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57998 Federal Register / Vol. 70, No.

192 / Wednesday, October 5, 2005 / Rules and Regulations

2005. Therefore, this action will Any comments received will be DEPARTMENT OF TRANSPORTATION
continue the suspension of regulations considered prior to finalization of this
indefinitely as USDA evaluates the rule. Federal Aviation Administration
Committee’s recommendation to After consideration of all relevant
terminate the order. material presented, including the 14 CFR Part 39
This action also suspends the one Committee’s recommendation, and
remaining reporting requirement under [Docket No. FAA–2005–22585; Directorate
other information, it is found that the Identifier 2005–NM–041–AD; Amendment
the order regarding planted acreage.
regulations suspended by this interim 39–14328; AD 2005–20–31]
Because the industry has continued to
final rule, as hereinafter set forth, no
decline, the Committee believes there is
longer tend to effectuate the declared RIN 2120–AA64
no need to incur any costs or gather any
policy of the Act.
additional data. Airworthiness Directives; Honeywell
In accordance with the Paperwork Pursuant to 5 U.S.C. 553, it is also Flight Management System (FMS) One
Reduction Act of 1995 (44 U.S.C. found and determined upon good cause Million Word (1M or 700K) Data Bases
Chapter 35), the information collection that it is impracticable, unnecessary, (9104 Cycle or Earlier), as Installed in,
requirements being suspended by this and contrary to the public interest to but Not Limited to, McDonnell Douglas
rule were approved previously by the give preliminary notice prior to putting Model MD–11 and MD–11F Airplanes,
Office of Management and Budget this rule into effect and that good cause Boeing Model 747–400 Series
(OMB) and assigned OMB No. 0581– exists for not postponing the effective Airplanes, and Boeing Model 757 and
0178, Vegetable and Specialty Crops. date of this rule until 30 days after 767 Airplanes
Suspension of all the reporting publication in the Federal Register
requirements under the order is because: (1) The rule continues to AGENCY: Federal Aviation
expected to reduce the reporting burden suspend the handling, assessment Administration, DOT.
on small or large South Texas melon collection, reporting requirements, and ACTION: Final rule; rescission; request
handlers by 24.90 hours, and should related regulations for South Texas for comments.
further reduce industry expenses. melons indefinitely; (2) termination of
Handlers are no longer required to file the order was recommended by the SUMMARY: The FAA is rescinding an
any forms with the Committee. This rule Committee at an open public meeting existing airworthiness directive (AD)
will, thus, not impose any additional and all interested persons had an that applies to Honeywell FMS one
reporting or recordkeeping requirements opportunity to express their views and million word (1M or 700K) data bases
on either small or large melon handlers. provide input; (3) South Texas melon (9104 cycle or earlier) as installed in,
As with all Federal marketing order handlers are aware of this rule and need but not limited to McDonnell Douglas
programs, reports and forms are no additional time to comply with the Model MD–11 and MD–11F airplanes,
periodically reviewed to reduce relaxed requirements; and (4) this rule Boeing Model 747–400 series airplanes,
information requirements and provides a 30-day comment period and and Boeing Model 757 and 767
duplication by industry and public any comments received will be airplanes. That AD requires a revision to
sector agencies. considered prior to finalization of this the FAA-approved Airplane Flight
In addition, USDA has not identified rule. For these same reasons, a thirty- Manual (AFM) and installation of a
any relevant Federal rules that day comment period is deemed placard to prohibit the use of
duplicate, overlap or conflict with this appropriate for interested persons to Nondirectional Beacon (NDB)
rule. comment. approaches for landing. That AD was
Further, the Committee’s meeting was prompted by an anomaly in the
widely publicized throughout the melon List of Subjects in 7 CFR Part 979 Honeywell FMS one million word (1M
industry and all interested persons were or 700K) data bases (9104 cycle or
Marketing agreements, Melons,
invited to attend the meeting and earlier). We issued that AD to prevent
Reporting and recordkeeping
participate in Committee deliberations. an airplane deviating from the
requirements.
Like all Committee meetings, the published approach to the runway,
September 16, 2004, meeting and the ■ For the reasons set forth in the which could lead to premature ground
September 7, 2005 meeting were public preamble, 7 CFR part 979 is amended as contact before reaching the runway.
meetings and all entities, both large and follows: Since we issued that AD, we have
small, were able to express their views determined that the Honeywell FMS
on this issue. Finally, interested persons PART 979—MELONS GROWN IN one million word (1M or 700K)
are invited to submit information on the SOUTH TEXAS databases (9104 cycle or earlier) no
regulatory and informational impacts of longer exist on any of the affected
this action on small businesses. ■ 1. The authority citation for 7 CFR airplanes.
A small business guide on complying part 979 continues to read as follows:
with fruit, vegetable, and specialty crop DATES: This AD becomes effective
Authority: 7 U.S.C. 601–674.
marketing agreements and orders may October 5, 2005.
be viewed at: http://www.ams.usda.gov/ ■ 2. In part 979, §§ 979.106, 979.112, We must receive comments on this
fv/moab.html. Any questions about the 979.152, 979.155, 979.180, 979.219, and AD by December 5, 2005.
compliance guide should be sent to Jay 979.304 are suspended indefinitely in ADDRESSES: Use one of the following
Guerber at the previously mentioned their entirety effective October 6, 2005. addresses to submit comments on this
address in the FOR FURTHER INFORMATION rescission.
Dated: October 3, 2005.
CONTACT section. • DOT Docket Web site: Go to
This rule invites comments on Lloyd C. Day, http://dms.dot.gov and follow the
continued suspension of the handling, Administrator, Agricultural Marketing instructions for sending your comments
assessment collection, and all reporting Service. electronically.
regulations currently prescribed under [FR Doc. 05–20088 Filed 10–3–05; 12:38 pm] • Government-Wide Rulemaking Web
the South Texas melon marketing order. BILLING CODE 3410–02–P site: Go to http://www.regulations.gov

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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 57999

and follow the instructions for sending airplane and equipment manufacturers Authority for This Rulemaking
your comments electronically. that the Honeywell FMS one million
• Mail: Docket Management Facility; word (1M or 700K) databases (9104 Title 49 of the United States Code
U.S. Department of Transportation, 400 cycle or earlier) no longer exist on any specifies the FAA’s authority to issue
Seventh Street SW., Nassif Building, of the affected airplanes worldwide. rules on aviation safety. Subtitle I,
room PL–401, Washington, DC 20590. Section 106, describes the authority of
FAA’s Determination
• Fax: (202) 493–2251. the FAA Administrator. Subtitle VII,
• Hand Delivery: room PL–401 on the Upon further consideration, we have Aviation Programs, describes in more
plaza level of the Nassif Building, 400 determined that we need to rescind AD detail the scope of the Agency’s
Seventh Street SW., Washington, DC, 91–08–51 to eliminate an unnecessary authority.
between 9 a.m. and 5 p.m., Monday regulation. Operators may remove the We are issuing this rulemaking under
through Friday, except Federal holidays. AFM revision and the placard that the authority described in subtitle VII,
You can examine the contents of this prohibit the use of NDB approaches for part A, subpart III, section 44701,
AD docket on the Internet at http:// landing. ‘‘General requirements.’’ Under that
dms.dot.gov, or at the Docket Since this action rescinds a section, Congress charges the FAA with
Management Facility, U.S. Department requirement to perform an unnecessary
of Transportation, 400 Seventh Street, promoting safe flight of civil aircraft in
action, it has no adverse economic
SW., room PL–401, on the plaza level of air commerce by prescribing regulations
impact and imposes no additional
the Nassif Building, Washington, DC. for practices, methods, and procedures
burden on any person. Therefore,
the Administrator finds necessary for
FOR FURTHER INFORMATION CONTACT: providing notice and opportunity for
public comment is unnecessary before safety in air commerce. This regulation
George Mabuni, Aerospace Engineer,
Systems and Equipment Branch, ANM– this AD is issued, and this AD may be is within the scope of that authority
130L, FAA, Los Angeles Aircraft made effective in less than 30 days after because it addresses an unsafe condition
Certification Office, 3960 Paramount it is published in the Federal Register. that is likely to exist or develop on
Boulevard, Lakewood, California products identified in this rulemaking
Explanation of Change to Applicability action.
90712–4137; telephone (562) 627–5341;
fax (562) 627–5210. We have revised the applicability of Regulatory Impact
SUPPLEMENTARY INFORMATION: On May the existing AD to identify model
30, 1991, the FAA issued AD 91–08–51, designations as published in the most The regulations adopted herein will
amendment 39–7031 (56 FR 26610, June recent type certificate data sheet for the not have a substantial direct effect on
10, 1991) (originally issued on April 5, affected models. the States, on the relationship between
1991, as telegraphic AD T91–08–51). Comments Invited the national Government and the States,
That AD applies to certain McDonnell or on the distribution of power and
Douglas Model MD–11 airplanes, and Although this is a final rule that was responsibilities among the various
Boeing Model 747–400, 757, and 767 not preceded by notice and an levels of government. Therefore, it is
series airplanes. That AD requires a opportunity for public comment, we determined that this final rule does not
revision to the FAA-approved Airplane invite you to submit any written have federalism implications under
Flight Manual (AFM) and installation of relevant data, views, or arguments Executive Order 13132.
a placard to prohibit the use of regarding this AD. Send your comments
to an address listed under ADDRESSES. For the reasons discussed above, I
Nondirectional Beacon (NDB)
Include ‘‘Docket No. FAA–2005–22585; certify that this action (1) is not a
approaches for landing. That action was
Directorate Identifier 2005–NM–041– ‘‘significant regulatory action’’ under
prompted by an anomaly in the
AD’’ at the beginning of your comments. Executive Order 12866; (2) is not a
Honeywell Flight Management System
(FMS) one million word (1M or 700K) We specifically invite comments on the ‘‘significant rule’’ under DOT
data bases (9104 cycle or earlier). The overall regulatory, economic, Regulatory Policies and Procedures (44
actions required by that AD are environmental, and energy aspects of FR 11034, February 26, 1979); and (3)
intended to prevent an airplane the AD. We will consider all comments will not have a significant economic
deviating from the published approach received by the closing date and may impact, positive or negative, on a
to the runway, which could lead to amend the AD in light of those substantial number of small entities
premature ground contact before comments. under the criteria of the Regulatory
reaching the runway. We will post all comments we Flexibility Act. A final evaluation has
receive, without change, to http:// been prepared for this action and it is
Actions Since Previous AD Was Issued dms.dot.gov, including any personal contained in the Rules Docket. A copy
In February 2004, the FAA Office of information you provide. We will also of it may be obtained from the Rules
Rulemaking (ARM–20) asked the public post a report summarizing each Docket at the location provided under
to tell us which regulations we should substantive verbal contact with FAA the caption ADDRESSES.
amend, eliminate, or simplify. We personnel concerning this AD. Using the
received about 100 comments from search function of our docket web site, List of Subjects in 14 CFR Part 39
more than 30 commenters. One of the anyone can find and read the comments Air transportation, Aircraft, Aviation
comments was on AD 91–08–51. The in any of our dockets, including the safety, Safety.
commenter stated that the navigational name of the individual who sent the
databases are upgraded monthly and no comment (or signed the comment on The Rescission
flight crew will be using a 13-year-old behalf of an association, business, labor
navigational database today. union, etc.). You can review the DOT’s ■ Accordingly, according to the
We agree with the commenter that AD complete Privacy Act Statement in the authority delegated to me by the
91–08–51 is no longer necessary and Federal Register published on April 11, Administrator, the FAA proposes to
therefore we will rescind the AD. We 2000 (65 FR 19477–78), or you can visit amend part 39 of the Federal Aviation
have received confirmation from the http://dms.dot.gov. Regulations (14 CFR part 39) as follows:

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58000 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations

PART 39—AIRWORTHINESS The existing AD currently requires Discussion


DIRECTIVES inspections to detect cracking or On September 13, 2004, we issued AD
corrosion of the fail-safe straps between 2004–19–06, amendment 39–13800 (69
■ 1. The authority citation for part 39 the side fitting of the rear spar bulkhead
continues to read as follows: FR 57636, September 27, 2004). That
at body station 955 and the skin; and AD applies to all Boeing Model 767–
Authority: 49 U.S.C. 106(g), 40113, 44701. follow-on/corrective actions. The 200, –300, and –300F series airplanes.
existing AD results from reports of That AD requires inspections to detect
§ 39.13 [Amended]
cracked and/or corroded fail-safe straps cracking or corrosion of the fail-safe
■ 2. The Federal Aviation at body station (BS) 955 on Boeing
Administration (FAA) amends § 39.13 straps between the side fitting of the
Model 767–200 series airplanes. We rear spar bulkhead at body station (BS)
by adding an airworthiness directive issued the existing AD to detect and
(AD) that removes amendment 39–7031 955 and the skin; and follow-on/
correct fatigue cracking or corrosion of corrective actions. That AD resulted
(56 FR 26610, June 10, 1991), to read as the fail-safe straps, which could result
follows: from reports of cracked and/or corroded
in cracking of adjacent structure and fail-safe straps at BS 955 on Boeing
2005–20–31 Honeywell: Amendment 39– consequent reduced structural integrity Model 767–200 series airplanes. The
14328. Docket No. FAA–2005–22585; of the fuselage. This new AD revises the actions specified in that AD are
Directorate Identifier 2005–NM–041–AD. applicability of the existing AD to
Rescinds AD 91–08–51, Amendment 39–
intended to detect and correct fatigue
reduce the number of affected airplanes. cracking or corrosion of the fail-safe
7031.
We are issuing this AD to detect and straps, which could result in cracking of
Effective Date correct fatigue cracking or corrosion of adjacent structure and consequent
(a) This AD becomes effective October 5, the fail-safe straps, which could result reduced structural integrity of the
2005. in cracking of adjacent structure and fuselage.
Affected ADs
consequent reduced structural integrity
of the fuselage. Actions Since AD Was Issued
(b) This action rescinds AD 91–08–51. Since we issued that AD, the
DATES: The effective date of this AD is
Applicability November 1, 2004. manufacturer, Boeing, developed a
(c) This action applies to Honeywell Flight On November 1, 2004 (69 FR 57636, production change that lowers the
Management System (FMS) one million word September 27, 2004), the Director of the maximum stress in the fail-safe strap
(1M or 700K) data bases (9104 cycle or Federal Register approved the and removes the critical location where
earlier), as installed in, but not limited to, incorporation by reference of Boeing cracks were occurring on Boeing Model
McDonnell Douglas Model MD–11 and MD–
Alert Service Bulletin 767–53A0100, 767–200, –300, and –300F series
11F airplanes, and Boeing Model 747–400 airplanes. The production change is
series airplanes, Model 757–200, –200PF, dated September 26, 2002.
applicable to airplanes having line
–200CB, and –300 series airplanes, and We must receive comments on this
numbers 932 and subsequent. Therefore,
Model 767–200, –300, –300F, and –400ER AD by December 5, 2005.
we have revised the applicability of AD
series airplanes, certificated in any category. ADDRESSES: Use one of the following 2004–19–06 to Boeing Model 767–200,
Issued in Renton, Washington, on addresses to submit comments on this –300, and –300F series airplanes, line
September 26, 2005. AD. numbers 1 through 931 inclusive.
Ali Bahrami, • DOT Docket Web site: Go to
Manager, Transport Airplane Directorate, http://dms.dot.gov and follow the FAA’s Determination and Requirements
Aircraft Certification Service. instructions for sending your comments of This AD
[FR Doc. 05–19938 Filed 10–4–05; 8:45 am] electronically. The unsafe condition described
BILLING CODE 4910–13–P • Government-Wide Rulemaking Web previously is likely to exist or develop
site: Go to http://www.regulations.gov on other airplanes of the same type
and follow the instructions for sending design that may be registered in the U.S.
DEPARTMENT OF TRANSPORTATION your comments electronically. at some time in the future. For this
• Mail: Docket Management Facility; reason, we are issuing this AD to detect
Federal Aviation Administration U.S. Department of Transportation, 400 and correct fatigue cracking or corrosion
Seventh Street SW., Nassif Building, of the fail-safe straps, which could
14 CFR Part 39 Room PL–401, Washington, DC 20590. result in cracking of adjacent structure
[Docket No. FAA–2005–22584; Directorate • Fax: (202) 493–2251. and consequent reduced structural
Identifier 2005–NM–044–AD; Amendment • Hand Delivery: Room PL–401 on integrity of the fuselage. This AD
39–14313; AD 2004–19–06 R1] the plaza level of the Nassif Building, continues to require inspections to
400 Seventh Street SW., Washington, detect cracking or corrosion of the fail-
RIN 2120–AA64 safe straps between the side fitting of
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. the rear spar bulkhead at body station
Airworthiness Directives; Boeing
Contact Boeing Commercial 955 and the skin; and follow-on/
Model 767–200, –300, and –300F Series
Airplanes, P.O. Box 3707, Seattle, corrective actions. This AD also revises
Airplanes
Washington 98124–2207, for service the applicability of the existing AD to
AGENCY: Federal Aviation information identified in this AD. exclude line numbers 932 and
Administration (FAA), Department of subsequent.
FOR FURTHER INFORMATION CONTACT:
Transportation (DOT).
Candice Gerretsen, Aerospace Engineer, Explanation of Change Made to This
ACTION: Final rule; request for AD
Airframe Branch, ANM–120S, FAA,
comments. Seattle Aircraft Certification Office, Boeing Commercial Airplanes has
SUMMARY: The FAA is revising an 1601 Lind Avenue, SW., Renton, received a Delegation Option
existing airworthiness directive (AD) Washington 98055–4056; telephone Authorization (DOA). We have revised
that applies to all Boeing Model 767– (425) 917–6428; fax (425) 917–6590. this AD to delegate the authority to
200, –300, and –300F series airplanes. SUPPLEMENTARY INFORMATION: approve an alternative method of

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