Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations 25557

regulatory burdens imposed by this rule

which require special preparations of

importers.

List of Subjects in 7 CFR Part 980

Food grades and standards, Imports,

Marketing agreements, Onions, Potatoes,

Tomatoes.

For the reasons set forth in the

preamble, 7 CFR part 980 is hereby

amended as follows:

PART 980—VEGETABLES; IMPORT

REGULATIONS

1. The authority citation for 7 CFR

part 980 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 980.117 [Amended]

2. In § 980.117, paragraph (a)(2) is

amended by removing ‘‘June 16’’ and

adding in its place ‘‘June 5’’ and by

removing ‘‘June 15’’ and adding in its

place ‘‘June 4’’; paragraph (b)(1) is

amended by removing ‘‘June 16’’ and

adding in its place ‘‘June 5’’; and

paragraph (b)(2) is amended by

removing ‘‘June 15’’ and adding in its

place ‘‘June 4.’’

Dated: May 14, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–12836 Filed 5–21–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–185–AD; Amendment

39–9629; AD 96–11–04]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9 and Model DC–9–

80 Series Airplanes, Model MD–88

Airplanes, and C–9 (Military) Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–9 and Model DC–9–

80 series airplanes, Model MD–88

airplanes, and C–9 (military) series

airplanes, that requires modification of

the slant panel insulation blankets on

the slant pressure panel of the main

landing gear. The amendment also

requires a visual inspection to detect

discrepancies of the left and right seal

assemblies of the overwing emergency

exit door, and replacement of any

discrepant door seal. This amendment is

prompted by a report that the flaps and

landing gear did not extend or retract

properly due to water accumulation in

the slant pressure panel area. The

actions specified by this AD are

intended to prevent such water

accumulation, which could result in the

failure of the flaps or landing gear to

properly extend or retract.

DATES: Effective June 26, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 26,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from McDonnell Douglas Corporation,

3855 Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department C1–L51 (2–60). 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 FAA, Los

Angeles Aircraft Certification Office,

Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Brent Bandley, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5237; fax (310) 627–5210.

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 McDonnell

Douglas Model DC–9 and Model DC–9–

80 series airplanes, Model MD–88

airplanes, and C–9 (military) series

airplanes was published in the Federal

Register on January 31, 1996 (61 FR

3341). That action proposed to require

modification of the slant panel

insulation blankets on the slant pressure

panel of the main landing gear. That

action also proposed to require a visual

inspection to detect discrepancies of the

left and right seal assemblies of the

overwing emergency exit door, and

replacement of the discrepant door seal.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

Two commenters support the

proposed rule.

Requests to Extend the Compliance

Time

Several commenters request that the

compliance time for accomplishment of

the modification be extended from the

proposed 24 months. These commenters

request an extension to as much as 36

months, which will allow the

modification to be accomplished during

a regularly scheduled heavy

maintenance check when the airplanes

are brought to main base for an

extended hold. Two of these

commenters state that they would have

to special schedule their fleet in order

to accomplish the modification within

the proposed compliance time; this

would entail considerable additional

expenses.

After consideration of all the available

information, the FAA cannot conclude

that an extension of the proposed

compliance time is warranted. In

developing an appropriate compliance

time for this action, the FAA considered

not only the degree of urgency

associated with addressing the subject

unsafe condition, but the availability of

required parts and the practical aspect

of accomplishing the required

modification within an interval of time

that parallels normal scheduled

maintenance for the majority of affected

operators. Further, the proposed

compliance time of 24 months was

arrived at initially with the concurrence

of affected operators, the manufacturer,

and the FAA. In light of this, and in

consideration of the amount of time that

has already elapsed since issuance of

the original notice, the FAA has

determined that further delay of

accomplishment of the requirements of

this final rule is not appropriate.

However, under the provisions of

paragraph (b) of the final rule, the FAA

may approve requests for adjustments to

the compliance time if data are

submitted to substantiate that such an

adjustment would provide an acceptable

level of safety.

Conclusion

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 as proposed.

Cost Impact

There are approximately 1,500

McDonnell Douglas Model DC–9 and

Model DC–9–80 series airplanes, Model

MD–88 airplanes, and C–9 (military)

series airplanes of the affected design in
25558 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

the worldwide fleet. The FAA estimates

that 1,000 airplanes of U.S. registry will

be affected by this AD, that it will take

approximately 8 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 cost impact of the AD on

U.S. operators is estimated to be

$480,000, or $480 per airplane.

The 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.

Regulatory Impact

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–04 McDonnell Douglas: Amendment

39–9629. Docket 95–NM–185–AD.

Applicability: Model DC–9–10, –20, –30,

–40, and –50 series airplanes; Model DC–9–

81 (MD–81), –82 (MD–82), –83 (MD–83), –87

(MD–87) series airplanes; Model MD–88

airplanes; and C–9 (military) series airplanes;

as listed in McDonnell Douglas Service

Bulletin DC9–53–268, dated August 11, 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

otherwise 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 request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent water accumulation in the slant

pressure panel area, which could result in

the failure of the flaps or landing gear to

properly extend or retract, accomplish the

following:

(a) Within 24 months after the effective

date of this AD, accomplish paragraphs (a)(1)

and (a)(2) of this AD, in accordance with

McDonnell Douglas Service Bulletin DC9–

53–268, dated August 11, 1995.

(1) Modify the slant panel insulation

blankets on the slant pressure panel of the

main landing gear.

(2) Perform a visual inspection to detect

discrepancies (i.e., defects and constant gap)

of the left and right seal assemblies of the

overwing emergency exit door. If any

discrepancy is detected, prior to further

flight, replace door seal 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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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 modification, inspection, and

replacement shall be done in accordance

with McDonnell Douglas Service Bulletin

DC9–53–268, dated August 11, 1995. 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

McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1–

L51 (2–60). Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

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

the FAA, Los Angeles Aircraft Certification

Office, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

June 26, 1996.

Issued in Renton, Washington, on May 14,

1996.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–12600 Filed 5–21–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–162–AD; Amendment

39–9628; AD 96–11–03]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–200, –300, and –400 Series

Airplanes Equipped With General

Electric Model CF6–80C2 PMC and

CF6–80C2 FADEC Engines, and Pratt &

Whitney Model PW4000 Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 747–

200, –300, and –400 series airplanes,

that currently requires inspection of

each fuel feed line of the outboard

engine in the engine strut to determine

if interference with an adjacent

pneumatic duct clamp has caused

damage, and repair or replacement of

the fuel feed tube, if necessary. That AD

also currently requires inspection and

replacement of the adjacent pneumatic

duct clamp with a non-rotating type

clamp, if necessary. This amendment

requires modification of the upper gap

area of the strut of the number 1 and 4

engines. This amendment is prompted

by a report of fuel leakage in the strut

of the number 4 engine due to a high

profile clamp that chafed the fuel line.

The actions specified by this AD are

intended to prevent chafing of the fuel

line in the strut of the number 1 and 4