Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27251

are in the form of uniform assessments

on all handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. Therefore, the AMS

has determined that this rule will not

have a significant economic impact on

a substantial number of small entities.

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee will continue to meet prior

to or during each fiscal period to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 1996–97 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

After consideration of all relevant

material presented, including the

information and recommendation

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 prior to putting

this rule into effect, because: (1) the

Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

1996–97 fiscal period begins on July 1,

1996, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

onions handled during such fiscal

period; (3) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (4) this interim final rule

provides a 30-day comment period, and

all comments timely received will be

considered prior to finalization of this

rule.

List of Subjects in 7 CFR Part 958

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 958 is amended as

follows:

PART 958—ONIONS GROWN IN

CERTAIN DESIGNATED COUNTIES IN

IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 958 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new subpart—Assessment Rates

and a new § 958.240 are added to read

as follows:

Note: This section will appear in the Code

of Federal Regulations.

Subpart—Assessment Rates

§ 958.240 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.10 per

hundredweight is established for IdahoEastern Oregon onions.

Dated: May 22, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–13618 Filed 5–30–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–98–AD; Amendment

39–9638; AD 96–11–13]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–80 Series

Airplanes and Model MD–88 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain McDonnell

Douglas Model DC–9–80 series

airplanes and Model MD–88 airplanes.

This action requires a visual inspection

to determine the type of fluorescent

light ballasts installed in the cabin

sidewall; and installation of a protective

cover, replacement, or removal/

disconnection, if necessary. This action

also requires removal of the dust

barriers from the outboard ceiling

panels, and installation of modified

outboard ceiling panels. This

amendment is prompted by reports of

smoke, fumes, and/or electrical fire

emitting from the baggage bin of the aft

passenger compartment and from the

dust barriers of the outboard ceiling due

to the failure of the fluorescent light

ballasts. The actions specified in this

AD are intended to prevent a fire in the

passenger compartment, which could

result from failure of the fluorescent

light ballast of the upper and lower

cabin sidewall, and subsequent failure

of the dust barriers of the outboard

ceiling panel.

DATES: Effective June 17, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 17,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

July 30, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

98–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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

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.

FOR FURTHER INFORMATION CONTACT: J.

Kirk Baker, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (310) 627–5345; fax (310)

627–5210.

SUPPLEMENTARY INFORMATION: The FAA

has received two reports of smoke,

fumes, and/or electrical fire emitting

from the baggage bin of the aft passenger

compartment and from the dust barriers

of the outboard ceiling panel on

McDonnell Douglas Model DC–9–82

(MD–82) series airplanes. Investigation

revealed that the existing design of the
27252 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

light ballast assembly allows moisture

condensation to ingress into the ballast

case during altitude changes. The effects

of such moisture subsequently

contaminate the printed circuit card,

which could result in a short circuit that

ruptures the ballast casing and emits

fire. In addition, investigation revealed

that the failed light ballast assembly

generated enough heat to ignite the dust

barriers of the outboard ceiling panel;

these barriers are flammable and have

the potential to spread a fire to adjacent

interior components. These conditions,

if not corrected, could result in a fire in

the passenger compartment.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Alert Service

Bulletin MD80–33A107, dated April 25,

1996, which describes the following

procedures:

1. Performing a one-time visual

inspection to determine the type of

fluorescent light ballasts installed in the

upper and lower cabin sidewall; and

2. Installing a protective cover on any

Day-Ray Products Incorporated ballast,

or replacing any Day-Ray Products

Incorporated ballast with a Bruce

Industries Incorporated ballast.

Accomplishment of these actions will

minimize the possibility of failure of the

ballasts due to uncontained smoke and

flame.

The FAA has also reviewed and

approved McDonnell Douglas Alert

Service Bulletin MD80–25A353, dated

March 14, 1996, which describes

procedures for removal of the dust

barriers from the outboard ceiling

panels, and installation of modified

outboard ceiling panels.

Accomplishment of this removal and

installation will minimize the

possibility of smoke or fire spreading

into the cabin.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other McDonnell Douglas

Model DC–9–80 series airplanes and

Model MD–88 airplanes of the same

type design, this AD is being issued to

prevent a fire in the passenger

compartment, which could result from

the failure of the fluorescent light ballast

of the upper and lower cabin sidewall,

and the subsequent failure of the dust

barriers of the outboard ceiling panel.

This AD requires a one-time visual

inspection to determine the type of

fluorescent light ballasts installed in the

upper and lower cabin sidewall. For

airplanes on which any Day-Ray

Products Incorporated ballast is

installed, this AD also requires

accomplishment of one of the following

actions:

—Installation of a protective cover on

the ballast; or

—Replacement of that ballast with a

Bruce Industries Incorporated ballast.

Additionally, for some airplanes, this

AD requires removal of the dust barriers

from the outboard ceiling panels, and

installation of modified outboard ceiling

panels. The actions are required to be

accomplished in accordance with the

alert service bulletins described

previously.

Operators should note that, in

addition to the recommendations of

McDonnell Douglas Alert Service

Bulletin MD80–33A107, this AD

provides an additional option for

airplanes on which any Day-Ray

Products Incorporated ballast is

installed that involves removal or

electrical disconnection of the ballast,

stowage of the ballast, and protection of

the loose wiring. The FAA finds that

accomplishment of these actions will

eliminate the identified unsafe

condition for those airplanes.

In addition, the FAA is aware that

parts availability may become a problem

in the future. However, under the

provisions of paragraph (d) 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.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

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 96–NM–98–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

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.
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27253

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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–13 McDonnell Douglas: Amendment

39–9638. Docket 96–NM–98–AD.

Applicability: Model DC–9–81 (MD–81),

DC–9–82 (MD–82), DC–9–83 (MD–83), and

DC–9–87 (MD–87) and Model MD–88

airplanes; as listed in McDonnell Douglas

Alert Service Bulletin MD80–33A107, dated

April 25, 1996; and McDonnell Douglas Alert

Service Bulletin MD80–25A353, dated March

14, 1996; 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 (d) 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 failure of the fluorescent light

ballast of the upper and lower cabin sidewall,

and subsequent failure of the dust barriers of

the outboard ceiling panel, which could

result in a fire in the passenger compartment,

accomplish the following:

(a) For all airplanes: Within 90 days after

the effective date of this AD, perform a onetime visual inspection to determine the type

of fluorescent light ballasts installed in the

upper and lower cabin sidewall, in

accordance with McDonnell Douglas Alert

Service Bulletin MD80–33A107, dated April

25, 1996.

(1) If any Bruce Industries Incorporated

ballast is installed (specified as Condition 1

in the alert service bulletin), no further action

is required by this paragraph for that ballast.

(2) If any Day-Ray Products Incorporated

ballast is installed (specified as Condition 2

in the alert service bulletin), prior to further

flight, accomplish either paragraph (a)(2)(i),

(a)(2)(ii), or (a)(2)(iii) of this AD.

(i) Install a protective cover on the ballast

in accordance with Condition 2, Option 1, of

the alert service bulletin. Or

(ii) Replace it with a Bruce Industries

Incorporated ballast, in accordance with

Condition 2, Option 2, of the alert service

bulletin. Or

(iii) Remove or disconnect it electrically,

stow it, and protect the loose wiring.

(b) For airplanes having manufacturer’s

fuselage numbers listed in McDonnell

Douglas Alert Service Bulletin MD80–

25A353, dated March 14, 1996: Within 90

days after the effective date of this AD,

remove the dust barriers from the outboard

ceiling panels, and install modified outboard

ceiling panels, in accordance with

McDonnell Douglas Alert Service Bulletin

MD80–25A353, dated March 14, 1996.

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

Day-Ray Products Incorporated ballast,

having any part number identified in

paragraph 1.2. of McDonnell Douglas Alert

Service Bulletin MD80–33A107, dated April

25, 1996, shall be installed on any airplane

unless that ballast has been modified in

accordance with that alert service bulletin.

(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, 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.

(e) 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.

(f) The inspection and replacement shall be

done in accordance with McDonnell Douglas

Alert Service Bulletin MD80–33A107, dated

April 25, 1996. The removal of the dust

barriers and installations shall be done in

accordance with McDonnell Douglas Alert

Service Bulletin MD80–25A353, dated March

14, 1996. 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.

(g) This amendment becomes effective on

June 17, 1996.

Issued in Renton, Washington, on May 22,

1996.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13495 Filed 5–30–96; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–102–AD; Amendment

39–9639; AD 96–11–14]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Saab Model SAAB

2000 series airplanes. This action

requires inspections to detect cracking

of the lower rib of the rudder, and

repair, if necessary. This action also

provides for an optional terminating

action, which, if accomplished,

terminates the repetitive inspection

requirement. This amendment is

prompted by reports of fatigue cracking

of the lower rib of the rudder. The

actions specified in this AD are

intended to prevent such fatigue

cracking and subsequent failure of the

primary structure of the rudder, which

could result in reduced controllability

of the airplane.

DATES: Effective June 17, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 17,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

July 30, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

102–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from SAAB