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

19169

Vol. 63, No. 74

Friday, April 17, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 98–036–1]

Brucellosis in Cattle; State and Area

Classifications; Alabama

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

brucellosis regulations concerning the

interstate movement of cattle by

changing the classification of Alabama

from Class A to Class Free. We have

determined that Alabama meets the

standards for Class Free status. This

action relieves certain restrictions on

the interstate movement of cattle from

Alabama.

DATES: Interim rule effective April 14,

1998. Consideration will be given only

to comments received on or before June

16, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–036–1, 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. 98–036–1. 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.

R.T. Rollo, Jr., Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231, (301) 734–

7709; or e-mail: rrollo@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella.

The brucellosis regulations, contained

in 9 CFR part 78 (referred to below as

the regulations), provide a system for

classifying States or portions of States

according to the rate of Brucella

infection present, and the general

effectiveness of a brucellosis control and

eradication program. The classifications

are Class Free, Class A, Class B, and

Class C. States or areas that do not meet

the minimum standards for Class C are

required to be placed under Federal

quarantine.

The brucellosis Class Free

classification is based on a finding of no

known brucellosis in cattle for the 12

months preceding classification as Class

Free. The Class C classification is for

States or areas with the highest rate of

brucellosis. Class B and Class A fall

between these two extremes.

Restrictions on moving cattle interstate

become less stringent as a State

approaches or achieves Class Free

status.

The standards for the different

classifications of States or areas entail

(1) maintaining a cattle herd infection

rate not to exceed a stated level during

12 consecutive months; (2) tracing back

to the farm of origin and successfully

closing a stated percent of all brucellosis

reactor cases found in the course of

Market Cattle Identification (MCI)

testing; (3) maintaining a surveillance

system that includes testing of dairy

herds, participation of all recognized

slaughtering establishments in the MCI

program, identification and monitoring

of herds at high risk of infection

(including herds adjacent to infected

herds and herds from which infected

animals have been sold or received),

and having an individual herd plan in

effect within a stated number of days

after the herd owner is notified of the

finding of brucellosis in a herd he or she

owns; and (4) maintaining minimum

procedural standards for administering

the program.

Before the effective date of this

interim rule, Alabama was classified as

a Class A State.

To attain and maintain Class Free

status, a State or area must (1) remain

free from field strain Brucella abortus

infection for 12 consecutive months or

longer; (2) trace back at least 90 percent

of all brucellosis reactors found in the

course of MCI testing to the farm of

origin; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the 12

consecutive month period immediately

prior to the most recent anniversary of

the date the State or area was classified

Class Free; and (4) have a specified

surveillance system, as described above,

including an approved individual herd

plan in effect within 15 days of locating

the source herd or recipient herd.

After reviewing the brucellosis

program records for Alabama, we have

concluded that this State meets the

standards for Class Free status.

Therefore, we are removing Alabama

from the list of Class A States in

§ 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 Alabama.

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

Alabama.

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 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.

Cattle moved interstate are moved for

slaughter, for use as breeding stock, or

for feeding. Changing the brucellosis
19170 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations

status of Alabama 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 Alabama, as well as

buyers and importers of cattle from this

State.

There are an estimated 32,230 cattle

herds in Alabama 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 Alabama 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 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 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 ‘‘Alabama,’’

immediately before ‘‘Alaska,’’ and

paragraph (b) is amended by removing

‘‘Alabama,’’.

Done in Washington, DC, this 14th day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–10199 Filed 4–16–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–92–AD; Amendment 39–

10468; AD 98–08–19]

RIN 2120–AA64

Airworthiness Directives; Twin

Commander Aircraft Corporation 500,

600, and 700 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Twin Commander Aircraft

Corporation (Twin Commander) 500,

600, and 700 series airplanes. This AD

requires installing access holes in both

wing leading edges and repetitively

inspecting the forward attach brackets

and straps for cracks. Reports of cracks

in the wing to fuselage attachment

brackets and straps, wing station (WS)

24, and fuselage frames prompted this

action. The actions specified by this AD

are intended to detect cracks at the wing

to fuselage attach points, which, if not

detected and corrected, could cause

structural failure and loss of control of

the airplane.

DATES: Effective May 18, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 18,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

Twin Commander Aircraft Corporation,

P. O. Box 3369, Arlington, Washington,

98223; telephone (360) 435–9797;

facsimile: (360) 435–1112. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 95–CE–92–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Morfitt, Aerospace Engineer,

FAA, Seattle Aircraft Certification

Office, 1601 Lind Ave. S.W., Renton,

Washington, 98055–4056; telephone

(425) 227–2595; facsimile (425) 227–

1181.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Twin Commander 500, 600,

and 700 series airplanes was published

in the Federal Register as a notice of

proposed rulemaking (NPRM) on

August 19, 1997, (62 FR 44096). The

NPRM was the result of reports of cracks

in the wing to fuselage attachment

brackets and straps, wing station (WS)

24, and fuselage frames. The NPRM

proposed to require: