Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 26315 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. In addition, as noted in 

the initial regulatory flexibility analysis, 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

An interim final rule concerning this 

action was published in the Federal 

Register on February 7, 2008, (73 FR 

7199). Copies of that rule were also emailed or sent via facsimile to all 

commodity handlers. Finally, the 

interim final rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 60-day 

comment period was provided for 

interested persons to respond to the 

interim final rule. The comment period 

ended on April 7, 2008, and no 

comments were received. 

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. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 932 

Olives, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ Accordingly, the interim final rule 

amending 7 CFR part 932 which was 

published at 73 FR 7199 on February 7, 

2008, is adopted as a final rule without 

change. 

Dated: May 6, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–10426 Filed 5–8–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1005 and 1007 

[AMS–DA–07–0059; AO–388–A22 and AO–

366–A51; Docket No. DA–07–03–A] 

Milk in the Appalachian and Southeast 

Marketing Areas; Correction 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the regulations that were 

published in the March 17, 2008 

Federal Register (73 FR 14153). The 

regulations inadvertently omitted 

language in § 1005.13 paragraphs (d)(3) 

and (d)(4), and § 1007.13 paragraphs 

(d)(3) and (d)(4) that provide for a zero 

diversion limit standard on loads of 

milk requesting transportation credits. 

This document corrects the final 

regulations by revising these sections. 

DATES: Effective Date: May 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Gino M. Tosi, Associate Deputy 

Administrator, USDA/AMS/Dairy 

Programs, Order Formulation and 

Enforcement Branches, STOP 0231—

Room 2971, 1400 Independence 

Avenue, SW., Washington, DC 20250–

0231, (202) 690–1366, e-mail address: 

gino.tosi@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides correcting 

amendments to the regulations of the 

Appalachian and Southeast milk 

marketing orders, found respectively at 

7 CFR part 1005 and 7 CFR part 1007. 

List of Subjects in 7 CFR Parts 1005 and 

1007 

Milk marketing orders. 

■ Accordingly, 7 CFR parts 1005 and 

1007 are corrected by making the 

following correcting amendments: 

■ 1. The authority citation for 7 CFR 

parts 1005 and 1007 continues to read 

as follows: 

Authority: 7 U.S.C. 601–674, and 7253. 

PART 1005—MILK IN THE 

APPALACHIAN MARKETING AREA 

■ 2. In § 1005.13, paragraphs (d) (3) and 

(4) are revised to read as follows: 

§ 1005.13 Producer Milk. 

* * * * * 

(d) * * * 

(3) The total quantity of milk so 

diverted during the month by a 

cooperative association shall not exceed 

25 percent during the months of July 

through November, January, and 

February, and 35 percent during the 

months of December and March through 

June, of the producer milk that the 

cooperative association caused to be 

delivered to, and physically received at, 

pool plants during the month, excluding 

the total pounds of bulk milk received 

directly from producers meeting the 

conditions as described in 

§ 1005.82(c)(2)(ii) and (iii), and for 

which a transportation credit is 

requested; 

(4) The operator of a pool plant that 

is not a cooperative association may 

divert any milk that is not under the 

control of a cooperative association that 

diverts milk during the month pursuant 

to paragraph (d) of this section. The 

total quantity of milk so diverted during 

the month shall not exceed 25 percent 

during the months of July through 

November, January, and February, and 

35 percent during the months of 

December and March through June, of 

the producer milk physically received at 

such plant (or such unit of plants in the 

case of plants that pool as a unit 

pursuant to § 1005.7(d)) during the 

month, excluding the quantity of 

producer milk received from handler 

described in § 1000.9(c) and excluding 

the total pounds of bulk milk received 

directly from producers meeting the 

conditions as described in § 1005.82 

(c)(2)(ii) and (iii), and for which a 

transportation credit is requested. 

* * * * * 

PART 1007—MILK IN THE SOUTHEAST 

MARKETING AREA 

■ 3. In § 1007.13, paragraphs (d)(3) and 

(4) are revised to read as follows: 

§ 1007.13 Producer milk. 

* * * * * 

(d) * * * 

(3) The total quantity of milk so 

diverted during the month by a 

cooperative association shall not exceed 

25 percent during the months of July 

through November, January, and 

February, and 35 percent during the 

months of December and March through 

June, of the producer milk that the 

cooperative association caused to be 

delivered to, and physically received at, 

pool plants during the month, excluding 

the total pounds of bulk milk received 

directly from producers meeting for 

conditions as described in 

§ 1007.82(c)(2)(ii) and (iii), and for 

which a transportation credit is 

requested; 

(4) The operator of a pool plant that 

is not a cooperative association may 

divert any milk that is not under the 

control of a cooperative association that 


rwilkins on PROD1PC63 with RULES
26316 Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 

diverts milk during the month pursuant 

to paragraph (d) of this section. The 

total quantity of milk so diverted during 

the month shall not exceed 25 percent 

during the months of July through 

November, January, and February, and 

35 percent during the months of 

December and March through June of 

the producer milk physically received at 

such plant (or such unit of plants in the 

case of plants that pool as a unit 

pursuant to § 1007.7(e)) during the 

month, excluding the quantity of 

producer milk received from a handler 

described in § 1000.9(c), excluding the 

total pounds of bulk milk received 

directly from producers meeting for 

conditions as described in 

§ 1007.82(c)(2)(ii) and (iii), and for 

which a transportation credit is 

requested; 

* * * * * 

Dated: May 6, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1239 Filed 5–6–08; 2:32 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0524; Directorate 

Identifier 2007–SW–77–AD; Amendment 39–

15519; AD 2007–26–52] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109C, A109E, and 

A109K2 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document supersedes 

Airworthiness Directive (AD) 2001–24–

07 R1 and adopts AD 2007–26–52, 

which was sent previously to all known 

U.S. owners and operators of Agusta 

S.p.A. (Agusta) Model A109C, A109E, 

and A109K2 helicopters by individual 

letters. This AD requires inspections for 

swelling, deformation, bonding 

separation, or a crack on each main 

rotor blade (MRB) with a certain tip cap 

installed, and if any of these conditions 

are found that exceed the prescribed 

limits, replacing the MRB before further 

flight. This amendment is prompted by 

a report of the in-flight loss of part of a 

tip cap. The actions specified in this AD 

are intended to prevent an increase in 

vibration of the MRB and subsequent 

loss of control of the helicopter. 

DATES: Effective May 27, 2008, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2007–26–52, issued on 

December 20, 2007, which contained 

the requirements of this amendment. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of May 27, 

2008. The Director of the Federal 

Register approved the incorporation by 

reference of Agusta Alert Bollettino 

Tecnico No. 109–106, No. 109K–22, and 

No. 109EP–1, all Revision B and all 

dated December 19, 2000, listed in the 

AD as of January 7, 2002 (66 FR 60144, 

December 3, 2001). 

Comments for inclusion in the Rules 

Docket must be received on or before 

July 8, 2008. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this AD from Agusta, 

21017 Cascina Costa di Samarate (VA) 

Italy, Via Giovanni Agusta 520, 

telephone 39 (0331) 229111, fax 39 

(0331) 229605–222595. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Operations office (telephone (800) 647–

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Safety 

Management Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On June 

16, 2004, the FAA issued AD 2001–24–

07 R1, Amendment 39–13687 (69 FR 

35511, June 25, 2004). That AD required 

inspecting each MRB, part number (P/N) 

709–0103–01, tip cap, for either bonding 

separation or a crack, and provided a 

terminating action for the requirements 

of the AD by replacing each tip cap with 

an airworthy tip cap, P/N 709–0103–29–

109. 

Since issuing that AD, there has been 

one report of in-flight loss of part of a 

tip cap, P/N 709–0103–29–109, 

resulting in an emergency landing due 

to an increase in vibrations. There has 

also been one report of cracking on the 

tip cap leading edge. Therefore, on 

December 20, 2007, we issued 

Emergency AD 2007–26–52, which 

superseded AD 2001–24–07 R1 (69 FR 

35511, June 25, 2004), to remove the 

terminating action of replacing a tip cap 

with tip cap, P/N 709–0103–29–109, 

and to remove the serial number 

limitation of AD 2001–24–07 R1. The 

Emergency AD requires inspecting and 

replacing certain MRBs, if necessary. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for Italy, a Member State of the 

European Community, notified us that 

an unsafe condition may exist on Agusta 

Model A109C, A109E, and A109K2 

helicopters. The EASA advises that an 

incident occurred in which a Model 

A109E helicopter lost part of the tip of 

the MRB due to fracture of the welded 

bead (joint line of shells). The 

manufacturer advises that the 

investigation relating to this tip cap 

failure is still ongoing. 

Agusta has issued Alert Bollettino 

Tecnico No. 109–106 for the Model 

A109C, No. 109K–22 for the Model 

A109K2, and No. 109EP–1 for the Model 

A109E, all Revision B and all dated 

December 19, 2000, which describe 

inspecting the MRB tip cap for bonding 

separation and a crack; a tap inspection 

of the tip cap for bonding separation in 

the blade bond; and a dye-penetrant 

inspection of the tip cap leading edge 

along the welded joint line of the upper 

and lower tip cap skin shells for a crack. 

Since then, Agusta has issued Bollettino 

Tecnico No. 109–125 for the Model 

A109C, No. 109EP–85 for the Model 

A109E, and No. 109K–48 for the Model 

A109K2, all dated December 13, 2007, 

which describe procedures for 

inspecting the tip cap, P/N 709–0103–

29–109, for cracks and for damage on 

the tip cap leading edge at the welded 

bead (joint line of shells). The EASA 

classified these bollettino tecnicos as 

mandatory and issued EASA Emergency 

AD No. 2007–0306–E, dated December 

14, 2007, to ensure the continued 


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