81 FR 74659 - Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 208 (October 27, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74659-74662 | |
| FR Document | 2016-25694 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Rules and Regulations] [Pages 74659-74662] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25694] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc. No. AMS-SC-16-0050; SC16-922-1 FR] Apricots Grown in Designated Counties in Washington; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Washington Apricot Marketing Committee (Committee) to increase the assessment rate established for the 2016-17 and subsequent fiscal periods from $0.75 to $1.40 per ton of Washington apricots handled under the marketing order. The Committee, which is composed of growers and handlers, locally administers the order which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective October 28, 2016. FOR FURTHER INFORMATION CONTACT: Dale Novotny, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 922, both as amended (7 CFR part 922), regulating the handling of apricots grown in designated counties in Washington, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' [[Page 74660]] The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the order now in effect, apricot handlers in designated counties in Washington are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable Washington apricots beginning April 1, 2016, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule increases the assessment rate established for the Committee for the 2016-17 and subsequent fiscal periods from $0.75 to $1.40 per ton of Washington apricots handled under the order. The Washington apricot marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of apricots in designated counties in Washington. They are familiar with the Committee's needs, and with the costs for goods and services in their local area, and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2015-16 and subsequent fiscal periods, the Committee recommended, and the USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 11, 2016, and unanimously recommended 2016-17 expenditures of $7,160 and an assessment rate of $1.40 per ton of apricots. In comparison, the previous fiscal period's budgeted expenditures were $7,610. The recommended assessment rate of $1.40 per ton is $0.65 per ton higher than the rate currently in effect. Last year at the May 12, 2015, meeting, Committee members voted to moderately increase the budget from $7,095 to $7,610, and to decrease the assessment rate from $1.50 to $0.75 per ton of apricots handled. The Committee was attempting to lower their excess reserve funds to approximately one fiscal period's operating expenses to remain in compliance with Sec. 922.42(a)(2) of the order. The Committee based its recommendation on a crop estimate of 5,800 tons for the 2015-16 crop year. The actual crop yield for that period was 4,795 tons, 1,005 tons less than the 5,800 ton estimate used by the Committee for budgeting purposes. Low water supply and higher than average temperatures were reported by the industry at the May 11, 2016, meeting as the major factors for the short 2015-16 crop. As a result of the reduced crop size and related lower assessment revenue, the Committee was forced to use more funds from its reserve than previously anticipated. The Committee intends to fully fund ongoing operations and maintain adequate reserve funds through the implementation of the assessment rate increase for the 2016-17 and future fiscal periods. The major expenditures recommended by the Committee for the 2016-17 fiscal period include $3,000 for the contracted management fee to the Washington State Fruit Commission, $1,200 for Committee travel, $2,000 for the annual audit, $500 for computer and technical services, and $250 for office supplies. Budgeted expenses for these items in the 2015-2016 fiscal period were $3,000 for the management fee, $1,200 for Committee travel, $2,500 for the annual audit, and $500 for office supplies, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington apricots, while also taking into account the Committee's monetary reserve. Washington apricot shipments for the year are estimated at 5,000 tons which should provide $7,000 in assessment income at the rate of $1.40 per ton of Washington apricots handled. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, would be adequate to cover budgeted expenses for the 2016-17 fiscal period. Funds in the reserve (currently $7,301) would be kept within the maximum amount permitted by the order of approximately one fiscal period's operational expenses. Authority for maintaining a financial reserve is found in Sec. 922.42(a)(2) of the order. The Committee expects its monetary reserve to decrease from $7,301 at the beginning of the 2016-17 fiscal period to approximately $7,141 at the end of the 2016-17 fiscal period. That amount would be within the provisions of the order and should provide the Committee with the ability to absorb fluctuations in assessment income and expenses into the future. The assessment rate will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of the Committee meetings are available from the Committee or the USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2016-17 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the [[Page 74661]] Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 100 growers and 17 handlers of Washington apricots subject to regulation under the marketing order in the regulated area. Most apricot producers and all handlers accounted for in the regulated area are engaged in the production of other crops in addition to apricots. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). The National Agricultural Statistics Service (NASS) reports that the 2015 total production and utilization (including both fresh and processed markets) of Washington apricots was approximately 8,000 tons, the average price was $1,050 per ton, and the total farm-gate value was approximately $8,400,000. Based on these reports and the number of apricot growers within the production area, it is estimated that the 2015 average revenue from the sale of apricots was approximately $84,000. In addition, based on information from the USDA's Market News Service, 2015 f.o.b. prices for Washington No.1 apricots ranged from $20.00 to $26.00 per 24-pound container for both loose pack and 2-layer tray-pack containers. Using average prices and shipment information provided by the Committee, it is determined that each of the Washington apricot handlers currently ship less than $7,500,000 worth of apricots on an annual basis. In view of the foregoing, it is concluded that the majority of handlers and growers of Washington apricots may be classified as small entities. This rule increases the assessment rate established for the Committee, and collected from handlers, for the 2016-17 and subsequent fiscal periods from $0.75 to $1.40 per ton of Washington apricots handled. The new assessment rate of $1.40 is $0.65 higher than the 2015-16 rate. The quantity of assessable apricots for the 2016-17 fiscal period is estimated at 5,000 tons. Thus, the $1.40 rate should provide $7,000 in assessment income and, combined with the existing reserve fund, should be adequate to meet this year's budgeted expenses. The major expenditures recommended by the Committee for the 2016-17 fiscal period include $3,000 for the contracted management fee to the Washington State Fruit Commission, $1,200 for Committee travel, $2,000 for the annual audit, $500 for computer and technical services, and $250 for office supplies. Budgeted expenses for these items in the 2015-2016 fiscal period were $3,000 for the management fee, $1,200 for Committee travel, $2,500 for the annual audit, and $500 for office supplies. The Committee discussed alternatives to this action, including recommending alternative expenditure levels and assessment rates. Although lower assessment rates were considered, none were selected because they would not have generated sufficient income to administer the order. A review of historical data and preliminary information pertaining to the 2016-17 season indicates that the grower price for Washington apricots could range between $1,050 and $1,300 per ton. Therefore, the assessment revenue for the 2016-17 fiscal period, as a percentage of total grower revenue, could range between 0.133 and 0.108 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the order. In addition, the Committee's meeting was widely publicized throughout the Washington apricot industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 11, 2016, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons were invited to submit comments on this rule, including the regulatory and informational impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0189. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large Washington apricot handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the Federal Register on August 23, 2016 (81 FR 57493). Copies of the proposed rule were also mailed or sent via facsimile to all apricot handlers. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending September 22, 2016, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously-mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2016-17 fiscal period began on April 1, 2016, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable Washington apricots handled during such fiscal period; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; (3) handlers are already shipping Washington apricots from the 2016 crop; and (4) handlers are aware of this action, which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. Further, handlers are aware of this rule which was recommended at a public meeting. Also, a 30-day comment [[Page 74662]] period was provided for in the proposed rule. List of Subjects in 7 CFR Part 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is amended as follows: PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 0 1. The authority citation for 7 CFR part 922 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 922.235 is revised to read as follows: Sec. 922.235 Assessment rate. On or after April 1, 2016, an assessment rate of $1.40 per ton is established for Washington apricots handled in the production area. Dated: October 19, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-25694 Filed 10-26-16; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations 74659
List of Subjects in 2 CFR Part 1800 Access to Research Results DEPARTMENT OF AGRICULTURE
Government financial assistance. (a) This award is subject to the
requirements of the, ‘‘NASA Plan: Increasing Agricultural Marketing Service
Manuel Quinones, Access to the Results of Scientific Research,’’
NASA Federal Register Liaison Officer. which covers public access to digital 7 CFR Part 922
Accordingly, 2 CFR part 1800 is scientific data and peer-reviewed [Doc. No. AMS–SC–16–0050; SC16–922–1
amended as follows: publications. For purposes of this term and FR]
■ 1. The authority citation for 2 CFR condition, the following definitions apply:
part 1800 continues to read as follows: (1) Awardee: Any recipient of a NASA Apricots Grown in Designated
grant or cooperative agreement, its Counties in Washington; Increased
Authority: 51 U.S.C. 20113(e), Pub. L. 97– investigators, and subrecipient (subaward or Assessment Rate
258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.),
and 2 CFR part 200. contract as defined in 2 CFR 200.92 and
AGENCY: Agricultural Marketing Service,
200.22, respectively) at any level.
■ 2. Revise § 1800.210 to read as USDA.
(2) Final Peer-Reviewed Manuscript: The
follows: final text version of a peer-reviewed article ACTION: Final rule.
disclosing the results of scientific research SUMMARY: This rule implements a
§ 1800.210 Information contained in a
which is authored or co-authored by the recommendation from the Washington
Federal award.
Awardee or funded, in whole or in part, with Apricot Marketing Committee
NASA waives the requirement for the funds from a NASA award, that includes all
inclusion of indirect cost rates on any (Committee) to increase the assessment
modifications from the publishing peer rate established for the 2016–17 and
notice of Federal award for commercial review process, and all graphics and
firms with no cost sharing requirement. subsequent fiscal periods from $0.75 to
supplemental material prepared by Awardee. $1.40 per ton of Washington apricots
The terms and conditions for NASA (b) The recipient shall:
may be found at appendix B of this part handled under the marketing order. The
(1) Comply with their approved Data Committee, which is composed of
and https://prod.nais.nasa.gov/pub/ Management Plan submitted with its
pub_library/srba. growers and handlers, locally
proposal, and as modified upon agreement by
administers the order which regulates
■ 3. Amend appendix B to part 1800 by: the recipient and NASA from time to time
■ a. Under 1800.902 Technical
the handling of apricots grown in
during the course of the period of
Publications and Reports, adding designated counties in Washington.
performance.
paragraph (a)(4); and Assessments upon apricot handlers are
(2) Ensure that any Final Peer-Reviewed
■ b. Adding 1800.929 Indirect Costs and
used by the Committee to fund
Manuscript is submitted to the NASA-
1800.930 Access to Research Results. reasonable and necessary expenses of
designated repository, currently the PubMed
The additions read as follows: the program. The fiscal period begins
Central system at http://
April 1 and ends March 31. The
Appendix B to Part 1800—Terms and www.ncbi.nlm.nih.gov/pmc/. NASA will
assessment rate would remain in effect
Conditions provide instructions for completing the
indefinitely unless modified,
submission process under separate cover.
* * * * * suspended, or terminated.
Ensure that the Final Peer-Reviewed
Manuscript is submitted to PubMed Central DATES: Effective October 28, 2016.
1800.902 Technical Publications and
Reports within one year of completion of the peer FOR FURTHER INFORMATION CONTACT: Dale
* * * * * review process. Novotny, Marketing Specialist, or Gary
(a) * * * (3) Ensure that any publisher’s agreements D. Olson, Regional Director, Northwest
(4) For research and research-related entered into by an Awardee will allow for the Marketing Field Office, Marketing Order
awards, see additional reporting Awardee to comply with these requirements and Agreement Division, Specialty
requirements at 1800.930 Access to Research including submission of Final Peer-Reviewed Crops Program, AMS, USDA;
Results. Manuscripts to the NASA-designated Telephone: (503) 326–2724, Fax: (503)
* * * * * repository, as listed in paragraph (b)(2) of this 326–7440, or Email: DaleJ.Novotny@
term and condition, with sufficient rights to ams.usda.gov or GaryD.Olson@
1800.929 Indirect Costs
permit such repository to use such Final ams.usda.gov.
Prescription—The Grant Officer shall Small businesses may request
Peer-Reviewed Manuscript in its normal
include this term and condition in all awards information on complying with this
with indirect costs, excluding those awards course, including rights to permit users to
to institutions of higher education and to download XML and plain text formats. regulation by contacting Richard Lower,
entities using the 10% de minimis rate. (4) Hereby represent and warrant that Marketing Order and Agreement
Awardee has secured for recipient the right Division, Specialty Crops Program,
Indirect Costs AMS, USDA, 1400 Independence
to submit the Final Peer-Reviewed
Unless otherwise directed in 2 CFR part Manuscript to the NASA-designated Avenue SW., STOP 0237, Washington,
200, if during the course of this award, the repository for use as set forth herein. DC 20250–0237; Telephone: (202) 720–
approved indirect cost rate is revised,
(5) Include in annual and final reports a 2491, Fax: (202) 720–8938, or Email:
changed or removed, that rate must be
applied, as allowed, to the covered direct list of Final Peer-Reviewed Manuscripts Richard.Lower@ams.usda.gov.
costs that are expended during the time covered by this term and condition. SUPPLEMENTARY INFORMATION: This rule
frame of that rate agreement. Any corrections, (End of Term and Condition) is issued under Marketing Agreement
either up or down, to the approved budget [FR Doc. 2016–26014 Filed 10–26–16; 8:45 am] and Order No. 922, both as amended (7
submitted with the awarded application must CFR part 922), regulating the handling
jstallworth on DSK7TPTVN1PROD with RULES
be reflected in the awardees’ records of costs BILLING CODE 7510–13–P
of apricots grown in designated counties
and should be audited as such.
in Washington, hereinafter referred to as
(End of Term and Condition) the ‘‘order.’’ The order is effective under
1800.930 Access to Research Results the Agricultural Marketing Agreement
Prescription—The Grant Officer shall Act of 1937, as amended (7 U.S.C. 601–
include this term and condition in all 674), hereinafter referred to as the
research and research-related awards. ‘‘Act.’’
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![74662 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations
period was provided for in the proposed between the wire and terminal lug, proposed requirements were intended to
rule. subsequent loss of electrical power, and detect incorrectly installed or crimped
an electrical fire. terminal lugs and prevent contact
List of Subjects in 7 CFR Part 922
DATES: This AD is effective December 1, resistance and reduced gastightness
Apricots, Marketing agreements, 2016. between the wire and terminal lug,
Reporting and recordkeeping The Director of the Federal Register subsequent loss of electrical power, and
requirements. approved the incorporation by reference an electrical fire.
For the reasons set forth in the of a certain document listed in this AD The NPRM was prompted by AD No.
preamble, 7 CFR part 922 is amended as as of December 1, 2016. 2015–0044, dated March 13, 2015,
follows: ADDRESSES: For service information issued by EASA, which is the Technical
identified in this final rule, contact Agent for the Member States of the
PART 922—APRICOTS GROWN IN European Union, to correct an unsafe
Airbus Helicopters, 2701 N. Forum
DESIGNATED COUNTIES IN condition for certain serial-numbered
Drive, Grand Prairie, TX 75052;
WASHINGTON Airbus Helicopters Model MBB–BK117
telephone (972) 641–0000 or (800) 232–
■ 1. The authority citation for 7 CFR 0323; fax (972) 641–3775; or at http:// C–2 helicopters. EASA advises that
part 922 continues to read as follows: www.airbushelicopters.com/techpub. terminal lugs with incorrect crimping,
You may review the referenced service which can adversely affect contact
Authority: 7 U.S.C. 601–674. resistance and gastightness of the
information at the FAA, Office of the
■ 2. Section 922.235 is revised to read Regional Counsel, Southwest Region, contact between the wire and the
as follows: 10101 Hillwood Pkwy., Room 6N–321, terminal lug, may have been installed
Fort Worth, TX 76177. It is also on some helicopters in production.
§ 922.235 Assessment rate. EASA advises that this condition, if not
available on the Internet at http://
On or after April 1, 2016, an www.regulations.gov by searching for detected and corrected, could lead to
assessment rate of $1.40 per ton is and locating Docket No. FAA–2016– the loss of electrical power during flight.
established for Washington apricots 5306. Because of this, the EASA AD requires
handled in the production area. a one-time visual inspection of the
Examining the AD Docket terminal lugs and replacement of
Dated: October 19, 2016.
Elanor Starmer, You may examine the AD docket on affected lugs if incorrect crimping is
Administrator, Agricultural Marketing the Internet at http:// found.
Service. www.regulations.gov by searching for
and locating Docket No. FAA–2016– Comments
[FR Doc. 2016–25694 Filed 10–26–16; 8:45 am]
BILLING CODE 3410–02–P
5306; or in person at the Docket We gave the public the opportunity to
Operations Office between 9 a.m. and 5 participate in developing this AD, but
p.m., Monday through Friday, except we received no comments on the NPRM
Federal holidays. The AD docket (81 FR 23656, April 22, 2016).
DEPARTMENT OF TRANSPORTATION
contains this AD, the European Aviation
Safety Agency (EASA) AD, any FAA’s Determination
Federal Aviation Administration
incorporated-by-reference service These helicopters have been approved
14 CFR Part 39 information, the economic evaluation, by the aviation authority of Germany
any comments received, and other and are approved for operation in the
[Docket No. FAA–2016–5306; Directorate information. The street address for the United States. Pursuant to our bilateral
Identifier 2015–SW–010–AD; Amendment Docket Operations Office (phone: 800–
39–18697; AD 2016–22–08]
agreement with Germany, EASA, its
647–5527) is U.S. Department of technical representative, has notified us
RIN 2120–AA64 Transportation, Docket Operations of the unsafe condition described in the
Office, M–30, West Building Ground EASA AD. We are issuing this AD
Airworthiness Directives; Airbus Floor, Room W12–140, 1200 New Jersey because we evaluated all information
Helicopters Deutschland GmbH Avenue SE., Washington, DC 20590. provided by EASA and determined the
Helicopters FOR FURTHER INFORMATION CONTACT: unsafe condition exists and is likely to
AGENCY: Federal Aviation George Schwab, Aviation Safety exist or develop on other helicopters of
Administration (FAA), DOT. Engineer, Safety Management Group, these same type designs and that air
ACTION: Final rule. Rotorcraft Directorate, FAA, 10101 safety and the public interest require
Hillwood Pkwy., Fort Worth, TX 76177; adopting the AD requirements as
SUMMARY: We are adopting a new telephone (817) 222–5110; email proposed.
airworthiness directive (AD) for Airbus george.schwab@faa.gov.
Related Service Information Under 1
Helicopters Deutschland GmbH (Airbus SUPPLEMENTARY INFORMATION: CFR Part 51
Helicopters) Model MBB–BK 117 C–2
helicopters. This AD requires inspecting Discussion We reviewed Airbus Helicopters Alert
each terminal lug and replacing any lug On April 22, 2016, at 81 FR 23656, the Service Bulletin ASB MBB–BK117 C–2–
that has discoloration, corrosion, Federal Register published our notice of 24A–013, Revision 1, dated November
incorrect crimping, or incorrect proposed rulemaking (NPRM), which 25, 2014 (ASB). The ASB specifies a
installation. This AD was prompted by proposed to amend 14 CFR part 39 by visual inspection of the terminal lugs in
jstallworth on DSK7TPTVN1PROD with RULES
the discovery that terminal lugs with adding an AD that would apply to the distribution and diode boxes for
incorrect crimping may have been certain serial-numbered Model MBB–BK correct crimping, damage, discoloration,
installed on these helicopters. The 117 C–2 helicopters. The NPRM corrosion, and correct installation. If
actions of this AD are intended to detect proposed to require inspecting each any deviation is detected, the terminal
incorrectly installed or crimped terminal lug and replacing any lug that lug must be replaced. The ASB also
terminal lugs and prevent contact has discoloration, corrosion, incorrect specifies reporting certain information
resistance and reduced gastightness crimping, or incorrect installation. The to Airbus Helicopters.
VerDate Sep<11>2014 13:32 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.SGM 27OCR1](https://thefederalregister.org/doc/81_FR_74867/page/4.svg)
Document Created: 2016-10-27 01:52:13
Document Modified: 2016-10-27 01:52:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective October 28, 2016. | |
| Contact | Dale Novotny, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 74659 | |
| CFR Associated | Apricots; Marketing Agreements and Reporting and Recordkeeping Requirements |
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