Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34591

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–115–AD; Amendment

39–10629; AD 98–13–38]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model 4101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain British Aerospace

(Jetstream) Model 4101 airplanes, that

requires installation of a warning

placard for the fire extinguisher exhaust

port located in the rear baggage bay.

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 blockage of the fire

extinguisher exhaust port, which could

result in reduced fire protection in the

rear baggage bay and consequent injury

to the passengers and crewmembers.

DATES: Effective July 30, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 30,

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:

Norman B. Martenson, Manager,

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 (Jetstream) Model 4101

airplanes was published in the Federal

Register on April 21, 1998 (63 FR

19688). That action proposed to require

installation of a warning placard for the

fire extinguisher exhaust port located in

the rear baggage bay.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, 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 57 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 installation, and that the

average labor rate is $60 per work hour.

Required parts cost will be minimal.

Based on these figures, the cost impact

of the installation required by this AD

on U.S. operators is estimated to be

$3,420, or $60 per airplane.

The cost impact figure discussed

above is 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:

98–13–38 British Aerospace [Formerly

Jetstream Aircraft Limited; British

Aerospace (Commercial Aircraft)

Limited]: Amendment 39–10629. Docket

98–NM–115–AD.

Applicability: Model 4101 airplanes,

constructor’s numbers 41004 through 41100

inclusive; 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 blockage of the fire extinguisher

exhaust port, which could result in reduced

fire protection in the rear baggage bay and

consequent injury to the passengers and

crewmembers, accomplish the following:

(a) Within 4 months after the effective date

of this AD, install a warning placard near the

fire extinguisher exhaust port in the rear

baggage bay, in accordance with British

Aerospace Regional Aircraft Service Bulletin

J41–11–020, dated November 10, 1997.

(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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their request through an

appropriate FAA Principal Maintenance
34592 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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 installation shall be done in

accordance with British Aerospace Regional

Aircraft Service Bulletin J41–11–020, dated

November 10, 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 AI(R) American Support, Inc.,

13850 Mclearen Road, Herndon, Virginia

20171. 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.

Note 3: The subject of this AD is addressed

in British airworthiness directive 015–11–97.

(e) This amendment becomes effective on

July 30, 1998.

Issued in Renton, Washington, on June 17,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16703 Filed 6–24–98; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Part 802

Premerger Notification; Reporting and

Waiting Period Requirements

AGENCY: Federal Trade Commission.

ACTION: Final rule with request for

comments.

SUMMARY: This final rule amends the

premerger notification rules that require

the parties to certain mergers or

acquisitions to file reports with the

Federal Trade Commission and the

Assistant Attorney General in charge of

the Antitrust Division of the Department

of Justice, and to wait a specified period

of time before consummating such

transactions. The reporting and waiting

period requirements are intended to

enable these enforcement agencies to

determine whether a proposed merger

or acquisition may violate the antitrust

laws if consummated and, when

appropriate, to seek a preliminary

injunction in federal court to prevent

consummation. During the nineteen

years the rules have been in effect, the

Federal Trade Commission, with the

concurrence of the Assistant Attorney

General for Antitrust, has amended the

premerger notification rules several

times to improve the program’s

effectiveness and to lessen the burden of

complying with the rules. This final rule

amends Rule 802.70, which exempts

from the reporting requirements

acquisitions of stock or assets required

to be divested by an order of the Federal

Trade Commission or of any Federal

court in an action brought by the

Commission or the Department of

Justice. As amended the Rule will

exempt as well divestitures pursuant to

consent agreements that have been

accepted by the Commission for public

comment or have been filed with a court

by the Commission or the Department of

Justice and are subject to public

comment, but are not yet final orders.

These transactions are adequately

reviewed for potential antitrust

concerns during the approval process

under the consent agreement, in which

the antitrust agencies determine that the

divestiture to that party does not raise

antitrust concerns. The Commission has

thus made this change to Section 802.70

because such acquisitions are unlikely

to raise antitrust concerns.

The Commission has made this final

rule without notice and comment

because notice and comment would be

unnecessary and the delay in

implementing the rule would be

contrary to the public interest. Section

802.70 already exempts from the

reporting requirements transactions that

satisfy divestiture requirements under

Commission or Court orders in cases

brought by the Commission or the

Department of Justice. The amendment

merely extends the exemption to

transactions entered into before the

relevant order has been made final.

Whatever delay and cost result from the

HSR reporting requirements are contrary

to the public interest where the antitrust

agencies already have notice of the

transaction and have completed their

review.

Notice and comment in this matter are

unnecessary because the Commission

has already exempted acquisitions

pursuant to a final divestiture order, and

there is no relevant difference between

the two situations. The agencies in each

case already have all the notice and

information they would otherwise

obtain under HSR. No other person has

access to or interest in the information

provided under HSR, and therefore no

other person has an interest in ensuring

a filing in these circumstances.

DATES: This final rule is effective on

June 25, 1998. The Commission will,

however, accept comments on the

revised rule that are received on or

before July 27, 1998, and may reevaluate

the rule in light of those comments.

ADDRESSES: Written comments should

be submitted to both (1) the Secretary,

Federal Trade Commission, Room 159,

Washington, D.C. 20580, and (2) the

Assistant Attorney General, Antitrust

Division, Department of Justice, Room

3214, Washington DC 20530.

FOR FURTHER INFORMATION CONTACT:

Roberta S. Baruch, Deputy Assistant

Director, Bureau of Competition, Room

S–2115, Federal Trade Commission,

Washington, DC 20580. Telephone:

(202) 326–2687.

SUPPLEMENTARY INFORMATION:

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601–12, requires that the agency

conduct an analysis of the anticipated

economic impact of the proposed

amendment on small businesses.

The purpose of a regulatory flexibility

analysis is to ensure that the agency

considers impact on small entities and

examines alternatives that could achieve

the regulatory purpose while

minimizing burdens on small entities.

Section 605 provides, however, that

such an analysis is not required if the

agency head certifies that the regulatory

action will not have a significant

economic impact on a substantial

number of small entities. Because of the

size of the transactions necessary to

invoke a Hart-Scott-Rodino filing, the

premerger notification rules rarely, if

ever, affect small businesses.

Furthermore, the amendment will

merely exempt companies from HartScott-Rodino reporting requirements for

certain transactions. Accordingly,

pursuant to the Regulatory Flexibility

Act provisions of the Administrative

Procedure Act, 5 U.S.C. 605(b), the

Federal Trade Commission has certified

that this rule will not have a significant

economic impact on a substantial

number of small entities. Section 603 of

the Administrative Procedure Act, 5

U.S.C. 603, requiring a final regulatory

flexibility analysis of these rules; is

therefore, inapplicable.

Paperwork Reduction Act

The premerger notification rules and

report form contain information

collection requirements that have been

reviewed and approved by the Office of

Management and Budget under OMB

Control Number 3084–0005. The

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., requires agencies to submit

requirements for ‘‘collections of

information’’ to OMB and obtain