72358 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

$1.60 per pound was based on the 

2005–2006 allotment percentages (35 

percent for Scotch and 40 percent for 

Native) published in the Federal 

Register on March 24, 2005 (70 FR 

14969). The 2004 Far West producer 

price for both classes of spearmint oil 

was $9.48 per pound. 

The surplus situation for the 

spearmint oil market that would exist 

without volume controls in 2005–2006 

also would likely dampen prospects for 

improved producer prices in future 

years because of the buildup in stocks. 

The use of volume controls allows the 

industry to fully supply spearmint oil 

markets while avoiding the negative 

consequences of over-supplying these 

markets. The use of volume controls is 

believed to have little or no effect on 

consumer prices of products containing 

spearmint oil and will not result in 

fewer retail sales of such products. 

Based on projections available at the 

October 5, 2005, meeting, the 

Committee considered alternatives to 

the recommended Native spearmint oil 

increase. The Committee not only 

considered leaving the salable quantity 

and allotment percentage unchanged, 

but also looked at various increases 

ranging from 0 percent to 10 percent. 

The Committee reached its 

recommendations to increase the salable 

quantity and allotment percentage for 

Native spearmint oil after careful 

consideration of all available 

information, and believes that the levels 

recommended will achieve the 

objectives sought. Without the increase, 

the Committee believes the industry 

would not be able to meet market needs. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

spearmint oil 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 meetings 

were widely publicized throughout the 

spearmint oil industry and all interested 

persons were invited to attend and 

participate in Committee deliberations. 

Like all Committee meetings, the August 

24, 2005, and October 5, 2005, meetings 

were public meetings and all entities, 

both large and small, were able to 

express their views on modification of 

the 2005–2006 salable quantities and 

allotment percentages. 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 a 

further change to the salable quantity 

and allotment percentage for Native 

spearmint oil for the 2005–2006 

marketing year. 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 this 

interim final rule, as hereinafter set 

forth, will 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) This rule increases the 

quantity of Native spearmint oil that 

may be marketed during the marketing 

year which ends on May 31, 2006; (2) 

the current quantity of Native spearmint 

oil may be inadequate to meet demand 

for the remainder of the marketing year, 

thus making the additional oil available 

as soon as is practicable is beneficial to 

both handlers and producers; (3) the 

Committee recommended these changes 

at a public meeting and interested 

parties had an opportunity to provide 

input; and (4) this rule provides a 60- 

day comment period and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

■ For the reasons set forth in the 

preamble, 7 CFR part 985 is amended as 

follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ 1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 985.224, paragraph (b) is 

revised to read as follows: 

[Note: This section will not appear in the 

annual Code of Federal Regulations.] 

§ 985.224 Salable quantities and allotment 

percentages—2005–2006 marketing year. 

* * * * * 

(b) Class 3 (Native) oil—a salable 

quantity of 1,171,455 pounds and an 

allotment percentage of 54 percent. 

Dated: November 11, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–23620 Filed 12–2–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23144; Directorate 

Identifier 2005–NM–218–AD; Amendment 

39–14393; AD 2005–24–13] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 45 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Learjet Model 45 airplanes. This AD 

requires modifying the electrical wire 

bundle for the alternator on the lefthand engine, inspecting for clearance 

between wire harnesses and engine 

tubing for each engine, and corrective 

actions if necessary. For certain 

airplanes, this AD also requires 

replacing the fuses for the hydraulic 

shutoff valves with fuses having higher 

amperage. This AD results from a report 

of a fire in the left-hand engine nacelle. 

We are issuing this AD to prevent 

chafing between the wire bundle for the 

alternator on each engine and the 

hydraulic lines, which could result in a 

fire in the engine nacelle. 

DATES: This AD becomes effective 

December 20, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 20, 2005. 

We must receive comments on this 

AD by February 3, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72359 

• 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 Learjet, Inc., One Learjet Way, 

Wichita, Kansas 67209–2942, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

James P. Galstad, Aerospace Engineer, 

Systems and Propulsion Branch, ACE–

116W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4135; fax (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received a report of a fire in 

the left-hand engine nacelle on a Learjet 

Model 45 airplane. Investigation 

revealed that an electrical wire bundle 

for the engine alternator had chafed a 

hole in a hydraulic line. This condition, 

if not corrected, could result in a fire in 

the engine nacelle. 

Relevant Service Information 

We have reviewed Bombardier Alert 

Service Bulletin SB A40–71–01, dated 

September 29, 2005 (for Learjet Model 

45 airplanes with serial numbers (S/Ns) 

45–2001 through 45–2029 inclusive); 

and Bombardier Alert Service Bulletin 

SB A45–71–4, dated September 29, 2005 

(for Learjet Model 45 airplanes with S/ 

Ns 45–005 through 45–273 inclusive). 

These service bulletins describe 

procedures for modifying the electrical 

wire bundle for the alternator on the 

left-hand engine to separate the wiring 

from the hydraulic pump lines and to 

protect the wiring; inspecting the left 

and right engines to make sure that the 

proper clearances are maintained 

between all wiring harnesses and engine 

tubing; and correcting improper 

clearances if necessary. The service 

bulletins also specify sending a 

compliance report to the manufacturer. 

We have also reviewed Bombardier 

Service Bulletin SB 40–24–01, dated 

April 22, 2005 (for Learjet Model 45 

airplanes with S/Ns 45–2001 through 

45–2015 inclusive); and Bombardier 

Service Bulletin SB 45–24–6, dated 

April 22, 2005 (for Learjet Model 45 

airplanes with serial numbers 45–005 

through 45–254 inclusive). The actions 

in these service bulletins must be 

accomplished before or concurrently 

with Bombardier Alert Service Bulletins 

SB A40–71–01 and SB A45–71–4. 

Bombardier Service Bulletin SB 40–24–

01 and SB 45–24–6 describe procedures 

for replacing the fuses for the hydraulic 

shutoff valves with fuses having higher 

amperage. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. 

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. For this reason, we are issuing 

this AD to prevent chafing between the 

wire bundle for the alternator on each 

engine and the hydraulic lines, which 

could result in a fire in the engine 

nacelle. This AD requires accomplishing 

the actions specified in the applicable 

service information described 

previously, except as discussed under 

‘‘Difference Between the AD and 

Bombardier Alert Service Bulletins SB 

A40–71–01 and SB A45–71–4.’’

Difference Between the AD and 

Bombardier Alert Service Bulletins SB 

A40–71–01 and SB A45–71–4 

Although Bombardier Alert Service 

Bulletins SB A40–71–01 and SB A45–

71–4 specify sending a compliance 

report to the manufacturer, this AD does 

not include that requirement. 

Clarification of Inspection Terminology 

In this AD, the ‘‘inspecting for proper 

clearance’’ specified in Bombardier 

Alert Service Bulletins SB A40–71–01 

and SB A45–71–4, is referred to as a 

‘‘general visual inspection.’’ We have 

included the definition for this 

inspection in a note in the AD. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2005–23144; Directorate Identifier 

2005–NM–218–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 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 Dockets 

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. 

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 

72360 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

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

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this 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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2005–24–13 Learjet: Amendment 39–14393. 

Docket No. FAA–2005–23144; 

Directorate Identifier 2005–NM–218–AD. 

Effective Date 

(a) This AD becomes effective December 

20, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Learjet Model 45 

airplanes, certificated in any category; serial 

numbers (S/Ns) 45–005 through 45–273 

inclusive, and 45–2001 through 45–2029 

inclusive. 

Unsafe Condition 

(d) This AD results from a report of a fire 

in the left-hand engine nacelle. We are 

issuing this AD to prevent chafing between 

the wire bundle for the alternator on each 

engine and the hydraulic lines, which could 

result in a fire in the engine nacelle. 

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. 

Modification 

(f) Within 50 flight hours after the effective 

date of this AD: Modify the electrical wire 

bundle for the alternator on the left-hand 

engine; and do a general visual inspection of 

the left and right engines to make sure that 

the proper clearances are maintained 

between all wiring harnesses and engine 

tubing. Correct improper clearances before 

further flight. Do all actions in accordance 

with the Accomplishment Instructions of the 

applicable service bulletin in paragraph (f)(1) 

or (f)(2) of this AD. 

(1) For Learjet Model 45 airplanes with S/ 

Ns 45–2001 through 45–2029 inclusive: 

Bombardier Alert Service Bulletin SB A40–

71–01, dated September 29, 2005. 

(2) For Learjet Model 45 airplanes with S/ 

Ns 45–005 through 45–273 inclusive: 

Bombardier Alert Service Bulletin SB A45–

71–4, dated September 29, 2005. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Concurrent Requirement 

(g) For airplanes with S/Ns identified in 

paragraphs (g)(1) and (g)(2) of this AD: Before 

or concurrently with the modification 

required by paragraph (f) of this AD, replace 

the fuses for the hydraulic shutoff valves 

with fuses having higher amperage in 

accordance with the Accomplishment 

Instructions of the applicable service bulletin 

in paragraph (g)(1) or (g)(2) of this AD. 

(1) For Learjet Model 45 airplanes with S/ 

Ns 45–2001 through 45–2015 inclusive: 

Bombardier Service Bulletin SB 40–24–01, 

dated April 22, 2005. 

(2) For Learjet Model 45 airplanes with S/ 

Ns 45–005 through 45–254 inclusive: 

Bombardier Service Bulletin SB 45–24–6, 

dated April 22, 2005. 

No Reporting Requirement 

(h) Although Bombardier Alert Service 

Bulletin SB A40–71–01, dated September 29, 

2005; and Bombardier Alert Service Bulletin 

SB A45–71–4, dated September 29, 2005; 

specify sending a compliance report to the 

manufacturer, this AD does not include that 

requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), 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 § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Material Incorporated by Reference 

(j) You must use the service information 

listed in Table 1 of this AD to perform the 

actions that are required by this AD, unless 

the AD specifies otherwise. The Director of 

the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Learjet, 

Inc., One Learjet Way, Wichita, Kansas 

67209–2942, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

TABLE 1.—MATERIAL INCORPORATED

BY REFERENCE

Bombardier service 

bulletin Date 

Alert Service Bulletin 

SB A40–71–01.

September 29, 2005. 

Alert Service Bulletin 

SB A45–71–4.

September 29, 2005. 

Service Bulletin SB 

40–24–01.

April 22, 2005. 

Service Bulletin SB 

45–24–6.

April 22, 2005. 

Issued in Renton, Washington, on 

November 18, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–23510 Filed 12–2–05; 8:45 am] 

BILLING CODE 4910–13–P