This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53531

Vol. 62, No. 199

Wednesday, October 15, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 97–082–1]

Brucellosis in Cattle; State and Area

Classifications; California

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

brucellosis regulations concerning the

interstate movement of cattle by

changing the classification of California

from Class A to Class Free. We have

determined that California meets the

standards for Class Free status. This

action relieves certain restrictions on

the interstate movement of cattle from

California.

DATES: Interim rule effective October 15,

1997. Consideration will be given only

to comments received on or before

December 15, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–082–1, 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. 97–082–1. 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.

R.T. Rollo, Jr., Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, Suite 3B08, 4700 River Road

Unit 36, Riverdale, MD 20737–1231,

(301) 734–7709; or e-mail:

rrollo@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella.

The brucellosis regulations, contained

in 9 CFR part 78 (referred to below as

the regulations), provide a system for

classifying States or portions of States

according to the rate of Brucella

infection present, and the general

effectiveness of a brucellosis control and

eradication program. The classifications

are Class Free, Class A, Class B, and

Class C. States or areas that do not meet

the minimum standards for Class C are

required to be placed under Federal

quarantine.

The brucellosis Class Free

classification is based on a finding of no

known brucellosis in cattle for the 12

months preceding classification as Class

Free. The Class C classification is for

States or areas with the highest rate of

brucellosis. Class B and Class A fall

between these two extremes.

Restrictions on moving cattle interstate

become less stringent as a State

approaches or achieves Class Free

status.

The standards for the different

classifications of States or areas entail

(1) maintaining a cattle herd infection

rate not to exceed a stated level during

12 consecutive months; (2) tracing back

to the farm of origin and successfully

closing a stated percent of all brucellosis

reactors found in the course of Market

Cattle Identification (MCI) testing; (3)

maintaining a surveillance system that

includes testing of dairy herds,

participation of all recognized

slaughtering establishments in the MCI

program, identification and monitoring

of herds at high risk of infection

(including herds adjacent to infected

herds and herds from which infected

animals have been sold or received),

and having an individual herd plan in

effect within a stated number of days

after the herd owner is notified of the

finding of brucellosis in a herd he or she

owns; and (4) maintaining minimum

procedural standards for administering

the program.

Before the effective date of this

interim rule, California was classified as

a Class A State.

To attain and maintain Class Free

status, a State or area must (1) remain

free from field strain Brucella abortus

infection for 12 consecutive months or

longer; (2) trace back at least 90 percent

of all brucellosis reactors found in the

course of MCI testing to the farm of

origin; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the 12

consecutive month period immediately

prior to the most recent anniversary of

the date the State or area was classified

Class Free; and (4) have a specified

surveillance system, as described above,

including an approved individual herd

plan in effect within 15 days of locating

the source herd or recipient herd.

After reviewing the brucellosis

program records for California, we have

concluded that this State meets the

standards for Class Free status.

Therefore, we are removing California

from the list of Class A States in

§ 78.41(b) and adding it to the list of

Class Free States in § 78.41(a). This

action relieves certain restrictions on

moving cattle interstate from California.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

interstate movement of cattle from

California.

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 it effective upon publication.

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.

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.
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.