This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

49619 

Vol. 73, No. 164 

Friday, August 22, 2008 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Docket No. AMS–FV–08–0058; FV08–915– 

2] 

Avocados Grown in South Florida; 

Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible Florida avocados growers to 

determine whether they favor 

continuance of the marketing order 

regulating the handling of avocados 

grown in South Florida. 

DATES: The referendum will be 

conducted from September 22 to 

October 6, 2008. To vote in this 

referendum, growers must have been 

producing Florida avocados within the 

designated production area during the 

period April 1, 2007, through March 31, 

2008. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Division, 

AMS, U.S. Department of Agriculture, 

799 Overlook Dr. Suite A, Winter 

Haven, FL 33884–1671, or the Office of 

the Docket Clerk, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: 

William G. Pimental, Marketing 

Specialist, or Christian D. Nissen, 

Regional Manager, Southeast Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (863) 324–3375, Fax: (863) 

325–8793 or E-mail: 

William.Pimental@usda.gov or 

Christian.Nissen@usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 915 (7 CFR part 

915), hereinafter referred to as the 

‘‘order,’’ and the applicable provisions 

of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act,’’ it is hereby directed that 

a referendum be conducted to ascertain 

whether continuance of the order is 

favored by growers. The referendum 

shall be conducted from September 22 

to October 6, 2008, among eligible 

Florida avocado growers in the 

production area. Only growers that were 

engaged in the production of Florida 

avocados during the period of April 1, 

2007, to March 31, 2008, may 

participate in the continuance 

referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor the continuation of marketing 

order programs. USDA would consider 

termination of the order if less than twothirds of the growers voting in the 

referendum, and growers of less than 

two-thirds of the volume of Florida 

avocados represented in the referendum 

favor continuance of their program. In 

evaluating the merits of continuance 

versus termination, USDA will consider 

the results of the continuance 

referendum and other relevant 

information regarding operation of the 

order. USDA will evaluate the order’s 

relative benefits and disadvantages to 

growers, handlers, and consumers to 

determine whether continuing the order 

would tend to effectuate the declared 

policy of the Act. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the ballot materials used in 

the referendum herein ordered, have 

been approved by the Office of 

Management and Budget (OMB), under 

OMB No. 0581–0189, OMB Generic 

Fruit Crops. It has been estimated that 

it will take an average of 5 minutes for 

each of the approximately 300 

production area growers of Florida 

avocados to cast a ballot. Participation 

is voluntary. Ballots postmarked after 

October 6, 2008, will not be included in 

the vote tabulation. 

Christian D. Nissen and William G. 

Pimental of the Southeast Marketing 

Field Office, Fruit and Vegetable 

Programs, AMS, USDA, are hereby 

designated as the referendum agents of 

the Secretary of Agriculture to conduct 

this referendum. The procedure 

applicable to the referendum shall be 

the ‘‘Procedure for the Conduct of 

Referenda in Connection With 

Marketing Orders for Fruits, Vegetables, 

and Nuts Pursuant to the Agricultural 

Marketing Agreement Act of 1937, as 

Amended’’ (7 CFR 900.400 et seq.). 

Ballots will be mailed to all growers 

of record and may also be obtained from 

the referendum agents, or from their 

appointees. 

List of Subjects in 7 CFR Part 915 

Avocados, Reporting and 

recordkeeping requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: August 18, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–19467 Filed 8–21–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0752; Directorate 

Identifier 2008–NE–22–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Canada (P&WC) JT15D–5; 

–5B; –5F; and –5R Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as follows: 

There have been several reported incidents 

of high altitude, dual engine flameout on 

JT15D–5 engines powered aircraft operating 

in certain meteorological conditions. 

Subsequent to the investigation of incidents, 


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49620 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 

review of the engine design has revealed that 

the Fuel Control Hydro Mechanical Unit 

(HMU) P3 servo can be exposed to excessive 

moisture and freezing. 

We are proposing this AD to prevent 

engine flameout, and possible dualengine flameout events, caused by 

excessive moisture and freezing in the 

P3 servo, during certain flight 

conditions. 

DATES: We must receive comments on 

this proposed AD by September 22, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Ian 

Dargin, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park; Burlington, MA 01803; 

e-mail: ian.dargin@faa.gov; telephone 

(781) 238–7178; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0752; Directorate Identifier 

2008–NE–22–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Canadian AD CF–2008–23, dated 

June 27, 2008 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states the following: 

There have been several reported incidents 

of high altitude, dual engine flameout on 

JT15D–5 engine powered aircraft operating in 

certain meteorological conditions. 

Subsequent to the investigation of incidents, 

review of the engine design has revealed that 

the Fuel Control HMU P3 servo can be 

exposed to excessive moisture and freezing. 

To preclude P3 servo freezing, P&WC has 

issued JT15D ASB No. JT15D–72–A7611 to 

re-route compressor delivery air to the HMU 

and improve moisture separation. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

P&WC has issued ASB No. JT15D–72–

A7611, Revision 1, dated June 16, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of Canada, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Canada, they have 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

proposing this AD because we evaluated 

all the information provided by Canada 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other products of the same type 

design. This proposed AD requires 

replacing the compressor air to HMU 

delivery tube with a new, re-routed 

tube. The new tube provides warmer 

and dryer P3 air, improves moisture 

separation, and directs the moisture 

away from the HMU through a drain 

hole. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 1,500 products of U.S. 

registry. We also estimate that it would 

take about 3 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $1,981 

per product for JT15D–5 and –5R 

engines, and $3,169 per product for 

JT15D–5B and –5R engines. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$4,222,500. Our cost estimate is 

exclusive of possible warranty coverage. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect 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. 

For the reasons discussed above, I 

certify 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. Will not have a significant 

economic impact, positive or negative, 


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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 49621 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new AD: 

Pratt & Whitney Canada: Docket No. FAA–

2008–0752; Directorate Identifier 2008–

NE–22–AD. 

Comments Due Date 

(a) We must receive comments by 

September 22, 2008. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to the following Pratt 

& Whitney Canada (P&WC) turbofan engines 

with compressor air to HMU delivery tube, 

part number (P/N) 3119150–01 installed: 

(1) JT15D–5 turbofan engines, serial 

numbers (SNs) below and including SN PCE–

100411. 

(2) JT15D–5 turbofan engines, SNs below 

and including SN PCE–JA0818. 

(3) All JT15D–5B turbofan engines. 

(4) All JT15D–5F turbofan engines. 

(5) JT15D–5R turbofan engines SNs below 

and including SN PCE–JG0104. 

(6) All JT15D–5 turbofan engines converted 

to model JT15D–5R by incorporation of 

P&WC Service Bulletin No. 7605. 

These engines are installed on, but not 

limited to, Cessna models 500; 501; 550; 551; 

S550; 560; and 560 Ultra airplanes; 

Mitsubishi models 300 and 300–10 airplanes; 

and Hawker Beechcraft models 400; 400A; 

and 400T airplanes. 

Reason 

(d) Transport Canada AD CF–2008–23, 

dated June 27, 2008, states: 

There have been several reported incidents 

of high altitude, dual engine flameout on 

JT15D–5 engines powered aircraft operating 

in certain meteorological conditions. 

Subsequent to the investigation of incidents, 

review of the engine design has revealed that 

the Fuel Control Hydro Mechanical Unit 

(HMU) P3 servo can be exposed to excessive 

moisture and freezing. To preclude P3 servo 

freezing, P&WC has issued JT15D Alert 

Service Bulletin (ASB) JT15D–72–A7611 to 

re-route compressor delivery air to the HMU 

and improve moisture separation. 

Considering the potentially hazardous 

consequence of possible in-flight dual engine 

flameout, this airworthiness directive is 

issued to mandate the incorporation of P&WC 

ASB JT15D–72–A7611 to the affected JT15D–

5 engines, in order to minimize the 

possibility of this hazard. 

We are issuing this AD to prevent engine 

flameout, and possible dual-engine flameout 

events, caused by excessive moisture and 

freezing in the P3 servo, during certain flight 

conditions. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) Within 200 flight hours after the 

effective date of this AD or by December 31, 

2008, whichever occurs first, remove from 

service compressor air to HMU delivery tube, 

P/N 3119150–01. 

(2) Install a serviceable compressor air to 

HMU delivery tube. 

(3) Tube installation in accordance with 

P&WC Alert Service Bulletin (ASB) No. 

JT15D–72–A7611, Revision 1, dated June 16, 

2008, meets the requirements of this AD. 

Prohibition of Compressor Air to HMU 

Delivery Tube, P/N 3119150–01 

(4) After the effective date of this AD, do 

not install any compressor air to HMU 

delivery tube, P/N 3119150–01, onto any 

engine. 

Definition 

(f) For the purpose of this AD, a serviceable 

compressor air to HMU delivery tube is a 

compressor air to HMU delivery tube that is 

other than the old/removed tube part number 

listed in this AD. 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Previous Credit 

(h) Replacement of the compressor air to 

HMU delivery tube using P&WC ASB No. 

JT15D–72–A7611, dated March 26, 2008, 

before the effective date of this AD, meets the 

requirements of this AD. 

Related Information 

(i) Refer to Transport Canada AD CF–2008–

23, dated June 27, 2008, for related 

information. 

(j) Contact Ian Dargin, Aerospace Engineer, 

Engine Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park; Burlington, MA 01803; email: ian.dargin@faa.gov; telephone (781) 

238–7178; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

August 15, 2008. 

Robert G. Mann, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–19390 Filed 8–21–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Parts 4, 531, 553, 778, 779, 780, 

785, 786, and 790 

RIN 1215–AB13 

Updating Regulations Issued Under 

the Fair Labor Standards Act 

AGENCY: Wage and Hour Division, 

Employment Standards Administration, 

Department of Labor. 

ACTION: Extension of comment period on 

proposed regulations. 

SUMMARY: This document extends the 

period for filing written comments for 

an additional 15 days on proposed 

revisions to regulations issued under the 

Fair Labor Standards Act of 1938 

(FLSA) and the Portal-to-Portal Act of 

1947 (Portal Act) that have become out 

of date because of subsequent legislation 

or court decisions. The Department of 

Labor is taking this action in order to 

provide interested parties additional 

time to submit comments. 

DATES: Comments must be received on 

or before September 26, 2008. 

ADDRESSES: You may submit comments, 

identified by RIN 1215–AB13, by either 

one of the following methods: 

• Electronic comments, through the 

federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Wage and Hour Division, 

Employment Standards Administration, 

U.S. Department of Labor, Room S–

3502, 200 Constitution Avenue, NW., 

Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name and Regulatory 

Information Number (RIN) identified 

above for this rulemaking. Comments 

received will be posted to http:// 

www.regulations.gov, including any 

personal information provided. Because 

we continue to experience delays in 

receiving mail in the Washington, DC, 

area, commenters are strongly 

encouraged to transmit their comments 

electronically via the federal 

eRulemaking Portal at http:// 

www.regulations.gov or to submit them 


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