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36862 Federal Register / Vol. 70, No.

122 / Monday, June 27, 2005 / Proposed Rules

Marketing Agreement and Interim the handling of milk in the Arizona-Las the provisions of this marketing
Order Amending the Order Vegas marketing area. The hearing was agreement as if set out in full herein.
Annexed hereto and made a part held pursuant to the provisions of the I. The findings and determinations,
hereof is a Marketing Agreement Agricultural Marketing Agreement Act order relative to handling, and the
regulating the handling of milk. The of 1937, as amended (7 U.S.C. 601–674), provisions of §§ 1131.1 to 1131.86 all
Order amending the order regulating the and the applicable rules of practice and inclusive, of the order regulating the
handling of milk in the Arizona-Las procedure (7 CFR part 900). handling of milk in the Arizona-Las
Upon the basis of the evidence Vegas marketing area (7 CFR Part 1131)
Vegas marketing area was approved by
introduced at such hearing and the which is annexed hereto; and
producers and published in the Federal
record thereof, it is found that: II. The following provisions: Record
Register on March 1, 2005 (70 FR 9846), (1) The said order as hereby amended,
as an Interim Final Rule. Both of these of milk handled and authorization to
and all of the terms and conditions correct typographical errors.
documents have been decided upon as thereof, will tend to effectuate the (a) Record of milk handled. The
the detailed and appropriate means of declared policy of the Act; undersigned certifies that he/she
effectuating the foregoing conclusions. (2) The parity prices of milk, as
It is hereby ordered, that this entire handled during the month of __ 2005,
determined pursuant to section 2 of the hundredweight of milk covered by this
partial final decision and the Marketing Act, are not reasonable in view of the
Agreement annexed hereto be published marketing agreement.
price of feeds, available supplies of (b) Authorization to correct
in the Federal Register. feeds, and other economic conditions typographical errors. The undersigned
Determination of Producer Approval which affect market supply and demand hereby authorizes the Deputy
and Representative Period for milk in the aforesaid marketing area. Administrator, or Acting Deputy
The minimum prices specified in the Administrator, Dairy Programs,
The month of July 2004 is hereby order as hereby amended are such
determined to be the representative Agricultural Marketing Service, to
prices as will reflect the aforesaid correct any typographical errors which
period for the purpose of ascertaining factors, insure a sufficient quantity of
whether the issuance of the order, as may have been made in this marketing
pure and wholesome milk, and be in the agreement.
amended in the Interim Final Rule public interest; and
published in the Federal Register on Effective date. This marketing
(3) The said order as hereby amended agreement shall become effective upon
March 1, 2005 (70 FR 9846), regulating regulates the handling of milk in the
the handling of milk in the Arizona-Las the execution of a counterpart hereof by
same manner as, and is applicable only the Department in accordance with
Vegas marketing area is approved or to persons in the respective classes of
favored by producers, as defined under Section 900.14(a) of the aforesaid rules
industrial or commercial activity of practice and procedure.
the terms of the order (as amended and specified in, a marketing agreement
as hereby proposed to be amended), In Witness Whereof, The contracting
upon which a hearing has been held. handlers, acting under the provisions of
who during such representative period
were engaged in the production of milk Order Relative To Handling the Act, for the purposes and subject to
for sale within the aforesaid marketing the limitations herein contained and not
It is therefore ordered, that on and
area. otherwise, have hereunto set their
after the effective date hereof, the
respective hands and seals.
List of Subjects in 7 CFR Part 1131 handling of milk in the Arizona-Las
Vegas marketing area shall be in Signature
Milk Marketing order. conformity to and in compliance with By (Name) lllllllllllllll
Dated: June 20, 2005. the terms and conditions of the order, as (Title) lllllllllllllllll
Kenneth C. Clayton, amended, and as hereby amended, as (Address) llllllllllllllll
Acting Administrator, Agricultural Marketing follows:
The provision of the order amending (Seal)
Service.
the orders contained in the interim Attest
Order Amending the Order Regulating amendment of the orders issued by the [FR Doc. 05–12618 Filed 6–24–05; 8:45 am]
the Handling of Milk in the Arizona-Las Administrator, Agricultural Marketing BILLING CODE 3410–02–P
Vegas Marketing Area Service, on April 19, 2004, and
This order shall not become effective published in the Federal Register on
unless and until the requirements of April 23, 2004 (69 FR 21950), are DEPARTMENT OF TRANSPORTATION
§ 900.14 of the rules of practice and adopted without change and, shall be
procedure governing proceedings to the terms and provisions of this order. Federal Aviation Administration
formulate marketing agreements and [This marketing agreement will not appear in
marketing orders have been met. the Code of Federal Regulations] 14 CFR Part 39
Findings and Determinations Marketing Agreement Regulating the [Docket No. 2003–NM–163–AD]
The findings and determinations Handling of Milk in Certain Marketing RIN 2120–AA64
hereinafter set forth supplement those Areas
that were made when the order was first The parties hereto, in order to Airworthiness Directives; Bombardier
issued and when it was amended. The effectuate the declared policy of the Act, Model CL–600–2B19 (Regional Jet
previous findings and determinations and in accordance with the rules of Series 100 & 440) Airplanes
are hereby ratified and confirmed, practice and procedure effective AGENCY: Federal Aviation
except where they may conflict with thereunder (7 CFR Part 900), desire to Administration (FAA), Department of
those set forth herein. enter into this marketing agreement and Transportation (DOT).
(a) Findings. A public hearing was do hereby agree that the provisions
ACTION: Supplemental notice of
held upon certain proposed referred to in paragraph I hereof as
proposed rulemaking; reopening of
amendments to the tentative marketing augmented by the provisions specified
comment period.
agreement and to the order regulating in paragraph II hereof, shall be and are

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Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules 36863

SUMMARY: This document revises an Certification Office, 1600 Stewart (Regional Jet Series 100 & 440)
earlier proposed airworthiness directive Avenue, suite 410, Westbury, New York airplanes, was published as a notice of
(AD), applicable to certain Bombardier 11590; telephone (516) 228–7311; fax proposed rulemaking (NPRM) (hereafter
Model CL–600–2B19 (Regional Jet (516) 794–5531. the ‘‘original NPRM’’) in the Federal
Series 100 & 440) airplanes, that would SUPPLEMENTARY INFORMATION: Register on March 11, 2004 (69 FR
have required performing repetitive 11554). The original NPRM would have
inspections of the electrical harnesses of Comments Invited required performing repetitive
the spoiler and the brake pressure Interested persons are invited to inspections of the electrical harnesses of
sensor unit on both sides of the wing participate in the making of the the spoiler and the brake pressure
root to detect any chafing or wire proposed rule by submitting such sensor unit on both sides of the wing
damage, and repairing or replacing any written data, views, or arguments as root to detect any chafing or wire
damaged or chafed harness or wire with they may desire. Communications shall damage, and repairing or replacing any
a new harness, as applicable. This new identify the Rules Docket number and damaged or chafed harness or wire with
action revises the proposed rule by be submitted in triplicate to the address a new harness, as applicable. The
expanding the applicability to include specified above. All communications original NPRM was prompted by reports
additional airplanes, deleting the received on or before the closing date of chafing of the electrical cables of the
repetitive inspections, and by adding a for comments, specified above, will be spoiler and brake pressure sensor unit
terminating modification for the one- considered before taking action on the (BPSU) on both sides of the wing root.
time inspection. The actions specified proposed rule. The proposals contained That condition, if not corrected, could
by this new proposed AD are intended in this action may be changed in light result in chafing of the electrical cables
to detect and correct chafing of the of the comments received. of the spoiler and brake pressure sensor
electrical cables of the spoiler and brake Submit comments using the following unit on both sides of the wing root,
pressure sensor unit on both sides of the format: which could result in loss of flight
wing root, which could result in loss of • Organize comments issue-by-issue. control system and consequent reduced
flight control system and consequent For example, discuss a request to controllability of the airplane.
reduced controllability of the airplane. change the compliance time and a Actions Since Issuance of the Original
This action is intended to address the request to change the service bulletin NRPM
identified unsafe condition. reference as two separate issues.
• For each issue, state what specific Since the issuance of the original
DATES: Comments must be received by
change to the proposed AD is being NPRM, Transport Canada Civil Aviation
July 22, 2005.
requested. (TCCA), which is the airworthiness
ADDRESSES: Submit comments in
• Include justification (e.g., reasons or authority for Canada, has issued
triplicate to the Federal Aviation Canadian airworthiness directive CF–
data) for each request.
Administration (FAA), Transport Comments are specifically invited on 2003–14R1, dated January 26, 2005,
Airplane Directorate, ANM–114, the overall regulatory, economic, which supersedes Canadian
Attention: Rules Docket No. 2003–NM– environmental, and energy aspects of airworthiness directive CF–2003–14,
163–AD, 1601 Lind Avenue, SW., the proposed rule. All comments dated May 15, 2003 (referenced in the
Renton, Washington 98055–4056. submitted will be available, both before original NPRM). Revision 1 of that
Comments may be inspected at this and after the closing date for comments, airworthiness directive mandates the
location between 9 a.m. and 3 p.m., in the Rules Docket for examination by actions specified in Bombardier Alert
Monday through Friday, except Federal interested persons. A report Service Bulletin A601R–27–133,
holidays. Comments may be submitted summarizing each FAA-public contact Revision ‘A,’ dated September 16, 2004,
via fax to (425) 227–1232. Comments concerned with the substance of this described below. Revision 1 also
may also be sent via the Internet using proposal will be filed in the Rules expands the applicability of Canadian
the following address: 9-anm- Docket. airworthiness directive CF–2003–14 to
nprmcomment@faa.gov. Comments sent Commenters wishing the FAA to include additional airplane serial
via fax or the Internet must contain acknowledge receipt of their comments numbers that are subject to the
‘‘Docket No. 2003–NM–163–AD’’ in the submitted in response to this action identified unsafe condition.
subject line and need not be submitted must submit a self-addressed, stamped Bombardier has issued Alert Service
in triplicate. Comments sent via the postcard on which the following Bulletin A601R–27–133, Revision ‘‘A,’’
Internet as attached electronic files must statement is made: ‘‘Comments to dated September 16, 2004. The service
be formatted in Microsoft Word 97 or Docket Number 2003–NM–163–AD.’’ bulletin describes, among other actions,
2000 or ASCII text. The postcard will be date stamped and procedures for performing a one-time or
The service information referenced in repetitive general visual inspections, as
returned to the commenter.
the proposed rule may be obtained from applicable, for chafing or wire damage
Bombardier, Inc., Canadair, Aerospace Availability of NPRMs of the electrical harnesses of the spoiler
Group, P.O. Box 6087, Station Centre- Any person may obtain a copy of this and the BPSU on both sides of the wing
ville, Montreal, Quebec H3C 3G9, NPRM by submitting a request to the root, and repairing or replacing any
Canada. This information may be FAA, Transport Airplane Directorate, damaged or chafed harness or wire with
examined at the FAA, Transport ANM–114, Attention: Rules Docket No. a new harness, as applicable. These
Airplane Directorate, 1601 Lind 2003–NM–163–AD, 1601 Lind Avenue, actions are identical to those specified
Avenue, SW., Renton, Washington; or at SW., Renton, Washington 98055–4056. in Bombardier Alert Service Bulletin
FAA, New York Aircraft Certification A601R–27–101, initial issue, dated
Office, 1600 Stewart Avenue, suite 410, Discussion April 17, 2000; and Revision ‘‘A,’’ dated
Westbury, New York. A proposal to amend part 39 of the October 26, 2001 (referenced in the
FOR FURTHER INFORMATION CONTACT: Federal Aviation Regulations (14 CFR original NPRM as the appropriate source
Wing Chan, Aerospace Engineer, part 39) to add an airworthiness of service information).
Systems and Flight Test Branch, ANE– directive (AD), applicable to certain The service bulletin also describes
172, FAA, New York Aircraft Bombardier Model CL–600–2B19 procedures for modifying the routing

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36864 Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules

and support of the electrical harnesses for the inspection), which is after the It would take approximately 1 work
of the spoiler and the brake pressure 4,000 flight-hour compliance time for hour per airplane to accomplish the
sensor unit (BPSU) on both sides of the doing the terminating modification. We proposed inspection, and that the
wing root. The modification involves have determined that the proposed average labor rate is $65 per work hour.
replacing spacer standoffs with new replacement should be done at the same Based on these figures, the cost impact
standoffs; replacing cable clamps with time as the terminating modification. In of the inspection proposed by this AD
new clamps; rerouting the electrical light of this, this supplemental NPRM on U.S. operators is estimated to be
harnesses; installing a nylon feedthru would require, within 3,500 flight hours $46,085, or $65 per airplane.
assembly and a layer of Teflon conduit; after the repair, replacing any damaged It would take approximately 5 work
as applicable. or chafed harness or wire with a new hours per airplane to accomplish the
Accomplishing the actions specified harness. proposed modification, and that the
in Bombardier Alert Service Bulletin These differences have been average labor rate is $65 per work hour.
A601R–27–133, Revision ‘‘A,’’ dated coordinated with the TCCA. Required parts would be supplied by
September 16, 2004, is intended to the airplane manufacturer at no cost to
adequately address the unsafe Conclusion operators. Based on these figures, the
condition. TCCA classified the alert Since these changes expand the scope cost impact of the modification
service bulletin as mandatory to ensure of the original NPRM, we have proposed by this AD on U.S. operators
the continued airworthiness of these determined that it is necessary to reopen is estimated to be $230,425, or $325 per
airplanes in Canada. the comment period to provide airplane.
additional opportunity for public The cost impact figures discussed
FAA’s Determination above are based on assumptions that no
comment.
We have examined the findings of the operator has yet accomplished any of
TCCA, reviewed all available Comments Received
the proposed requirements of this AD
information, and determined that it is Due consideration has been given to action, and that no operator would
necessary to revise the original NPRM. the following comment received in accomplish those actions in the future if
Therefore, we are proposing this AD, response to the original NPRM: this AD were not adopted. The cost
which would expand the applicability One commenter requests that impact figures discussed in AD
of the original NPRM to include paragraph (c) of the original NPRM be rulemaking actions represent only the
additional airplanes, add a terminating revised to give operators credit for time necessary to perform the specific
modification, eliminate the repetitive accomplishing inspections before the actions actually required by the AD.
inspections, and refer to Bombardier effective date of this AD in accordance These figures typically do not include
Alert Service Bulletin A601R–27–133, with Bombardier Alert Service Bulletin incidental costs, such as the time
Revision ‘‘A,’’ dated September 16, A601R–27–101, Initial Issue, dated required to gain access and close up,
2004, as the appropriate source of April 17, 2000. The commenter states planning time, or time necessitated by
service information for accomplishing that the only change made to Part A of other administrative actions.
the proposed actions. Revision ‘‘A,’’ of the service bulletin
TCCA airworthiness directive CF– was the deletion of the inspection of the Authority for This Rulemaking
2003–14R1 requires, for certain aileron harness and thus has no affect Title 49 of the United States Code
airplanes, repetitive general visual on the intent of what is specified in specifies the FAA’s authority to issue
inspections at intervals not to exceed paragraph (a) of the original NPRM. The rules on aviation safety. Subtitle I,
4,000 flight hours, until accomplishing commenter also states that the original section 106, describes the authority of
a terminating modification (i.e., NPRM, as written, would require the FAA Administrator. Subtitle VII,
modifying the routing and support of operators to unnecessarily perform Aviation Programs, describes in more
the electrical harnessess of the spoiler similar, and even less involved, initial detail the scope of the Agency’s
and the BPSU on both sides of the wing inspections again. authority.
root) within 4,000 flight hours after the We agree with the commenter’s We are issuing this rulemaking under
effective date of the TCCA airworthiness request and have revised paragraph (c) the authority described in subtitle VII,
directive. We have determined that the of the supplemental NPRM to give part A, subpart III, section 44701,
repetitive general visual inspections are operators credit for accomplishing ‘‘General requirements.’’ Under that
not necessary in this supplemental inspections before the effective date of section, Congress charges the FAA with
NPRM (only a one-time general visual this AD in accordance with Bombardier promoting safe flight of civil aircraft in
inspection), since the terminating Alert Service Bulletin A601R–27–101, air commerce by prescribing regulations
modification would be done within the Initial Issue, dated April 17, 2000. In for practices, methods, and procedures
same compliance time as the repetitive addition, we have revised paragraph (c) the Administrator finds necessary for
inspections. of the supplemental NPRM to give safety in air commerce. This regulation
TCCA airworthiness directive operators credit for accomplishing is within the scope of that authority
CF–2003–14R1 also requires, before inspections, replacements, and repairs because it addresses an unsafe condition
further flight, repairing any damaged or before the effective date of this AD in that is likely to exist or develop on
chafed electrical harness found during accordance with Bombardier Alert products identified in this rulemaking
the visual inspection (i.e., within 500 Service Bulletin A601R–27–101, action.
flight hours after the effective date of the Revision ‘‘A,’’ dated October 26, 2001;
TCAA airworthiness directive), and Regulatory Impact
or Bombardier Alert Service Bulletin
requires, within 4,000 flight hours after A601R–27–133, Initial Issue, dated July The regulations proposed herein
the repair, replacing any damage or 12, 2004. would not have a substantial direct
chafed harness or wire with a new effect on the States, on the relationship
harness. Therefore, the TCAA Cost Impact between the national Government and
airworthiness directive requires the The FAA estimates that 709 airplanes the States, or on the distribution of
subject replacement to be done at 4,500 of U.S. registry would be affected by this power and responsibilities among the
flight hours (includes 500 flight hours proposed AD. various levels of government. Therefore,

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Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules 36865

it is determined that this proposal Note 1: For the purposes of this AD, a Note 2: The subject of this AD is addressed
would not have federalism implications general visual inspection is defined as: ‘‘A in Canadiar airworthiness directive CF–
under Executive Order 13132. visual examination of an interior or exterior 2003–14R1, effective February 26, 2005.
For the reasons discussed above, I area, installation, or assembly to detect
obvious damage, failure, or irregularity. This Issued in Renton, Washington, on June 21,
certify that this proposed regulation (1) 2005.
level of inspection is made from within
is not a ‘‘significant regulatory action’’ Ali Bahrami,
touching distance unless otherwise specified.
under Executive Order 12866; (2) is not A mirror may be necessary to enhance visual Manager, Transport Airplane Directorate,
a ‘‘significant rule’’ under the DOT access to all exposed surfaces in the Aircraft Certification Service.
Regulatory Policies and Procedures (44 inspection area. This level of inspection is [FR Doc. 05–12637 Filed 6–24–05; 8:45 am]
FR 11034, February 26, 1979); and (3) if made under normally available lighting BILLING CODE 4910–13–P
promulgated, will not have a significant conditions such as daylight, hangar lighting,
economic impact, positive or negative, flashlight, or droplight and may require
on a substantial number of small entities removal or opening of access panels or doors. DEPARTMENT OF ENERGY
under the criteria of the Regulatory Stands, ladders, or platforms may be required
Flexibility Act. A copy of the draft to gain proximity to the area being checked.’’ Federal Energy Regulatory
regulatory evaluation prepared for this Corrective Actions Commission
action is contained in the Rules Docket.
A copy of it may be obtained by (b) If any damaged or chafed electrical
harness or wire is found during any
18 CFR Part 101
contacting the Rules Docket at the
inspection required by paragraph (a) of this [Docket No. RM04–12–000]
location provided under the caption AD, before further flight, do either paragraph
ADDRESSES. (b)(1) or (b)(2) of this AD. Accounting and Financial Reporting
List of Subjects in 14 CFR Part 39 (1) Replace any damaged or chafed harness for Public Utilities Including RTOs
or wire with a new harness, in accordance
Air transportation, Aircraft, Aviation with Part C or Part D of the Accomplishment June 2, 2005.
safety, Safety. Instructions of Bombardier Alert Service AGENCY: Federal Energy Regulatory
The Proposed Amendment Bulletin A601R–27–133, Revision ‘A,’ dated Commission, DOE.
September 16, 2004, as applicable. ACTION: Notice of proposed rulemaking.
Accordingly, pursuant to the (2) Repair any damaged or chafed electrical
authority delegated to me by the harness in accordance with Part B of the SUMMARY: The Federal Energy
Administrator, the Federal Aviation Accomplishment Instructions of Bombardier Regulatory Commission (Commission) is
Administration proposes to amend part Alert Service Bulletin A601R–27–133,
proposing to amend its regulations to
39 of the Federal Aviation Regulations Revision ‘A,’ dated September 16, 2004.
Within 3,500 flight hours after the repair is
update the accounting requirements for
(14 CFR part 39) as follows: public utilities and licensees, including
done, do paragraph (b)(1) of this AD.
independent system operators and
PART 39—AIRWORTHINESS Credit for Earlier Service Bulletins regional transmission organizations
DIRECTIVES
(c) Inspections, replacements, and repairs (collectively referred to as RTOs). The
1. The authority citation for part 39 accomplished before the effective date of this Commission is also proposing to amend
continues to read as follows: AD in accordance with Bombardier Alert its financial reporting requirements for
Service Bulletin A601R–27–101, Initial Issue, the quarterly and annual financial
Authority: 49 U.S.C. 106(g), 40113, 44701. dated April 17, 2000; or Revision ‘A,’ dated
reporting forms for these entities. These
§ 39.13 [Amended] October 26, 2001; or Bombardier Alert
Service Bulletin A601R–27–133, Initial Issue, updates to the Commission’s Uniform
2. Section 39.13 is amended by dated July 12, 2004; are acceptable for System of Accounts (USofA) and the
adding the following new airworthiness compliance with the corresponding financial reporting requirements are
directive: requirements of this AD. being proposed to accommodate the
Bombardier, Inc. (Formerly Canadair): evolving electric industry due to the
Terminating Modification
Docket 2003–NM–163–AD. availability of open-access transmission
(d) Within 4,000 flight hours after the service and the increasing competition
Applicability: Model CL–600–2B19
effective date of this AD, modify the routing in wholesale bulk power markets.
(Regional Jet Series 100 & 440) airplanes,
and support of the electrical harnesses of the
serial numbers 7003 through 7067 inclusive, These proposed updates to the
and 7069 through 7947 inclusive, certificated spoiler and the BPSU on both sides of the
wing root by accomplishing all the actions
Commission’s accounting and reporting
in any category. requirements will allow the
Compliance: Required as indicated, unless specified in Part E or F, as applicable, of the
Accomplishment Instructions of Bombardier Commission and the public to be better
accomplished previously.
To detect and correct chafing of the Alert Service Bulletin A601R–27–133, informed with respect to transactions
electrical cables of the spoiler and brake Revision ‘A,’ dated September 16, 2004. and events affecting public utilities,
pressure sensor unit (BPSU) on both sides of Accomplishing the modification constitutes including RTOs, subject to the
the wing root, which could result in loss of compliance with the requirements of this AD. Commission’s accounting and reporting
flight control system and consequent reduced Exception to Service Bulletin regulations. As a result of improved
controllability of the airplane, accomplish transparency of financial information,
the following: (e) Although Bombardier Alert Service
Bulletin A601R–27–133, Revision ‘A,’ dated the Commission and the public will also
Initial Inspections September 16, 2004, specifies to submit be better able to understand the costs of
(a) Within 500 flight hours after the certain information to the manufacturer, this RTOs.
effective date of this AD, do a general visual AD does not include such a requirement. DATES: Comments on the proposed
inspection for chafing or wire damage of the rulemaking are due on or before August
Alternative Methods of Compliance
electrical harnesses of the spoiler and the 26, 2005.
BPSU on both sides of the wing root, in (f) In accordance with 14 CFR 39.19, the
accordance with Part A of the Manager, New York Aircraft Certification ADDRESSES: Comments may be filed
Accomplishment Instructions of Bombardier Office, FAA, is authorized to approve electronically via the eFiling link on the
Alert Service Bulletin A601R–27–133, alternative methods of compliance for this Commission’s Web site at http://
Revision ‘A,’ dated September 16, 2004. AD. www.ferc.gov. Commentors unable to

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