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

1735

Vol. 63, No. 7

Monday, January 12, 1998

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 97–080W]

RIN 0583–AC40

Pathogen Reduction; Hazard Analysis

and Critical Control Point (HACCP)

Systems—Sample Collection—

Technical Amendments and

Corrections: Direct Final Rule

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Partial withdrawal of direct

final rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is

withdrawing the part of a direct final

rule that added a Salmonella

performance standard for fresh pork

sausage to the Federal meat inspection

regulations. FSIS is withdrawing this

regulatory amendment because it

received an adverse written comment

within the scope of the rulemaking in

response to the direct final rule.

Elsewhere in this issue of the Federal

Register, FSIS has published a proposed

rule for the performance standard.

EFFECTIVE DATE: January 12, 1998.

ADDRESSES: Submit an original and two

copies of written comments to: FSIS

Docket Clerk, Docket #97–080W, U.S.

Department of Agriculture, Food Safety

and Inspection Service, Room 102,

Cotton Annex, 300 12th Street, SW.,

Food Safety and Inspection Service,

U.S. Department of Agriculture,

Washington, DC 20250–3700. Reference

materials cited in this docket will be

available for public inspection in the

FSIS Docket Room from 8:30 a.m. to

4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms.

Patricia Stolfa, Assistant Deputy

Administrator, Office of Policy, Program

Development and Evaluation, (202)

205–0699.

SUPPLEMENTARY INFORMATION: In a direct

final rule published in the Federal

Register on November 14, 1997 (62 FR

61007) FSIS, among other things,

notified the public of its intent to

establish a Salmonella performance

standard for fresh pork sausages (9 CFR

310.25(b)(1)). FSIS solicited comments

concerning the direct final rule for a 30-

day period ending December 15, 1997.

FSIS stated that the effective date of the

proposed amendment would be 60 days

after publication of the direct final rule

in the Federal Register, unless the

Agency received adverse written

comments or a notice of intent to submit

adverse comments within the scope of

the rulemaking by the close of the

comment period. FSIS also stated that if

it received such comments, it would

publish a notice in the Federal Register

withdrawing the direct final rule before

the scheduled effective date and would

publish a proposed rule for public

comment.

FSIS received adverse comments

within the scope of the rulemaking from

the law firm of McDermott, Will &

Emery representing Jimmy Dean Foods,

Inc. and Odom’s Tennessee Pride

Sausage, Inc. Therefore, FSIS is

withdrawing the 9 CFR 310.25(b)(1)

Salmonella performance standard

regulatory amendment and is issuing a

proposed rule elsewhere in this issue of

the Federal Register. There were no

adverse comments received regarding

the other provisions of the direct final

rule. Therefore, the following provisions

will become effective on January 13,

1997: (1) The amendment to 9 CFR

§ 381.94 allowing poultry samples to be

taken from the end of the slaughter line

if collecting samples from the end of the

chilling process is impracticable; (2) the

amendment to 9 CFR § 381.94 allowing

turkeys to be sampled by sponging the

carcass on the back and thigh; and (3)

the technical correction to 9 CFR § 417.2

to reference the Poultry Products

Inspection Act.

For the reasons set forth in the

preamble, the amendment revising table

2 in § 310.25(b)(1), published at 62 FR

61008 (November 14, 1997), is

withdrawn.

Done at Washington, DC, on January 5,

1998.

Thomas J. Billy,

Administrator.

[FR Doc. 98–575 Filed 1–9–98; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–113–AD; Amendment

39–10274; AD 98–01–11]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

replacement of certain electrical

terminals with new electrical terminals.

This amendment is prompted by the

issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by this AD are

intended to prevent loose electrical

connections from causing an increase in

electrical resistance, which could result

in overheating at the electrical terminals

and consequent smoke/fire in the

airplane passenger cabin.

DATES: Effective February 17, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February

17, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from FAIRCHILD DORNIER, DORNIER

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. 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,
1736 Federal Register / Vol. 63, No. 7 / Monday, January 12, 1998 / Rules and Regulations

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 Dornier

Model 328–100 series airplanes was

published in the Federal Register on

November 7, 1997 (62 FR 60188). That

action proposed to require replacement

of certain electrical terminals with new

electrical terminals.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received.

Both commenters support the

proposed rule.

Conclusion

After careful review of the available

data, including the comments 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 7 Model 328–

100 series airplanes of U.S. registry will

be affected by this AD, that it will take

approximately 2 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will be provided by the manufacturer at

no cost to operators. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $840,

or $120 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:

98–01–11 Dornier: Amendment 39–10274.

Docket 97–NM–113–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3015

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 (c) 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 loose

electrical connections from causing an

increase in electrical resistance, which could

result in overheating at the electrical

terminals and consequent smoke/fire in the

airplane passenger cabin, accomplish the

following:

(a) Within 100 flight hours after the

effective date of this AD, replace the

electrical terminals in the passenger cabin

with new electrical terminals, in accordance

with Dornier Service Bulletin SB–328–24–

188, dated September 11, 1996.

(b) As of the effective date of this AD, no

person shall install an electrical terminal

having part number 001A903A8010002,

001A903A8020002, or 001A903A8030002 on

any airplane.

(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,

International Branch, ANM–116, 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, 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.

(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 airplane to

a location where the requirements of this AD

can be accomplished.

(e) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–24–188, dated September 11, 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 FAIRCHILD DORNIER, DORNIER

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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 German airworthiness directive 96–291,

dated November 7, 1996.

(f) This amendment becomes effective on

February 17, 1998.

Issued in Renton, Washington, on

December 30, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–209 Filed 1–9–98; 8:45 am]

BILLING CODE 4910–13–P