Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations 43925

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

This action amends the regulations by

removing the Dominican Republic from

the list of countries that are considered

to be free of hog cholera. We are taking

this action based on reports we have

received from the Dominican Republic’s

Ministry of Agriculture, which confirm

that an outbreak of hog cholera has

occurred in the Dominican Republic.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule would have a significant

economic impact on a substantial

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has

retroactive effect to August 4, 1997; and

(3) does not require administrative

proceedings before parties may file suit

in court challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 94 is

amended as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

§ 94.9 [Amended]

2. In § 94.9, paragraph (a) is amended

by removing the words ‘‘Dominican

Republic,’.

§ 94.10 [Amended]

3. In § 94.10, paragraph (a) is

amended by removing the words

‘‘Dominican Republic,’’.

Done in Washington, DC, this 12th day of

August 1997.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–21797 Filed 8–15–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–178–AD; Amendment

39–10101; AD 97–16–09]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace BAe Model ATP Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain British Aerospace

BAe Model ATP airplanes, that requires

modification of the hydraulic system,

and a revision to the Airplane Flight

Manual (AFM) to include revised

procedures for lowering the landing

gear. This amendment is prompted by a

report of uncommanded application of

the brakes when the direct current (DC)

hydraulic pump was selected ON with

the main hydraulic system operative;

this situation was caused by build-up of

back pressure in the brake supply and

hydraulic return systems. The actions

specified by this AD are intended to

prevent uncommanded application of

the brakes during landing, as a result of

the build-up of back pressure.

DATES: Effective September 22, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

22, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Jetstream Aircraft, Inc., P.O. Box

16029, Dulles International Airport,

Washington, DC 20041–6029. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2148; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain British

Aerospace BAe Model ATP airplanes

was published in the Federal Register

on April 4, 1997 (62 FR 16113). That

action proposed to require modification

of the hydraulic system. The action also

proposed to require revisions to the

Emergency and Abnormal Procedures

Sections of the FAA-approved AFM to

include revised procedures for lowering

the landing gear.

Explanation of Changes Made to the

Proposal

The FAA has revised the final rule to

reflect the corporate name change of

Jetstream Aircraft Limited to British

Aerospace Regional Aircraft.

Consideration of Comments Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 10 British

Aerospace BAe Model ATP airplanes of

U.S. registry will be affected by this AD.

It will take approximately 25 work

hours per airplane to accomplish the

required modification, at an average

labor rate of $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to operators.

Based on these figures, the cost impact

of the modification required by this AD

on U.S. operators is estimated to be

$15,000, or $1,500 per airplane.

It will take approximately 1 work

hour per airplane to accomplish the

required AFM revisions, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the
43926 Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations

AFM revisions required by this AD on

U.S. operators is estimated to be $600,

or $60 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–16–09 British Aerospace Regional

Aircraft (Formerly, Jetstream Aircraft

Limited; British Aerospace (Commercial

Aircraft) Limited]: Amendment 39–10101.

Docket 96–NM–178–AD.

Applicability: BAe Model ATP airplanes,

having constructor’s numbers 2002 through

2063 inclusive; on which Jetstream

Modification 10303A (Jetstream Service

Bulletin ATP 32–41) has been installed;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent uncommanded application of

the brakes during landing, accomplish the

following:

(a) Within 60 days of the effective date of

this AD, accomplish paragraphs (a)(1) and

(a)(2) of this AD in accordance with Jetstream

Service Bulletin ATP–29–12, dated

September 9, 1995.

(1) Modify the hydraulic system; and

(2) Revise the Emergency and Abnormal

Procedures Sections of the FAA-approved

Airplane Flight Manual (AFM) to include the

information specified in Temporary Revision

No. T/52, Issue 1, dated August 16, 1995,

which introduces revised procedures for

lowering the landing gear, as specified in the

temporary revision; and operate the airplane

in accordance with those limitations and

procedures.

Note 2: Paragraph 1.K. of Jetstream Service

Bulletin ATP–29–12, dated September 9,

1995, references Temporary Revision No. T/

52 as an additional source of service

information for revising the AFM.

Note 3: This may be accomplished by

inserting a copy of Temporary Revision No.

T/52 in the AFM. When this temporary

revision has been incorporated into general

revisions of the AFM, the general revisions

may be inserted in the AFM, provided the

information contained in the general

revisions is identical to that specified in

Temporary Revision No. T/52.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The actions shall be done in accordance

with Jetstream Service Bulletin ATP–29–12,

dated September 9, 1995; and Temporary

Revision No. T/52, Issue 1, dated August 16,

1995. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Jetstream Aircraft, Inc., P.O. Box 16029,

Dulles International Airport, Washington, DC

20041–6029. Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington, or at

the Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

September 22, 1997.

Issued in Renton, Washington, on July 29,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–21740 Filed 8–15–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–65–AD; Amendment 39–

10105; AD 97–17–03]

RIN 2120–AA64

Airworthiness Directives; Ayres

Corporation S2R Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 97–13–11,

which currently requires inspecting the

1⁄4-inch and 5⁄16-inch bolt hole areas on

the lower spar caps for fatigue cracking

on Ayres S2R series airplanes, and

replacing any lower spar cap if fatigue

cracking is found. That AD resulted

from an accident on an Ayres S2R series

airplane where the wing separated from

the airplane in flight. AD 97–13–11

incorrectly references the Ayres Model

S2R-R1340 airplanes as Model S2R–

1340R. This AD requires the same

actions as AD 97–13–11, but corrects the

designation of the Model S2R-R1340

airplanes. The actions specified by this

AD are intended to detect fatigue

cracking of the lower spar caps, which,

if not corrected, could result in the wing

separating from the airplane with