Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32119

regulate intrastate movement of horses

unless an extraordinary emergency is

declared. Therefore, EIA reactors sold

intrastate are normally outside of our

jurisdiction. However, any facility that

deals in EIA reactors sold interstate

must be approved by APHIS and abide

by this rule.

Therefore, based on the rationale set

forth in the proposed rule and in this

document, we are adopting the

provisions of the proposal as a final rule

without change.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

The regulations in 9 CFR part 71

require that any horses classified as EIA

reactors and accepted by a facility for

sale are to be placed in quarantine pens

at least 200 yards from all non-EIAreactor horses or other animals, unless

moving out of the facility within 24

hours of arrival. This rule removes the

‘‘less-than-24-hours’’ exemption:

Quarantine will be required regardless

of the length of time between an EIA

reactor’s arrival and departure from a

facility. This rule also amends the

regulations by requiring that EIA

reactors be quarantined at least 200

yards away from all horses that are not

reactors, rather than at least 200 yards

away from all other animals.

Facilities that buy and sell horses are

included in the Small Business

Administration’s SIC (Standard

Industrial Classification) category

‘‘Livestock Services, Except Veterinary.’’

Firms in this category with annual

receipts of less than $5 million are

considered small entities. It is likely

that most, if not all, of the

approximately 200 facilities that buy

and sell horses are ‘‘small’’ under this

definition.

Most facilities that buy and sell horses

already have quarantine pens, in

accordance with current regulations.

The estimated 20 percent that do not

have quarantine pens could build or

modify existing pens for quarantine use

at a relatively minor cost: APHIS

estimates that, at most, construction of

a quarantine pen would cost about

$1,000.

However, costs of quarantine pen

construction are not attributable to this

rule because quarantine, per se, is not a

new requirement. Only those facilities

that accept EIA reactors and that in the

past have always moved all EIA reactors

within 24 hours of arrival would need

to construct or modify pens for

quarantine purposes as a consequence

of this rule. As no facility can always be

certain of movement of EIA reactors

within 24 hours, no costs should be

incurred strictly because of this rule.

Moreover, by requiring all EIA reactors

at approved livestock facilities to be

quarantined, the horse industry in

general will benefit from a further

reduction in the risk of EIA

transmission.

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 71

Animal diseases, Livestock, Poultry

and poultry products, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 9 CFR part 71 is

amended as follows:

PART 71—GENERAL PROVISIONS

1. The authority citation for part 71

continues to read as follows:

Authority: 21 U.S.C. 111–113, 114a, 114a–

1, 115–117, 120–126, 134b, and 134f; 7 CFR

2.22, 2.80, and 371.2(d).

§ 71.20 [Amended]

2. In § 71.20, paragraph (a), in the

sample agreement, paragraph (16)(ii) is

amended by removing the words ‘‘or

other animals, unless moving out of the

facility within 24 hours of arrival.’’

Done in Washington, DC, this 9th day of

June 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–15749 Filed 6–11–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–110–AD; Amendment

39–10577; AD 98–12–23]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model H.P. 137 Jetstream

Mk. 1, Jetstream Model 3101,

Jetstream Model 3201, and Jetstream

200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain British Aerospace

(BAe) Model H.P. 137 Jetstream Mk. 1,

Jetstream Model 3101, Jetstream Model

3201, and Jetstream 200 series airplanes.

This AD requires replacing the

windshield wiper arm attachment bolts

and windshield wiper arm on all of the

affected airplanes; and measuring the

material thickness of the upper and

lower toggle attachment brackets on the

nose landing gear of the affected

airplanes, and replacing the toggle

attachment bracket lugs. This AD is the

result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

the United Kingdom. The actions

specified by this AD are intended to

prevent the windshield wiper arm from

corroding, detaching from the airplane

during flight, and penetrating the

fuselage, which could result in possible

injury to the pilot and passengers; and

to prevent collapse of the nose landing

gear caused by design deficiency, which

could result in loss of control of the

airplane during landing operations.

DATES: Effective July 28, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 28,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

British Aerospace Regional Aircraft.,

Prestwick International Airport,

Ayrshire, KA9 2RW, Scotland;
32120 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

telephone: (01292) 479888; facsimile:

(01292) 479703. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

110–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: Mr.

S. M. Nagarajan, Aerospace Engineer,

Small Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

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 certain BAe Model H.P. 137

Jetstream Mk. 1, Jetstream Model 3101,

Jetstream Model 3201, and Jetstream 200

series airplanes was published in the

Federal Register as a notice of proposed

rulemaking (NPRM) on March 26, 1998

(63 FR 14656). The NPRM proposed to

require replacing the windshield wiper

arm and windshield wiper arm

attachment bolt; and measuring the

outer wall thickness of the nose landing

gear (NLG) toggle bracket lugs and axle

bracket lugs. The AD also proposed

replacing the toggle bracket lugs and

axle bracket lugs prior to further flight

or at the end of their fatigue life limit,

depending on the condition of the parts.

Accomplishment of the proposed

actions as specified in the NPRM would

be in accordance with the following:

—Jetstream Series 3100/3200 Service

Bulletin (SB) 30–JA 950641, which

incorporates the following pages:

Pages Revision level Date

1 ................... Revision 1 .... March 18,

1997.

2 through 8 ... Revision 2 .... March 18,

1997.

This service bulletin specifies

following the procedures provided in

Rosemount Aerospace Inc. Service

Bulletin No. 2314M–30–16, dated

December, 1996;

—APPH Precision Hydraulics SB No.

32–66, which incorporates the

following pages:

Pages Revision level Date

1, 3, 4, and 5 Revision 1 .... October

1996.

Pages Revision level Date

2 and 6 ......... Revision 2 .... March 1997.

This service bulletin is referenced in

Accomplishment Instructions section of

Jetstream Series 3100/3200 Alert Service

Bulletin No. 32–JA 960601, Original

Issue: October 25, 1996, Revision No. 1:

dated April 11, 1997.

The NPRM was the result of

mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for the United

Kingdom.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 314 airplanes

in the U.S. registry will be affected by

the windshield wiper portion of this

AD, that it will take approximately 2

workhours per airplane to accomplish

the replacement required by this AD,

and that the average labor rate is

approximately $60 an hour. Parts will

be provided at no cost. Based on these

figures, the total cost impact for the

windshield wiper portion of this AD on

U.S. operators is estimated to be

$37,680, or $120 per airplane.

The FAA estimates that 284 airplanes

in the U.S. registry will be affected by

the nose landing gear portion of this AD,

that it will take approximately 2

workhours per airplane to accomplish

the measurement required by this AD,

and that the average labor rate is

approximately $60 an hour. The cost

impact only takes into account the cost

of the initial inspection. The FAA has

no way to determine the number of

parts that may be found damaged or in

need of replacement as a result of the

initial inspection. Therefore, the FAA is

not approximating the cost of parts or

the workhours to accomplish a part

replacement for this AD. Based on these

figures, the total cost impact for the

inspection of the nose landing gear

portion of this AD on U.S. operators is

estimated to be $34,080, or $120 per

airplane.

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 copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting 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 a new airworthiness directive

(AD) to read as follows:

98–12–23 British Aerospace: Amendment

39–10577; Docket No. 97–CE–110–AD.

Applicability: Model H.P. 137 Jetstream

Mk. 1, Jetstream Model 3101, Jetstream

Model 3201, and Jetstream 200 series

airplanes, all serial numbers, 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
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32121

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 (d) 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 in the

body of this AD, unless already

accomplished.

To prevent the windshield wiper arm from

corroding, detaching from the airplane

during flight, and penetrating the fuselage,

which, if not corrected, could result in

possible injury to pilot and passengers; and

to prevent collapse of the nose landing gear

caused by design deficiency, which could

result in loss of control of the airplane during

landing operations, accomplish the

following:

(a) Within the next 90 days after the

effective date of this AD, replace the

windshield wiper arm and windshield wiper

attachment bolt in accordance with the

Accomplishment Instructions section in

Jetstream Series 3100/3200 Service Bulletin

(SB) 30–JA 950641, which incorporates the

following pages:

Pages Revision level Date

1 ................... Revision 1 .... March 18,

1997.

2 through 8 ... Revision 2 .... March 18,

1997.

This service bulletin specifies following

the procedures provided in the

Accomplishment Instructions section of

Rosemount Aerospace Inc. Service Bulletin

No. 2314M–30–16, dated December 1996.

(b) Within the next 90 days after the

effective date of this AD, measure the outer

wall thickness of the nose landing gear (NLG)

toggle bracket lugs and the axle bracket lugs

in accordance with the Accomplishment

Instructions in APPH Precision Hydraulics

SB No. 32–66, which incorporates the

following pages:

Pages Revision level Date

1, 3, 4, and 5 Revision 1 .... October

1996.

2 and 6 ......... Revision 2 .... March 1997.

Note 2: The APPH SB is referenced in the

Accomplishment Instructions in Jetstream

Series 3100/3200 Alert Service Bulletin No.

32–JA 960601, Revision No. 1, April 11,

1997, Original Issue, October 25, 1996.

(1) Prior to further flight, replace the NLG

toggle bracket lugs and axle bracket lugs, if

the measurements of the outer wall thickness

do not meet the criteria set out in the Table

contained in paragraph B. (5) of the

Accomplishment Instructions section in

APPH Precision Hydraulics SB No. 32–66, as

referenced in paragraph (b) of this AD.

(2) If the measurements of the outer wall

thickness are within the criteria set out in the

Table contained in paragraph B. (5) of the

Accomplishment Instructions section in

APPH Precision Hydraulics SB 32-66, as

referenced in paragraph (b) of this AD,

replace the NLG toggle bracket lugs and axle

bracket lugs at the end of the fatigue life

limits of the part, as specified in the Table

referenced above, or within the next 50

landings after the measurement is taken,

whichever occurs later.

Note 3: The compliance time in this AD

takes precedence over the compliance times

published in the applicable service bulletins.

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, Aircraft Certification Service,

1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) Questions or technical information

related to the service information referenced

in this AD should be directed to British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9 2RW,

Scotland; telephone (01292) 79888; facsimile

(01292) 671715. This service information

may be examined at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(f) The replacements required by this AD

shall be done in accordance with Jetstream

Series 3100/3200 Service Bulletin 30-JA

950641, which incorporates the following

pages:

Pages Revision level Date

1 ................... Revision 1 .... March 18,

1997.

2 through 8 ... Revision 2 .... March 18,

1997.

This service bulletin specifies following

the procedures provided in Rosemount

Aerospace Inc. Service Bulletin No. 2314M–

30–16, dated December, 1996;

—APPH Precision Hydraulics Service

Bulletin No. 32–66, which incorporates the

following pages:

Pages Revision level Date

1, 3, 4, and 5 Revision 1 .... October

1996.

2 and 6 ......... Revision 2 .... March 1997.

This service bulletin is referenced in

Accomplishment Instructions section of

Jetstream Series 3100/3200 Alert Service

Bulletin No. 32–JA 960601, Original Issue:

October 25, 1996, Revision No. 1: dated April

11, 1997.

(1) 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.

(2) Copies may be obtained from British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9 2RW,

Scotland. Copies may be inspected at the

FAA, Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri, or at the Office of the

Federal Register, 800 North Capitol Street,

NW, suite 700, Washington, DC.

Note 5: The subject of this AD is addressed

in British AD 002–10–96, not dated, for the

nose landing gear condition; and British AD

006–08–96, not dated, for the windshield

wiper condition.

(g) This amendment becomes effective on

July 28, 1998.

Issued in Kansas City, Missouri, on June 3,

1998.

Ronald K. Rathgeber,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–15360 Filed 6–11–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–54–AD; Amendment 39–

10584; AD 98–12–31]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Jetstream Model 3101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain British Aerospace

Jetstream Model 3101 airplanes. This

AD requires repositioning the fuel cross

feed pipes in the lower center fuselage

to give an overall clearance of 2 inches

when measuring from the bottom of

Frame Station 223. This AD is the result

of mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for the United

Kingdom. The actions specified in this

AD are intended to prevent the fuel pipe

from fracturing during a wheels up

landing because of the positioning of the

fuel cross feed pipes, which could result

in an airplane fire.