Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules 19383

season to remit to the Committee what

is owed. When assessments are not paid

in a timely manner, the handlers paying

assessments on time are placed in an

unfair situation compared with the

delinquent handlers, who have use of

that unpaid assessment money for other

purposes, including earning interest in

a financial institution.

As part of its collection efforts, the

Committee has requested handlers to

promptly submit delinquent assessment

payments. However, such requests have

not substantially decreased the

frequency of delinquent payments. To

facilitate the collection of assessments

needed for the maintenance and

functioning of the Committee, it

recommended the establishment of an

interest charge of one (1) percent per

month to be applied to any assessment

balance remaining unpaid after 30 days,

and that this one (1) percent interest

charge shall be applied monthly

thereafter to the unpaid balance,

including any accumulated unpaid

interest. The Committee believes that

these charges are high enough to

encourage timely assessment payments.

The charges are within the interest

range customarily charged by banks on

commercial accounts.

This proposed change is intended to

encourage handlers to pay their

assessments when due, thereby

eliminating inequities. The Committee

believes that this would be an effective

means to ensure timely payments. This

proposed change is expected to reduce

the need for Department involvement

with compliance efforts and thereby

reduce the costs for the government to

administer the order.

Effective June 5, 1972, § 946.42 of the

order was revised to authorize the

Committee to maintain an operating

reserve not to exceed approximately two

fiscal periods’ operational expenses, or

such lower limits as the Committee,

with the approval of the Secretary, may

establish (37 FR 10915; June 1, 1972).

Funds in the reserve are available for

use by the Committee for expenses

authorized pursuant to § 946.40. Since

June of 1972, the Committee has

conducted its financial operations with

a reserve approximating two fiscal

periods’ expenses and has not

recommended a lower limit.

However, the proviso in paragraph (a)

of § 946.142 of Subpart—Rules and

Regulation’s (7 CFR 946.100–946.142;

32 FR 16199; November 28, 1967)

limiting the operating reserve to

approximately one fiscal year’s

expenses has never been updated to

bring it into conformity with amended

paragraph (a) of § 946.42 of the order.

This proposed rule proposes to make

that conforming change by changing the

words ‘‘one fiscal year’s expenses’’ at

the end of the proviso to ‘‘two fiscal

periods’ expenses’’.

Based on available information, the

Administrator of the AMS has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

A 15-day comment period is deemed

appropriate to allow interested persons

to respond to this proposal. The

Committee would like to impose

interest charges on delinquent handlers

as soon as possible to encourage such

handlers to pay assessments in a timely

manner. All written comments received

within the comment period will be

considered before a final rule is issued

on this matter.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, it is proposed that 7 CFR part

946 be amended as follows:

PART 946—IRISH POTATOES GROWN

IN WASHINGTON

1. The authority citation for 7 CFR

part 946 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 946.141 is added to read

as follows:

§ 946.141 Late payment and interest

charge.

The Committee shall impose an

interest charge on any handler who fails

to pay his or her assessment within

thirty (30) days of the billing date

shown on the handler’s assessment

statement received from the Committee.

The interest charge shall, after 30 days,

be one percent of the unpaid assessment

balance. In the event the handler fails to

pay the delinquent assessment, the one

percent interest charge shall be applied

monthly thereafter to the unpaid

balance, including any accumulated

unpaid interest. Any amount paid by a

handler as an assessment, including any

charges imposed pursuant to this

paragraph, shall be credited when the

payment is received in the Committee

office.

3. In § 946.142, paragraph (a) is

revised to read as follows:

§ 946.142 Operating reserve.

(a) The Committee, with the approval

of the Secretary, may carry over excess

funds into subsequent fiscal periods as

an operating reserve: Provided, That

funds in the operating reserve may not

exceed approximately two fiscal

periods’ expenses.

* * * * *

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–9453 Filed 4–17–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–29–AD]

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Fokker Model F28 Mark 0100

series airplanes. This proposal would

require a one-time operational test of the

No. 1 pitot heating system, and repair or

replacement of failed elements. This AD

also would require modification of

certain electrical wiring, and

replacement of the pitot head and a

certain relay. This proposal is prompted

by reports indicating that the No. 1 Air

Data Computer (ADC #1) failed due to

icing of the No. 1 pitot tube. The actions

specified by the proposed AD are

intended to prevent icing of the No. 1

pitot tube, which could result in failure

of the No. 1 ADC or output of erroneous

airspeed data to all on-side subsidiary

systems including the Automatic Flight

Control and Augmentation System

(AFCAS).

DATES: Comments must be received by

May 30, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

29–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Aircraft USA, Inc., 1199 North

Fairfax Street, Alexandria, Virginia

22314. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.
19384 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Timothy Dulin, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2141; fax (06) 227–1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–29–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

95–NM–29–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, recently notified the

FAA that an unsafe condition may exist

on certain Fokker Model F28 Mark 0100

series airplanes. The RLD advises that it

received reports indicating that the No.

1 Air Data Computer (ADC #1) failed on

Model F28 Mark 0100 series airplanes.

This failure resulted in the loss of the

captain’s airspeed indicator and

malfunction alerts from all on-side

subsidiary systems [i.e., Flight Control

Computer (FCC #1), Auto Throttle (AT

#1), Yaw Damper (YD #1) and

Horizontal Stabilizer Trim (Stab Trim

#1)]. Subsequent investigation revealed

that one of two heating elements (the

tube part) of the No. 1 pitot tube had

failed, which resulted in icing of the

tube. Because the electrical current level

of a single functioning element (100W)

was higher than the trigger level of the

pitot heat fault alert (42W), the failure

was not annunciated. In severe icing

conditions, operation of a single

element produces too little heat to

prevent freezing of the pitot probe. If an

undetected heating element failure does

not lead to a failure of ADC #1,

erroneous data could be supplied to

those on-side subsidiary systems

mentioned above. This may cause the

Automatic Flight Control and

Augmentation System (AFCAS) to

generate control commands based on

incorrect airspeed data. Icing of the No.

1 pitot heat system, if not corrected,

could result in failure of the ADC #1 or

lead to erroneous data being supplied to

all on-side subsidiary systems.

Fokker has issued Service Bulletin

SBF100–30–015, Revision 2, dated

January 25, 1995, which describes

procedures for accomplishing an

operational test of the No. 1 pitot

heating system. The service bulletin also

describes procedures for removal of the

DC current-sensing relay and

replacement with two new DC currentsensing relays; the replacement of the

pitot head with a new pitot head; and

modification of certain electrical wiring

of the pitot heating system.

Accomplishment of this service bulletin

will prevent the pitot head from

accumulating ice due to failure of a

heating element in the No. 1 pitot tube.

The RLD classified this service bulletin

as mandatory and issued Netherlands

airworthiness directive BLA 94–114(A),

dated August 5, 1994, in order to assure

the continued airworthiness of these

airplanes in the Netherlands.

This airplane model is manufactured

in the Netherlands and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the RLD has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the RLD,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

a one-time operational test of the No. 1

pitot heating system, and repair or

replacement of failed elements. This AD

also would require modification of

certain electrical wiring, replacement of

the pitot head with a new pitot head,

and replacement of the single DC

current-sensing relay with two new DC

current sensing relays. Certain actions

would be required to be accomplished

in accordance with the service bulletin

described previously. Repair or

replacement of any failed elements

would be required to be accomplished

in accordance with the Aircraft

Maintenance Manual.

(For airplanes equipped with a Flight

Warning System (FWS) speed

comparator, data from ADC #1 is

compared to data from ADC #2

throughout the flight envelope. For

airplanes not equipped with a FWS

speed comparator, data from ADC #1 is

only compared to data from ADC #2

during autoland and redundant

operation of AFCAS. Since airplanes not

equipped with a speed comparator have

a greater exposure to a hazardous

condition, a shorter compliance time is

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 notice to clarify

this long-standing requirement.

The FAA estimates that 119 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 29 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $4,800 per

airplane. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$778,260, or $6,540 per airplane.

The total cost impact figure discussed

above is based on assumptions that no
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules 19385

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Fokker: Docket 95–NM–29–AD.

Applicability: Model F28 Mark 0100 series

airplanes, as listed in Fokker Service Bulletin

SBF100–30–015, Revision 2, dated January

25, 1995; 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 (c) 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 icing of the No. 1 pitot tube,

which could cause failure of the No. 1 Air

Data Computer (ADC) or output of erroneous

airspeed data to all on-side subsidiary

systems including the Automatic Flight

Control and Augmentation System (AFCAS),

accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform an operational test of the

No. 1 pitot heating system, in accordance

with Part 1 of the Accomplishment

Instructions of Fokker Service Bulletin

SBF100–30–015, Revision 2, dated January

25, 1995.

(1) If the pitot heating system passes the

operational test, accomplish the requirements

of either paragraph (b)(1) or (b)(2) of this AD,

as applicable, at the times specified.

(2) If any pitot tube heating element is

found to be inoperative, prior to further

flight, repair or replace the failed element

with a serviceable element, in accordance

with Fokker 100 Aircraft Maintenance

Manual (AMM).

(b) Replace the pitot head with a new pitot

head, replace the single DC current-sensing

relay with two new DC current sensing

relays, and modify the electrical wiring, in

accordance with Part 2 or 3, as applicable, of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–30–015, Revision 2,

dated January 25, 1995. Perform these actions

at the time specified in either paragraph

(b)(1) or (b)(2) of this AD, as applicable.

(1) For airplanes that are not equipped

with an Flight Warning System (FWS) speed

comparator: Within 12 months or the next

3,000 hours time-in-service after the effective

date of this AD, whichever occurs first. Or

(2) For airplanes that are equipped with an

FWS speed comparator: Within 24 months or

the next 6,000 hours time-in-service after the

effective date of this AD, whichever occurs

first.

(c) 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

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.

(d) 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.

Issued in Renton, Washington, on April 12,

1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–9470 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–13–U

UNITED STATES INFORMATION

AGENCY

22 CFR Part 502

[Rulemaking No. 201]

Educational, Scientific, and Cultural

Material; World-Wide Free Flow

(Export-Import) of Audio-Visual

Materials

AGENCY: United States Information

Agency.

ACTION: Proposed rule with request for

comments.

SUMMARY: This proposed rule would

amend existing regulations governing

the United States Information Agency’s

administration of the Agreement for

Facilitating the International Circulation

of Visual and Auditory Materials of an

Educational, Scientific and Cultural

Character, of 1948, by permitting the

issuance of serial certifications in

certain circumstances. The amendment

is needed to reinstate to the regulations

a provision omitted in a previous

revision of the regulations. The

amendment will formalize the practice,

long followed informally, of allowing

for certification of time sensitive

materials in serial format, thus

facilitating the free flow of eligible

materials.

DATES: Written comments on this

proposed rule will be accepted through

or until May 18, 1995 and must be

submitted in duplicate. Late-filled

comments will be considered to the

extent practicable.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to Neila Sheahan, Assistant

General Counsel, Office of the General

Counsel, Room 700, United States

Information Agency, 301 4th Street SW.,

Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT:

Neila Sheahan, Assistant General

Counsel, Office of the General Counsel,