This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25601

Vol. 60, No. 92

Friday, May 12, 1995

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AA79

Common Crop Insurance Regulations;

Sugarcane Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby adopts

regulations for specific crop provisions

to insure sugarcane. These provisions

will supplement the Common Crop

Insurance Policy (§ 457.8), which

contains standard terms and conditions

common to most crops. The intended

effect of this rule is to move specific

crop provisions for insuring sugarcane

from the Sugarcane Crop Insurance

Regulations (7 CFR 401.133) to the

Common Crop Insurance Policy

(§ 457.8) for ease of use by the public

and conformance among policy terms.

EFFECTIVE DATE: May 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Diana Moslak, Federal Crop Insurance

Corporation, U.S. Department of

Agriculture, Washington, DC 20250.

Telephone (202) 254–8314.

SUPPLEMENTARY INFORMATION: This

action has been reviewed under United

States Department of Agriculture

(‘‘USDA’’) procedures established by

Executive Order 12866 and

Departmental Regulation 1512–1. This

action constitutes a review as to the

need, currency, clarity, and

effectiveness of these regulations under

those procedures. The sunset review

date established for these regulations is

February 1, 2000.

This rule has been determined to be

‘‘not significant’’ for the purposes of

Executive Order 12866, and therefore,

has not been reviewed by the Office of

Management and Budget (‘‘OMB’’).

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501,

et seq.), the information collection or

record keeping requirements contained

in these regulations (7 CFR part 457)

have been previously approved by OMB

and assigned OMB No. 0563–0016.

It has been determined under section

6(a) of Executive Order 12612,

Federalism, that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The policies and

procedures contained in this rule will

not have a substantial direct effect on

states or their political subdivisions, or

on the distribution of power and

responsibilities among the various

levels of government.

This regulation will not have a

significant impact on a substantial

number of small entities. This action

does not require any additional

reporting burden on the insured farmer

and the reinsured company. Therefore,

this action is determined to be exempt

from the provisions of the Regulatory

Flexibility Act (5 U.S.C. 605) and no

Regulatory Flexibility Analysis was

prepared.

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

This program is not subject to the

provisions of Executive Order 12372

which require intergovernmental

consultation with state and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115, June 24, 1983.

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

subsections (2)(a) and 2(b)(2) of

Executive Order 12778. The provisions

of this rule will preempt state and local

laws to the extent such state and local

laws are inconsistent herewith. The

administrative appeal provisions

located at 7 CFR part 400, subpart J or

promulgated by the National Appeals

Division must be exhausted before

judicial action may be brought.

This action is not expected to have

any significant impact on the quality of

the human environment, health, and

safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

By separate rule, FCIC will amend 7

CFR 401.133 to restrict the crop years of

application to those prior to the crop

year for which this rule will be effective

and later remove that section.

On Tuesday, February 21, 1995, FCIC

published a proposed rule in the

Federal Register at 60 FR 9629

proposing to revise the Common Crop

Insurance Regulations by adding new

provisions for sugarcane crop insurance.

Following publication of the proposed

rule, the public was afforded 30 days to

submit written comments, data, and

opinions. The comments received and

FCIC responses are as follows:

Comment: One comment received

from an insurance association

recommended deleting subsection 3.(b)

so that sugarcane production reporting

would include the most recent crop

year, the same as other crops. The ‘‘lag

year’’ procedure now followed for

sugarcane occurs because production

records are not available by the

production reporting date. The

comment noted that procedure permits

updating the Actual Production History

(APH) records with a ‘‘temporary yield’’

when an insured is unable to complete

harvesting the crop or production

records are unavailable from the

processor. Using the ‘‘temporary yield’’

for the most recent crop year for

sugarcane would eliminate the need for

the ‘‘lag year’’ and special procedure for

sugarcane in the 1995 Crop Insurance

Handbook.

Response: Subsection 3.(b) allows

producers to delay reporting production

for one year because the actual

production amount for sugarcane

normally is not known until after the

production reporting date for all other

crops. The ‘‘Temporary Yield’’

procedure is intended to be a measure

used in extreme circumstances, not as a

routine event. Using ‘‘temporary yields’’

for reporting sugarcane production

would result in additional paperwork to

revise the APH once actual records are

available. Therefore, FCIC finds that the

recommendation would increase rather

than reduce paperwork, and is not

adopting the comment.

Comment: One comment received

from an insurance association

questioned the language and intent of

subparagraph 8.(a)(3)(ii). Was it the

intent of the new language to change the

date on which insurance attaches on

second year stubble cane in Louisiana?
25602 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations

The current provision states that

coverage begins on the later of April 15

or 30 days after harvest after the second

crop year of stubble cane. The proposed

policy stated that coverage would begin

on the later of April 15 or 30 days after

harvest for the second crop year. If there

is no intent to change this provision, it

is recommended that the words ‘‘of

stubble cane’’ be added to subparagraph

8.(a)(3)(ii).

Response: FCIC agrees with the

comment and has amended paragraph

8.(a)(3)(ii) accordingly.

Comment: One comment received

from an insurance association

recommended that paragraph 11.(c)(1)

be revised to count the appraisal of

sugarcane cut for seed.

Response: FCIC agrees with the

comment and has amended paragraph

11.(c)(1) accordingly.

In addition to the changes indicated

in the responses to comments, FCIC has

made the following changes:

1. The definition of ‘‘crop year’’ has

been amended by deleting references

made to the length of the insurance

period. This language duplicated a

portion of the provisions contained in

section 8 (Insurance Period).

2. Paragraph 10.(a)(2) of the proposed

crop provisions indicated that if notice

to cut sugarcane for seed was not given,

that an appraisal equal to the

production guarantee would be made.

Acreage cut for seed normally produces

the highest yield of any acreage in the

unit. Therefore, FCIC has changed the

appraisal amount for such acreage to the

APH yield.

Accordingly, the rule, ‘‘Common Crop

Insurance Regulations; Sugarcane Crop

Insurance Provisions’’ published at 60

FR 9629 as revised and as set out below

is hereby adopted as a final rule.

List of Subjects in 7 CFR Part 457

Crop insurance; Sugarcane.

Final Rule

Accordingly, pursuant to the

authority contained in the Federal Crop

Insurance Act, as amended (7 U.S.C.

1501 et seq.), the Federal Crop

Insurance Corporation hereby amends

the Common Crop Insurance

Regulations (7 CFR part 457), effective

for the 1996 and succeeding crop years,

as follows:

PART 457—[AMENDED]

1. The authority citation for 7 CFR

part 457 continues to read as follows:

Authority: 7 U.S.C. 1506(l).

2. 7 CFR part 457 is amended by

adding § 457.116 to read as follows:

§ 457.116 Sugarcane crop insurance

provisions.

The Sugarcane Crop Insurance

Provisions for the 1996 and succeeding

crop years are as follows:

UNITED STATES DEPARTMENT OF

AGRICULTURE

Federal Crop Insurance Corporation

Sugarcane Crop Provisions

If a conflict exists among the Basic

Provisions (§ 457.8), these crop provisions,

and the Special Provisions, the Special

Provisions will control these crop provisions

and the Basic Provisions; and these crop

provisions will control the Basic Provisions.

1. Definitions

(a) Crop year—The period within which

the insured sugarcane is normally grown and

designated by the calendar year in which the

harvest of sugarcane normally begins in the

county.

(b) CFSA—Consolidated Farm Service

Agency (previously the Agricultural

Stabilization and Conservation Service).

(c) Good farming practices—The cultural

practices generally in use in the county for

the insured crop to make normal progress

toward maturity and produce at least the

yield used to determine the production

guarantee and are those recognized by the

Cooperative Extension Service as compatible

with agronomic and weather conditions in

the area.

(d) Harvest—Cutting and removing the

mature sugarcane from the field.

(e) Interplanted—Acreage on which two or

more crops are planted in a manner that does

not permit separate agronomic maintenance

or harvest of the insured crop.

(f) Irrigated practice—A method of

producing a crop by which water is

artificially applied during the growing season

by appropriate systems and at the proper

times, with the intention of providing the

quantity of water needed to produce at least

the yield used to establish the irrigated

production guarantee on the irrigated acreage

planted to the insured crop.

(g) Local market price—The price per

pound for raw sugar offered by buyers in the

area in which you normally market the

sugarcane.

(h) Plant cane—The insured crop which

grows from seed planted for the crop year.

(i) Production guarantee—The number of

pounds determined by multiplying the

approved yield per acre by the coverage level

percentage you elect.

(j) Stubble cane—The insured crop which

grows from the stubble of sugarcane that was

harvested the previous crop year.

(k) Sugarcane—means either plant cane or

stubble cane.

(l) Written agreement—Designated terms of

this policy may be altered by written

agreement. Each agreement must be applied

for by the insured in writing no later than the

sales closing date and is valid for one year

only. If not specifically renewed the

following year, continuous insurance will be

in accordance with the printed policy. All

variable terms including, but not limited to,

crop variety, guarantee, premium rate and

price election must be contained in the

written agreement. Notwithstanding the sales

closing date restrictions contained herein, in

specific instances a written agreement may

be applied for after the sales closing date, and

approved if, after physical inspection of the

acreage, it is determined that the crop has the

expectancy of making at least the guaranteed

yield. All applications for written agreements

as submitted by the insured must contain all

variable terms of the contract between the

company and the insured that will be in

effect if the written agreement is

disapproved.

2. Unit Division

Unless limited by the Special Provisions, a

unit as defined in subsection 1.(tt) of the

Basic Provisions (§ 457.8), may be divided

into optional units if, for each optional unit

you meet all the conditions of this section or

if a written agreement to such division exists.

Basic units may not be divided into optional

units on any basis including, but not limited

to, production practice, type, variety, and

planting period other than as described

under this section. If you do not comply fully

with these provisions, we will combine all

optional units which are not in compliance

with these provisions into the basic unit from

which they were formed. We may combine

the optional units at any time we discover

that you have failed to comply with these

provisions. If failure to comply with these

provisions is determined to be inadvertent,

and the optional units are combined, that

portion of the premium paid for the purpose

of electing optional units will be refunded to

you pro rata for the units combined. All

optional units must be reflected on the

acreage report for each crop year.

(a) You must have records, which can be

independently verified, of planted acreage

and production for each optional unit for at

least the last crop year used to determine

your production guarantee.

(b) You must plant the crop in a manner

that results in a clear and discernible break

in the planting pattern at the boundaries of

each optional unit.

(c) You must have records of measurement

of stored or marketed production from each

optional unit maintained in such a manner

that permits us to verify the production from

each optional unit or the production from

each unit must be kept separate until after

loss adjustment under the policy is

completed.

(d) Each optional unit must meet one or

more of the following criteria as applicable:

(1) Optional Units by Section, Section

Equivalent, or Consolidated Farm Service

Agency (‘‘CFSA’’) Farm Serial Number:

Optional units may be established if each

optional unit is located in a separate legally

identified Section. In the absence of Sections,

we may consider parcels of land legally

identified by other methods of measure

including, but not limited to: Spanish grants,

railroad surveys, leagues, labors, or Virginia

Military Lands as the equivalent of Sections

for unit purposes. In areas which have not

been surveyed using the systems identified

above, or another system approved by us, or

in areas where such systems exist but

boundaries are not readily discernible, each

optional unit must be located in a separate
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations 25603

farm identified by a single CFSA Farm Serial

Number.

(2) Optional Units on Acreage Including

Both Irrigated and Non-Irrigated Practices: In

addition to or instead of establishing optional

units by Section, section equivalent or CFSA

Farm Serial Number, optional units may be

based on irrigated acreage or non-irrigated

acreage if both are located in the same

Section, section equivalent or CFSA Farm

Serial Number. The irrigated acreage may not

extend beyond the point at which your

irrigation system can deliver the quantity of

water needed to produce the yield on which

your guarantee is based and may not

continue into non-irrigated acreage in the

same rows or planting pattern. Non-irrigated

corners of a field in which a center-pivot

irrigation system exists that do not qualify as

a separate optional unit will be a part of the

irrigated unit; however, other non-irrigated

acreage within the unit being divided may

qualify as a separate optional unit provided

all requirements of this section are met.

3. Insurance Guarantees, Coverage Levels,

and Prices for Determining Indemnities

(a) In addition to the requirements of

section 3 (Insurance Guarantees, Coverage

Levels, and Prices for Determining

Indemnities) of the Basic Provisions (§ 457.8),

you may select only one price election for all

the sugarcane in the county insured under

this policy.

(b) Instead of reporting your sugarcane

production for the previous crop year as

required by subsection 3.(c) of the Basic

Provisions (§ 457.8), there is a lag period of

one year and you are required to report

production from two crop years previously,

e.g., 1994 crop year production must be

reported by the required date for the 1996

crop year.

4. Contract Changes

The contract change date is June 30

preceding the cancellation date (see the

provisions of section 4 (Contract Changes) of

the Basic Provisions (§ 457.8)).

5. Cancellation and Termination Dates

In accordance with subsection 2.(f) of the

Basic Provisions (§ 457.8), the cancellation

and termination dates are September 30.

6. Insured Crop

In accordance with section 8 (Insured

Crop) of the Basic Provisions (§ 457.8), the

crop insured will be all the sugarcane in the

county for which a premium rate is provided

by the actuarial table:

(a) In which you have a share;

(b) That is grown for processing for sugar

or for seed; and

(c) That is not interplanted with another

crop, unless a written agreement allows

otherwise.

7. Insurable Acreage

Paragraph 9.(a)(3) of the Basic Provisions

(§ 457.8) is not applicable to the Sugarcane

Crop Provisions.

8. Insurance Period

(a) In addition to the provisions of section

11 (Insurance Period) of the Basic Provisions

(§ 457.8), insurance attaches:

(1) At the time of planting for plant cane

unless we agree in writing to a later date;

(2) On the first day following harvest of the

previous crop for stubble cane except as set

out in paragraph 8.(a)(3);

(3) On the later of April 15 or 30 days

following harvest of the previous crop for

stubble cane:

(i) Damaged during the previous crop year

in all states (includes Louisiana); and

(ii) In Louisiana, after the second harvest

from stubble cane.

(b) In accordance with the provisions of

section 11 (Insurance Period) of the Basic

Provisions (§ 457.8) the calendar date for the

end of the insurance period is:

(1) January 31 in Louisiana; and

(2) April 30 in all other states.

9. Causes of Loss

In accordance with the provisions of

section 12 (Causes of Loss) of the Basic

Provisions (§ 457.8), insurance is provided

only against the following causes of loss that

occur within the insurance period:

(a) Adverse weather conditions;

(b) Fire;

(c) Insects, but not damage due to

insufficient or improper application of pest

control measures;

(d) Plant disease, but not damage due to

insufficient or improper application of

disease control measures;

(e) Wildlife;

(f) Earthquake;

(g) Volcanic eruption; or

(h) Failure of the irrigation water supply,

if applicable, due to an unavoidable cause of

loss occurring within the insurance period.

10. Duties in the Event of Damage or Loss or

Cutting the Sugarcane for Seed

(a) In addition to your duties under section

14 (Duties in the Event of Damage or Loss)

of the Basic Provisions (§ 457.8), in the event

of damage or loss:

(1) All sugarcane stubble must remain

intact for our inspection; and

(2) You must give us notice at least 15 days

before you begin cutting any sugarcane for

seed. Your notice must include the unit

number and the number of acres you intend

to harvest as seed. After we receive such

notice we will appraise the sugarcane for its

sugar potential. If you do not give us this

notice, the production to count for such

acreage will be your approved yield.

(b) In accordance with the requirements of

section 14 (Duties in the Event of Damage or

Loss) of the Basic Provisions (§ 457.8), if you

initially discover damage to any insured crop

within 15 days of, or during harvest, you

must leave representative samples of the

unharvested crop for our inspection. The

representative samples of the unharvested

crop must be at least 10 feet wide and extend

the entire length of each field in the unit. The

stubble must not be destroyed and the

required samples must not be harvested until

the earlier of our inspection or 15 days after

harvest of the balance of the unit is

completed.

11. Settlement of Claim

(a) We will determine your loss on a unit

basis. In the event you are unable to provide

records of production:

(1) For any optional unit, we will combine

all optional units for which acceptable

records of production were not provided; or

(2) For any basic unit, we will allocate any

commingled production to such units in

proportion to our liability on the harvested

acreage for each unit.

(b) In the event of loss or damage covered

by this policy, we will settle your claim on

any unit by:

(1) Multiplying the insured acreage by the

production guarantee;

(2) Subtracting from this the total

production to count;

(3) Multiplying the remainder by your

price election; and

(4) Multiplying this result by your share.

(c) The total production (pounds of sugar)

to count from all insurable acreage on the

unit will include:

(1) All appraised production as follows:

(i) Not less than the production guarantee

for acreage:

(A) That is abandoned;

(B) Put to another use without our consent;

(C) Damaged solely by uninsured causes;

(D) For which you fail to provide records

of production that are acceptable to us; or

(E) On which the sugarcane stubble is

destroyed within 15 days after harvest is

completed without our consent;

(ii) Production lost due to uninsured

causes;

(iii) Unharvested production;

(iv) The difference between the production

guarantee and the appraised production for

acreage that has an inadequate stand. An

appraisal for an inadequate stand will be

made if the product of the number of stalks

per acre multiplied by two and further

multiplied by the percentage of sugar

contained in the Special Provisions for this

purpose does not equal the per-acre

production guarantee; and

(v) Potential production on insured acreage

harvested for seed (see paragraph 10.(a)(2));

(vi) Potential production on insured

acreage you want to put to another use or you

wish to abandon and no longer care for, if

you and we agree on the appraised amount

of production. Upon such agreement, the

insurance period for that acreage will end if

you put the acreage to another use or

abandon the crop. If agreement on the

appraised amount of production is not

reached:

(A) If you do not elect to continue to care

for the crop, we may give you consent to put

the acreage to another use if you agree to

leave intact, and provide sufficient care for,

representative samples of the crop in

locations acceptable to us. (The amount of

production to count for such acreage will be

based on the harvested production or

appraisals from the samples at the time

harvest should have occurred. If you do not

leave the required samples intact, or you fail

to provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count.); or

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; and

(2) All harvested production from

insurable acreage. Final records of sugar
25604 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations

production will be used to determine the

amount of production to count. Preliminary

mill estimates will not be used.

(d) Harvested sugarcane may be adjusted

for low quality if it is damaged by one or

more freezes occurring within the insurance

period to the extent that it cannot be

processed for sugar by the boiling house

operation. The amount of production to

count for such sugarcane will be determined

by dividing the dollar value of the damaged

production by the local market price per

pound for raw sugar. The prices used for this

adjustment will be determined on the earlier

of the date such quality-adjusted production

is sold or the date of final inspection for the

unit.

Done in Washington, DC, on May 3, 1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–11780 Filed 5–11–95; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93–NM–56–AD; Amendment

39–9220; AD 95–10–03]

Airworthiness Directives; Airbus

Industrie Model A300, A300–600, and

A310 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Industrie

Model A300, A300–600, and A310

series airplanes, that requires

inspections to detect cracks in the lower

spar axis of the pylon between ribs 9

and 10, and repair, if necessary. This

amendment is prompted by a report

indicating that fatigue cracks have been

found on the lower spar of the pylon.

The actions specified by this AD are

intended to prevent such fatigue

cracking, which could result in reduced

structural integrity of the lower spar of

the pylon.

DATES: Effective June 12, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 12,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. 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:

Stephen Slotte, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; fax (206) 227–1320.

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 Airbus

Industrie Model A300, A300–600, and

A310 series airplanes was published in

the Federal Register on December 6,

1993 (58 FR 64200). That action

proposed to require repetitive internal

eddy current inspections to detect

cracks in the lower spar axis of the

pylon between ribs 9 and 10, and repair,

if necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Both commenters support the

proposed rule.

Since the issuance of the proposed

rule, Airbus Industrie issued Revision 1,

dated October 15, 1993, of the service

bulletins cited in the proposal: Service

Bulletin No.’s A300–54–071 (for Model

A300 series airplanes), A300–54–6011

(for Model A300–600 series airplanes),

and A310–54–2016 (for Model A310

series airplanes). Revision 1 of these

service bulletins incorporates certain kit

and technical information and revises

the work hour estimate associated with

repair of the lower spar. The FAA has

revised the final rule to reference these

latest service bulletin revisions as

additional sources of service

information for accomplishment of

certain actions required by this AD. In

addition, the FAA has revised the

applicability of the final rule to specify

that the AD applies to those airplanes

listed in Revision 1 of the service

bulletins. (This change adds no new

airplanes to those specified originally in

the applicability of the proposed rule.)

The service bulletin citation

contained in paragraph (b) of the final

rule has been revised to correct a

typographical error. The correct date of

the original issue of Airbus Industrie

Service Bulletin No. A300–54–6011 is

November 12, 1991 (rather than

November 12, 1992, as indicated in the

proposal).

Since the issuance of the proposed

rule, Airbus Industrie also has issued

Service Bulletins A300–54–0079 (for

Model A300 series airplanes); A300–54–

6019 (for Model A300–600 series

airplanes); and A310–54–2022 (for

Model A310 series airplanes); all dated

October 15, 1993. These service

bulletins describe procedures for

modification of the lower spar between

ribs 9 and 10. This modification

involves installation of an outer doubler

on the undamaged structure of the lower

spars between ribs 9 and 10. For Model

A300 and A310 series airplanes,

accomplishment of the modification

eliminates the need for the internal

eddy current inspections specified in

the Airbus service bulletins previously

described (and proposed in the notice).

For Model A300–600 series airplanes,

accomplishment of the modification

reduces the probability of cracking in

the lower spar of the pylon and, thereby,

allows an extension of the initial

inspection threshold and interval for

accomplishing the internal eddy current

inspections. The Direction Ge ́ne ́rale de

l’Aviation Civile (DGAC), which is the

airworthiness authority for France,

issued French airworthiness directive

92–049–130(B)R2, dated March 2, 1994,

to reference these service bulletins.

Accordingly, the FAA has revised this

final rule to provide operators with the

option of accomplishing the

modification of the lower spar as

terminating action for the repetitive

eddy current inspections of Model A300

and A310 series airplanes. The FAA

also has revised this final rule to extend

the inspection threshold and repetitive

inspection intervals of Model A300–600

series airplanes on which the

modification of the lower spar is

accomplished.

Additionally, the FAA revised the

economic impact information, below, to

specify the costs associated with

modifying the lower spar, should an

operator elect to do so. Further, the FAA

has recently reviewed the figures it has

used over the past several years in

calculating the economic impact of AD

activity. In order to account for various

inflationary costs in the airline industry,

the FAA has determined that it is

necessary to increase the labor rate used

in these calculations from $55 per work

hour to $60 per work hour. The

economic impact information, below,

has been revised to reflect this increase

in the specified hourly labor rate.

Subsequent to the issuance of the

notice, the FAA discovered that

reference to Model A300 B2–203 series

airplanes was omitted inadvertently

from paragraph (a) of the proposed rule.

This airplane model is not operated