33646 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

postponing indefinitely the original July

1, 1996, effective date for the Order

provisions and the Rules and

Regulations concerning the collection

and remittance of assessments. Also, the

Department plans to conduct a second

nationwide referendum among eligible

producers, feeders, and importers on a

date to be announced.

It is also found and determined upon

good cause that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice or to

engage in further public procedure prior

to putting this action into effect, and

that good cause exists for not

postponing the effective date of this

action until 30 days after publication,

because: (1) producers, feeders,

importers of sheep and sheep products,

and other collecting persons are aware

of this action because it was announced

in a press release issued by the

Secretary on May 17, 1996; (2) this

action postpones the imposition of

regulatory requirements on producers,

feeders, and importers by suspending

the provisions of the Order and the

certification and nomination

procedures, and by postponing

indefinitely the effective date for the

Order provisions and the Rules and

Regulations for the collection and

remittance of assessments; and (3) no

useful purpose would be served by

delaying this action.

Therefore, (1) the effective date of July

1, 1996, for the Rules and Regulations

governing the assessment collection and

remittance procedures, published on

May 9, 1996, at 61 FR 21053, and for

§ 1280.224–§ 1280.228 of the Order

published on May 2, 1996, at 61 FR

19514, is postponed indefinitely, and (2)

all sections of the Order, except

§ 1280.224–§ 1280.228, published on

May 2, 1996, at 61 FR 19514, and all

sections of the Certification and

Nomination Regulations published on

May 9, 1996, at 61 FR 21049 are being

suspended indefinitely.

List of Subjects in 7 CFR Part 1280

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements, Sheep

and sheep products, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR Part 1280 is amended

as follows:

PART 1280—SHEEP PROMOTION,

RESEARCH, AND INFORMATION

1. The authority citation for Part 1280

continues to read as follows:

Authority: 7 U.S.C. 7101–7111.

2. In part 1280:

(A) The effective date of July 1, 1996

for § § 1280.224 through 1280.228 in

Subpart A, is postponed indefinitely,

and in Subpart A, § 1280.101 through

§ 1280.126, § § 1280.201 through

1280.223, § § 1280.229 through 1280.235

and § § 1280.240 through 1280.246, is

suspended indefinitely;

(B) The effective date of July 1, 1996

for Subpart B, § § 1280.301 through

1280.318, is postponed indefinitely; and

(C) Subpart C, § § 1280.400 through

1280.414, is suspended indefinitely.

Dated: June 25, 1996.

James R. Baker,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 96–16578 Filed 6–27–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–159–AD; Amendment

39–9678; AD 96–13–10]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Model 4101 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Jetstream Model

4101 airplanes, that requires

modification of the existing diaphragms

on the surround structure of the Type II

emergency exit. This amendment is

prompted by a report indicating that,

during fatigue tests on a Model 4101 test

article, fatigue-related cracking was

found in the surround structure of a

Type II emergency exit. The actions

specified by this AD are intended to

prevent such cracking in the surround

structure, which could result in reduced

structural integrity of the fuselage

pressure vessel.

DATES: Effective August 2, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 2,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from A.I.R. American Support, Inc.,

13850 McLaren Road, Herndon, Virginia

22071. 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:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2141; fax (206) 227–1149.

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 Jetstream

Model 4101 airplanes was published in

the Federal Register on January 19,

1996 (61 FR 1300). That action proposed

to require modification of the existing

diaphragms on the surround structure of

the Type II emergency exit.

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

One commenter supports the

proposal.

Request to Revise Applicability of

Proposal

One commenter requests that the

applicability of the proposed rule be

revised to eliminate airplanes on which

the modification of the surround

structure was accomplished during

production.

The FAA concurs. Since issuance of

the notice, Jetstream has issued Revision

1 of Service Bulletin J41–53–014, dated

February 9, 1996. In its technical

content, this revision is essentially

identical to the original issue (which

was referenced in the notice as the

appropriate source for service

information). However, the effectivity

listing of Revision 1 specifies only those

airplanes on which the modification

was not accomplished during

production. Those airplanes have serial

numbers 41004 through 41044,

inclusive; the modification was

installed during production on airplanes

beginning with serial number 41045.

Accordingly, the FAA has revised the

final rule to make it applicable only to

airplanes having serial numbers 41004

through 41044, inclusive. Additionally,

the FAA has revised the final rule to

reference Revision 1 of the Jetstream

service bulletin as an additional source

of service information.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33647

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 with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 41 Jetstream

Model 4101 airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 19 airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 35 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 cost impact

of the AD on U.S. operators is estimated

to be $39,900, or $2,100 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. However, the FAA

has been advised that at least 5

airplanes of U.S. registry already have

been modified; therefore, the future cost

impact of this AD is reduced by at least

$10,500.

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–13–10 Jetstream Aircraft Limited:

Amendment 39–9678. Docket 95–NM–

159–AD.

Applicability: Model 4101 airplanes;

having serial numbers 41004 through 41044,

inclusive; 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 use the authority

provided in paragraph (b) of this AD 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 fatigue-related cracking in the

surround structure of the Type II emergency

exit, which could result in reduced structural

integrity of the fuselage pressure vessel,

accomplish the following:

(a) Prior to the accumulation of 7,200 total

landings, or within 1,400 landings after the

effective date of this AD, whichever occurs

later, modify the existing diaphragms on the

surround structure of the Type II emergency

exit in accordance with Jetstream Service

Bulletin J41–53–014, dated July 24, 1995; or

Revision 1, dated February 9, 1996.

(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,

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 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 shall be done in

accordance with Jetstream Service Bulletin

J41–53–014, dated July 24, 1995; or Jetstream

Service Bulletin J41–53–014, Revision 1,

dated February 9, 1996, which contains the

following list of effective pages:

Page No.

Revision

level

shown on

page

Date shown on

page

1, 3 ............... 1 .............. Feb. 9, 1996.

2, 4–13 ......... Original .... July 24, 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 A.I.R. American Support, Inc., 13850

McLaren Road, Herndon, Virginia 22071.

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

August 2, 1996.

Issued in Renton, Washington, on June 17,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–15956 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 96–NM–129–AD; Amendment

39–9677; AD 96–13–09]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Model 4101 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 all Jetstream Model 4101