Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19653

§ 78.41(b) and adding it to the list of

Class Free States in § 78.41(a). This

action relieves certain restrictions on

moving cattle interstate from Georgia.

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 warranted to

remove unnecessary restrictions on the

interstate movement of cattle from

Georgia.

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 it effective upon publication in

the Federal Register. 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.

Cattle moved interstate are moved for

slaughter, for use as breeding stock, or

for feeding. Changing the brucellosis

status of Georgia from Class A to Class

Free will promote economic growth by

reducing certain testing and other

requirements governing the interstate

movement of cattle from this State.

Testing requirements for cattle moved

interstate for immediate slaughter or to

quarantined feedlots are not affected by

this change. Cattle from certified

brucellosis-free herds moving interstate

are not affected by this change.

The groups affected by this action will

be herd owners in Georgia, as well as

buyers and importers of cattle from this

State.

There are an estimated 27,000 cattle

herds in Georgia that would be affected

by this rule. All of these are owned by

small entities. Test-eligible cattle offered

for sale interstate from other than

certified-free herds must have a negative

test under present Class A status

regulations, but not under regulations

concerning Class Free status. If such

testing were distributed equally among

all animals affected by this rule, Class

Free status would save approximately

$4 per head.

Therefore, we believe that changing

the brucellosis status of Georgia will not

have a significant economic impact on

the small entities affected by this

interim rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

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

in conflict 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 document 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 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 78 is

amended as follows:

PART 78—BRUCELLOSIS

1. The authority citation for part 78

continues to read as follows:

Authority: 21 U.S.C. 111–114a–1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.2(d).

§ 78.41 [Amended]

2. In § 78.41, paragraph (a) is

amended by adding ‘‘Georgia,’’

immediately after ‘‘Florida,’’.

3. In § 78.41, paragraph (b) is

amended by removing ‘‘Georgia,’’.

Done in Washington, DC, this 15th day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–10559 Filed 4–20–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–52–AD; Amendment

39–10481; AD 98–09–02]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Helicopter Systems Model 369

(YOH–6A), 369A (OH–6A), 369D, 369E,

369F, 369FF, 369H, 369HE, 369HM,

369HS, and 500N Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to McDonnell Douglas

Helicopter Systems (MDHS) Model 369

(YOH–6A), 369A (OH–6A), 369D, 369E,

369F, 369FF, 369H, 369HE, 369HM, and

369HS helicopters, that currently

requires replacing overrunning clutch

outer races (outer races) having certain

heat treatment numbers. This

amendment requires replacing all outer

races with airworthy outer races,

regardless of the heat treatment number,

and is applicable to a particular model

helicopter that was not included in the

existing AD (Model 500N helicopters).

This amendment is prompted by several

reports of failed clutch races having heat

treatment numbers other than the ones

addressed in the earlier AD. The actions

specified by this AD are intended to

prevent failure of the overrunning

clutch assembly outer race, which could

result in loss of engine drive to the rotor

system and a subsequent forced landing.

DATES: Effective May 6, 1998. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of May 6, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

June 22, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 97–SW–52–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

The service information referenced in

this AD may be obtained from

McDonnell Douglas Helicopter Systems,

Technical Publications, Bldg. 530/B11,

5000 E. McDowell Road, Mesa, Arizona

85205–9797. This information may be

examined at the FAA, Office of the

Regional Counsel, Southwest Region,
19654 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations

2601 Meacham Blvd., Room 663, Fort

Worth, Texas 76137; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Mr.

Bruce Conze, Aerospace Engineer, FAA,

Los Angeles Aircraft Certification

Office, Airframe Branch, 3960

Paramount Boulevard, Lakewood,

California 90712, telephone (562) 627–

5261, fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: On April

15, 1988, the FAA issued AD 88–10–04,

Amendment 39–5897 (53 FR 16384,

May 9, 1988) to require replacing outer

races, part number (P/N) 369A5352,

serial number (S/N) 0692 through 0927,

with airworthy outer races in

accordance with paragraphs a through g

of the Procedures section of McDonnell

Douglas Helicopter Company Service

Information Notice HN–215/DN–156/

EN–46/FN–34, dated March 18, 1988.

On March 17, 1989, the FAA issued AD

88–10–04 R1, Amendment 39–6173 (54

FR 12590, March 28, 1989), to limit the

scope of AD 88–10–04, to require

replacing only outer races, P/N

369A5352, S/N 0692 through 0927,

having heat treatment (HT) number HT

255534. The revision to AD 88–10–04

was prompted by a determination that

only outer races with heat treatment

batch numbers ‘‘HT 255534’’ had been

improperly processed during

manufacture. That condition, if not

corrected, could result in failure of the

overrunning clutch assembly outer race,

loss of engine drive to the rotor system

and a subsequent forced landing.

Since the issuance of that AD and the

revision to the AD, MDHS has received

additional reports of failed outer races

with heat treatment numbers other than

HT 255534. Additionally, the FAA has

determined that the AD should also be

applicable to the Model 500N

helicopter. This model was not in

existence when the previous AD was

issued.

Since an unsafe condition has been

identified that is likely to exist or

develop on other MDHS Model 369,

369A, 369D, 369E, 369F, 369FF, 369H,

369HE, 369HM, 369HS, 500N, YOH–6A,

and OH–6A, helicopters of the same

type design, this AD supersedes AD 88–

10–04 and the revision, AD 88–10–04

R1, to require, within the next 50 hours

time-in-service (TIS), removing the

outer races, P/N 369A5352, S/N 0692

through S/N 0927, and replacing it with

airworthy outer races, P/N 369A5352–5,

together with a wave washer, P/N

W1593–018. The short compliance time

involved is required because the

previously described critical unsafe

condition can result in a forced landing

of the helicopter. Therefore, the

replacement of parts is required within

the next 50 hours TIS, and this AD must

be issued immediately.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

The FAA estimates that 2000 MDHS

Model 369, 369A, 369D, 369E, 369F,

369FF, 369H, 369HE, 369HM, 369HS,

500N, YOH–6A, and OH–6A helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 2

hours to accomplish the parts

replacement, and that the average labor

rate is $60 per hour. Required parts will

cost approximately $1,614 per

helicopter. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $3,468,000.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an 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 should 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–SW–52–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979).

If it is determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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

removing Amendment 39–5897 (53 FR

16384, May 9, 1988) and Amendment

39–6173 (54 FR 12590, March 28, 1989),

and by adding a new airworthiness

directive (AD), Amendment 39–10481,

to read as follows:

AD 98–09–02 McDonnell Douglas Helicopter

Systems: Amendment 39–10481. Docket

No. 97–SW–52–AD. Supersedes AD 88–

10–04, Amendment 39–5897 and AD 88–

10–04 R1, Amendment 39–6173.

Applicability: Model 369, 369A, 369D,

369E, 369F, 369FF, 369H, 369HE, 369HM,
Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19655

369HS, 500N, YOH–6A, and OH–6A

helicopters, certificated in any category.

Note 1: This AD applies to each helicopter

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

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within 50 hours

time-in-service after the effective date of this

AD, unless accomplished previously.

To prevent failure of the overrunning

clutch assembly outer race, which could

result in loss of engine drive to the rotor

system and a subsequent forced landing,

accomplish the following:

(a) Inspect the overrunning clutch outer

race, part number (P/N) 369A5352, to

determine its serial number (S/N) in

accordance with paragraphs A through C of

the Accomplishment Instructions contained

in McDonnell Douglas Helicopter Systems

Service Information Notice HN–215.2, DN–

156.2, EN–46.2, FN–34.2, NN–010, dated

March 18, 1997 (service information notice).

(b) Remove any overrunning clutch outer

race, P/N 369A5352, having a S/N of 0692

through 0927, and replace it with an

airworthy overrunning clutch outer race, P/

N 369A5352–5, together with a wave washer,

P/N W1593–018, in accordance with the

service information notice.

(c) 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, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(d) 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 helicopter

to a location where the requirements of this

AD can be accomplished.

(e) The inspection and replacement shall

be done in accordance with McDonnell

Douglas Helicopter Systems Service

Information Notice HN–215.2, DN–156.2,

EN–46.2, FN–34.2, NN–010, dated April 11,

1997. 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 McDonnell Douglas Helicopter Systems,

Technical Publications, Bldg. 530/B11, 5000

E. McDowell Road, Mesa, Arizona 85205–

9797. Copies may be inspected at the FAA,

Office of the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room 663, Fort

Worth, Texas; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(f) This amendment becomes effective on

May 6, 1998.

Issued in Fort Worth, Texas, on April 14,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–10461 Filed 4–20–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS BLUE RIDGE (LCC

19) is a vessel of the Navy which, due

to its special construction and purpose,

cannot fully comply with certain

provisions of the 72 COLREGS without

interfering with its special functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: 31 March 1998.

FOR FURTHER INFORMATION CONTACT:

Captain R.R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, Virginia,

22332–2400, Telephone Number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS BLUE

RIDGE (LCC 19) is a vessel of the Navy

which, due to its special construction

and purpose, cannot fully comply with

the following specific provisions of 72

COLREGS without interfering with its

special function as an amphibious

command vessel: Annex I, section 3(a),

pertaining to the location of the forward

masthead light in the forward quarter of

the ship; and the horizontal distance

between the forward and after masthead

lights. The Deputy Assistant Judge

Advocate General (Admiralty) of the

Navy has also certified that the lights

involved are located in closest possible

compliance with the applicable 72

COLREGS requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water),

Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Five of § 706.2 is amended by

revising the entry for USS BLUE RIDGE

to read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *