Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Rules and Regulations 10801

removing in paragraph (c)(1) the letter

‘‘(e)’’ and adding in its place ‘‘(b) and

(e)’’ and removing the word ‘‘handler’’

and adding in its place ‘‘handler and

importer’’; removing in paragraph

(c)(2)(viii) the word ‘‘five’’ and adding

in its place ‘‘10’’; and removing in

paragraph (d)(1) the word ‘‘handler’’

wherever it appears and adding in its

place ‘‘handler and importer’’ to read as

follows:

§ 1210.518 Payment of assessments.

(a) Time of payment. The assessment

on domestically produced watermelons

shall become due at the time the first

handler handles the watermelons for

non-exempt purposes. The assessment

on imported watermelons shall become

due at the time of entry, or withdrawal,

into the United States.

(b) Responsibility for payment.

(1) The first handler is responsible for

payment of both the producer’s and the

handler’s assessment. The handler may

collect the producer’s assessment from

the producer or deduct such producer’s

assessment from the proceeds paid to

the producer on whose watermelons the

producer assessment is made. Any such

collection or deduction of producer

assessment shall be made not later than

the time when the first handler handles

the watermelons.

(2) The U.S. Customs Service shall

collect assessments on imported

watermelons from importers and

forward such assessments under an

agreement between the U.S. Customs

Service and the U.S. Department of

Agriculture. Importers shall be

responsible for payment of assessments

directly to the Board of any assessments

due but not collected by the U.S.

Customs Service at the time of entry, or

withdrawal, on watermelons imported

into the United States for human

consumption.

* * * * *

§ 1210.519 [Amended]

32. Section 1210.519 is amended by

removing in the introductory paragraph

the word ‘‘handler’’ and adding in its

place ‘‘handler and importer’’; by

removing in paragraph (a) the word

‘‘handler’s’’ and adding in its place

‘‘handler’s and importer’s’’; and

removing the word ‘‘Watermelon’’ from

the introductory paragraph and

paragraphs (a) and (b).

33. Section 1210.520 is revised to read

as follows:

§ 1210.520 Refunds.

Each importer of less than 150,000

pounds of watermelons during any

calendar year shall be entitled to apply

for a refund of the assessments paid in

an amount equal to the amount paid by

domestic producers.

(a) Application form. The Board shall

make available to all importers a refund

application form.

(b) Submission of refund application

to the Board. The refund application

form shall be submitted to the Board

within 90 days of the last day of the year

the watermelons were actually

imported. The refund application form

shall contain the following information:

(1) Importer’s name and address;

(2) Number of hundredweight of

watermelon on which refund is

requested;

(3) Total amount to be refunded;

(4) Proof of payment as described

below; and

(5) Importer’s signature.

(c) Proof of payment of assessment.

Evidence of payment of assessments

satisfactory to the Board shall

accompany the importer’s refund

application. An importer must submit a

copy of the importer’s report or a

cancelled check. Evidence submitted

with a refund application shall not be

returned to the applicant.

(d) Payment of refund. Immediately

after receiving the properly executed

application for refund, the Board shall

make remittance to the applicant.

34. Section 1210.521 is revised to read

as follows:

§ 1210.521 Reports of disposition of

exempted watermelons.

The Board may require reports by

handlers or importers on the handling/

importing and disposition of exempted

watermelons and/or on the handling of

watermelons for persons engaged in

growing less than 10 acres of

watermelons or in the case of importers,

the importing of less than 150,000

pounds per year. Authorized employees

of the Board or the Secretary may

inspect such books and records as are

appropriate and necessary to verify the

reports on such disposition.

§ 1210.530 [Amended]

35. Section 1210.530 is amended by

removing the word ‘‘handler’’ from the

introductory text and adding in its place

‘‘handler and importer’’.

§ 1210.531 [Amended]

36. Section 1210.531 is amended by

removing the word ‘‘handler’’ and

adding in its place ‘‘handler and

importer’’.

37. Section 1210.532 is revised to read

as follows:

§ 1210.532 Confidential books, records,

and reports.

All information obtained from the

books, records, and reports of handlers

and importers and all information with

respect to refunds of assessments made

to importers shall be kept confidential

in the manner and to the extent

provided for in § 1210.352.

Dated: February 21, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–4736 Filed 2–27–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–128–AD; Amendment

39–9146; AD 95–03–09]

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 all Fokker F28 Mark 0100

series airplanes, that requires inspecting

the teleflex cable of the landing gear to

detect corrosion, moisture, or improper

greasing, and replacing discrepant

teleflex cables with serviceable parts.

This amendment is prompted by reports

of difficulties with the operation of the

selector handle of the landing gear when

‘‘gear down’’ is selected, due to

improper greasing of the teleflex cable

of the landing gear during production.

The actions specified by this AD are

intended to prevent moisture from

accumulating on the teleflex cable,

which could result in corrosion of the

teleflex cable that could inhibit

operation of the selector handle of the

landing gear.

DATES: Effective March 30, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 30,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

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:
10802 Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Rules and Regulations

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 all Fokker Model

F28 Mark 0100 series airplanes was

published in the Federal Register on

October 18, 1994 (59 FR 52479). That

action proposed to require removing the

teleflex cable of the landing gear, part

number D76351–001, and inspecting it

to detect corrosion, moisture, or

improper greasing. If no discrepancies

are detected, the cable would be

cleaned, greased, and reassembled. If

any discrepancy is detected, the cable

would be replaced with a serviceable

part.

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.

Additionally, the applicability of the

final rule has been revised to clarify that

only airplanes equipped with a teleflex

cable of the landing gear, having part

number D76351–001, are applicable to

the requirements of the AD.

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 change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

The FAA estimates that 119 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 10.9

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will be supplied by the

manufacturer at no cost to the operators.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $77,826, or $654 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:

95–03–09 Fokker: Amendment 39–9146.

Docket 94–NM–128–AD.

Applicability: Model F28 Mark 0100 series

airplanes; equipped with a teleflex cable of

the landing gear, having part number

D76351–001; 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 moisture from accumulating on

the teleflex cable, which could result in

corrosion of the teleflex cable that could

inhibit operation of the selector handle of the

landing gear, accomplish the following:

(a) Within 4 months after the effective date

of this AD, remove the teleflex cable of the

landing gear, part number D76351–001, and

perform an inspection of it to detect

corrosion, moisture, or improper greasing, in

accordance with Fokker Service Bulletin

SBF100–32–071, dated June 22, 1993.

(1) If no discrepancies are found, prior to

further flight, clean, grease, and reinstall the

teleflex cable, in accordance with the service

bulletin.

(2) If any discrepancy is found, prior to

further flight, replace the teleflex cable with

a serviceable part 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
Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Rules and Regulations 10803

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

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 §§ 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 actions shall be done in accordance

with Fokker Service Bulletin SBF100–32–

071, dated June 22, 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 30, 1995.

Issued in Renton, Washington, on February

6, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3357 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 93–ANE–81; Amendment 39–

9091; AD 94–25–07]

Airworthiness Directives; Pratt &

Whitney JT8D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing telegraphic airworthiness

directive (AD), applicable to Pratt &

Whitney (PW) JT8D series turbofan

engines, that currently requires

repetitive ultrasonic inspections of a

combustion chamber outer case (CCOC)

weld, but also allows visual inspection

or fluorescent magnetic penetrant

inspection (FMPI) of certain CCOC’s

under specified conditions. This

amendment allows ultrasonic

inspections only. This amendment is

prompted by the greater availability of

ultrasonic inspection equipment, which

provides a more definitive means of

discovering cracks than either visual

inspections or FMPI. The actions

specified by this AD are intended to

prevent rupture of the CCOC, which

could result in fire, engine cowl release,

or aircraft damage.

DATES: Effective March 30, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 30,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Pratt & Whitney, 400 Main St., East

Hartford, CT 06108. This information

may be examined at the Federal

Aviation Administration (FAA), New

England Region, Office of the Assistant

Chief Counsel, 12 New England

Executive Park, Burlington, MA 01803–

5299; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Mark A. Rumizen, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7137,

fax (617) 238–7199.

SUPPLEMENTARY INFORMATION: On March

1, 1989, the Federal Aviation

Administration (FAA) issued

telegraphic airworthiness directive (AD)

T89–05–52, applicable to Pratt &

Whitney (PW) JT8D series turbofan

engines, which requires repetitive

ultrasonic inspections for cracks in the

combustion chamber outer case (CCOC).

In addition, that telegraphic AD allowed

operators who did not have ultrasonic

inspection capability to perform visual

inspections and fluorescent magnetic

penetrant inspections (FMPI) of CCOC’s.

That action was prompted by reports of

two CCOC’s, both part number (P/N)

796761, which were found in service

with severe cracking and distress at the

weld which joins the forward case detail

to the rear flange detail. These cracks

initiated from an area of incomplete

weld created during the manufacturing

process and were not detected during

the final inspection process. Another

CCOC, P/N 806675, is manufactured

using a similar process and has the same

potential for incomplete welds, but to

date have not been found cracked. That

condition, if not corrected, could result

in rupture of the CCOC, which could

result in fire, engine cowl release, or

aircraft damage.

Since the issuance of that telegraphic

AD, the FAA has received reports that

most operators now have the capability

to perform ultrasonic inspections,

which provides a more definitive means

of discovering cracks than either visual

inspections or FMPI. In telegraphic AD

T89–05–52, reinspection of all CCOC’s

is required, including reinspection of

those CCOC’s that exhibited minimal

ultrasonic indications during initial

inspection. The FAA has determined

analytically that CCOC’s that exhibit

maximum signal amplitudes of less than

40 percent are not life limited at the

defined weld area. Therefore, CCOC’s

that meet this signal criteria for two

consecutive ultrasonic inspections may

be marked with a new P/N, provided the

second ultrasonic inspection is

accomplished at least 2,500 cycles in

service (CIS) after the first inspection

and the second inspection is performed

in accordance with Appendix C of PW

Alert Service Bulletin (ASB) No. 5842,

Revision 3, dated October 10, 1990.

Finally, the FAA has determined that

certain CCOC’s, P/N 806675, were

ultrasonically inspected by PW during

the manufacturing process, and

therefore do not need to be inspected

again until they are accessible in the

shop.

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) by superseding telegraphic AD

T89–05–52 was published in the

Federal Register on January 27, 1994

(59 FR 3797). That action proposed to

require repetitive ultrasonic inspections

of CCOC’s for cracks. The proposed AD

would also allow CCOC’s that meet

certain signal criteria for two

consecutive ultrasonic inspections to be

marked with a new P/N. Once

remarked, those CCOC’s would not need

to meet the repetitive ultrasonic

inspection requirements of this AD.

Finally, the proposed AD would require

ultrasonic inspections on certain

CCOC’s, P/N 806675, identified by serial

number, that were ultrasonically

inspected by PW during the

manufacturing process, when they are

accessible in the shop.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Two commenters state that operators

should be exempt from the initial 10

days or 75 cycles in service (CIS) after

the effective date of this AD, whichever

occurs later, ultrasonic inspection if

they have already accomplished the

inspection in accordance with

telegraphic AD T89–05–52. The FAA

concurs and paragraphs (a) and (b) of

the compliance section of this final rule

have been revised in accordance with

this comment.

Three commenters state that they

agree with eliminating visual

inspections and only allowing