Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35267 information collection and List of Subjects in 7 CFR Part 930 cracks are found. This AD is the result recordkeeping requirements imposed by Marketing agreements, Reporting and of reports of a vertical fin front spar this order have been previously recordkeeping requirements, Tart fitting failure on a Model AT–401 approved by OMB and assigned OMB cherries. airplane. The actions specified by this Number 0581–0177. AD are intended to detect and correct The Board’s meetings were widely For the reasons set forth in the cracks in the vertical fin front spar publicized throughout the tart cherry preamble, 7 CFR part 930 is amended as attachment fittings, which could result industry and all interested persons were follows: in failure of the vertical fin. This invited to attend them and participate in PART 930ÐTART CHERRIES GROWN condition could lead to loss of Board deliberations. Like all Board IN THE STATES OF MICHIGAN, NEW directional control and eventual loss of airplane control. meetings, the March 2000 meeting was YORK, PENNSYLVANIA, OREGON, a public meeting and all entities, both UTAH, WASHINGTON, AND DATES: This AD becomes effective on large and small, were able to express WISCONSIN June 23, 2000. their views on these issues. The Board The Director of the Federal Register itself is composed of 18 members, of 1. The authority citation for 7 CFR previously approved the incorporation which 17 members are growers and part 930 continues to read as follows: by reference of Snow Engineering handlers and one represents the public. Authority: 7 U.S.C. 601–674. Company Service Letter #138, Revised Also, the Board has a number of August 7, 1996, as of August 25, 1997. appointed committees to review certain § 930.159 [Amended] The Director of the Federal Register approved the incorporation by reference issues and make recommendations. 2. In § 930.159, paragraph (a) is of Snow Engineering Company Service Finally, interested persons are invited amended by removing the word ‘‘Japan’’ Letter #196, Revised March 7, 2000, as to submit information on the regulatory and adding the word ‘‘and’’ in between of June 23, 2000. and informational impacts of this action the words ‘‘Canada’’ and ‘‘Mexico’’. on small businesses. The Federal Aviation Administration A small business guide on complying § 930.162 [Amended] (FAA) must receive any comments on this rule on or before July 28, 2000. with fruit, vegetable, and specialty crop 3. In § 930.162, paragraph (a) and ADDRESSES: Submit comments in marketing agreements and orders may paragraph (b)(3) are amended by triplicate to FAA, Central Region, Office be viewed at the following website: removing the word ‘‘Japan’’ and adding of the Regional Counsel, Attention: http://www.ams.usda.gov/fv/ the word ‘‘and’’ in between the words Rules Docket No. 2000–CE–21–AD, 901 moab.html. Any questions about the ‘‘Canada’’ and ‘‘Mexico’’. compliance guide should be sent to Jay Locust, Room 506, Kansas City, Dated: May 26, 2000. Guerber at the previously mentioned Missouri 64106. Robert C. Keeney, You may get the service information address in the FOR FURTHER INFORMATION referenced in this AD from Air Tractor CONTACT section. Deputy Administrator, Fruit and Vegetable Incorporated, P.O. Box 485, Olney, This rule invites comments on Programs. Texas 76374. You may examine this authorizing Japan as an eligible export [FR Doc. 00–13782 Filed 6–1–00; 8:45 am] information at FAA, Central Region, outlet for purposes of the diversion and BILLING CODE 3410±02±P Office of the Regional Counsel, exemption provisions under the order. Attention: Rules Docket No. 2000–CE– After consideration of all relevant 21–AD, 901 Locust, Room 506, Kansas DEPARTMENT OF TRANSPORTATION material presented, including the City, Missouri 64106; or at the Office of Board’s recommendation, and other Federal Aviation Administration the Federal Register, 800 North Capitol information, it is found that this interim Street, NW, suite 700, Washington, DC. final rule, as hereinafter set forth, will FOR FURTHER INFORMATION CONTACT: Rob tend to effectuate the declared policy of 14 CFR Part 39 Romero, Aerospace Engineer, Airplane the Act. [Docket No. 2000±CE±21±AD; Amendment Certification Office, FAA, 2601 Pursuant to 5 U.S.C. 553, it is also 39±11753; AD 2000±11±05] Meacham Boulevard, Fort Worth, Texas found and determined upon good cause RIN 2120±AA64 76137; telephone: (817) 222–5102; that it is impracticable, unnecessary, facsimile: (817) 222–5960. and contrary to the public interest to Airworthiness Directives; Air Tractor SUPPLEMENTARY INFORMATION: give preliminary notice prior to putting Incorporated Models AT±301, AT±401, this rule into effect and that good cause and AT±501 Airplanes Discussion exists for not postponing the effective What events have caused this AD? date of this rule until 30 days after AGENCY: Federal Aviation The FAA has received a report of an publication in the Federal Register Administration, DOT. incident involving an Air Tractor Model because: (1) This rule relaxes ACTION: Final rule; request for AT–401 airplane. The following requirements by providing an additional comments. describe this incident: opportunity for handlers to receive an 1. The vertical fin front spar plate exemption or diversion credit; (2) the SUMMARY: This amendment adopts a cracked and caused failure of the Board needs this rule to be in place by new airworthiness directive (AD) that vertical fin front spar fitting; July 1, 2000, so handlers can take applies to certain Air Tractor 2. The rear spar consequently failed advantage of this option; (3) the Board Incorporated (Air Tractor) Models AT– and the fin contacted the elevator, recommended this change at a public 301, AT–401, and AT–501 airplanes that which caused difficulty in controlling meeting and interested parties had an are equipped with a 3⁄16-inch thick the airplane; and opportunity to provide input; and (4) aluminum fin front spar fitting and an 3. The front spar failure occurred in this rule provides a 60-day comment all metal rudder. This AD requires that the 3⁄16-inch thick aluminum fin front period and any comments received will you repetitively inspect the vertical fin spar fitting across one of the bolt holes be considered prior to finalization of front spar attachment fittings for fatigue where the fitting attaches to the fuselage this rule. cracks, and rework the vertical fin if any frame.
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What are the consequences if the failure of the front spar and Is there service information that condition is not corrected? Fatigue consequently the rear spar. This could applies to this subject? Snow cracking of the vertical fin front spar result in loss of directional control and Engineering Company has issued the attachment fittings, if not detected and loss of control of the airplane. following service information that corrected, could result in structural relates to this subject:
Service letter # Issue/revision dates Procedures for
Service Letter #196 ...... Issued February 9, 2000; Revised March 7, 2000 ...... Reworking the vertical fin. Service Letter #138 ...... Issued July 29, 1995; Revised August 7, 1996 ...... Repetitively inspecting the vertical fin front spar attach- ment fittings for fatigue cracks.
The FAA’s Determination and an in loss of directional control and If you want us to acknowledge the Explanation of the Provisions of the AD eventual loss of airplane control, FAA receipt of your comments, you must What has FAA decided? After finds that notice and opportunity for include a self-addressed, stamped examining the circumstances and public prior comment are impracticable. postcard. On the postcard, write reviewing all available information Therefore, good cause exists for making ‘‘Comments to Docket No. 2000–CE–21– related to the incidents described above, this amendment effective in less than 30 AD.’’ We will date stamp and mail the including the relevant service days. postcard back to you. information, we determined that: Comments Invited Regulatory Impact —An unsafe condition exists or could Although this action is in the form of These regulations will not have a develop on certain Air Tractor Models a final rule and was not preceded by substantial direct effect on the States, on AT–301, AT–401, and AT–501 notice and opportunity for public the relationship between the national airplanes of the same type design to comment, FAA invites comments on Government and the States, or on the the incident airplane that are this rule. You may submit whatever distribution of power and equipped with a 3⁄16-inch thick written data, views, or arguments you responsibilities among the various aluminum fin front spar fitting and an choose. You need to include the rule’s levels of government. Therefore, FAA all metal rudder; and docket number and submit your has determined that this final rule does —AD action should be taken in order to comments in triplicate to the address not have federalism implications under detect and correct cracks in the specified under the caption ADDRESSES. Executive Order 13132. vertical fin front spar attachment The FAA will consider all comments fittings, which could result in failure received on or before the closing date. The FAA has determined that this of the vertical fin. This condition We may amend this rule in light of regulation is an emergency regulation could lead to loss of directional comments received. Factual information that must be issued immediately to control and eventual loss of airplane that supports your ideas and suggestions correct an unsafe condition in aircraft, control. is extremely helpful in evaluating the and is not a significant regulatory action What does this AD require? This AD effectiveness of the AD action and under Executive Order 12866. We have requires you to: determining whether we need to take determined that this action involves an 1. repetitively inspect vertical fin additional rulemaking action. emergency regulation under DOT front spar attachment fittings for fatigue The FAA is re-examining the writing Regulatory Policies and Procedures (44 cracks; and style we currently use in regulatory FR 11034, February 26, 1979). If FAA 2. rework the vertical fin if any cracks documents, in response to the determines that this emergency are found. Presidential memorandum of June 1, regulation otherwise would be Once you rework the vertical fin, you 1998. That memorandum requires significant under DOT Regulatory may discontinue the repetitive federal agencies to communicate more Policies and Procedures, we will inspections. clearly with the public. We are prepare a final regulatory evaluation. The applicability of Snow interested in your comments on whether You may obtain a copy of the evaluation Engineering Company Service Letter the style of this document is clearer, and (if required) from the Rules Docket. #138 refers to different airplanes than any other suggestions you might have to List of Subjects in 14 CFR Part 39 are referenced in this AD action. AD 97– improve the clarity of FAA 14–05, Amendment 39–10063 (62 FR communications that affect you. You Air transportation, Aircraft, Aviation 38445, July 18, 1997), covers the can get more information about the safety, Incorporation by reference, airplanes referenced in Service Letter Presidential memorandum and the plain Safety. #138. The inspection procedures also language initiative at http:// Adoption of the Amendment apply for the airplanes referenced in www.plainlanguage.gov. this AD action. Therefore, Snow The FAA specifically invites Accordingly, under the authority Engineering Company Service Letter comments on the overall regulatory, delegated to me by the Administrator, #138 also applies to this AD, as well as economic, environmental, and energy the Federal Aviation Administration AD 97–14–05. This service letter also aspects of the rule that might suggest a amends part 39 of the Federal Aviation specifies repetitive inspection intervals need to modify the rule. You may Regulations (14 CFR part 39) as follows: of 25 hours time-in-service (TIS). examine all comments we receive before Paragraph (d)(2) of this AD requires the and after the closing date of the rule in PART 39ÐAIRWORTHINESS repetitive inspections at 100 hours TIS. the Rules Docket. We will file a report DIRECTIVES Will I have the opportunity to in the Rules Docket that summarizes comment prior to the issuance of the each FAA contact with the public that 1. The authority citation for part 39 rule? Because the unsafe condition concerns the substantive parts of this continues to read as follows: described in this document could result AD. Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13 [Amended] Models Serial numbers 401, and AT–501 airplanes that are not affected by this AD. 2. FAA amends Section 39.13 by AT±301 ...... 301±0100 through (b) Who must comply with this AD? adding a new airworthiness directive 301±0736 Anyone who wishes to operate any of the (AD) to read as follows: AT±401 ...... 401±0662 through above airplanes on the U.S. Register. 401±0736 2000–11–05 Air Tractor Incorporated: (c) What problem does this AD address? AT±501 ...... 501±0002 through Amendment 39–11753; Docket No. The actions required by this AD are intended 501±0030 to detect and correct cracks in the spar plates, 2000–CE–21–AD. which could result in failure of the vertical (a) What airplanes are affected by this AD? Note: This AD does not affect the fin. This condition could lead to loss of The following airplane models and serial requirements of AD 97–14–05, Amendment directional control and eventual loss of numbers that are: 39–10063 (62 FR 38445, July 18, 1997). AD control of the airplane. (1) Certificated in any category; and 97–14–05 requires similar actions to this AD (d) What must I do to address this (2) Equipped with a 3⁄16-inch fin front spar on Models AT–302, AT–400, AT–400A problem? To address this problem, you must fitting and an all metal rudder. airplanes, and certain Models AT301, AT– accomplish the following:
Action Compliance time Procedures
(1) Initial inspection of the fin front spar attachment fittings for fatigue At whichever of the following that Accomplish in accordance with the cracks. occurs later. Inspection Requirements section (i) Upon accumulating 4,000 hours of Snow Engineering Company time-in-service (TIS); or,. Service Letter #138, Issued July (ii) Within the next 25 hours TIS 29, 1995; Revised August 7, after the June 23, 2000 (the ef- 1996. fective date of this AD). (2) Repetitive inspections of the fin front spar attachment fittings. Re- Within 100 hours TIS after the ini- Accomplish in accordance with the petitive inspection requirement only applies if no cracks are found tial inspection and thereafter at Inspection Requirements section and you choose not to rework the fin front spar attachment. intervals not to exceed 100 of Snow Engineering Company hours TIS if you have no cracks Service Letter #138, Issued July and choose not to rework the fin 29, 1995; Revised August 7, front spar attachment. 1996. (3) Rework the fin front spar attachment fittings ...... (i) Prior to further flight after any Accomplish in accordance with the inspection where a crack is Vertical Fin Rework Instructions found in the front or rear spar section of Snow Engineering area. Company Service letter #196, (ii) This eliminates the repetitive Issued February 9, 2000; Re- inspection requirement of this vised March 7, 2000. AD. (4) Optional rework of the fin front spar attachment fittings ...... Any time to eliminate the repetitive Accomplish in accordance with the inspection requirement of this Vertical Fin Rework Instructions AD. section of Snow Engineering Company Service Letter #196, Issued February 9, 2000; Re- vised March 7, 2000.
Note: The applicability of Snow alternative. Submit your request through an Engineer, FAA, Fort Worth ACO, 2601 Engineering Company Service Letter #138 FAA Principal Maintenance Inspector, who Meacham Boulevard, Fort Worth, Texas refers to different airplanes than are may add comments and then send it to the 76193–0150; telephone: (817) 222–5102; referenced in this document. AD 97–14–05, Manager, Fort Worth ACO. facsimile: (817) 222–5960. Amendment 39–10063 (62 FR 38445, July 18, Note: This AD applies to each airplane (g) What if I need to fly the airplane to 1997), covers the airplanes referenced in identified in paragraph (a) of this AD, another location to comply with this AD? The Snow Engineering Company Service Letter regardless of whether it has been modified, FAA can issue a special flight permit under #138. The inspection procedures also apply altered, or repaired in the area subject to the sections 21.197 and 21.199 of the Federal for the airplanes referenced in this AD. requirements of this AD. For airplanes that Aviation Regulations (14 CFR 21.197 and Therefore, Snow Engineering Company have been modified, altered, or repaired so 21.199) to operate your airplane to a location Service Letter #138 also applies to this AD, that the performance of the requirements of where you can accomplish the requirements as well as AD 97–14–05. This service letter this AD is affected, the owner/operator must of this AD. also specifies repetitive inspection intervals request approval for an alternative method of (h) Are any service bulletins incorporated of 25 hours TIS. Paragraph (d)(2) of this AD compliance in accordance with paragraph (e) into this AD by reference? You must requires the repetitive inspections at 100 of this AD. The request should include an accomplish the actions required by this AD hours TIS. assessment of the effect of the modification, in accordance with Snow Engineering (e) Can I comply with this AD in any other alteration, or repair on the unsafe condition Company Service Letter #138, Revised way? You may use an alternative method of addressed by this AD; and, if you have not August 7, 1996, and Snow Engineering compliance or adjust the compliance time if: eliminated the unsafe condition, specify Company Service Letter #196, Revised March (1) Your alternative method of compliance actions you propose to address it. 7, 2000. provides an equivalent level of safety; and (f) Where can I get information about any (1) The Director of the Federal Register (2) The Manager, Fort Worth Airplane already-approved alternative methods of previously approved the incorporation by Certification Office (ACO), approves your compliance? Contact Rob Romero, Aerospace
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