57998 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

2005. Therefore, this action will 

continue the suspension of regulations 

indefinitely as USDA evaluates the 

Committee’s recommendation to 

terminate the order. 

This action also suspends the one 

remaining reporting requirement under 

the order regarding planted acreage. 

Because the industry has continued to 

decline, the Committee believes there is 

no need to incur any costs or gather any 

additional data. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements being suspended by this 

rule were approved previously by the 

Office of Management and Budget 

(OMB) and assigned OMB No. 0581–

0178, Vegetable and Specialty Crops. 

Suspension of all the reporting 

requirements under the order is 

expected to reduce the reporting burden 

on small or large South Texas melon 

handlers by 24.90 hours, and should 

further reduce industry expenses. 

Handlers are no longer required to file 

any forms with the Committee. This rule 

will, thus, not impose any additional 

reporting or recordkeeping requirements 

on either small or large melon 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, 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 melon 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the 

September 16, 2004, meeting and the 

September 7, 2005 meeting were public 

meetings and all entities, both large and 

small, were able to express their views 

on this issue. Finally, interested persons 

are invited to submit information on 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/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on 

continued suspension of the handling, 

assessment collection, and all reporting 

regulations currently prescribed under 

the South Texas melon marketing order. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that the 

regulations suspended by this interim 

final rule, as hereinafter set forth, no 

longer tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The rule continues to 

suspend the handling, assessment 

collection, reporting requirements, and 

related regulations for South Texas 

melons indefinitely; (2) termination of 

the order was recommended by the 

Committee at an open public meeting 

and all interested persons had an 

opportunity to express their views and 

provide input; (3) South Texas melon 

handlers are aware of this rule and need 

no additional time to comply with the 

relaxed requirements; and (4) this rule 

provides a 30-day comment period and 

any comments received will be 

considered prior to finalization of this 

rule. For these same reasons, a thirtyday comment period is deemed 

appropriate for interested persons to 

comment. 

List of Subjects in 7 CFR Part 979 

Marketing agreements, Melons, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 979 is amended as 

follows: 

PART 979—MELONS GROWN IN 

SOUTH TEXAS 

■ 1. The authority citation for 7 CFR 

part 979 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In part 979, §§ 979.106, 979.112, 

979.152, 979.155, 979.180, 979.219, and 

979.304 are suspended indefinitely in 

their entirety effective October 6, 2005. 

Dated: October 3, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–20088 Filed 10–3–05; 12:38 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22585; Directorate 

Identifier 2005–NM–041–AD; Amendment 

39–14328; AD 2005–20–31] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

Flight Management System (FMS) One 

Million Word (1M or 700K) Data Bases 

(9104 Cycle or Earlier), as Installed in, 

but Not Limited to, McDonnell Douglas 

Model MD–11 and MD–11F Airplanes, 

Boeing Model 747–400 Series 

Airplanes, and Boeing Model 757 and 

767 Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; rescission; request 

for comments. 

SUMMARY: The FAA is rescinding an 

existing airworthiness directive (AD) 

that applies to Honeywell FMS one 

million word (1M or 700K) data bases 

(9104 cycle or earlier) as installed in, 

but not limited to McDonnell Douglas 

Model MD–11 and MD–11F airplanes, 

Boeing Model 747–400 series airplanes, 

and Boeing Model 757 and 767 

airplanes. That AD requires a revision to 

the FAA-approved Airplane Flight 

Manual (AFM) and installation of a 

placard to prohibit the use of 

Nondirectional Beacon (NDB) 

approaches for landing. That AD was 

prompted by an anomaly in the 

Honeywell FMS one million word (1M 

or 700K) data bases (9104 cycle or 

earlier). We issued that AD to prevent 

an airplane deviating from the 

published approach to the runway, 

which could lead to premature ground 

contact before reaching the runway. 

Since we issued that AD, we have 

determined that the Honeywell FMS 

one million word (1M or 700K) 

databases (9104 cycle or earlier) no 

longer exist on any of the affected 

airplanes. 

DATES: This AD becomes effective 

October 5, 2005. 

We must receive comments on this 

AD by December 5, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

rescission. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-Wide Rulemaking Web 

site: Go to http://www.regulations.gov 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 57999 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

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

through Friday, except Federal holidays. 

You can examine the contents of this 

AD docket on the Internet at http:// 

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

George Mabuni, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5341; 

fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: On May 

30, 1991, the FAA issued AD 91–08–51, 

amendment 39–7031 (56 FR 26610, June 

10, 1991) (originally issued on April 5, 

1991, as telegraphic AD T91–08–51). 

That AD applies to certain McDonnell 

Douglas Model MD–11 airplanes, and 

Boeing Model 747–400, 757, and 767 

series airplanes. That AD requires a 

revision to the FAA-approved Airplane 

Flight Manual (AFM) and installation of 

a placard to prohibit the use of 

Nondirectional Beacon (NDB) 

approaches for landing. That action was 

prompted by an anomaly in the 

Honeywell Flight Management System 

(FMS) one million word (1M or 700K) 

data bases (9104 cycle or earlier). The 

actions required by that AD are 

intended to prevent an airplane 

deviating from the published approach 

to the runway, which could lead to 

premature ground contact before 

reaching the runway. 

Actions Since Previous AD Was Issued 

In February 2004, the FAA Office of 

Rulemaking (ARM–20) asked the public 

to tell us which regulations we should 

amend, eliminate, or simplify. We 

received about 100 comments from 

more than 30 commenters. One of the 

comments was on AD 91–08–51. The 

commenter stated that the navigational 

databases are upgraded monthly and no 

flight crew will be using a 13-year-old 

navigational database today. 

We agree with the commenter that AD 

91–08–51 is no longer necessary and 

therefore we will rescind the AD. We 

have received confirmation from the 

airplane and equipment manufacturers 

that the Honeywell FMS one million 

word (1M or 700K) databases (9104 

cycle or earlier) no longer exist on any 

of the affected airplanes worldwide. 

FAA’s Determination 

Upon further consideration, we have 

determined that we need to rescind AD 

91–08–51 to eliminate an unnecessary 

regulation. Operators may remove the 

AFM revision and the placard that 

prohibit the use of NDB approaches for 

landing. 

Since this action rescinds a 

requirement to perform an unnecessary 

action, it has no adverse economic 

impact and imposes no additional 

burden on any person. Therefore, 

providing notice and opportunity for 

public comment is unnecessary before 

this AD is issued, and this AD may be 

made effective in less than 30 days after 

it is published in the Federal Register. 

Explanation of Change to Applicability 

We have revised the applicability of 

the existing AD to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Comments Invited 

Although this is a final rule that was 

not preceded by notice and an 

opportunity for public comment, we 

invite you to submit any written 

relevant data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2005–22585; 

Directorate Identifier 2005–NM–041–

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:// 

dms.dot.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, 

anyone can find and read the comments 

in any of our dockets, including the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You can review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you can visit 

http://dms.dot.gov. 

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 Impact 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

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) 

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 final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Rescission 

■ Accordingly, according to the 

authority delegated to me by the 

Administrator, the FAA proposes to 

amend part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

58000 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding an airworthiness directive 

(AD) that removes amendment 39–7031 

(56 FR 26610, June 10, 1991), to read as 

follows: 

2005–20–31 Honeywell: Amendment 39–

14328. Docket No. FAA–2005–22585; 

Directorate Identifier 2005–NM–041–AD. 

Rescinds AD 91–08–51, Amendment 39–

7031. 

Effective Date 

(a) This AD becomes effective October 5, 

2005. 

Affected ADs 

(b) This action rescinds AD 91–08–51. 

Applicability 

(c) This action applies to Honeywell Flight 

Management System (FMS) one million word 

(1M or 700K) data bases (9104 cycle or 

earlier), as installed in, but not limited to, 

McDonnell Douglas Model MD–11 and MD–

11F airplanes, and Boeing Model 747–400 

series airplanes, Model 757–200, –200PF, 

–200CB, and –300 series airplanes, and 

Model 767–200, –300, –300F, and –400ER 

series airplanes, certificated in any category. 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19938 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22584; Directorate 

Identifier 2005–NM–044–AD; Amendment 

39–14313; AD 2004–19–06 R1] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD) 

that applies to all Boeing Model 767–

200, –300, and –300F series airplanes. 

The existing AD currently requires 

inspections to detect cracking or 

corrosion of the fail-safe straps between 

the side fitting of the rear spar bulkhead 

at body station 955 and the skin; and 

follow-on/corrective actions. The 

existing AD results from reports of 

cracked and/or corroded fail-safe straps 

at body station (BS) 955 on Boeing 

Model 767–200 series airplanes. We 

issued the existing AD to detect and 

correct fatigue cracking or corrosion of 

the fail-safe straps, which could result 

in cracking of adjacent structure and 

consequent reduced structural integrity 

of the fuselage. This new AD revises the 

applicability of the existing AD to 

reduce the number of affected airplanes. 

We are issuing this AD to detect and 

correct fatigue cracking or corrosion of 

the fail-safe straps, which could result 

in cracking of adjacent structure and 

consequent reduced structural integrity 

of the fuselage. 

DATES: The effective date of this AD is 

November 1, 2004. 

On November 1, 2004 (69 FR 57636, 

September 27, 2004), the Director of the 

Federal Register approved the 

incorporation by reference of Boeing 

Alert Service Bulletin 767–53A0100, 

dated September 26, 2002. 

We must receive comments on this 

AD by December 5, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-Wide Rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

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

through Friday, except Federal holidays. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Candice Gerretsen, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6428; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On September 13, 2004, we issued AD 

2004–19–06, amendment 39–13800 (69 

FR 57636, September 27, 2004). That 

AD applies to all Boeing Model 767–

200, –300, and –300F series airplanes. 

That AD requires inspections to detect 

cracking or corrosion of the fail-safe 

straps between the side fitting of the 

rear spar bulkhead at body station (BS) 

955 and the skin; and follow-on/ 

corrective actions. That AD resulted 

from reports of cracked and/or corroded 

fail-safe straps at BS 955 on Boeing 

Model 767–200 series airplanes. The 

actions specified in that AD are 

intended to detect and correct fatigue 

cracking or corrosion of the fail-safe 

straps, which could result in cracking of 

adjacent structure and consequent 

reduced structural integrity of the 

fuselage. 

Actions Since AD Was Issued 

Since we issued that AD, the 

manufacturer, Boeing, developed a 

production change that lowers the 

maximum stress in the fail-safe strap 

and removes the critical location where 

cracks were occurring on Boeing Model 

767–200, –300, and –300F series 

airplanes. The production change is 

applicable to airplanes having line 

numbers 932 and subsequent. Therefore, 

we have revised the applicability of AD 

2004–19–06 to Boeing Model 767–200, 

–300, and –300F series airplanes, line 

numbers 1 through 931 inclusive. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design that may be registered in the U.S. 

at some time in the future. For this 

reason, we are issuing this AD to detect 

and correct fatigue cracking or corrosion 

of the fail-safe straps, which could 

result in cracking of adjacent structure 

and consequent reduced structural 

integrity of the fuselage. This AD 

continues to require inspections to 

detect cracking or corrosion of the failsafe straps between the side fitting of 

the rear spar bulkhead at body station 

955 and the skin; and follow-on/ 

corrective actions. This AD also revises 

the applicability of the existing AD to 

exclude line numbers 932 and 

subsequent. 

Explanation of Change Made to This 

AD 

Boeing Commercial Airplanes has 

received a Delegation Option 

Authorization (DOA). We have revised 

this AD to delegate the authority to 

approve an alternative method of