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. Like all 

Committee meetings, the September 4, 

2008, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on December 16, 2008 (73 FR 

75537). Copies of the rule were mailed 

by the Committee’s staff to all 

Committee members and Florida tomato 

handlers. In addition, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. 

That rule provided for a 60-day 

comment period which ended February 

17, 2009. No comments were received. 

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/ 

AMSv1.0/ams.fetchTemplateData.

do?template=TemplateN&

page=MarketingOrdersSmall

BusinessGuide. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (73 FR 76191, December 16, 

2008) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ Accordingly, the interim final rule 

amending 7 CFR part 966 which was 

published at 73 FR 76191 on December 

16, 2008, is adopted as a final rule 

without change. 

Dated: April 9, 2009. 

Robert C. Keeney, 

Acting Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. E9–8684 Filed 4–15–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0350; Directorate 

Identifier 2009–SW–07–AD; Amendment 39– 

15885; AD 2009–07–52] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Limited 

Model 206A Series, 206B Series, 206L 

Series, 407, and 427 Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2009–07–52 and supersedes Emergency 

AD 2009–07–51, issued March 17, 2009, 

which was sent previously to all known 

U.S. owners and operators of Bell 

Helicopter Textron Canada Limited 

(Bell) Model 206A series, 206B series, 

206L series, 407, and 427 helicopters by 

individual letters. This AD requires, 

before further flight, inspecting each 

cyclic control lever assembly (lever 

assembly) that has less than 50 hours 

time-in-service (TIS) to determine if it is 

correctly installed and properly staked 

in the lever assembly. This amendment 

is prompted by a Transport Canada AD 


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17594 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 

report of a bearing incorrectly installed 

in the copilot lever assembly. The 

actions specified by this AD are 

intended to prevent failure of a bearing, 

failure of the lever assembly, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective May 1, 2009, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2009–07–52, issued on 

March 19, 2009, which contained the 

requirements of this amendment. 

Comments for inclusion in the Rules 

Docket must be received on or before 

June 15, 2009. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• 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 AD from Bell 

Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, TX 76101, telephone (817) 

280–3391, fax (817) 280–6466, or at 

http://www.bellcustomer.com/files/. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information 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 Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Guidance Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On March 

17, 2009, we issued Emergency AD 

2009–07–51. The Emergency AD 

required, before further flight, 

inspecting each lever assembly to 

determine if it was correctly installed 

and properly staked in the lever 

assembly. Replacing any bearing that 

was incorrectly installed or improperly 

staked in the lever assembly was also 

required before further flight. 

Emergency AD 2009–07–51 was 

prompted by a Transport Canada AD 

report of a bearing incorrectly installed 

in the copilot lever assembly. 

Investigation revealed that, although the 

inspection witness marks were applied 

on the bearing, it had not been properly 

staked during manufacture of the lever 

assembly. That condition, if not 

detected, could result in failure of a 

bearing, failure of a lever assembly, and 

subsequent loss of control of the 

helicopter. 

Emergency AD 2009–07–51 applied to 

all Bell Model 206A series, 206B series, 

206L series, 407, and 427 helicopters 

with a lever assembly, part number 

(P/N) 206–001–401–111, 206–001–400– 

115, 206–001–400–111, 407–001–320– 

105 or 407–001–320–109, installed. 

After we issued Emergency AD 2009– 

07–51, we determined that we should 

have limited the applicability of 

Emergency AD 2009–07–51 to lever 

assemblies with less than 50 hours. 

Therefore, we issued superseding 

Emergency AD 2009–07–52 to retain all 

of the requirements of Emergency AD 

2009–07–51 but to reduce the 

applicability to only those helicopters 

with lever assemblies that have less 

than 50 hours TIS that may be affected 

by the unsafe condition. 

We have reviewed Bell Alert Service 

Bulletin (ASB) No. 206–09–121, No. 

206L–09–155, No. 407–09–85, and No. 

427–09–23, all dated March 10, 2009. 

The ASBs specify that a certain bearing 

was installed incorrectly on the copilot 

lever assembly. The ASBs specify, 

before further flight, inspecting certain 

serial-numbered Bell helicopters for 

correct installation of the bearing. 

Transport Canada, the airworthiness 

authority for Canada, notified us that an 

unsafe condition may exist on certain 

helicopters with less than 50 flight 

hours or with a lever assembly installed 

within the last 50 flight hours. 

Transport Canada advises that ‘‘it is 

possible that an incorrectly installed 

bearing could be found in any 

helicopter with a cyclic control lever 

assembly recently installed.’’ Failure of 

the lever assembly could lead to loss of 

control of the helicopter. Transport 

Canada classified the ASBs as 

mandatory and issued AD No. CF– 

2009–10, dated March 12, 2009, to 

ensure the continued airworthiness of 

these helicopters in Canada. 

These helicopter models are 

manufactured in Canada and are type 

certificated for operation in the United 

States under the provisions of 14 CFR 

21.29 and the applicable bilateral 

agreement. Pursuant to the applicable 

bilateral agreement, Transport Canada 

has kept us informed of the situation 

described above. We have examined the 

findings of Transport Canada, reviewed 

all available information, and 

determined that AD action is necessary 

for products of these type designs that 

are certificated for operation in the 

United States. 

Since the unsafe condition described 

is likely to exist or develop on other Bell 

Model 206A series, 206B series, 206L 

series, 407, and 427 helicopters of the 

same type design, we issued Emergency 

AD 2009–07–52 to prevent failure of a 

bearing, failure of the lever assembly, 

and subsequent loss of control of the 

helicopter. The Emergency AD requires, 

for those helicopters with lever 

assemblies that have less than 50 hours 

TIS, before further flight, inspecting 

each lever assembly, P/N 206–001–401– 

111, 206–001–400–115, 206–001–400– 

111, 407–001–320–105 or 407–001– 

320–109, to determine if the bearing, 

P/N 206–301–051–101, is correctly 

installed and properly staked in the 

lever assembly. Replacing any bearing 

that is incorrectly installed or 

improperly staked in the lever assembly 

is also required before further flight. The 

short compliance time involved is 

required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

of the helicopter. Therefore, the actions 

previously described are required before 

further flight, and this AD must be 

issued immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on March 19, 2009 to all 

known U.S. owners and operators of 

Bell Model 206A series, 206B series, 

206L series, 407, and 427 helicopters. 

These conditions still exist, and the AD 

is hereby published in the Federal 

Register as an amendment to 14 CFR 

39.13 to make it effective to all persons. 

We estimate that this AD will affect 

2,715 helicopters of U.S. registry. The 

required actions will take approximately 

3 work hours per helicopter to 

accomplish at an average labor rate of 

$80 per work hour. Required parts will 

cost approximately $413 per helicopter. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $1,772,895, assuming 

that each helicopter has a bearing that 

needs to be replaced. 


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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17595 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2009–0350; 

Directorate Identifier 2009–SW–07–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of 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 with FAA 

personnel concerning this AD. Using the 

search function of our docket web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

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. 

For the reasons discussed above, I 

certify that the 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 AD. See the AD docket to examine 

the economic evaluation. 

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. 

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 

a new airworthiness directive to read as 

follows: 

2009–07–52 Bell Helicopter Textron 

Canada Limited: Amendment 39–15885. 

Docket No. FAA–2009–0350, Directorate 

Identifier 2009–SW–07–AD. Supersedes 

AD 2009–07–51, Directorate Identifier 

2009–SW–06–AD. 

Applicability: Bell Model 206A series, 

206B series, and 206L series helicopters with 

a cyclic control lever assembly (lever 

assembly), part number (P/N) 206–001–401– 

111, 206–001–400–115, or 206–001–400–111, 

with less than 50 hours time-in-service (TIS) 

and Model 407 and 427 helicopters with a 

lever assembly, P/N 407–001–320–105 or 

407–001–320–109, with less than 50 hours 

TIS, certificated in any category. 

Compliance: Required before further flight, 

unless accomplished previously. 

To prevent failure of a bearing, failure of 

the lever assembly, and subsequent loss of 

control of the helicopter, do the following: 

(a) Inspect the lever assembly and 

determine if the bearing, P/N 206–301–051– 

101, is correctly installed and properly 

staked in the lever assembly. 

(b) Replace any bearing that is incorrectly 

installed or improperly staked in the lever 

assembly. 

Note 1: Bell Alert Service Bulletin (ASB) 

No. 206–09–121 for the Model 206A and 

206B series, No. 206L–09–155 for the Model 

206L series, No. 407–09–85 for the Model 

407, and No. 427–09–23, for the Model 427, 

pertain to the subject of this AD. All of the 

ASBs are dated March 10, 2009. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, FAA, ATTN: Sharon 

Miles, Aviation Safety Engineer, Rotorcraft 

Directorate, Fort Worth, Texas 76193–0111, 

telephone (817) 222–5122, fax (817) 222– 

5961, for information about previously 

approved alternative methods of compliance. 

(d) Special flight permits will not be 

issued. 

(e) This amendment becomes effective on 

May 1, 2009, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2009–07–52, 

issued March 19, 2009, which contained the 

requirements of this amendment. 

Note 2: The subject of this AD is addressed 

in Transport Canada AD CF–2009–10, dated 

March 12, 2009. 

Issued in Fort Worth, Texas, on April 9, 

2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8573 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9022; 34–59728; 39–2464; 

IC–28691] 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the Commission) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (EDGAR) Filer Manual to reflect 

updates to the EDGAR system. The 

revisions are being made primarily to 

update EDGAR to support the potential 

rule where domestic and foreign large 

accelerated filers that use U.S. Generally 

Accepted Accounting Principles 

(GAAP) would provide to the 

Commission a new exhibit to their 

filings for their reporting periods that 

end as per the details specified in the 

final eXtensible Business Reporting 

Language (XBRL) rule. The revisions to 

the Filer Manual reflect changes within 

Volume II entitled EDGAR Filer Manual, 

Volume II: ‘‘EDGAR Filing,’’ Version 10 

(December 2008). The updated manual 


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