Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48477

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

in conflict with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This document contains no

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 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 78 is

amended as follows:

PART 78—BRUCELLOSIS

1. The authority citation for part 78

continues to read as follows:

Authority: 21 U.S.C. 111–114a–1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.2(d).

§ 78.41 [Amended]

2. In § 78.41, paragraph (a) is

amended by adding ‘‘Kentucky,’’

immediately after ‘‘Iowa,’’.

3. In § 78.41, paragraph (b) is

amended by removing ‘‘Kentucky,’’.

Done in Washington, DC, this 4th day of

September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–24435 Filed 9–15–97; 8:45 am]

BILLING CODE 3410–34–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 105

Standards of Conduct and Employee

Restrictions and Responsibilities

AGENCY: Small Business Administration

(SBA).

ACTION: Final rule.

SUMMARY: The Small Business

Administration (SBA) regulations

currently designate the Deputy General

Counsel as the Designated Agency

Ethics Official (DAEO). The Agency has

now appointed a different official as the

DAEO and has determined that a

regulation is not required to implement

this appointment. This amendment

eliminates the paragraph that formerly

designated the Deputy General Counsel

as the DAEO, and amends a paragraph

which identified the Deputy General

Counsel as also serving as the Agency

Standards of Conduct Counselor to now

identify the DAEO as serving that role.

DATES: This rule becomes effective

September 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Robinson S. Nunn, Chief Counsel for

Ethics, (202) 205–6867.

SUPPLEMENTARY INFORMATION: The

following amendments will be made to

13 CFR Part 105:

Section 105.402 Standards of Conduct

Counselors

(a) Replaces ‘‘Deputy General

Counsel’’ with ‘‘Designated Agency

Ethics Official, as appointed by the

Administrator,’’ and eliminates

reference to the Associate General

Counsel for General Law (AGC) as an

Assistant Standards of Conduct

Counselor.

Section 105.403 Designated Agency

Ethics Officials

Strikes (a) in full, and makes the

existing text of (b) the only text under

Section 105.403.

This final rule reflects an internal

policy change resulting from a March

1997 reorganization in the Office of

General Counsel and must be effective

immediately. Therefore, SBA is

publishing the rule without opportunity

for prior public comment.

Compliance with Executive Order

12612, 12778, and 12866, the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. And

the Paperwork Reduction Act, 44 U.S.C.

Ch. 35.

SBA certifies the following:

For purposes of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq., this

final rule does not have a significant

economic impact on a substantial

number of small entities.

This final rule does not constitute a

significant regulatory action for

purposes of Executive Order 12866,

since the change is not likely to result

in an annual effect on the economy of

$100 million or more.

This final rule does not impose

additional reporting or record keeping

requirements which would be subject to

the Paperwork Reduction Act, 44 U.S.C.

Chapter 35.

This final rule does not have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with Executive Order

12612.

This final rule is drafted, to the extent

practicable, in accordance with the

standards set forth in section 1 of

Executive Order 12778.

List of Subjects in 13 CFR Part 105

Employee restrictions and

responsibilities, Small Business

Administration, Standards of conduct.

Accordingly, SBA is amending Part

105, Title 13 of the Code of Federal

Regulations as follows:

PART 105—[AMENDED]

1. The authority citation for Part 105

continues to read as follows:

Authority: 5 U.S.C. 7301; 15 U.S.C. 634,

637(a)(18) and (a)(19), 642 and 645(a).

§ 105.402 [Amended]

2. Section 105.402(a) is amended by

removing ‘‘Deputy General Counsel’’

and adding in its place, ‘‘Designated

Agency Ethics Official, as appointed by

the Administrator,’’ in the first sentence,

and by changing the second sentence to

read as follows: ‘‘Assistant Standards of

Conduct Counselors may be designated

by the Standards of Conduct

Counselor.’’

§ 105.403 [Amended]

3. Section 105.403(a) is removed in

full. Existing § 105.403(b) is

redesignated as § 105.403.

Aida Alvarez,

Administrator.

[FR Doc. 97–24507 Filed 9–15–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–48–AD; Amendment

39–10132; AD 97–19–11]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 (Regional Jet

Series 100) Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Bombardier Model

CL–600–2B19 series airplanes, that

currently requires revising the

Limitations Section of the Airplane

Flight Manual (AFM) to provide the

flight crew with procedures to check the

travel range of the aileron. That AD also

requires inspection for damage of the

shear pins of the aileron flutter damper

and aileron hinge fittings, and various

follow-on actions. This amendment

adds a requirement for accomplishment
48478 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

of an installation that eliminates the

need for the AFM revision. This

amendment also adds airplanes to the

applicability of the existing AD. This

amendment is prompted by reports of

failure of shear pins in the aileron

flutter damper. The actions specified by

this AD are intended to prevent damage

to the aileron hinge fittings due to failed

shear pins, and consequent reduced

controllability of the airplane.

DATES: Effective October 21, 1997.

The incorporation by reference of

Canadair Service Bulletin S.B. 601R–

27–065, dated September 16, 1996, as

listed in the regulations, is approved by

the Director of the Federal Register as of

October 21, 1997.

The incorporation by reference of

Canadair Regional Jet Alert Service

Bulletin S.B. A601R–27–058, Revision

‘A,’ dated September 8, 1995, as listed

in the regulations, was approved

previously by the Director of the Federal

Register as of January 4, 1996 (60 FR

65521, December 20, 1995).

ADDRESSES: The service information

referenced in this AD may be obtained

from Bombardier, Inc., Canadair

Aerospace Group, P.O. Box 6087,

Station Centre-ville, Quebec H3C 3G9,

Canada. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7526; fax

(568) 258–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 95–26–07,

amendment 39–9465 (60 FR 65521,

December 20, 1995), which is applicable

to certain Bombardier Model CL–600–

2B19 series airplanes, was published in

the Federal Register on April 15, 1997

(62 FR 18302). The action proposed to

continue to require a revision to the

Limitations Section of the Airplane

Flight Manual (AFM) to provide the

flight crew with procedures to check the

travel range of the aileron. It also

proposed to continue to require

inspection for damage of the shear pins

of the aileron flutter damper and aileron

hinge fittings, and various follow-on

actions. In addition, the action proposed

to add a requirement for

accomplishment of an installation that

eliminates the need for the AFM

revisions, and to add airplanes to the

applicability of the existing AD.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 41

Bombardier Model CL–600–2B19 series

airplanes of U.S. registry that will be

affected by this AD.

The actions that are currently

required by AD 95–26–07 take

approximately 10 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

currently required actions on U.S.

operators is estimated to be $24,600, or

$600 per airplane.

The new actions that are required in

this AD action will take approximately

7 work hours per airplane to

accomplish, at an average labor rate of

$60 per work hour. Required parts will

be supplied by the manufacturer at no

cost to the operators. Based on these

figures, the cost impact of the

requirements of this AD on U.S.

operators is estimated to be $17,220, or

$420 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the current or proposed 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

removing amendment 39–9465 (60 FR

65521, December 20, 1995), and by

adding a new airworthiness directive

(AD), to read as follows:

97–19–11 Bombardier, Inc. (Formerly

Canadair): Amendment 39–10132.

Docket 97–NM–48–AD. Supersedes AD

95–26–07, Amendment 39–9465.

Applicability: Model CL–600–2B19

(Regional Jet Series 100) series airplanes,

serial numbers 7003 through 7134 inclusive;

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 (i) 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 damage to the aileron hinge

fittings due to failure of the shear pins, and
Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48479

consequent reduced controllability of the

airplane, accomplish the following:

Restatement of Actions Required by AD 95–

26–07

(a) For airplanes having serial numbers

7003 through 7079 inclusive: Within 7 days

after January 4, 1996 (the effective date of AD

95–26–07, amendment 39–9465), revise the

Limitations Section of the FAA-approved

Airplane Flight Manual (AFM) to include the

following. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘Before engine start, prior to the first flight

of each day, the flight crew or certificated

maintenance personnel shall perform a check

of the travel range of the aileron as follows:

Aileron—Check travel range (to approx 1/2

travel) using each hydraulic system in

turn, with the other hydraulic systems

depressurized.’’

Note 2: This AFM revision may also be

accomplished by inserting a copy of

Temporary Revision RJ/45, dated September

7, 1995, or Temporary Revision RJ/45–2,

dated April 30, 1996, in the AFM. When

these temporary revisions have 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 RJ/

45 or RJ/45–2.

Note 3: Operators should note that

operation of the aircraft remains restricted to

the altitude and airspeed limits currently

specified in the FAA-approved AFM,

Revision 34, Chapter 5, Abnormal

Procedures, Section 13, Hydraulic Power,

Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’

through ‘‘O.’’

(b) For airplanes having serial numbers

7003 through 7079 inclusive: Perform a

visual inspection to detect damage of the

shear link, the shear pin, and the aileron

attachment fitting, in accordance with

Canadair Regional Jet Alert Service Bulletin

S.B. A601R–27–058, Revision ’A,’ dated

September 8, 1995, at the time specified in

paragraph (b)(1) or (b)(2) of this AD, as

applicable.

(1) For airplanes having serial numbers

7003 through 7054 inclusive: Inspect at the

next scheduled shear pin replacement, but no

later than 30 days after January 4, 1996.

(2) For airplanes having serial numbers

7055 through 7079 inclusive: Inspect at the

next scheduled shear pin replacement, but no

later than 400 flight hours after January 4,

1996.

(c) If no shear pin is found to be damaged

during the inspection required by paragraph

(b) of this AD, accomplish the requirements

of either paragraph (c)(1) or (c)(2), as

applicable, at the times specified:

(1) For airplanes having serial numbers

7003 through 7054 inclusive: At the next

scheduled shear pin replacement, but no

later than 400 flight hours after

accomplishing the inspection specified in

paragraph (b) of this AD, remove the aileron

flutter dampers, shear link, and pivot, in

accordance with Canadair Regional Jet Alert

Service Bulletin S.B. A601R–27–058,

Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers, the

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(2) For airplanes having serial numbers

7055 through 7079 inclusive: Repeat the

inspection required by paragraph (b) of this

AD at intervals not to exceed 400 flight

hours. At the next scheduled shear pin

replacement, but no later than 1,500 landings

after accomplishing the initial inspection

specified in paragraph (b) of this AD, remove

the aileron flutter dampers, shear link, and

pivot, in accordance with Canadair Regional

Jet Alert Service Bulletin S.B. A601R–27–

058, Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers, the

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(d) If any shear pin is found to be damaged

during the inspection required by paragraph

(b) of this AD, prior to further flight, remove

the aileron flutter dampers, shear link, and

pivot, in accordance with Canadair Regional

Jet Alert Service Bulletin S.B. A601R–27–

058, Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers,

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(e) If any aileron hinge fitting is found to

be damaged during the inspection required

by paragraph (b) of this AD, prior to further

flight, repair in accordance with Canadair

Regional Jet Alert Service Bulletin S.B.

A601R–27–058, Revision ‘A,’ dated

September 8, 1995.

New Actions Required by this AD

(f) For airplanes having serial numbers

7080 through 7134 inclusive: Within 7 days

after the effective date of this AD, revise the

Limitations Section of the FAA-approved

AFM to include the following. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘Before engine start, prior to the first flight

of each day, the flight crew or certificated

maintenance personnel shall perform a check

of the travel range of the aileron as follows:

Aileron—Check travel range (to approx 1⁄2

travel) using each hydraulic system in turn,

with the other hydraulic systems

depressurized.’’

Note 4: This AFM revision may also be

accomplished by inserting a copy of

Temporary Revision RJ/45–2, dated April 30,

1996, 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 RJ/45–2.

Note 5: Operators should note that

operation of the aircraft remains restricted to

the altitude and airspeed limits currently

specified in the FAA-approved AFM,

Revision 34, Chapter 5, Abnormal

Procedures, Section 13, Hydraulic Power,

Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’

through ‘‘O.’’

(g) For airplanes having serial numbers

7003 through 7134 inclusive: Within 18

months after the effective date of this AD,

install redesigned aileron flutter damper

shear pins and shear links, aileron flutter

dampers, pivots, and new shear link

assemblies; in accordance with Canadair

Service Bulletin S.B. 601R–27–065, dated

September 16, 1996. Accomplishment of this

installation constitutes terminating action for

the AFM revisions required by paragraphs (a)

and (f) of this AD.

(h) As of the effective date of this AD, no

person shall install an aileron flutter damper

assembly, part number 600–10179–1, on any

airplane.

(i) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 6: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(j) 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.

(k) The inspections, removal, and repair

shall be done in accordance with

[Canadair Regional Jet Alert Service

Bulletin S.B. A601R–27–058, Revision ‘A,’

dated September 8, 1995. The incorporation

by reference of that document was approved

previously by the Director of the Federal

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

and 1 CFR part 51, as of January 4, 1996 (60

FR 65521, December 20, 1995). The

installation shall be done in accordance with

Canadair Service Bulletin S.B. 601R–27–065,

dated September 16, 1996. The incorporation

by reference of this document is approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies of either document may be

obtained from Bombardier, Inc., Canadair

Aerospace Group, P.O. Box 6087, Station

Centreville, Quebec H3C 3G9, Canada.

Copies may be inspected at the Federal

Aviation Administration (FAA), Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at FAA, Engine

and Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street, Third

Floor, Valley Stream, New York; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(l) This amendment becomes effective on

October 21, 1997.

Issued in Renton, Washington, on

September 9, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–24341 Filed 9–15–97; 8:45 am]

BILLING CODE 4910–13–U