Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Proposed Rules 61239 

including whether other factors limited 

the number of nominees in the earlier 

selection process rather than the 

definition of substantial activity. The 

commenters stated that the size and 

pool of the eligible importers (200) was 

more than adequate to fill the vacancies 

on the Board. Concern was expressed as 

to the relationship of producers and 

importers on the Board. 

The supporting commentors were of 

the view that the substantial activity 

requirement unnecessarily limited the 

potential pool of nominees for service 

on the Board and denied some of the 

most significant and most qualified 

individuals in the avocado industry to 

serve on the Board 

In a separate publication in the 

Federal Register, the proposed rule was 

withdrawn without being finalized after 

taking into account the above. 

Comments and Information Requested 

Information, suggestions, and 

comments pertaining to the proposal are 

sought. Examples of specific 

information that would assist AMS in 

determining if this recommendation 

should be proposed are: 

1. Specific recommendations for the 

definition—including volume of 

imports relative to the volume of 

domestic production—that would allow 

the Department to measure substantial 

activity as is required by the Act. 

2. Data relative to the number of 

importers that would become eligible to 

serve on the Hass Avocado Board if the 

definition changed. 

3. Data relative to the number of 

importers that would become eligible to 

serve on the Hass Avocado Board if the 

definition was not changed. 

Summary 

In conclusion, the AMS is soliciting 

the views of interested persons as to 

amending the definition of substantial 

activity to enable the Department to 

better measure substantial activity as is 

required by the Act. Specifically, the 

AMS is interested in the points 

mentioned previously in this advance 

notice as well as statistical information, 

suggestions, and comments pertaining 

to the definition of substantial activity 

and the impact on the number of 

eligible importers to serve on the Board. 

All views are solicited, however, so that 

every aspect of this potential 

amendment may be studied prior to 

formulating a proposed rule, if such is 

deemed warranted by the AMS. 

This request for public comments 

does not constitute notification that the 

recommendation to change the 

regulations described in this document 

is or will be proposed or adopted. 

A 60-day comment period is provided 

to allow interested persons the 

opportunity to respond to this request 

for information and comments. All 

written comments timely received will 

be considered before any subsequent 

rulemaking action is undertaken. 

Authority: 7 U.S.C. 7801–7813. 

Dated: October 18, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–21081 Filed 10–20–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22748; Directorate 

Identifier 2005–NM–127–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070 and 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Fokker Model F.28 Mark 0070 

and 0100 airplanes. This proposed AD 

would require modifying the passenger 

door and installing new placards. This 

proposed AD results from reports of the 

airstairs-type passenger door opening 

during flight. We are proposing this AD 

to prevent rapid decompression of the 

airplane, or ejection of a passenger or 

crew member out the door during flight. 

DATES: We must receive comments on 

this proposed AD by November 21, 

2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

For service information identified in 

this proposed AD, contact Fokker 

Services B.V., P.O. Box 231, 2150 AE 

Nieuw-Vennep, the Netherlands. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2005–22748; Directorate 

Identifier 2005–NM–127–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed 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 proposed AD. 

Using the search function of that 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 may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

61240 Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Proposed Rules 

Discussion 

The Civil Aviation Authority—The 

Netherlands (CAA–NL), which is the 

airworthiness authority for the 

Netherlands, notified us that an unsafe 

condition may exist on certain Fokker 

Model F.28 Mark 0070 and 0100 

airplanes. The CAA–NL advises of 

several cases of the airstairs-type 

passenger door opening during flight on 

a Model F.28 Mark 0100 airplane. 

Investigators in all cases concluded that 

the incidents were not caused by defects 

in the design of the operating 

mechanism or the warning system, but 

probably resulted from incorrect use of 

the locking handle. Opening of the 

passenger door during flight could 

result in rapid decompression of the 

airplane, or a passenger or crew member 

being ejected out the door during flight. 

The passenger door operating 

mechanism and warning system is the 

same on both Model F.28 Mark 0100 

and 0700 airplanes. Therefore, both of 

these airplane models are subject to the 

identified unsafe condition. 

Relevant Service Information 

Fokker Services B.V. has issued 

Service Bulletin SBF100–52–069, 

Revision 3, dated December 18, 2002; 

including Manual Change Notification—

Operational Documentation MCNO–

F100–031, dated December 3, 2001, and 

Manual Change Notification—

Maintenance Documentation MCNM–

F100–064, Revision 2, dated December 

18, 2002; and including the drawings 

listed in the following table. (To 

conform to certain Office of the Federal 

Register requirements for incorporating 

these materials by reference, the table 

identifies the date of the service bulletin 

for undated drawings.) 

DRAWINGS INCLUDED IN SERVICE BULLETIN SBF100–52–069 

Fokker drawing Sheet Issue Date 

W41074 .............................................................................................................................. 065 DB ............... December 18, 2002. 

W41418 .............................................................................................................................. 003 L .................. December 18, 2002. 

W41418 .............................................................................................................................. 005 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 006 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 007 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 008 M ................. December 18, 2002. 

W42310 .............................................................................................................................. 001 D ................. August 14, 2000. 

W42310 .............................................................................................................................. 002 B .................. August 14, 2000. 

W42310 .............................................................................................................................. 003 F .................. June 11, 2001. 

W59243 .............................................................................................................................. 024 AU ............... June 12, 2001. 

W59261 .............................................................................................................................. 017 W ................. August 9, 2002. 

W59261 .............................................................................................................................. 025 S .................. July 3, 2001. 

The service bulletin describes 

procedures for modifying the passenger 

door. The modification involves 

installing additional door status 

indicators above the door, including 

relays and a flasher, a door status LED 

indicator, a circuit breaker, and 

electrical wiring; and making a cut-out 

in the cover above the passenger door. 

The service bulletin also describes 

procedures for installing improved 

placards at the handle and on the door. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. The CAA–NL mandated the 

service information and issued Dutch 

airworthiness directive 2002–057, dated 

April 29, 2002, to ensure the continued 

airworthiness of these airplanes in the 

Netherlands. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in the Netherlands and 

are type certificated for operation in the 

United States under the provisions of 

section 21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the CAA–NL 

has kept the FAA informed of the 

situation described above. We have 

examined the CAA–NL’s findings, 

evaluated all pertinent information, and 

determined that we need to issue an AD 

for airplanes of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Modify door and install placards .......... 17–18 $65 $2,645 $3,750–3,815 2 $7,500–7,630 

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 

Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Proposed Rules 61241 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. See the ADDRESSES section 

for a location to examine the regulatory 

evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Fokker Services B.V.: Docket No. FAA–

2005–22748; Directorate Identifier 2005–

NM–127–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 21, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Fokker Model F.28 

Mark 0070 and 0100 airplanes, certificated in 

any category, as identified in Fokker Service 

Bulletin SBF100–52–069, Revision 3, dated 

December 18, 2002. 

Unsafe Condition 

(d) This AD results from reports of the 

airstairs-type passenger door opening during 

flight. We are issuing this AD to prevent 

rapid decompression of the airplane, or 

ejection of a passenger or crew member out 

the door during flight. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Installation 

(f) Within 30 months after the effective 

date of this AD, modify the passenger door 

and install new placards, in accordance with 

the Accomplishment Instructions of Fokker 

Service Bulletin SBF100–52–069, Revision 3, 

dated December 18, 2002; including Manual 

Change Notification—Operational 

Documentation MCNO–F100–031, dated 

December 3, 2001, and Manual Change 

Notification—Maintenance Documentation 

MCNO–F100–064, Revision 2, dated 

December 18, 2002; and including the 

drawings listed in Table 1 of this AD. To 

conform to certain Office of the Federal 

Register requirements for incorporating these 

materials by reference, the table identifies the 

date of the service bulletin for undated 

drawings. 

TABLE 1.—DRAWINGS INCLUDED IN SERVICE BULLETIN SBF100–52–069 

Fokker drawing Sheet Issue Date 

W41074 .............................................................................................................................. 065 DB ............... December 18, 2002. 

W41418 .............................................................................................................................. 003 L .................. December 18, 2002. 

W41418 .............................................................................................................................. 005 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 006 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 007 E .................. December 18, 2002. 

W41418 .............................................................................................................................. 008 M ................. December 18, 2002. 

W42310 .............................................................................................................................. 001 D ................. August 14, 2000. 

W42310 .............................................................................................................................. 002 B .................. August 14, 2000. 

W42310 .............................................................................................................................. 003 F .................. June 11, 2001. 

W59243 .............................................................................................................................. 024 AU ............... June 12, 2001. 

W59261 .............................................................................................................................. 017 W ................. August 9, 2002. 

W59261 .............................................................................................................................. 025 S .................. July 3, 2001. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Related Information 

(h) Dutch airworthiness directive 2002–

057, dated April 29, 2002, also addresses the 

subject of this AD. 

Issued in Renton, Washington, on October 

14, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21054 Filed 10–20–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 382 

[Docket No. OST–2005–22298] 

RIN 2105–AC29 

Nondiscrimination on the Basis of 

Disability in Air Travel—Medical 

Oxygen and Portable Respiration 

Assistive Devices 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT).