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

5741

Vol. 62, No. 26

Friday, February 7, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–003–1]

Change in Disease Status of Great

Britain Because of Exotic Newcastle

Disease

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations by removing Great Britain

from the list of countries that are

considered to be free of exotic

Newcastle disease. We are taking this

action based on reports we have

received from the Office International

des Epizooties and Great Britain’s

Ministry of Agriculture, Fisheries, and

Food, which confirm that an outbreak of

exotic Newcastle disease has occurred

in Great Britain. This action restricts the

importation of live birds, poultry, and

poultry products into the United States

from Great Britain.

DATES: Interim rule effective January 31,

1997. Consideration will be given only

to comments received on or before April

8, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–003–1, 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. 97–003–1. 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.

John Cougill, Staff Veterinarian, Animal

Products Program, National Center for

Import and Export, VS, APHIS, 4700

River Road Unit 39, Riverdale, MD

20737–1231, (301) 734–3399; or e-mail:

jcougill@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction into the United States of

various animal diseases, including

exotic Newcastle disease (END). END is

a contagious, infectious, and

communicable disease of birds and

poultry.

Section 94.6(a)(1) of the regulations

provides that END exists in all countries

of the world except those listed in

§ 94.6(a)(2), which have been declared

to be free of END. We will consider

declaring a country to be free of END if

there have been no reported cases of the

disease in that country for at least the

previous 1-year period and no

vaccinations for END have been

administered to poultry in that country

for at least the previous 1-year period.

The Office International des

Epizooties (OIE) and Great Britain’s

Ministry of Agriculture, Fisheries, and

Food, have sent the Animal and Plant

Health Inspection Service (APHIS)

reports that an outbreak of exotic

Newcastle disease has occurred in Great

Britain. After reviewing the reports

submitted by OIE and Great Britain’s

Ministry of Agriculture, Fisheries, and

Food, APHIS has determined to remove

Great Britain from the list of countries

free of END.

Therefore, we are amending

§ 94.6(a)(2) by removing Great Britain

from the list of countries declared to be

free of END. This action prohibits the

importation of live birds and poultry

and restricts the importation into the

United States of carcasses and products

of poultry, game birds, and other birds

from Great Britain.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to prevent the introduction of

END into the United States.

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 if effective upon signature. 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.

This action amends the regulations by

removing Great Britain from the list of

countries that are considered to be free

of exotic Newcastle disease. We are

taking this action based on reports we

have received from OIE and Great

Britain’s Ministry of Agriculture,

Fisheries, and Food, which confirm that

an outbreak of exotic Newcastle disease

has occurred in Great Britain.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 603

and 604) impracticable. This rule may

have a significant economic impact on

a substantial number of small entities. If

we determine this is so, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

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

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.
5742 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

Paperwork Reduction Act

This rule 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 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 94 is

amended as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

§ 94.6 [Amended]

2. In § 94.6, paragraph (a)(2) is

amended by removing the phrase ‘‘Great

Britain (England, Scotland, Wales, and

the Isle of Man),’’.

Done in Washington, DC, this 31st day of

January 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–3091 Filed 2–6–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–233–AD; Amendment

39–9916; AD 97–03–11]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

2000 series airplanes, that requires

modification and sealing of the firezone

compartment of the nacelle of the left

and right engines. This amendment is

prompted by reports indicating that

firezone compartments have not been

completely sealed. The actions specified

by this AD are intended to prevent

flame, fuel, and vapor from entering

compartments behind the firezone

compartment. This condition, if not

corrected, and if combined with a fire

source in the firezone compartment,

could result in an uncontrollable fire

outside the firezone compartment.

DATES: Effective March 14, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 14,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from SAAB Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. 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:

Ruth Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1721; fax (206) 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 Saab Model

SAAB 2000 series airplanes was

published in the Federal Register on

October 28, 1996 (61 FR 55587). That

action proposed to require modification

and sealing of the firezone compartment

of the nacelle of the left and right

engines.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Support for the Proposal

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 3 Saab Model

SAAB 2000 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 6 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will be provided by the manufacturer at

no cost to operators. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $1,080,

or $360 per airplane.

The cost impact figure discussed

above is 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

osignificant ruleo 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.