8162 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations

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:

97–04–19 SAAB Aircraft AB: Amendment

39–9944. Docket 96–NM–236–AD.

Applicability: Model SAAB 2000 series

airplanes, serial number 004 through 035

inclusive, equipped with a disconnect unit

having part number (P/N) 7327305–511 or

–512; 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 (b) 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 the disconnect unit from

opening inadvertently, which could lead to

inadequate rudder control, if the engine fails

during take-off or go-around and if the

airplane is at low speed, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, perform a visual inspection to

determine if rudder disconnection has

occurred, in accordance with Saab Service

Bulletin 2000–A27–020, dated March 25,

1996.

(1) If no disconnection has occurred,

within 6 months after the effective date of

this AD, replace the disconnect unit with a

new disconnect unit, in accordance with

Saab Service Bulletin 2000–27–021, Revision

1, dated June 19, 1996. After replacement, no

further action is required by this AD.

(2) If disconnection has occurred, prior to

further flight, replace the disconnect unit

with a new disconnect unit, in accordance

with Saab Service Bulletin 2000–27–021,

Revision 1, dated June 19, 1996. After

replacement, no further action is required by

this AD.

(b) 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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) 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.

(d) The inspection shall be done in

accordance with Saab Alert Service Bulletin

2000–A27–020, dated March 25, 1996. The

replacement shall be done in accordance

with Saab Service Bulletin 2000–27–021,

Revision 1, dated June 19, 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 SAAB

Aircraft AB, SAAB Aircraft Product Support,

S–581.88, Linko ̈ping, Sweden. Copies may be

inspected 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.

(e) This amendment becomes effective on

March 31, 1997.

Issued in Renton, Washington, on February

13, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4198 Filed 2–21–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 97–ACE–3]

Airport Name Change; Johnson

County Industrial Airport, Olathe, KS

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule; amendment.

SUMMARY: This amendment changes the

name of the Johnson County Industrial

Airport, Olathe, KS to New Century

Aircenter, Olathe, KS for the class D and

E5 airspace.

EFFECTIVE DATE: February 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Operations Branch,

ACE–530C, Federal Aviation

Administration, 601 E. 12th St., Kansas

City, MO 64106; telephone (816) 426–

3408.

SUPPLEMENTARY INFORMATION:

History

In February 1995, the name of the

Johnson County Industrial Airport,

Olathe, KS was changes to New Century

Aircenter. FAA Order 7400.9D was not

amended to reflect this change. This

docket amends that Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) amends the name of Johnson

County Industrial Airport to New

Century Aircenter. The FAA has

determined that this regulation only

involves a technical regulations for

which frequent and routine

amendments are necessary to keep them

operationally current. Therefore, it (1) is

not a ‘‘significant regulatory action’’

under Executive Order 12886; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

CFR 11034: February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipate

impact is so minimal. Since this is a

routine matter that will only affect an

airport name, it is certified that this

rule, when promulgated, will not have

a significant economic impact on a
Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Rules and Regulations 8163

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR Part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for Part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g); 40103, 40113,

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 5000 Class D Airspace

* * * * *

ACE KS D Olathe, KS [Amend]

Olathe, New Century Aircenter, KS

(Lat. 38°49′54′′ N., long. 94°53′24′′ W.)

* * * * *

Paragraph 6005 Class E airspace areas

extending from 700 feet or more above the

surface of the earth.

* * * * *

ACE KS E5 Olathe, KS [Amend]

Olathe, New Century Aircenter, KS

(Lat. 38°49′54′′ N., long. 94°53′24′′ W.)

* * * * *

Issued in Kansas City, MO, on February 6,

1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–4501 Filed 2–21–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 131 and 133

[Docket Nos. 95P–0125, 95P–0250, 95P–

0261, and 95P–0293]

Lowfat and Skim Milk Products, Lowfat

Cottage Cheese: Revocation of

Standards of Identity

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; response to objection

and denial of the request for a hearing;

confirmation of effective date.

SUMMARY: The Food and Drug

Administration (FDA) is responding to

objections and is denying the requests

that it received for a hearing on the final

rule removing the standards of identity

for lowfat milk and skim milk as well

as those for other lower-fat dairy

products. After reviewing the objections

to the final rule, the agency has

concluded that the objections do not

raise issues of material fact that justify

granting a hearing. Therefore, FDA is

confirming the effective date for the

final rule. The final rule was based, in

part, on petitions filed jointly by the

Milk Industry Foundation and the

Center for Science in the Public Interest

and on a petition filed by the American

Dairy Products Institute. This action is

also part of the agency’s ongoing review

of existing regulations under President

Clinton’s Regulatory Reinvention

Initiative.

DATES: Effective date confirmed: January

1, 1998. This rule is applicable to all

products initially introduced or initially

delivered for introduction into interstate

commerce on or after this date.

Compliance may begin on November 20,

1996. Any labels or labeling that require

revision as a result of this revocation

shall comply no later than January 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Michelle A. Smith, Center for Food

Safety and Applied Nutrition (HFS–

158), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–205–5099.

SUPPLEMENTARY INFORMATION:

I. Background—The Final Regulation

In the Federal Register of November

20, 1996 (61 FR 58991), FDA issued a

final rule entitled ‘‘Lowfat and Skim

Milk Products, Lowfat and Nonfat

Yogurt Products, Lowfat Cottage Cheese:

Revocation of Standards of Identity;

Food Labeling, Nutrient Content Claims

For Fat, Fatty Acids and Cholesterol

Content of Food’’ which removed the

standards of identity for the following

lower-fat dairy products: Sweetened

condensed skimmed milk (21 CFR

131.122), lowfat dry milk (21 CFR

131.123), evaporated skimmed milk (21

CFR 131.132), lowfat milk (21 CFR

131.135), acidified lowfat milk (21 CFR

131.136), cultured lowfat milk (21 CFR

131.138), skim milk (21 CFR 131.143),

acidified skim milk (21 CFR 131.144),

cultured skim milk (21 CFR 131.146),

sour half-and-half (21 CFR 131.185),

acidified sour half-and-half (21 CFR

131.187), and lowfat cottage cheese (21

CFR 133.131) (the November 1996 final

rule). The final regulation also amended

the standard of identity for dry cream in

21 CFR 131.149 by removing the

reference to 21 CFR 131.135 (the lowfat

milk standard). FDA announced that it

was deferring action, for 120 days, on its

proposal to remove the standards of

identity for lowfat and nonfat yogurt (21

CFR 131.203 and 131.206). Further, the

final rule amended the nutrient content

claims regulations for fat, fatty acids,

and cholesterol content to provide for

‘‘skim’’ as a synonym for ‘‘nonfat’’ when

used in labeling milk products.

Interested persons had until

December 20, 1996, to file written

objections to the revisions in parts 131

and 133 (21 CFR parts 131 and 133) or

to request a hearing on the specific

provisions to which there were

objections. FDA received one letter,

from Mid-America Dairymen, Inc.,

Associated Milk Producers, Inc., and

Swiss Valley Farms (hereinafter referred

to as ‘‘Mid-America’’ or ‘‘the objector’’)

containing objections to portions of the

November 1996 final rule and requests

for a hearing on those objections. Under

section 701(e) of the Federal Food, Drug,

and Cosmetic Act (the act) (21 U.S.C.

371(e)), FDA has carefully considered

the objections and requests for a

hearing, and other responses. The

specific objections and the agency’s

conclusions follow.

II. Standards for Granting a Hearing

Section 701(e) of the act provides that,

within 30 days after publication of an

order relating to standards of identity

for dairy products, any person adversely

affected by such an order may file

objections, specifying with particularity

the provisions of the order ‘‘deemed

objectionable, stating the grounds

therefor,’’ and requesting a public

hearing based upon such objections.

FDA may deny a hearing request if the

objections to the regulation do not raise

genuine and substantial issues of fact

that can be resolved at a hearing

(Community Nutrition Institute v.

Young, 773 F.2d 1356, 1364 (D.C. Cir.

1985), cert. denied, 475 U.S. 1123

(1986)). Specific criteria for determining

whether a request for a hearing is

justified are set forth in 21 CFR 12.24(b).

A party seeking a hearing is required

to meet a ‘‘threshold burden of

tendering evidence suggesting the need

for a hearing.’’ (See Costle v. Pacific

Legal Foundation, 445 U.S. 198, 214–

215 (1980) reh. den., 445 U.S. 947

(1980), citing Weinberger v. Hynson,

Westcott & Dunning, Inc., 412 U.S. 609,

620–621 (1973).) If a hearing request

fails to identify any factual evidence