Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8927

such year. An annual budget of

expenses is prepared by the Committee

and submitted to the Department for

approval. The members of the

Committee are producers and handlers

of avocados. They are familiar with the

Committee’s needs and with the costs

for goods, services, and personnel in its

area and are thus in a position to

formulate an appropriate budget. The

budget is formulated and discussed in a

public meeting. Thus, all directly

affected persons have an opportunity to

participate and provide input.

The assessment rate recommended by

the Committee is derived by dividing

anticipated expenses by expected

shipments of avocados. Because this

rate is applied to actual shipments, it

must be established at a rate which will

produce sufficient income to pay the

Committee’s expected expenses.

Expenses for the Committee are

incurred on a continuous basis.

Therefore, the budget and assessment

rate approval must be expedited so that

the Committee will have funds to pay its

expenses.

The Committee met on December 8,

1993, and unanimously recommended

1994–95 marketing order expenditures

of $97,000 and an assessment rate of

$0.16 per 55-pound bushel of avocados.

In comparison, 1993–94 fiscal year

budgeted expenditures were $113,846,

which is $16,846 more than the $97,000

recommended for the 1994–95 fiscal

year. The assessment rate of $0.16 per

bushel remained the same as last year’s

assessment rate of $0.16. The major

budget categories for 1994–95 were

$28,000 for administrative staff salaries,

$15,600 for compliance, and $10,100 for

employee benefits.

Assessment income for 1994–95 was

estimated to total $96,000 based on

anticipated fresh domestic shipments of

600,000 55-pound bushels of avocados.

Interest on savings was expected to add

an additional $1,000 to income.

Sufficient reserve funds were available

to cover any unexpected shortfall in

projected income. Funds in the reserve

at the end of the 1994–95 fiscal year

were estimated to be $100,000. These

reserve funds will be within the

maximum permitted by the order of

three fiscal years’ expenses.

The expenses and assessment rate

were authorized by an interim final rule

issued on January 25, 1994, and

published in the Federal Register (59

FR 5073, February 3, 1994). A 30-day

comment period was provided for

interested persons. No comments were

received.

The Committee met again on March 9,

1994, and unanimously recommended

to increase expenses from $97,000 to

$99,500, an increase of $2,500 in

expenses from the previously

authorized amount. The additional

funds provided money for increased

monitoring of water table levels in south

Florida. No change was recommended

for the assessment rate. Sufficient

reserve funds were available to cover

the increased expenses.

The increase in expenses was

authorized in the finalization of the

interim final rule issued on April 15,

1994, and published in the Federal

Register (59 FR 18943, April 21, 1994).

The Committee met again on

November 9, 1994, and unanimously

recommended to further increase

expenses by $16,920. This increases the

total 1994–95 expense amount from

$99,500 to $116,420. The additional

increase in expenses was recommended

to provide funding for the Avocado Lace

Bug Research Project. The avocado lace

bug has been the most persistent pest of

the avocado and its population numbers

have been increasing for the last two

years. No change was recommended in

the approved assessment rate. Adequate

funds exist in the Committee’s reserve

to cover the increase in expenses.

This action will not impose additional

costs on handlers. Therefore, the

Administrator of the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

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.

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 or to engage in

further public procedure prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register

because: (1) The fiscal year began on

April 1, 1994, and the Committee needs

to have approval to pay its expenses

which are incurred on a continuous

basis; (2) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting; and (3) no increase in

the assessment rate is being

recommended so no additional funds

will need to be collected from handlers.

List of Subjects in CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Part 915 is hereby

amended as follows:

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

1. The authority citation for 7 CFR

Part 915 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 915.232 [Amended]

2. Section 915.232 is amended by

removing the number ‘‘$99,500’’ and

adding in its place ‘‘$116,420’’.

Dated: February 8, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–3837 Filed 2–15–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–118–AD; Amendment

39–9142; AD 95–03–05]

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that requires

an inspection to detect cracks in the

cleats at certain rib stations of the wing,

and replacement of the cracked cleats

with new cleats. This amendment is

prompted by a report that, during

manufacture of the wings of these

airplanes, cracks were discovered in the

cleats at the left- and right-hand rib

station 8200 of the wing due to

improper installation of certain bolts.

The actions specified by this AD are

intended to prevent cracking of the

cleats, which could result in reduced

structural integrity of the wing.

DATES: Effective March 20, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 20,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained
8928 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

from Fokker Aircraft USA, Inc., 1199

North Fairfax Street, Alexandria,

Virginia 22314. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim

Dulin, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2141; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Fokker

Model F28 Mark 0100 series airplanes

was published in the Federal Register

on October 18, 1994 (59 FR 52481). That

action proposed to require a one-time

high-frequency eddy current inspection

to detect cracks of the cleats at the leftand right-hand rib station 8200 of the

wing, and replacement of the cracked

cleats with new cleats.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been added to this final rule to clarify

this requirement.

The FAA has recently reviewed the

figures it has used over the past several

years in calculating the economic

impact of AD activity. In order to

account for various inflationary costs in

the airline industry, the FAA has

determined that it is necessary to

increase the labor rate used in these

calculations from $55 per work hour to

$60 per work hour. The economic

impact information, below, has been

revised to reflect this increase in the

specified hourly labor rate.

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

The FAA estimates that 12 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 55

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $39,600, or $3,300 per

airplane.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–03–05 Fokker: Amendment 39–9142.

Docket 94–NM–118–AD.

Applicability: Model F28 Mark 0100 series

airplanes; as listed in Fokker Service Bulletin

SBF100–57–018, dated September 23, 1993;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced structural integrity of

the wing, accomplish the following:

(a) Prior to the accumulation of 16,000 total

flight cycles or within 3 months after the

effective date of this AD, whichever occurs

later, perform a one-time high-frequency

eddy current inspection to detect cracks in

the cleats at the left- and right-hand rib

station 8200 of the wing, in accordance with

Fokker Service Bulletin SBF100–57–018,

dated September 23, 1993. If any cracked

cleat is detected, prior to further flight,

replace it with a new cleat, in accordance

with the service bulletin.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8929

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The inspection and replacement shall

be done in accordance with Fokker Service

Bulletin SBF100–57–018, dated September

23, 1993. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Fokker Aircraft USA, Inc., 1199 North

Fairfax Street, Alexandria, Virginia 22314.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

March 20, 1995.

Issued in Renton, Washington, on February

3, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3247 Filed 2–15–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–109–AD; Amendment

39–9141; AD 95–03–04]

Airworthiness Directives; British

Aerospace Model Viscount 744, 745D,

and 810 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all British Aerospace

Model Viscount 744, 745D, and 810

series airplanes, that requires repetitive

inspections to detect fatigue cracking in

the pivot pins that attach both nose

wheel steering actuators to the steering

head assembly, and replacement of

cracked pins. This amendment is

prompted by a reported failure of a

pivot pin due to fatigue cracking. The

actions specified by this AD are

intended to prevent failure of the pivot

pin, which could result in the loss of

nose wheel steering capability.

DATES: Effective March 20, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 20,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace Regional

Aircraft Ltd., Engineering Support

Manager, Military Business Unit,

Chadderton Works, Greengate,

Middleton, Manchester M24 1SA,

England. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2148; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all British

Aerospace Model Viscount 744, 745D,

and 810 series airplanes was published

in the Federal Register on November 14,

1994 (59 FR 56435). That action

proposed to require initial and

repetitive magnetic particle inspections

to detect cracking of the pivot pin that

attaches the nose wheel steering

actuators to the steering head assembly,

and replacement of cracked pins.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been added to this final rule to clarify

this requirement.

The FAA has determined that this

addition will neither increase the

economic burden on any operator nor

increase the scope of the AD.

The FAA estimates that 29 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 3

work hours per airplane, per inspection

cycle, to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$5,220, or $180 per airplane, per

inspection cycle.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows: