Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60161

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 92, 93, 94, 95, 96, 97, 98,

and 130

[Docket No. 94–106–10]

RIN O579–AA71

Importation of Animals and Animal

Products; Public Meeting

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of public meeting.

SUMMARY: We are advising the public

that the Animal and Plant Health

Inspection Service will host a public

meeting to discuss the agency’s plans

for implementing a final rule and policy

statement on the importation of animals

and animal products that were

published in the Federal Register on

October 28, 1997.

DATES: The public meeting will be held

on November 21, 1997, from 9:00 a.m.

to noon.

ADDRESSES: The public meeting will be

held at the USDA Center at Riverside,

Conference Room D, 4700 River Road,

Riverdale, MD. Parking is available next

to the building for a $2.00 fee (have

quarters or $1.00 bills). The nearest

Metro station is the College Park station

on the Green Line, and it is within

walking distance.

FOR FURTHER INFORMATION CONTACT: Dr.

Gary Colgrove, Chief Staff Veterinarian,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 38,

Riverdale, MD 20737–1231, (301) 734–

8590.

SUPPLEMENTARY INFORMATION:

Background

On October 28, 1997, the Animal and

Plant Health Inspection Service (APHIS)

published a final rule in the Federal

Register (62 FR 56000–56026, Docket

No. 94–106–9) that establishes

procedures and a regulatory framework

for recognizing regions, rather than only

countries, for the purpose of importing

animals and animal products into the

United States. The final rule also

establishes procedures by which regions

may request permission to export

animals and animal products to the

United States under specified

conditions, based on the regions’

disease status. The final rule is

scheduled to become effective on

November 28, 1997. A notice published

in the same issue of the Federal Register

(62 FR 56027–56033, Docket No. 94–

106–8) sets forth our policy on

regionalization. The policy statement

and regulations are in accordance with

international trade agreements entered

into by the United States.

The public meeting on November 21,

1997, in Riverdale, MD, will provide an

opportunity for APHIS to discuss its

plans for implementing the final rule

and policy on regionalization. All

interested persons are invited to attend.

Done in Washington, DC, this 5th day of

November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–29644 Filed 11–6–97; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 325

Capital Maintenance

CFR Correction

In Title 12 of the Code of Federal

Regulations, parts 300 to 499, revised as

of Jan. 1, 1997, page 174, Part 325,

Appendix A, section II. C is corrected by

adding paragraphs 1 through 4 after the

first paragraph under Category 3 as

follows:

Appendix A to Part 325—Statement of

Policy on Risk-Based Capital

* * * * *

II. * * *

C. * * *

Category 3-50 Percent Risk Weight. *

* *

(1) The purchaser is an individual(s)

who intends to occupy the residence

and is not a partnership, joint venture,

trust, corporation, or any other entity

(including an entity acting as a sole

proprietorship) that is purchasing one or

more of the homes for speculative

purposes;

(2) The builder must incur at least the

first ten percent of the direct costs (i.e.,

actual costs of the land, labor, and

material) before any drawdown is made

under the construction loan and the

construction loan may not exceed 80

percent of the sales price of the presold

home;

(3) The purchaser has made a

substantial ‘‘earnest money deposit’’ of

no less than three percent of the sales

price of the home and the deposit must

be subject to forfeiture if the purchaser

terminates the sales contract; and

(4) The earnest money deposit must

be held in escrow by the bank financing

the builder or by an independent party

in a fiduciary capacity and the escrow

agreement must provide that, in the

event of default arising from the

cancellation of the sales contract by the

buyer, the escrow funds must first be

used to defray any costs incurred by the

bank.

* * * * *

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–87–AD; Amendment 39–

10193; AD 97–23–05]

RIN 2120–AA64

Airworthiness Directives; Avions

Pierre Robin Model R3000 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Avions Pierre Robin

Model R3000 airplanes. This AD

requires replacing the attachment bolt

between the pitch control cables and

control column lever with a bolt of

improved design. This AD is the result

of mandatory continued airworthiness

information (MCAI) issued by the

airworthiness authority for France. The

actions specified in this AD are

intended to prevent the pitch control

cables on the control column from

becoming jammed due to failure of the

attachment bolt, which could result in

a reduction in the directional

controllability of the airplane.

DATES: Effective December 1, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

1, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–87–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Avions

Pierre Robin, 1, route de Troyes, 21121

Darois-France; telephone: 03 80 44 20

50; facsimile: 03 80 35 60 80. This

information may also be examined at

the Federal Aviation Administration
60162 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–87–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Karl M. Schletzbaum, Aerospace

Engineer, Small Airplane Directorate,

Airplane Certification Service, FAA,

1201 Walnut, suite 900, Kansas City,

Missouri 64106; telephone (816) 426–

6932; facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to Issuance of the

Proposed AD

The Direction Generale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

recently notified the FAA that an unsafe

condition may exist on all Avion Pierre

Robin Model R3000 airplanes. The

DGAC reports an incident where the

operator of one of these airplanes

discovered unusual wear of the pitch

control cables to the control column.

Further examination revealed that the

attachment bolt between the pitch

control cables and control column lever

had failed. This condition, if not

corrected in a timely manner, could

cause the pitch control cables on the

control column to jam and result in a

reduction in the directional

controllability of the airplane.

Relevant Service Information

Avions Pierre Robin has issued

Service Bulletin No.146, Revision 1,

dated September 26, 1996, which

specifies procedures for replacing the

attachment bolt between the pitch

control cables and control column lever,

part number (P/N) 95.13.19.000, with a

bolt of improved design, P/N

27.36.03.140.

The DGAC classified this service

bulletin as mandatory and issued

French AD 96–167(A)R1, dated

December 4, 1996, in order to assure the

continued airworthiness of these

airplanes in France.

The FAA’s Determination

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above.

The FAA has examined the findings

of the DGAC; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of This

AD

Since an unsafe condition has been

identified that is likely to exist or

develop on other Pierre Robin Model

R3000 airplanes of the same type design

registered in the United States, the FAA

is issuing an AD. This AD requires

replacing the attachment bolt between

the pitch control cables and control

column lever, part number (P/N)

95.13.19.000, with a bolt of improved

design, P/N 27.36.03.140.

Accomplishment of the replacement

required by this AD is in accordance

with the previously referenced service

bulletin.

Cost Impact

None of the Avions Pierre Robin

airplanes affected by this action are on

the U.S. Register. All airplanes included

in the applicability of this rule currently

are operated by non-U.S. operators

under foreign registry; therefore, they

are not directly affected by this AD

action. However, the FAA considers this

rule necessary to ensure that the unsafe

condition is addressed in the event that

any of these subject airplanes are

imported and placed on the U.S.

Register.

Should an affected airplane be

imported and placed on the U.S.

Register, accomplishment of the

required actions would take

approximately 3 workhours at an

average labor charge of $60 per

workhour. Parts to accomplish the

replacement cost $20. Based on these

figures, the total cost impact of this AD

would be $200 per airplane that would

become registered in the United States.

The Effective Date of This AD

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, notice

and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and opportunity for public

comment, comments are invited on this

rule. Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

shall identify the Rules Docket number

and be submitted in triplicate to the

address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended in light of the

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–87–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60163

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 a new airworthiness directive

(AD) to read as follows

97–23–05 Avions Pierre Robin:

Amendment 39–10193; Docket No. 97–

CE–87–AD.

Applicability: Model R3000 airplanes, all

serial numbers, 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 (c) 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 prior to further

flight after the effective date of this AD,

unless already accomplished.

To prevent the pitch control cables on the

control column from becoming jammed due

to failure of the attachment bolt, which could

result in a reduction in the directional

controllability of the airplane, accomplish

the following:

(a) Replace the attachment bolt between

the pitch control cables and control column

lever, part number (P/N) 95.13.19.000 (or

FAA-approved equivalent part number), with

a bolt of improved design, P/N 27.36.03.140

(or FAA-approved equivalent part number),

in accordance with Avions Pierre Robin

Service Bulletin No. 146, Revision 1, dated

September 26, 1996.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

should be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) The replacement required by this AD

shall be done in accordance with Avions

Pierre Robin Service Bulletin No. 146,

Revision 1, dated September 26, 1996. This

incorporation by reference 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 Avions

Pierre Robin, 1, route de Troyes, 21121

Darois-France. Copies may be inspected at

the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri, or at the Office

of the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

Note 3: The subject of this AD is addressed

in French AD 96–167(A)R1, dated December

4, 1996.

(e) This amendment (39–10193) becomes

effective on December 1, 1997.

Issued in Kansas City, Missouri, on

October 29, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–29232 Filed 11–6–97; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Parts 1615 and 1616

Standards for Flammability of

Children’s Sleepwear: Sizes 0 Through

6X and 7 Through 14; Stay of

Enforcement; Extension

AGENCY: Consumer Product Safety

Commission.

ACTION: Extension of Stay of

Enforcement.

SUMMARY: This document announces the

Commission’s decision to extend the

stay of enforcement of sleepwear

requirements involving garments

currently used or likely to be used as

sleepwear if these garments are skintight or nearly skin-tight, similar in

design, material, and fit to underwear,

and are labeled as ‘‘underwear.’’

DATES: The stay which first became

effective on January 13, 1993 (published

at 58 FR 4178, January 13, 1993), and

was extended at 59 FR 53584, October

25, 1994, and 61 FR 47412, September

9, 1996, will continue in effect until

June 9, 1998.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Fairall, Office of Compliance

and Enforcement, Consumer Product

Safety Commission, Washington, DC

20207; telephone (301) 504–0400,

extension 1369.

SUPPLEMENTARY INFORMATION: On

January 13, 1993, the Commission

published a document announcing that

for certain garments it would stay

enforcement of its Standard for the

Flammability of Children’s Sleepwear:

Sizes 0–6x (16 CFR part 1615) and the

Standard for the Flammability of

Children’s Sleepwear Sizes 7–14 (16

CFR part 1616). The Commission stated

that it would not enforce the sleepwear

flammability standards against garments

used by children for sleeping that are:

(1) Skin-tight or nearly skin-tight; (2)

manufactured from fabrics such as rib

knit, interlock knit, or waffle knit; (3)

relatively free of ornamentation; and (4)

labeled and marketed as ‘‘underwear.’’

The stay was part of the Commission’s

effort to amend its sleepwear regulations

to exempt certain tight-fitting garments

and infant garments from the sleepwear

standards. The stay was published on

the same day as an advance notice of

proposed rulemaking beginning the

proceeding to exempt these garments.

See 58 FR 4111. The Commission has

since published a proposed rule (59 FR

53616) and a final rule (61 FR 47634)

exempting certain tight-fitting and

infant garments from the sleepwear

flammability standards.

While the Commission was

considering amending the standard and

to allow time for the industry to adjust

to the exemption, the Commission

extended the stay of enforcement when

it issued the proposed rule (59 FR

53584) and the final rule (61 FR 47412).

The Commission is extending the stay 3

months, from March 9, 1998 to June 9,

1998 for the garments described above.

The Commission is taking this action

because the March 9 date falls in the

middle of a retail cycle. Without the

extension, retailers and manufacturers

believe that in the same selling season

they would need to offer and make

garments that are acceptable under the

stay for the first half of the season and

garments that meet the tight fitting

requirements for the second half. This

could be burdensome for some

companies and make it more difficult to

insure compliance of manufactured/

marketed garments. The Commission

does not believe that extending the stay

3 months will adversely affect the

industry or consumer safety.

Garments covered by the stay must

meet applicable requirements of the

Standard for the Flammability of