Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations 5143

attributable to poultry products. The

rule will help ensure that raw poultry

entering chiller tanks is free of

contamination that may harbor

pathogens and, thus, that there will be

less cross-contamination in the chiller

tanks. FSIS expects that this reduced

cross-contamination will mean that raw

poultry shipped in commerce will have

fewer pathogens and that the risk of

illness due to improper handling of raw

product after it leaves the inspected

establishment will be reduced.

The Administrator, FSIS, has

determined that this final rule will not

have a significant impact on a

substantial number of small entities.

The small entities affected by this rule

are the approximately 220 small poultry

slaughtering establishments that meet

the Small Business Administration size

standard of 500 or fewer employees.

This is a significant number of small

entities but, for reasons given above,

costs to establishments, whether they be

small or large entities, should not be

significantly affected by this rule. Thus,

the rule will not have a significant

impact on a substantial number of small

entities.

Executive Order 12988

This final 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 no retroactive effect; and (3) does

not require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Requirements

The July 13, 1994, proposed rule

required paperwork and recordkeeping

activities that would have provided

FSIS with information to ensure that

establishments were in compliance with

the proposed regulations. As noted

above, however, FSIS is withdrawing

the provisions of the proposal that

would have required such paperwork

and recordkeeping.

List of Subjects in 9 CFR Part 381

Poultry inspection, Poultry and

poultry products.

For the reasons discussed in the

preamble, FSIS is amending part 381 of

the poultry products inspection

regulations as set forth below:

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

1. The authority citation for part 381

continues to read as follows:

Authority: 7 U.S.C. 138f, 450; 21 U.S.C.

451–470; 7 CFR 2.18, 2.53.

Subpart I—Operating Procedures

2. Section 381.65 is amended by

adding a new paragraph (e) to read as

follows:

§ 381.65 Operations and procedures,

generally.

* * * * *

(e) Poultry carcasses contaminated

with visible fecal material shall be

prevented from entering the chilling

tank.

* * * * *

Subpart K—Post Mortem Inspection;

Disposition of Carcasses and Parts

§ 381.76 [Amended]

3. Section 381.76(b)(3)(vi), Table 1—

Definitions of Nonconformances, is

amended in paragraph A–1 by removing

the word ‘‘feces,’’ by removing the end

note from paragraph A–2 regarding

feces, by removing paragraph A–8,

‘‘Feces ≥1⁄8,’’ and by renumbering

paragraphs A–9 through A–20 as A–8

through A–19.

* * * * *

Done at Washington, DC, on Janaury 30,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–2736 Filed 1–30–97; 3:30 pm]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–258–AD; Amendment

39–9913; AD 97–03–07]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model Hawker 800 and 1000 and Model

DH/BH/HS/BAe 125 Series Airplanes

(Including Major Variants C29A, U125,

and U125A Series Airplanes)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Raytheon Model

BAe 125–1A through –1000A series

airplanes and Model Hawker 800 and

1000 airplanes, that currently requires

repetitive inspections to detect fatigue

cracking of the sidestay jack pivots of

the main landing gear (MLG), and

replacement of the sidestay jack pivot

assemblies with new assemblies. This

amendment adds a requirement to

replace the sidestay jack pivot

assemblies with new, improved

assemblies; when accomplished, this

replacement would terminate the

inspection requirements of the AD. This

amendment also expands the

applicability of the existing AD to

include additional airplanes. The

actions specified by this AD are

intended to prevent fatigue fracturing of

the sidestay jack pivots of the MLG,

which could result in the inability of the

MLG to deploy and a consequent

wheels-up landing.

DATES: Effective March 11, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 11,

1997.

The incorporation by reference of

Raytheon Corporate Jets Service Bulletin

SB 32–233, dated June 24, 1994, listed

in the regulations, was approved

previously by the Director of the Federal

Register as of February 3, 1995 (60 FR

330, January 4, 1995).

ADDRESSES: The service information

referenced in this AD may be obtained

from Raytheon Aircraft Company,

Manager Service Engineering, Hawker

Customer Support Department, P.O. Box

85, Wichita, Kansas 67201–0085. 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: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 94–26–12,

amendment 39–9107 (60 FR 330,

January 4, 1995), which is applicable to

certain Raytheon Model BAe 125–1A

through –1000A series airplanes and

Model Hawker 800 and 1000 airplanes,

was published in the Federal Register

on October 18, 1996 (61 FR 54359). The

action proposed to expand the

applicability of the existing AD to

include additional airplanes. It also

proposed to require installation of new,

improved sidestay jack pivot

assemblies, which would constitute

terminating action for the inspection

requirements of this AD.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No
5144 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations

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 550

Raytheon Model BAe 125–1 through

1000A series airplanes and Model

Hawker 1000 airplanes of U.S. registry

that will be affected by this proposed

AD.

The actions that are currently

required by AD 94–26–12 take

approximately 6 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. The

manufacturer is currently supplying

required parts at no cost to the

operators. Based on these figures, the

cost impact of the previously required

actions on U.S. operators is estimated to

be $198,000, or $360 per airplane, per

inspection cycle.

The new (replacement) actions that

are required by this new AD will take

approximately 4 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$1,200 per airplane. Based on these

figures, the cost impact of the new

requirements of this AD on U.S.

operators is estimated to be $792,000, or

$1,440 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

removing amendment 39–9107 (60 FR

330, January 4, 1995), and by adding a

new airworthiness directive (AD),

amendment 39–9913, to read as follows:

97–03–07 Raytheon Aircraft Company

(Formerly Beech, Raytheon Corporate

Jets, British Aerospace, Hawker Siddley,

et al.): Amendment 39–9913. Docket 95–

NM–258–AD. Supersedes AD 94–26–12,

Amendment 39–9107.

Applicability: Model Hawker 800 and 1000

and Model DH/BH/HS/BAe 125 series

airplanes (including major variants C29A,

U125, and U125A series airplanes); equipped

with main landing gear (MLG) sidestay

assemblies on which Post-Mod 252091 steel

jack pivots have 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

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 (f) 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.

Note 2: Raytheon Model BAe 125 series

800B and BAe 125–1000B airplanes are

similar in design to the airplanes that are

subject to the requirements of this AD and,

therefore, also may be subject to the unsafe

condition addressed by this AD. However, as

of the effective date of this AD, those models

are not type certificated for operation in the

United States. Airworthiness authorities of

countries in which the Model BAe 125 series

800B and BAe 125–1000B airplanes are

approved for operation should consider

adopting corrective action, applicable to

those models, that is similar to the corrective

action required by this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the inability of the MLG to

deploy and a consequent wheels-up landing,

accomplish the following:

Note 3: Paragraph (a) of this AD restates the

requirements of AD 94–26–12. As allowed by

the phrase, ‘‘unless accomplished

previously,’’ if the initial inspection required

by that AD has been accomplished

previously, paragraph (a) of this AD does not

require that initial inspection to be repeated.

(a) For Raytheon Model Hawker 800 and

1000 and Model DH/BH/HS/BAe 125–1A

through –1000A series airplanes equipped

with MLG sidestay assemblies on which

Post-Mod 252091 steel jack pivots have been

installed, except for airplanes as specified in

paragraph (d) of this AD: Perform a detailed

visual inspection, using a 10X magnifier, to

detect cracking of the sidestay assembly jack

pivot of the left and right MLG, in accordance

with Raytheon Corporate Jets Service

Bulletin SB 32–233, dated June 24, 1994;

Revision 1, dated July 8, 1994; or Revision 2,

dated July 28, 1995; at the latest of the times

specified in paragraph (a)(1), (a)(2), or (a)(3)

of this AD.

(1) Within 28 days after February 3, 1995

(the effective date of AD 94–26–12,

Amendment 39–9107); or

(2) Prior to the accumulation of 3,000 total

landings on the sidestay assembly since new;

or

(3) Prior to the accumulation of 1,000 total

landings since overhaul of the sidestay

assembly.

(b) For Raytheon Model Hawker 800 and

1000 and Model DH/BH/HS/BAe 125–1A

through –1000A series airplanes equipped

with MLG sidestay assemblies on which

Post-Mod 252091 steel jack pivots (part

numbers 25UM1199A, 25UM1229A, and

258UM87–1A) have been installed prior to

June 24, 1994, except for airplanes as

specified in paragraph (d) of this AD:

(1) If no cracks are found during the

inspection required by paragraph (a) of this

AD, and the sidestay assembly has been

overhauled prior to the accomplishment of

the inspection, accomplish the requirements

of paragraphs (b)(1) and (b)(2) of this AD at

the times specified.

(i) Repeat the inspection specified in

paragraph (a) of this AD within 1,000

landings after accomplishing the initial

inspection, and thereafter at intervals not to

exceed 1,000 landings, in accordance with

Raytheon Corporate Jets Service Bulletin SB

32–233, dated June 24, 1994; Revision 1,

dated July 8, 1994; or Revision 2, dated July

28, 1995.

(ii) Prior to the accumulation of 4,000 total

landings on the jack pivot assembly since the

sidestay assembly was new or last

overhauled, or within 300 landings after the

effective date of this AD, whichever occurs
Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations 5145

later: Replace the jack pivot assembly with a

new, improved assembly, in accordance with

Raytheon Corporate Jets Service Bulletin

SB.32–233–3597A, dated July 28, 1995.

Accomplishment of this replacement

constitutes terminating action for the

inspection requirements of this AD.

(2) If no cracks are found during the

inspection required by paragraph (a) of this

AD, and the sidestay assembly has not been

overhauled prior to accomplishment of that

inspection: Prior to the accumulation of

4,000 total landings on the jack pivot

assembly, or within 300 landings after the

effective date of this AD, whichever occurs

later, replace the jack pivot assembly with a

new, improved assembly, in accordance with

Raytheon Corporate Jets Service Bulletin SB

32–233, Revision 2, dated July 28, 1995.

Accomplishment of this replacement

constitutes terminating action for the

inspection requirements of this AD.

(c) For Raytheon Model Hawker 800 and

1000 and Model DH/BH/HS/BAe 125–1A

through –1000A series airplanes equipped

with MLG sidestay assemblies on which

Post-Mod 252091 steel jack pivots (part

numbers 25UM1199A, 25UM1229A, and

258UM87–1A) have been installed on June

24, 1994, or later, except for airplanes as

specified in paragraph (d) of this AD: Replace

the jack pivot assembly with a new,

improved assembly in accordance with

Raytheon Corporate Jets Service Bulletin

SB.32–233–3597A, dated July 28, 1995, at the

later of the times specified in paragraph (c)(1)

or (c)(2) of this AD. Accomplishment of this

replacement constitutes terminating action

for the inspection requirements of this AD.

(1) Prior to the accumulation of 2,000 total

landings since installation of Post Mod

252091 steel jack pivots. Or

(2) Within 1,000 landings after the effective

date of this AD.

(d) For all Raytheon Model BAe 125 Series

800A C29A, U125, and Hawker 800 U125A

airplanes on which Post Mod 252091 steel

jack pivots (part numbers 25UM1199A,

25UM1229A, and 258UM87–1A) have been

installed: Accomplish paragraphs (d)(1) and

(d)(2) of this AD at the times specified in

those paragraphs.

(1) Perform a detailed visual inspection,

using a 10X magnifier, to detect cracking of

the sidestay assembly jack pivot of the leftand right-hand MLG, in accordance with

Raytheon Corporate Jets Service Bulletin SB

32–233, Revision 2, dated July 28, 1995, at

the later of the times specified in paragraph

(d)(1)(i) or (d)(1)(ii) of this AD. Thereafter,

repeat this inspection at intervals not to

exceed 200 landings, until the requirements

of paragraph (d)(2) of this AD are

accomplished.

(i) Prior to the accumulation of 1,200 total

landings since the installation of a steel jack

pivot (Post Mod 252091). Or

(ii) Within 56 days or within 200 landings

after the effective date of this AD, whichever

occurs first.

(2) Prior to the accumulation of 2,000 total

landings on the jack pivot, or within 300

landings after the effective date of this AD,

whichever occurs later: Replace the sidestay

jack pivot assembly with a new, improved

assembly (part numbers 25UM1335–1A and

25–8UM173–1A) in accordance with

Raytheon Corporate Jets Service Bulletin

SB.32–233–3597A, dated July 28, 1995.

Accomplishment of this replacement

constitutes terminating action for the

inspection requirements of this AD.

(e) If any crack is detected during any

inspection required by this AD, replace the

sidestay jack pivot assembly with a new,

improved assembly (part numbers

25UM1335–1A and 25–8UM173–1A) in

accordance with Raytheon Corporate Jets

Service Bulletin SB.32–233–3597A, dated

July 28, 1995, at the time specified in

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

applicable. Accomplishment of this

replacement constitutes terminating action

for the inspection requirements of this AD.

(1) For airplanes on which a crack is

detected that does not exceed the limits

specified in the service bulletin, replace the

assembly at the later of the times specified

in paragraph (e)(1)(i) or (e)(1)(ii) of this AD.

(i) Within 100 landings after the effective

date of this AD. Or;

(ii) Within 100 landings after the initial

detection of the cracking.

(2) For airplanes on which a crack is

detected that exceeds the limits specified in

the service bulletin, prior to further flight,

replace the assembly in accordance with the

service bulletin.

(f) 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, 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.

(g) 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.

(h) The actions shall be done in accordance

with the following Raytheon Corporate Jets

service bulletins, which contain the specified

list of effective pages:

Service bulletin referenced and date Page No. Revision level

shown on page

Date shown on

page

SB 32–233, June 24, 1994 ............................................................................................ 1–10 ....................... Original ............. June 24, 1994.

SB 32–233 Revision 1, July 8, 1994 ............................................................................. 1, 2, 5 ....................

3, 4, 6–10 ..............

1 .......................

Original .............

July 8, 1994.

June 24, 1994.

SB 32–233 Revision 2, July 28, 1995 ........................................................................... 1–4, 6, 7, 9 ............

5 .............................

8, 10 .......................

2 .......................

1 .......................

Original .............

July 28, 1995.

July 8, 1994.

June 24, 1994.

SB.32–233–3597A, July 28, 1995 ................................................................................. 1–8 ......................... Original ............. July 28, 1995.

The incorporation by reference of Raytheon

Corporate Jets Service Bulletin SB 32–233,

dated June 24, 1994, 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 February 3, 1995 (60

FR 330, January 4, 1995). The incorporation

by reference of the remainder of the service

documents listed above is 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 Raytheon

Aircraft Company, Manager Service

Engineering, Hawker Customer Support

Department, P.O. Box 85, Wichita, Kansas

67201–0085. 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.

(i) This amendment becomes effective on

March 11, 1997.

Issued in Renton, Washington, on January

27, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2518 Filed 2–3–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–86–AD; Amendment

39–9914; AD 97–03–08]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Model 4101 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Jetstream Model