Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18981

the month of the Western Nonfat Dry

Milk Low/Medium Heat price, as

reported by the Department.

(3) Dry buttermilk price. Dry

buttermilk price means the simple

average for the month of the Western

Dry Buttermilk price, as reported by the

Department.

(4) Cheddar cheese price. Cheddar

cheese price means the simple average

for the month of the National cheese

Exchange 40-pound block Cheddar

cheese price, as reported by the

Department.

(5) Grade A butter price. Grade A

butter price means the simple average

for the month of the Chicago Mercantile

Exchange Grade A butter price, as

reported by the Department.

(c) Determine the amounts by which

the gross value per hundredweight of

milk used to manufacture butter-nonfat

dry milk and the gross value per

hundredweight of milk used to

manufacture Cheddar cheese for the

current month exceed or are less than

the respective gross values for the

preceding month.

(d) Compute weighting factors to be

applied to the changes in gross values

determined pursuant to paragraph (c) of

this section by determining the relative

proportion that the data included in

each of the following paragraphs is of

the total of the data represented in

paragraphs (d)(1) and (d)(2) of this

section:

(1) Combine the total nonfat dry milk

production for the States of Minnesota

and Wisconsin, as reported by the

Department, for the most recent

preceding period, and divide by the

annual yield factor for nonfat dry milk,

8.07, to determine the quantity (in

hundredweights) of milk used in the

production of butter-nonfat dry milk;

and

(2) Combine the total American

cheese production for the States of

Minnesota and Wisconsin, as reported

by the Department, for the most recent

preceding period, and divide by the

annual yield factor for Cheddar cheese,

9.87, to determine the quantity (in

hundredweights) of milk used in the

production of American cheese.

(e) Compute a weighted average of the

changes in gross values per

hundredweight of milk determined

pursuant to paragraph (c) of this section

in accordance with the relative

proportions of milk determined

pursuant to paragraph (d) of this

section.

Dated: April 6, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–9009 Filed 4–13–95; 8:45 am]

BILLING CODE 3410–02–M

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Regulations;

Handicapped Workshop Participation

in Small Business Set-Aside

Contracts; Correction

AGENCY: Small Business Administration.

ACTION: Final rule; correction.

SUMMARY: The Small Business

Administration (SBA) is correcting an

error in the preamble concerning its

Small Business Size Regulations;

Handicapped Workshop Participation in

Small Business Set-aside Contracts,

which appeared in the Federal Register

on March 24, 1995 (60 FR 15477).

EFFECTIVE DATE: This rule is effective on

April 14, 1995.

FOR FURTHER INFORMATION CONTACT: Gary

M. Jackson, Assistant Administrator for

Size Standards, (202) 205–6618.

SUPPLEMENTARY INFORMATION: In the

second column of the Small Business

Size Regulations; Handicapped

Workshop Participation in Small

Business Set-aside Contracts, published

in the Federal Register on March 24,

1995 (60 FR 15477), the beginning of the

SUPPLEMENTARY INFORMATION was

inadvertently omitted and should be

inserted after the FOR FURTHER

INFORMATION CONTACT paragraph as

follows:

SUPPLEMENTARY INFORMATION: Section

15(a) of the Small Business Act (the

Act), 15 U.S.C. 644(a), provides Federal

agencies the authority to reserve Federal

contracts exclusively for small business

competition. Pursuant to section 3(a) of

the Act, 15 U.S.C. 632(a), and SBA’s size

regulations found at part 121 of title 13

of the Code of Federal Regulations

(CFR), a concern eligible as a small

business for these set-aside contracts

must be a for-profit concern,

independently-owned and operated, not

dominant in its field of operation, and

meet the applicable numerical size

standard as prescribed under 13 CFR

Section 121.601. The Small Business

Administration Reauthorization and

Amendments Act of 1994 amended

Section 15(c) of the Act, 15 U.S.C.

644(c), by expanding the eligibility of

entities which may participate in small

business set-aside contracts to include

public or private organizations for the

handicapped during fiscal year 1995.

See Pub. L. 103–403, section 305.

However, this statutory revision limits

the extent of participation by public or

private handicapped organizations in

small business set-aside awards to an

aggregate amount not to exceed

$40,000,000. The Act further provides

that Federal agencies making awards to

such organizations pursuant to

provisions of this Act may use multiyear contracts, if appropriate.

Dated: April 10, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–9208 Filed 4–10–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–37–AD; Amendment

39–9199; AD 95–06–53]

Airworthiness Directives; Boeing

Model 737 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

T95–06–53 that was sent previously to

all known U.S. owners and operators of

Boeing Model 737 series airplanes by

individual telegrams. This AD requires

identification of the part and serial

numbers of the main rudder power

control unit (PCU), and replacement of

certain PCU’s with serviceable parts, if

necessary. This amendment is prompted

by reports indicating that certain

modified rudder PCU’s malfunctioned

and failed functional retesting. The

actions specified by this AD are

intended to prevent the rudder actuator

piston and the rudder from operating

with reduced force capability or moving

in a direction opposite the intended

direction due to malfunctioning of the

rudder PCU; these conditions could

result in reduced controllability of the

airplane.

DATES: Effective May 1, 1995, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T95–06–53, issued

March 14, 1995, which contained the

requirements of this amendment.

The incorporation by reference of

Boeing Service Bulletin 737–27–1185,
18982 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations

dated April 15, 1993, as listed in the

regulations, was approved previously by

the Director of the Federal Register as of

March 3, 1994 (59 FR 4570, February 1,

1994).

Comments for inclusion in the Rules

Docket must be received on or before

June 13, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

37–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined 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.

FOR FURTHER INFORMATION CONTACT:

Kenneth W. Frey, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2673; fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: On

January 3, 1994, the FAA issued AD 94–

01–07, amendment 39–8789 (59 FR

4570, February 1, 1994), which is

applicable to certain Boeing Model 737

series airplanes. That AD requires

repetitive tests of existing main rudder

power control units (PCU’s), and

eventual replacement of the main

rudder PCU with a modified PCU. The

modified PCU also was required to be

functionally tested following

modification and prior to installation.

Recently, the FAA received two reports

of in-service malfunctioning of certain

rudder PCU’s that had been modified by

Aero Controls, Inc. Subsequently, these

PCU’s were removed from the airplanes

and failed functional retesting.

In both of the reported cases, the

secondary slide in the servo valve of

these PCU’s went past the intended

maximum travel position. An

examination of the PCU’s tested

revealed that the spring retainer backed

off from the spring guide. If the

secondary slide goes past the intended

maximum travel position, the rudder

actuator piston and the rudder could

operate with reduced force capability or

move in a direction opposite the

intended direction. These conditions, if

not corrected, could result in reduced

controllability of the airplane.

Results of a preliminary investigation

indicate that Aero Controls, Inc., may

not have been using the proper tool to

torque the spring retaining nut. The

FAA has identified 36 PCU’s that may

have been modified and/or tested

incorrectly by that repair station. This

AD affects only those PCU’s modified

and/or tested by Aero Controls, Inc. The

FAA is currently in the process of

verifying that other repair stations and

operators have properly modified and

tested PCU’s.

The FAA has confirmed that the PCU

installed on the USAir Model 737 series

airplane that was involved in an

accident near Pittsburgh in September

1994 had not been modified. The PCU

from that airplane has been subjected to

thorough functional testing, and no

evidence of failures or deficiencies has

been found. The investigation of that

accident is continuing. No

determination has been made that the

PCU was the cause of that accident. This

AD is being issued to correct the

conditions described above and is not

related to the results of the Pittsburgh

accident investigation.

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design, the

FAA issued Telegraphic AD T95–06–53.

The AD requires identification of the

part number and serial number of the

main rudder PCU, and replacement of

certain PCU’s with serviceable parts, if

necessary.

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 included in this rule to clarify this

long-standing requirement.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

telegrams issued on March 14, 1995, to

all known U.S. owners and operators of

Boeing Model 737 series airplanes.

These conditions still exist, and the AD

is hereby published in the Federal

Register as an amendment to § 39.13 of

the Federal Aviation Regulations (14

CFR 39.13) to make it effective to all

persons.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–37–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18983

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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:

95–06–53 Boeing: Amendment 39–9199.

Docket 95–NM–37–AD.

Applicability: All Model 737 series

airplanes, 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 (d) 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 the rudder actuator piston and

the rudder from operating with reduced force

capability or moving in a direction opposite

the intended direction, and resultant reduced

controllability of the airplane, accomplish

the following:

(a) Within 5 flights after the effective date

of this AD, identify the part number and

serial number of the main rudder power

control unit (PCU).

(b) If the PCU is identified with a part

number and serial number specified in the

list below, prior to further flight, remove the

PCU from the airplane, and replace it with

a serviceable part.

Part No. Serial No.(s)

65C37052–3 ... 17SS, 49, 90A, 101, 138,

149A, 191A, 308A, 374,

EGG0282.

65C37052–5 ... 1211A.

65C37052–7 ... 399A, 710A, 926A, 935A,

1175A, 1237A, 1493A,

1504A, 1546, 1561A,

67700.

65C37052–8 ... 1090A, 1223, 1920, 2023A.

65C37052–9 ... 0184, 247, 394A, 641A,

1739A, 1746A, 1796A,

1849A, 1997A, 2181A.

(c) As of the effective date of this AD, no

person shall install on any airplane a rudder

PCU having a part number and serial number

that is specified in the list contained in

paragraph (b) of this AD unless paragraphs

(c)(1), (c)(2), (c)(3), and (c)(4) of this AD are

accomplished.

(1) Perform a functional test of the PCU in

accordance with Part II of the

Accomplishment Instructions of Boeing

Service Bulletin 737–27–1185, dated April

15, 1993. And

(2) Check the torque value on the spring

retainer, Part Number 68021–5, to determine

that it measures a minimum of 25 inchpounds. If the torque value is less than 25

inch-pounds, repair in accordance with a

method approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. And

(3) Repeat the functional test required by

paragraph (c)(1) of this AD. The PCU must

pass this functional test in order to be

returned to service. And

(4) The measurement required by

paragraph (c)(2) of this AD must be reported

to the FAA, Transport Airplane Directorate,

Seattle ACO, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056; fax (206)

227–1181. Information collection

requirements contained in this regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(d) 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, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(e) 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.

(f) The functional test shall be done in

accordance with Boeing Service Bulletin

737–27–1185, dated April 15, 1993. The

incorporation by reference of this document

was approved previously by the Director of

the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51 as of March

3, 1994 (59 FR 4570, February 1, 1994).

Copies may be obtained from Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. 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.

(g) This amendment becomes effective on

May 1, 1995, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T95–06–53,

issued on March 14, 1995, which contained

the requirements of this amendment.

Issued in Renton, Washington, on April 5,

1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8828 Filed 4–13–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 10, 101, 111, 123, 128,

141, 143, 145, 148, 159, and 178

[T.D. 95–31]

RIN 1515–AB53

Express Consignments; Formal and

Informal Entries of Merchandise;

Administrative Exemptions

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by adopting final

rules that implement two Customs

Modernization provisions of the North

American Free Trade Agreement

Implementation Act that seek to

streamline the commercial operations of

the U.S. Customs Service. One provision

concerns raising administrative

exemptions from duty, taxes, and fees

on articles such as gifts and personal

and household goods; the other

concerns exemptions from entry