53532 Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Rules and Regulations

Cattle moved interstate are moved for

slaughter, for use as breeding stock, or

for feeding. Changing the brucellosis

status of California from Class A to Class

Free will promote economic growth by

reducing certain testing and other

requirements governing the interstate

movement of cattle from this State.

Testing requirements for cattle moved

interstate for immediate slaughter or to

quarantined feedlots are not affected by

this change. Cattle from certified

brucellosis-free herds moving interstate

are not affected by this change.

The groups affected by this action will

be herd owners in California, as well as

buyers and importers of cattle from this

State.

There are an estimated 17,900 cattle

herds in California that would be

affected by this rule. All of these are

owned by small entities. Test-eligible

cattle offered for sale interstate from

other than certified-free herds must

have a negative test under present Class

A status regulations, but not under

regulations concerning Class Free status.

If such testing were distributed equally

among all animals affected by this rule,

Class Free status would save

approximately $4 per head.

Therefore, we believe that changing

the brucellosis status of California will

not have a significant economic impact

on the small entities affected by this

interim rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

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

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 ‘‘California,’’

immediately after ‘‘Arizona,’’.

3. In § 78.41, paragraph (b) is

amended by removing ‘‘California,’’.

Done in Washington, DC, this 9th day of

October 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–27257 Filed 10–14–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–142–AD; Amendment

39–10156; AD 97–21–03]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model BAe 125–800A Series Airplanes

and Hawker 800 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Raytheon Model

BAe 125–800A series airplanes and

Hawker 800 series airplanes, that

requires a detailed visual inspection of

the fuel feed hose assemblies of the

auxiliary power unit (APU) to detect

overheating, degradation, proper

routing, and adequate clearance; and the

correction of any discrepancies found.

This amendment also requires

modification of the fuel feed hose of the

APU. This amendment is prompted by

reports of heat damage to the fuel feed

hose assembly of the APU due to

contact between the hose assembly and

hot surfaces. The actions specified by

this AD are intended to prevent heat

damage of the fuel feed hose, which

could lead to a possible fire/smoke

hazard when failure of the hose

assembly occurs and consequent fuel

mist or spray is emitted into the rear

equipment bay.

DATES: Effective November 19, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

19, 1997.

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

(425) 227–2797; 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 Raytheon

Model BAe 125–800A series airplanes

and Hawker 800 series airplanes was

published as a supplemental notice of

proposed rulemaking (NPRM) in the

Federal Register on October 25, 1996

(61 FR 55233). That action proposed to

require a detailed visual inspection of

the fuel feed hose assemblies of the

auxiliary power unit (APU) to detect

overheating, degradation, proper

routing, and adequate clearance; and the

correction of any discrepancies found.

That action also proposed to require

modification of the fuel feed hose of the

APU.

Consideration of Comments Received

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.

Explanation of Change Made to the

Proposal

The FAA has revised the final rule to

reflect the corporate name change of

Beech Aircraft Corporation to Raytheon

Aircraft Company.
Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Rules and Regulations 53533

Conclusion

After careful review of the available

data, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 70 Raytheon

Model BAe 125–800A series airplanes

and Hawker 800 series airplanes of U.S.

registry will be affected by this AD. It

will take approximately 2 work hours

per airplane to accomplish the required

inspection at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the inspection

required by this AD on U.S. operators is

estimated to be $8,400, or $120 per

airplane.

It will take approximately 4 work

hours per airplane to accomplish the

required modification, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$218 per airplane. Based on these

figures, the cost impact of the

modification required by this AD on

U.S. operators is estimated to be

$32,060, or $458 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:

97–21–03 Raytheon Aircraft Company

(Formerly Raytheon Aircraft

Corporation; Beech Aircraft

Corporation; Raytheon Corporate Jets,

Inc.; British Aerospace, PLC;

DeHavilland; Hawker Siddeley):

Amendment 39–10156. Docket 95–NM–

142–AD.

Applicability: Model BAe 125–800A series

airplanes (including military variants C–29A

and U–125) and Hawker 800 series airplanes,

constructor’s numbers 8091 and subsequent;

equipped with Turbomach auxiliary power

unit (APU) (Modification 259404B);

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 (d) 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 heat damage to the fuel feed

hose assemblies of the auxiliary power unit

(APU), which could lead to a possible fire/

smoke hazard if failure of the hose assembly

occurs and fuel mist or spar is consequently

emitted into the rear equipment bay,

accomplish the following:

(a) Within 75 days after the effective date

of this AD, perform a one-time detailed

visual inspection to detect overheating or

degradation of the hose assemblies; to verify

proper routing of fuel feed hose assembly of

the APU; and to verify if adequate clearance

(0.5 inch) exists between the hose assembly

(outlet from the fuel pump box of the APU)

and the left-hand mixer valve/main air valve

assemblies and associated hot air ducting; in

accordance with Hawker Service Bulletin SB.

49–45, dated May 15, 1995.

(1) If any overheating or degradation is

detected, prior to further flight, replace the

hose assembly with a new assembly and

ensure that proper clearance and routing

exists, in accordance with the service

bulletin.

(2) If the clearance of the hose assembly is

improperly routed, prior to further flight, reroute the assembly maintaining proper

clearance, in accordance with the service

bulletin.

(3) If the clearance of the hose assembly is

inadequate and the hose assembly is properly

routed, prior to further flight, adjust the hose

assembly to achieve the 0.5-inch clearance,

in accordance with the service bulletin.

(b) Prior to the accumulation of 200 flight

hours after the effective date of this AD,

modify the fuel feed hose of the APU, in

accordance with Hawker Service Bulletin

SB.49–47–25A825A, dated August 1, 1995.

(c) Accomplishment of the modification of

the fuel feed hose of the APU in accordance

with Hawker Service Bulletin SB.49–47–

25A825A, dated August 1, 1995, constitutes

terminating action for the requirements of

this AD.

(d) 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(e) 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.

(f) The actions shall be done in accordance

with Hawker Service Bulletin SB.49–45,

dated May 15, 1995, and Hawker Service

Bulletin SB.49–47–25A825A, dated August 1,

1995. The incorporation by reference of that

document 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 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.
53534 Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Rules and Regulations

Note 3: The subject of this AD is addressed

in British airworthiness directive 005–05–95.

(g) This amendment becomes effective on

November 19, 1997.

Issued in Renton, Washington, on October

7, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–27089 Filed 10–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

15 CFR Part 400

[Docket No. 97092934–7234–01]; Order No.

929

RIN 0625–AA49

Technical Amendments to Regulations

of the Foreign-Trade Zones Board

AGENCY: Foreign-Trade Zones Board,

International Trade Administration,

Commerce.

ACTION: Final rule.

SUMMARY: The Foreign-Trade Zones

(FTZ) Board adopts the following

technical amendments to its regulations

to reflect recent changes both to the

Foreign-Trade Zones Act of 1934 (‘‘FTZ

Act’’) and in the organizational structure

of the United States Customs Service.

EFFECTIVE DATE: October 15, 1997.

FOR FURTHER INFORMATION CONTACT: John

J. Da Ponte, Jr., Executive Secretary,

Foreign-Trade Zones Board, room 3716,

U.S. Department of Commerce,

Pennsylvania Avenue and 14th Street

NW, Washington, DC 20230 (202/482–

2862).

SUPPLEMENTARY INFORMATION:

Background

The regulations of the Foreign-Trade

Zones Board are amended to conform

with the following changes: (1) An

amendment to the FTZ Act, pursuant to

section 910 of the National Defense

Authorization Act of 1996, Pub. L. 104–

201, 110 Stat. 2422, 2620 (1996), which

removed the Secretary of the Army from

membership on the Foreign-Trade

Zones Board; and 2) recent revisions by

the U.S. Customs Service to its

organizational structure, which

eliminated Regional Commissioner and

District Director positions, broadening

the role of Port Directors.

Classification

This rulemaking action was

determined to be not significant for

purposes of Executive Order 12866. The

Administrative Procedure Act

requirements of notice and comment

and delayed effective date are

unnecessary for these technical

amendments because the FTZ Board has

no discretion in making these

amendments which are required by Pub.

L. 104–201 and reorganization within

the U.S. Customs Service. Because

notice and comment are not required by

5 U.S.C. 553(b)(B) or any other statute

for these technical amendments and

procedures, a regulatory flexibility

analysis is not required and was not

prepared for purposes of the Regulatory

Flexibility Act. This rulemaking

involves information collection

requirements which are cleared under

OMB Control No. 0625–0139 for

purposes of the Paperwork Reduction

Act. Notwithstanding any other

provision of law, no person is required

to respond to nor shall a person be

subject to a penalty for failure to comply

with a collection of information subject

to the requirements of the Paperwork

Reduction Act unless that collection of

information displays a currently valid

OMB Control Number

List of Subjects in 15 CFR Part 400

Administrative practice and

procedure, Confidential business

information, Customs duties and

inspection, Foreign-trade zones,

Harbors, Imports, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 15 CFR part 400 is amended

as set forth below:

PART 400—REGULATIONS OF THE

FOREIGN–TRADE ZONES BOARD

1. The authority for 15 CFR part 400

continues to read as follows:

Authority: Foreign-Trade Zones Act of

June 18, 1934, as amended (Pub. L. 397, 73rd

Congress, 48 Stat. 998–1003 (19 U.S.C. 81a–

81u)).

2. Section 400.2 is revised to read as

follows:

§ 400.2 Definitions.

(a) Act means the Foreign-Trade

Zones Act of 1934, as amended.

(b) Board means the Foreign-Trade

Zones Board, which consists of the

Secretary of the Department of

Commerce (chairman) and the Secretary

of the Treasury, or their designated

alternates.

(c) Customs Service means the United

States Customs Service of the

Department of the Treasury.

(d) Executive Secretary is the

Executive Secretary of the ForeignTrade Zones Board.

(e) Foreign-trade zone is a restrictedaccess site, in or adjacent to a Customs

port of entry, operated pursuant to

public utility principles under the

sponsorship of a corporation granted

authority by the Board and under

supervision of the Customs Service.

(f) Grant of authority is a document

issued by the Board which authorizes a

zone grantee to establish, operate and

maintain a zone project or a subzone,

subject to limitations and conditions

specified in this part and in 19 CFR part

146. The authority to establish a zone

includes the authority to operate and

the responsibility to maintain it.

(g) Manufacturing, as used in this

part, means activity involving the

substantial transformation of a foreign

article resulting in a new and different

article having a different name,

character, and use.

(h) Port Director is normally the

director of Customs for the Customs

jurisdictional area in which the zone is

located.

(i) Port of entry means a port of entry

in the United States, as defined by part

101 of the regulations of the Customs

Service (19 CFR part 101), or a user fee

airport authorized under 19 U.S.C. 58b

and listed in part 122 of the regulations

of the Customs Service (19 CFR part

122).

(j) Private corporation means any

corporation, other than a public

corporation, which is organized for the

purpose of establishing a zone project

and which is chartered for this purpose

under a law of the state in which the

zone is located.

(k) Processing, when referring to zone

activity, means any activity involving a

change in condition of merchandise,

other than manufacturing, which results

in a change in the Customs

classification of an article or in its

eligibility for entry for consumption.

(l) Public corporation means a state, a

political subdivision (including a

municipality) or public agency thereof,

or a corporate municipal

instrumentality of one or more states.

(m) State includes any state of the

United States, the District of Columbia,

and Puerto Rico.

(n) Subzone means a special-purpose

zone established as an adjunct to a zone

project for a limited purpose.

(o) Zone means a foreign-trade zone

established under the provisions of the

Act and these regulations. Where used

in this part, the term also includes

subzones, unless the context indicates

otherwise.

(p) Zone grantee is the corporate

recipient of a grant of authority for a

zone project. Where used in this part,