Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations 65009

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

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.

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.).

Regulatory Reform

This action is part of the President’s

Regulatory Reform Initiative, which,

among other things, directs agencies to

remove obsolete and unnecessary

regulations and to find less burdensome

ways to achieve regulatory goals.

List of Subjects

7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

7 CFR Part 320

Imports, International boundaries,

Mexico, Plant diseases and pests,

Quarantine, Transportation.

7 CFR Part 330

Customs duties and inspection,

Imports, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

7 CFR Part 352

Customs duties and inspection,

Imports, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 7 CFR, chapter III, is

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

continues to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

§ 319.8–27 [Removed]

2. Section 319.8–27, ‘‘Applicability of

Mexican Border Regulations,’’ is

removed.

§ 319.69a [Amended]

3. In § 319.69a, paragraph (c), the

reference to ‘‘§ 319.37’16a’’ is removed

and a reference to ‘‘§ 319.37–9’’ is added

in its place.

PART 320—[REMOVED]

4. Under the authority of 7 U.S.C. 149

and 150ee and 21 U.S.C. 136 and 136a,

7 CFR, chapter III, is amended by

removing ‘‘PART 320—MEXICAN

BORDER REGULATIONS’’.

PART 330—FEDERAL PLANT PEST

REGULATIONS; GENERAL; PLANT

PESTS; SOIL, STONE, AND QUARRY

PRODUCTS; GARBAGE

5. The authority citation for part 330

is revised to read as follows:

Authority: 7 U.S.C. 147a, 149, 150bb,

150dd-150ff, 161, 162, 164a, 450, 2260; 19

U.S.C. 1306; 21 U.S.C. 111, 114a; 136 and

136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and

4332; 7 CFR 2.22, 2.80, and 371.2(c).

§ 330.105 [Amended]

6. In § 330.105, paragraph (a), third

sentence, the reference to ‘‘320,’’ is

removed.

§ 330.300 [Amended]

7. Section § 330.300 is amended as

follows:

a. In the introductory text, by

removing the reference to ‘‘, § 319.37–

16a,’’ in the first sentence, and by

removing the entire last sentence.

b. In paragraph (a), by removing the

reference to ’’, § 319.37–16a,’’ and the

words ’’, or part 320’’.

PART 352—PLANT QUARANTINE

SAFEGUARD REGULATIONS

8. The authority citation for part 352

continues to read as follows:

Authority: 7 U.S.C. 149, 150bb, 150dd,

150ee, 150ff, 154, 159, 160, 162, and 2260;

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7

CFR 2.22, 2.80, and 371.2(c).

§ 352.1 [Amended]

9. In § 352.1, paragraphs (b)(14),

(b)(15), (b)(16), and (b)(24), the reference

to ‘‘320,’’ is removed.

§ 352.2 [Amended]

10. In § 352.2, in paragraph (a), the

first sentence, and in paragraph (b), the

reference to ‘‘320,’’ is removed.

§ 352.5 [Amended]

11. In § 352.5, paragraph (d), the

reference to ‘‘320,’’ is removed both

times it appears.

§ 352.10 [Amended]

12. In § 352.10, the reference to ‘‘320,’’

is removed in the following places.

a. Paragraph (a), third sentence.

b. Paragraph (b)(1), sixth sentence.

c. Paragraph (b)(2), second sentence.

§ 352.13 [Amended]

13. In § 352.13, the reference to ‘‘320,’’

is removed.

Done in Washington, DC, this 4th day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–32245 Filed 12–9–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–120–AD; Amendment

39–10238; AD 97–25–14]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–100, –200, and –300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–100, –200, and –300

series airplanes, that requires repetitive

inspections of certain refuel/defuel tube

assemblies in the engine nacelles for

fuel leakage, and corrective action, if

necessary. This amendment will also

require eventual modification of all tube

assemblies, which will terminate the

repetitive inspections. This amendment

is prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent fuel leaks and

consequent increased risk of engine

fires.
65010 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations

DATES: Effective January 14, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 14,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bombardier, Inc., Canadair,

Aerospace Group, P.O. Box 6087,

Station A, Montreal, Quebec H3C 3G9,

Canada. 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 FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Richard Fiesel, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, FAA, New York Aircraft

Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7504; fax

(516) 256–2716.

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 de

Havilland Model DHC–8–100, –200, and

–300 series airplanes was published in

the Federal Register on October 6, 1997

(62 FR 52051). That action proposed to

require repetitive inspections of certain

refuel/defuel tube assemblies in the

engine nacelles for fuel leakage, and

corrective action, if necessary. It also

proposed to require eventual

modification of all tube assemblies,

which would terminate the repetitive

inspections.

Comments

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.

Conclusion

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 95 Model

DHC–8–100, –200, and –300 series

airplanes of U.S. registry will be affected

by this AD.

The inspection will take

approximately 6 work hours per

airplane to accomplish, 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 $34,200, or

$360 per airplane, per inspection cycle.

The modification (specified in Part 2

of the Accomplishment Instructions in

the referenced alert service bulletin)

will take approximately 15 work hours

per airplane to accomplish, at an

average labor rate of $60 per work hour.

Required parts will cost approximately

$500. Based on these figures, the cost

impact of the modification required by

this AD on U.S. operators is estimated

to be $133,000, or $1,400 per airplane.

The modification (specified in Part 3

of the Accomplishment Instructions in

the referenced service bulletin) will take

approximately 36 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$1,600 per airplane. Based on these

figures, the cost impact of the

modification required by this AD on

U.S. operators is estimated to be

$357,200, or $3,760 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:

97–25–14 De Havilland, Inc.: Amendment

39–10238. Docket 97–NM–120–AD.

Applicability: Model DHC–8–100, –200,

and –300 series airplanes; as listed in

Bombardier Alert Service Bulletin S.B. A8–

28–20, Revision ‘A,’ dated September 10,

1996; 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 (f) 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 fuel leaks and consequent

increased risk of engine fires, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, inspect the five refuel/defuel tube

assemblies in the engine nacelles to detect

fuel leaks, in accordance with Part 1 of the

Accomplishment Instructions of Bombardier

Alert Service Bulletin S.B. A8–28–20,

Revision ‘A’, dated September 10, 1996. If

any fuel leak is found, prior to further flight,

replace the refuel/defuel tube assembly with

an improved assembly, in accordance with

the alert service bulletin. Thereafter, repeat

the inspection at intervals not to exceed 6

months.

(b) Within 12 months after the effective

date of this AD, modify the refuel/defuel tube

assembly located under the exhaust

fingernail on the engine nacelle, as specified

in Part 2 of the Accomplishment Instructions

of Bombardier Alert Service Bulletin S.B.

A8–28–20, Revision ‘A,’ dated September 10,
Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations 65011

1996, in accordance with the procedures

specified in the alert service bulletin.

(c) Within 24 months after the effective

date of this AD, modify the remaining refuel/

defuel tube assemblies, as specified in Part 3

of the Accomplishment Instructions of

Bombardier Alert Service Bulletin S.B. A8–

28–20, Revision ‘A,’ dated September 10,

1996, in accordance with the procedures

specified in the alert service bulletin.

(d) Accomplishment of the modifications

required by paragraphs (b) and (c) of this AD

constitutes terminating action for the

repetitive inspections required by paragraph

(a) of this AD.

(e) As of the effective date of this AD, no

person shall install a refuel/defuel tube

assembly having part number 82820107–007,

82821015–003, 82820108–005, 82820245–

001, 82820246–001, 82820247–001, or

82821014–001, on any airplane.

(f) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(g) Special flight permits may be issued in

accordance with §§ 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.

(h) The actions shall be done in accordance

with Bombardier Alert Service Bulletin S.B.

A8–28–20, Revision ‘A,’ dated September 10,

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 Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station A, Montreal,

Quebec H3C 3G9, Canada. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street, Third

Floor, Valley Stream, New York; 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 Canadian airworthiness directive CF–96–

14, dated August 20, 1996.

(i) This amendment becomes effective on

January 14, 1998.

Issued in Renton, Washington, on

December 2, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32118 Filed 12–9–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–104–AD; Amendment

39–10237; AD 97–25–13]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace BAe Model ATP Airplanes

and Model HS 748 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain British Aerospace

BAe Model ATP airplanes and all Model

HS 748 series airplanes, that requires

inspection of the main hydraulic

accumulator for corrosion, and

corrective actions, if necessary. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

detect and correct such corrosion,

which could result in loss of certain

hydraulic system functions, including

nose wheel steering, hydraulic lowering

of the landing gear, and main wheel

brakes, which are essential for safe

operation of the airplane.

DATES: Effective January 14, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 14,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from AI(R) American Support, Inc.,

13850 McLearen Road, Herndon,

Virginia 20171. 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:

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: 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 British

Aerospace BAe Model ATP airplanes

and all Model HS 748 series airplanes

was published in the Federal Register

on August 20, 1997 (62 FR 44244). That

action proposed to require inspection of

the main hydraulic accumulator for

corrosion, and corrective actions, if

necessary.

Comments

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.

Conclusion

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 10 British

Aerospace BAe Model ATP airplanes of

U.S. registry will be affected by this AD,

that it will take approximately 1 work

hour per airplane to accomplish the

required actions, and that the average

labor rate is $60 per work hour. Based

on these figures, the cost impact of the

AD on U.S. operators is estimated to be

$600, or $60 per airplane.

Currently, there are no British

Aerospace Model HS 748 series

airplanes on the U.S. Register. However,

should an affected airplane be imported

and placed on the U.S. Register in the

future, it would take approximately 1

work hour per airplane to accomplish

the required actions, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the AD

would be $60 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