Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 57995 

3Application forms are available on the Internet 

(http://www.aphis.usda.gov/ppq/permits), by 

calling (877) 770–5990, or by writing to the address 

in this paragraph. Application forms may also be 

obtained from local offices at any of the ports 

designated in 50 CFR part 24. Telephone numbers 

and addresses of local offices are listed in telephone 

directories. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 355 

Endangered and threatened species, 

Exports, Imports, Law enforcement, 

Plants (Agriculture), Reporting and 

recordkeeping requirements. 

■ Accordingly, 7 CFR part 355 is 

amended as follows: 

PART 355—ENDANGERED SPECIES 

REGULATIONS CONCERNING 

TERRESTRIAL PLANTS 

■ 1. The authority citation for part 355 

continues to read as follows: 

Authority: 16 U.S.C. 1532, 1538, and 1540; 

7 CFR 2.22, 2.80, and 371.3. 

■ 2. Section 355.2 is amended by 

adding, in alphabetical order, a 

definition of protected plant permit to 

read as follows. 

§ 355.2 Definitions. 

* * * * * 

Protected plant permit. PPQ Form 

622, ‘‘Protected Plant Permit to Engage 

in the Business of Importing, Exporting, 

or Reexporting Terrestrial Plants 

Regulated by 50 CFR 17.12 and 23.23.’’

* * * * * 

§ 355.10 [Amended] 

■ 3. Section 355.10 is amended by 

removing the word ‘‘general’’ and 

adding the words ‘‘protected plant’’ in 

its place. 

■ 4. Section 355.11 is amended as 

follows: 

■ a. By removing footnote 3 and revising 

the section heading and the 

introductory text of paragraph (b) to 

read as set forth below. 

■ b. By removing the word ‘‘general’’

and adding in its place the words 

‘‘protected plant’’ in the following 

places: 

i. Paragraph (a). 

ii. Paragraph (b). 

iii. Paragraph (c). 

iv. Paragraph (d), both times it 

appears. 

v. Paragraph (e), all three times it 

appears. 

vi. Paragraph (h), all three times it 

appears. 

vii. Paragraph (i)(1), first sentence, 

both times it appears. 

viii. Paragraph (i)(2), introductory 

text, both times it appears. 

■ c. In paragraph (b)(5), by correcting 

the word ‘‘similiar’’ to read ‘‘similar’’. 

§ 355.11 Protected plant permits. 

* * * * * 

(b) An application for a protected 

plant permit shall be submitted to the 

Animal and Plant Health Inspection 

Service, Plant Protection and 

Quarantine, Permit Services, 4700 River 

Road Unit 133, Riverdale, MD 20737–

1236. The completed application shall 

include the following information: 3

* * * * * 

§ 355.20 [Amended] 

■ 5. In § 355.20, footnote 5 is 

redesignated as footnote 4. 

§ 355.22 [Amended] 

■ 5. In § 355.22, footnote 6 is 

redesignated as footnote 5. 

Done in Washington, DC, this 29th day of 

September 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–19944 Filed 10–4–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 979 

[Docket No. FV05–979–2 IFR] 

Melons Grown in South Texas; 

Continued Suspension of Handling 

and Assessment Collection 

Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule continues in effect 

indefinitely a suspension of the 

minimum grade, quality, maturity, 

container, pack, inspection, assessment 

collection, and other related 

requirements prescribed under the 

South Texas melon (cantaloupes and 

honeydews) marketing order (order). It 

also continues in effect a suspension of 

reporting requirements under the order. 

These requirements were initially 

suspended for the 2004–05 fiscal period 

to allow the South Texas melon 

industry to evaluate the need for the 

marketing order. This action also 

suspends one remaining reporting 

requirement in effect. The order 

regulates the handling of melons grown 

in South Texas and is administered 

locally by the South Texas Melon 

Committee (Committee). On September 

7, 2005, the Committee recommended 

termination of the order. This rule will 

relieve handlers of regulatory 

requirements while the Department of 

Agriculture (USDA) evaluates the 

Committee’s recommendation to 

terminate the order. 

DATES: Effective October 6, 2005. 

Comments received by November 4, 

2005 will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http:// 

www.ams.usda.gov/fv/moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Martin J. Engeler, Senior Marketing 

Specialist, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, Suite 102–B, Fresno, 

California 93721; telephone: (559) 487–

5110, Fax: (559) 487–5906; or Kathleen 

M. Finn, Formal Rulemaking Team 

Leader, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 156 and Order No. 979 (7 CFR part 

979), regulating the handling of melons 

grown in South Texas, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

57996 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule continues in effect 

indefinitely a suspension of the 

minimum grade, quality, maturity, 

container, pack, inspection, and other 

related requirements prescribed under 

the South Texas melon order. For the 

purposes of this rule, these 

requirements are referred to as handling 

requirements. It also continues in effect 

a suspension of assessment collection 

and reporting requirements under the 

order, and suspends one remaining 

reporting requirement currently in effect 

concerning planted acreage. An interim 

final rule published in the Federal 

Register on November 26, 2004 (69 FR 

68761), suspended these requirements 

for the 2004–05 fiscal period to allow 

the South Texas melon industry 

evaluate the need for the marketing 

order. A final rule was published in the 

Federal Register on February 23, 2005 

(70 FR 8709). The order regulates the 

handling of melons grown in South 

Texas and is administered locally by the 

South Texas Melon Committee 

(Committee). On September 7, 2005, the 

Committee recommended termination of 

the order after a year of evaluation. This 

rule will relieve handlers of regulatory 

requirements while USDA evaluates the 

Committee’s recommendation to 

terminate the order. 

Section 979.52 of the order provides 

authority for grade, size, maturity, 

quality, and pack regulations for any 

variety of melons grown in the 

production area during any period. 

Section 979.52 also authorizes the 

modification, suspension, or 

termination of regulations issued under 

the order. Authority to terminate or 

suspend provisions of the order is 

specified in § 979.84. 

Section 979.60 provides that 

whenever melons are regulated 

pursuant to § 979.52, such melons must 

be inspected by the Federal-State 

Inspection Service, and certified as 

meeting the applicable requirements of 

such regulations. The cost of such 

inspection and certification is borne by 

handlers. 

Under the order, fresh market 

shipments of South Texas melons are 

required to be inspected and are subject 

to minimum grade, quality, maturity, 

and container and pack requirements. 

Section 979.304 Handling regulation (7 

CFR part 979.304) specifies minimum 

grade and quality requirements for the 

handling of cantaloupes and honeydew 

melons. That section also specifies pack 

and container requirements for these 

commodities. 

Section 979.304 further includes a 

minimum quantity exemption of 120 

pounds per day, and reporting and 

safeguard requirements for special 

purpose and experimental shipments. 

Related provisions appear in the 

regulations in § 979.106 Registered 

handlers; § 979.152 Handling of culls; 

and § 979.155 Safeguards. 

At its September 16, 2004, meeting, 

the Committee unanimously 

recommended suspending, for the 

2004–2005 fiscal period, the handling, 

assessment collection, and all reporting 

requirements, except for the acreage 

planting reporting requirement. The 

2004–05 fiscal period began October 1, 

2004, and ends September 30, 2005. 

These requirements initially were 

suspended pursuant to a rule published 

in the Federal Register on November 26, 

2004 (69 FR 68761). It was believed that 

the cost of inspection and certification 

and administering the order may exceed 

the benefits. The regulations were 

suspended for one fiscal year so the 

industry would have time to evaluate 

whether the order should be continued. 

Consistent with the suspension of 

§ 979.304, also suspended for the 2004–

2005 fiscal year were § 979.106, 

§ 979.152, and § 979.155 of the rules and 

regulations in effect under the order. 

Section 979.106 provides for the 

registration of handlers, § 979.152 

details procedures for the handling of 

cull melons, and § 979.155 provides 

safeguard requirements for special 

purpose shipments and establishes 

reporting and recordkeeping 

requirements when such exemptions are 

in place. 

In addition, § 979.219 requiring that 

an assessment rate of $0.09 per carton 

of melons be collected from South Texas 

melon handlers was also suspended. 

Consistent with suspension of 

§ 979.219, § 979.112 specifying late 

payment charges on delinquent 

assessments was also suspended. 

The Committee met on September 7, 

2005, to evaluate the industry situation 

since the regulations were suspended. 

Planted acreage continued to decline, 

from 4,780 acres in 2003–04 to 2,364 

acres in 2004–05. The number of melon 

growers and handlers also continued to 

decline. During the 2003–04 season, 

there were 29 growers and 16 handlers; 

in 2004–05 the number of known 

growers decreased to 13 and handlers 

decreased to seven. In addition, no new 

varieties were introduced to improve 

the quality and make the product more 

competitive with product from other 

producing areas. In short, the industry 

situation continues to worsen. The 

Committee believes that there is no 

longer a need for the order, and 

therefore recommended its termination. 

USDA is evaluating the Committee’s 

recommendation. 

The first suspension of regulations 

expires on September 30, 2005. The 

process to terminate a marketing order 

takes several months to complete; 

therefore, this action will continue the 

suspension of regulations during this 

process, consistent with the intent of the 

Committee. 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. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 57997 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

During the 2004–05 marketing year, 

there were approximately seven 

handlers of South Texas melons subject 

to regulation under the marketing order 

and approximately 13 melon growers in 

the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $6,000,000, and small 

agricultural growers are defined as those 

having annual receipts of less than 

$750,000. 

Most of the handlers are vertically 

integrated corporations involved in 

growing, shipping, and marketing 

melons. For the 2003–04 marketing 

year, the industry’s 16 handlers shipped 

melons produced on 4,780 acres with 

the average and median volume handled 

being 89,012 and 10,655 containers, 

respectively. In terms of production 

value, total revenue for the 16 handlers 

was estimated to be $12,175,919, with 

the average and median revenues being 

$760,996 and $91,094, respectively. 

Complete comparable data is not 

available for the 2004–05 marketing 

year, but based on a reduction of acreage 

from 4,780 acres in 2003–04 to 1,364 

acres in 2004–05, and the reduced 

number of growers and handlers, it 

follows that the volume handled and the 

value of production likely declined as 

well. 

The South Texas melon industry is 

characterized by growers and handlers 

whose farming operations generally 

involve more than one commodity, and 

whose income from farming operations 

is not exclusively dependent on the 

production of melons. Alternative crops 

provide an opportunity to utilize many 

of the same facilities and equipment not 

in use when the melon production 

season is complete. For this reason, 

typical melon growers and handlers 

either double-crop melons during other 

times of the year or produce alternative 

crops, like onions. 

Based on the SBA’s definition of 

small entities, it is estimated that all of 

the seven handlers regulated by the 

order would be considered small 

entities if only their spring melon 

revenues are considered. However, 

revenues from other productive 

enterprises might push a number of 

these handlers above the $6,000,000 

annual receipt threshold. Of the 13 

growers within the production area, few 

have sufficient acreage to generate sales 

in excess of $750,000; therefore, the 

majority of growers may be classified as 

small entities. 

At its September 16, 2004, meeting, 

the Committee unanimously 

recommended suspending, for the 

2004–2005 fiscal period, the handling, 

assessment collection, and all reporting 

requirements, except for the acreage 

planting reporting requirement. The 

Committee requested that the rule be 

effective for the 2004–05 fiscal period, 

which began October 1, 2004, and ends 

September 30, 2005. A rule was 

published in the Federal Register on 

November 26, 2004, suspending these 

requirements for the specified period 

(69 FR 68762). A final rule was 

published in the Federal Register on 

February 23, 2005 (70 FR 8709). 

The objective of the handling and 

inspection requirements is to ensure 

that only acceptable quality cantaloupe 

and honeydew melons enter fresh 

market channels, thereby ensuring 

consumer satisfaction, increasing sales, 

and improving returns to growers. 

While the industry continues to believe 

that quality is an important factor in 

maintaining sales, the Committee 

believes that the cost of inspection and 

certification (mandated when minimum 

requirements are in effect) may exceed 

the benefits derived, especially in view 

of reduced melon acreage and yields in 

recent years. 

The South Texas cantaloupe and 

honeydew melon industry has been 

shrinking. South Texas historically had 

enjoyed a marketing window of 

approximately six weeks beginning 

about May 1 each season. That window 

has steadily eroded in recent years due 

to strong competition and quality 

problems in Texas melons. As a result, 

acreage has decreased dramatically from 

a high of 27,463 acres in 1987, to 4,780 

in 2004, and 1,364 acres in 2005. The 

number of producers and handlers also 

has steadily declined. 

Underlying economics for the South 

Texas melon industry did not justify 

continuing the regulations for 2004–05. 

Too little assessment revenue could be 

generated for an effective marketing and 

promotion program, and buyer demands 

have superseded the regulations in 

dictating quality requirements. 

Suspending the regulations enabled 

handlers to ship melons without regard 

to the minimum grade, quality, 

maturity, container, pack, inspection, 

and related requirements for the 2004–

05 fiscal period. It decreased industry 

expenses associated with inspection and 

assessments. 

In addition, this rule also suspended, 

for the 2004–05 marketing year, 

§ 979.219 requiring that an assessment 

rate of $0.09 per carton of melons be 

collected from South Texas melon 

handlers. Consistent with suspension of 

§ 979.219, § 979.112 specifying late 

payment charges on delinquent 

assessments was also suspended. 

Authorization to assess melon handlers 

enables the Committee to incur 

expenses that are necessary to 

administer the marketing order. 

With the suspension of handling, 

inspection, and assessment 

requirements, a limited Committee 

budget was needed for program 

administration and collection of acreage 

planting reports. For the period of the 

suspension, the Committee 

recommended a reduced budget of 

$70,959 to cover anticipated expenses. 

Adequate funds to cover these expenses 

were provided from the Committee’s 

reserves. 

The Committee anticipated that 

suspending the regulations would not 

negatively impact small businesses. The 

suspension applied to minimum grade, 

quality, maturity, container, pack, 

inspection, assessment collection, some 

reporting, and other related 

requirements. Further, this rule allowed 

handlers and growers the choice to 

obtain inspection for melons, as needed, 

thereby reducing costs for the industry. 

The total cost of inspection and 

certification for fresh shipments of 

South Texas melons during the 2003–04 

marketing season was $46,000. These 

costs were not incurred during the 

2004–2005 season. 

The suspension of the assessment 

collection requirements for the 2004–05 

season also resulted in some cost 

savings. Assessment collections during 

the 2003–04 season totaled $102,988. As 

a result of the suspension of § 979.219, 

no assessments were collected during 

the 2004–05 season. 

At its September 16, 2004, meeting, 

the Committee considered suspension of 

the marketing order, but wished to 

continue receiving data on plantings for 

a one-year period before deciding 

whether the order should be continued. 

The Committee met on September 7, 

2005, to evaluate the industry situation 

since the regulations were suspended. 

Planted acreage continued to decline, 

from 4,780 acres in 2003–04 to 2,364 

acres in 2004–05. The number of melon 

growers and handlers also continued to 

decline. During the 2003–04 season, 

there were 29 growers and 16 handlers; 

in 2004–05 the numbers decreased to 13 

and seven, respectively. In addition, no 

new varieties were introduced to 

improve the quality and make South 

Texas melons more competitive with 

other producing areas. 

The Committee believes that there is 

no longer a need for the order, and 

therefore recommended its termination. 

USDA is evaluating the Committee’s 

recommendation. The first suspension 

of regulations expires on September 30, 

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