43924 Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Rules and Regulations

effectuate the declared policy of the Act,

and are hereby terminated.

Trustees have been appointed to

continue in the capacity of concluding

and liquidating the affairs of the former

committee. The trustees will be

responsible for completing the order’s

unfinished business, including ensuring

termination of all outstanding

agreements and contracts, and the

payment of all obligations. The trustees

will be responsible for safeguarding

program assets, holding committee

records, and arranging for a financial

audit to be conducted. All such actions

by the trustees are subject to the

approval of the Secretary. Those

designated as trustees are Robert L.

Dickey III, William H. Davidson, and Al

Pearson. The trustees shall continue in

their capacity until discharged by the

Secretary.

The remainder of the reserves, after

immediate expenses are paid, will be

held by the trustees to be used to cover

unforeseen, outstanding expenses

obligated by the trustees.

Section 608c(16)(A) of the Act

requires the Secretary to notify Congress

60 days in advance of the termination of

a Federal marketing order. Congress has

been so notified.

List of Subjects in 7 CFR Part 918

Marketing agreements, Peaches,

Reporting and recordkeeping

requirements.

PART 918—[REMOVED]

For the reasons set forth in the

preamble, and under authority of 7

U.S.C. 601–674, 7 CFR part 918 is

removed.

Dated: August 12, 1997.

Lon Hatamiya,

Administrator.

[FR Doc. 97–21732 Filed 8–15–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–084–1]

Change in Disease Status of the

Dominican Republic Because of Hog

Cholera

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations governing the importation of

swine and pork and pork products by

removing the Dominican Republic from

the list of countries considered to be

free from hog cholera. We are taking this

action based on reports we have

received from the Dominican Republic’s

Ministry of Agriculture that an outbreak

of hog cholera has occurred in the

Dominican Republic. As a result of this

action, there will be additional

restrictions on the importation of pork

and pork products into the United

States from the Dominican Republic,

and the importation of swine from the

Dominican Republic will be prohibited.

DATES: Interim rule effective August 4,

1997. Consideration will be given only

to comments received on or before

October 17, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–084–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–084–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Senior Staff Veterinarian,

Products Program, National Center for

Import and Export, VS, APHIS, 4700

River Road Unit 40, Riverdale, MD

20737–1231, (301) 734–3399.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction of various animal diseases,

including rinderpest, foot-and-mouth

disease, African swine fever, hog

cholera, and swine vesicular disease.

These are dangerous and destructive

communicable diseases of ruminants

and swine. Section 94.9 of the

regulations restricts the importation into

the United States of pork and pork

products from countries where hog

cholera is known to exist. Section 94.10

of the regulations, with certain

exceptions, prohibits the importation of

swine that originate in or are shipped

from or transit any country in which

hog cholera is known to exist. Sections

94.9(a) and 94.10(a) of the regulations

provide that hog cholera exists in all

countries of the world except for certain

countries listed in those sections.

Prior to the effective date of this

interim rule, the Dominican Republic

was included in the lists in §§ 94.9(a)

and 94.10(a) of countries in which hog

cholera is not known to exist. On

August 4, 1997, the Dominican

Republic’s Ministry of Agriculture

reported that an outbreak of hog cholera

had occurred in that country. After

reviewing the reports submitted by the

Dominican Republic’s Ministry of

Agriculture, the Animal and Plant

Health Inspection Service (APHIS) has

determined that it is necessary to

remove the Dominican Republic from

the list of countries considered to be

free of hog cholera.

Therefore, we are amending §§ 94.9(a)

and 94.10(a) by removing the

Dominican Republic from the list of

countries in which hog cholera is not

known to exist. We are making this

amendment effective retroactively to

August 4, 1997, because that is the day

that an outbreak of hog cholera was

confirmed by the Dominican Republic’s

Ministry of Agriculture. As a result of

this action, the importation of swine

from the Dominican Republic is

prohibited, and pork and pork products

from the Dominican Republic will not

be eligible for entry into the United

States unless the pork or pork products

are cooked or cured and dried in

accordance with the regulations.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to prevent the introduction of

hog cholera into the United States.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make this action effective on August

4, 1997. We will consider comments

that are received within 60 days of

publication of this rule in the Federal

Register. After the comment period

closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.
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