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

61433

Vol. 62, No. 222

Tuesday, November 18, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–115–1]

Change in Disease Status of Belgium

Because of BSE

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations by adding Belgium to the list

of countries where bovine spongiform

encephalopathy (BSE) exists because the

disease has been detected in a cow in

that country. The effect of this action is

to prohibit or restrict the importation of

ruminants which have been in Belgium

and certain fresh, chilled, and frozen

meat, and certain other animal products

and animal byproducts from ruminants

which have been in Belgium. This

action is necessary to reduce the risk

that BSE could be introduced into the

United States.

DATES: Interim rule effective October 31,

1997. Consideration will be given only

to comments received on or before

January 20, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–115–1, 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. 97–115–1. 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 40, Riverdale, MD

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

jcougill@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR parts 92, 94,

and 95 (referred to below as the

regulations) govern the importation of

certain animals, birds, poultry, meat,

animal products, animal byproducts,

hay, and straw into the United States in

order to prevent the introduction of

various animal diseases, including

bovine spongiform encephalopathy

(BSE).

BSE is a neurological disease of

bovine animals and other ruminants and

is not known to exist in the United

States.

It appears that BSE is primarily

spread through the use of ruminant feed

containing protein and other products

from ruminants infected with BSE.

Therefore, BSE could become

established in the United States if

materials carrying the BSE agent, such

as certain meat, animal products, and

animal byproducts from ruminants in

countries in which BSE exists, are

imported into the United States and are

fed to ruminants in the United States.

BSE could also become established in

the United States if ruminants from

countries in which BSE exists are

imported.

Sections 94.18 and 95.4 of the

regulations prohibit and restrict the

importation of certain meat, animal

products, and animal byproducts from

ruminants which have been in countries

in which BSE exists. These countries are

listed in § 94.18 of the regulations.

Furthermore, § 92.404(a)(3) states that

the Animal and Plant Health Inspection

Service may deny the importation of

ruminants from countries where a

communicable disease such as BSE

exists.

Belgium’s Ministry of Agriculture has

reported a case of BSE in Belgium. BSE

was confirmed by histopathological

examination according to standardized

procedures for the diagnosis of BSE.

Belgium’s Ministry of Agriculture

confirmed that BSE was in a cow born

in Belgium. The exposure of this animal

to the BSE agent could only have

occurred in Belgium. In order to reduce

the risk of introducing BSE into the

United States, we are, therefore, adding

Belgium to the list of countries where

BSE is known to exist. Thus, we are

prohibiting or restricting the

importation into the United States of

ruminants which have been in Belgium,

and certain fresh, chilled, and frozen

meat, and certain other animal products

and animal byproducts from ruminants

which have been in Belgium.

We are making this action effective

retroactively to October 31, 1997, as that

was the day on which the case of BSE

was reported by Belgium’s Ministry of

Agriculture. This effective date is

necessary to ensure that the prohibitions

and restrictions established by this rule

apply to ruminants, as well as fresh,

chilled, and frozen meat, and certain

other animal products and animal

byproducts from ruminants that have

been shipped to the United States from

Belgium on or after October 31, 1997.

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 necessary to

prevent the introduction of BSE 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 this rule effective on October

31, 1997. 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 adds Belgium to the list of

countries where BSE exists. We are
61434 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

taking this action based on reports we

have received from Belgium’s Ministry

of Agriculture, which confirmed that a

case of BSE has occurred in Belgium.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule will have a significant

economic impact on a substantial

number of small entities, 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

retroactive effect to October 31, 1997;

and (3) does not require administrative

proceedings before parties may file suit

in court challenging this rule.

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).

§ 94.18 [Amended]

2. In § 94.18, paragraph (a) is

amended by adding the word

‘‘Belgium,’’ immediately before

‘‘France,’’.

Done in Washington, DC, this 12th day of

November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–30230 Filed 11–17–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–284–AD; Amendment

39–10208; AD 97–24–01]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Dornier Model 328–100

series airplanes. This action requires

repetitive inspections to detect

migration or damage of the bushings of

the main landing gear (MLG) trailing

arm, and replacement of any damaged

or displaced bushing. This amendment

is prompted by reports indicating that

damagedor displaced bushings have

been found on several MLG trailing

arms of Dornier Model 328–100 series

airplanes. The actions specified in this

AD are intended to prevent failure of the

bushings of the MLG trailing arm, which

could result in collapse of the MLG

during landing.

DATES: Effective December 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

3, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 18, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

284–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Dornier

Deutsche Aerospace, P.O. Box 1103, D–

82230 Wessling, Federal Republic of

Germany. This information may be

examined 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.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on all

Dornier Model 328–100 series airplanes.

The LBA advises that fatigue damaged

or displaced bushings have been found

on several main landing gear (MLG)

trailing arms. This condition, if not

corrected, could result in collapse of the

MLG during landing.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletin ASB–328–32–019, dated

September 17, 1997, which describes

procedures for repetitive visual

inspections to detect damage or

migration of the bushings of the MLG

trailing arm, and replacement of any

damaged or displaced bushing. The LBA

advises that it considers this alert

service bulletin to be mandatory, and

that it is in the process of issuing a

German airworthiness directive to

assure the continued airworthiness of

these airplanes in Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to require

accomplishment of the actions specified

in the alert service bulletin described

previously, except as discussed below.