9612 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

On October 31, 1994, we published in

the Federal Register (59 FR 54398–

54399, Docket No. 94–097–1) a proposal

to amend the regulations by removing

Spain from the list of countries in

§ 92.308(a)(2), which APHIS considers

affected with AHS.

We solicited comments concerning

our proposal for 60 days ending

December 30, 1994. We did not receive

any comments. The facts presented in

the proposed rule still provide the basis

for this final rule.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule without change.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

This rule relieves restrictions which

require horses imported from Spain to

enter the United States only at the port

of New York and be quarantined at the

New York Animal Import Center in

Newburgh, NY, for at least 60 days. This

rule allows horses from Spain to be

shipped to and quarantined at ports

designated in § 92.303, and reduces the

quarantine period to an average of three

days to meet the quarantine and testing

requirements specified in § 92.308.

Therefore, the Administrator of the

Animal and Plant Health Inspection

Service has determined that this rule

should be made effective 15 days after

publication in the Federal Register.

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.

This rule amends the regulations in

part 92 by removing Spain from the list

of countries that APHIS considers

affected with AHS. This action relieves

unnecessary restrictions on the

importation of horses from Spain. The

primary impact of this rule will be on

U.S. importers of horses from Spain,

none of whom can be considered a

small entity. These importers will no

longer be required to quarantine horses

from Spain for 60 days at the New York

Animal Import Center in Newburgh,

NY. The rule will allow horses from

Spain to be shipped to and quarantined

at ports designated in § 92.303, and will

reduce the quarantine and testing period

to an average of three days to meet

quarantine requirements specified in

§ 92.308.

The number of horses imported from

Spain each year is extremely small. In

1993, the United States imported 20,715

horses, mules, and burros, of which

only nine came from Spain. Removing

the requirement for a 60-day quarantine

at the New York Animal Import Center

in Newburgh, NY, for horses from Spain

will make the importation of these

horses less expensive and logistically

easier. We anticipate that the number of

horses imported from Spain may

slightly increase. However, with the

very small number of horses imported

from Spain, we anticipate the overall

economic impact on businesses and

individuals will be minimal.

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 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent 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 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 92 is

amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

§ 92.308 [Amended]

2. In § 92.308, paragraph (a)(2) is

amended by removing ‘‘Spain,’’.

Done in Washington, DC, this 14th day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4176 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–P

EXPORT-IMPORT BANK OF THE

UNITED STATES

12 CFR Part 409

Environmental Review Procedures

AGENCY: Export-Import Bank of the

United States.

ACTION: Final rule.

SUMMARY: As part of the implementation

of 1992 amendments to the Charter of

the Export-Import Bank (‘‘Ex-Im Bank’’),

Ex-Im Bank is removing its existing

environmental regulations at 12 CFR

part 409.

EFFECTIVE DATE: The removal of 12 CFR

part 409 is effective as of February 21,

1995.

FOR FURTHER INFORMATION CONTACT:

Popi Artavanis, Export-Import Bank of

the United States, Engineering and

Environment Division, 811 Vermont

Ave. NW., Washington, DC 20571, tel.

(202) 565–3570.

SUPPLEMENTARY INFORMATION: Section

106 of the Export Enhancement Act (12

U.S.C. 635i–5) (‘‘Section 106’’) provides

that Ex-IM Bank shall establish

environmental review procedures

consistent with the Bank’s overall

mandate to maintain U.S. export

competitiveness. The procedures to be

issued under Section 106 are intended

to inform relevant decision-makers of

potential beneficial and adverse

environmental effects of goods and

services for which financing is

requested, so that such information will

be taken into account in the decision to

grant or withhold financing. Section 106

also grants the Ex-Im Bank Board of

Directors explicit authority to withhold

financing in a particular transaction

solely for environmental reasons.

Ex-Im Bank is removing the

regulations at title 12, chapter IV, of the

Code of Federal Regulations, part 409

(promulgated under E.O. 12114), which

were issued in 1979. In place of these

regulations, the Ex-Im Bank Board of

Directors has approved a set of

Environmental Procedures and

Guidelines after informal consultations

with exporters, environmental groups,

and other government agencies. The

new procedures and guidelines will be

effective on a one-year trial basis until
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9613

February 1, 1996. These procedures and

guidelines, designed to comply with the

1992 amendments to Ex-Im Bank’s

charter, are not subject to notice and

comment requirements or to publication

in the Federal Register pursuant to 5

U.S.C. (a)(2), 553(b)(A), and 553(d)(2).

Copies may be obtained by written

request from Ex-Im Bank’s Engineering

and Environment Division, 811 Vermont

Avenue NW., Washington, DC 20571.

List of Subjects in 12 CFR Part 409

Environmental impact statements,

Foreign Relations.

Accordingly, under the authority of

section 106 of the Export Enhancement

Act (12 U.S.C. 635i–5) 12 CFR part 409

is removed.

Dated: February 7, 1995.

Carol F. Lee,

General Counsel, Export-Import Bank of the

United States.

[FR Doc. 95–3449 Filed 2–17–95; 8:45 am]

BILLING CODE 6690–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–27–AD; Amendment

39–9134; AD 95–02–15]

Airworthiness Directives; Boeing

Model 747–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 747–

100 series airplanes, that currently

requires repetitive inspections to detect

cracking of the wing front spar web

above engine numbers 2 and 3, and

repair, if necessary. This amendment

requires repetitive inspections to detect

cracks in the web and cracked or broken

fasteners in an area beyond that

specified in the existing AD. This

amendment also provides an optional

terminating action for the repetitive

inspections. This amendment is

prompted by reports of broken fasteners

and cracking of the web common to the

upper and lower chords in an area

outside the inspection zone specified in

the existing AD. The actions specified

by this AD are intended to prevent fuel

leakage onto an engine and a resultant

fire due to cracking or broken fasteners

in the wing front spar.

DATES: Effective March 23, 1995.

The incorporation by reference of

Boeing Service Bulletin 747–57A2266,

dated June 6, 1991, as listed in the

regulations, was approved previously by

the Director of the Federal Register as of

May 4, 1992 (57 FR 10415, March 26,

1992).

The incorporation by reference of

certain other publications, as listed in

the regulations, is approved by the

Director of the Federal Register as of

March 23, 1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. 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: Tim

Backman, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Transport

Airplane Directorate, Seattle Aircraft

Certification Office, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056;

telephone (206) 227–2776; fax (206)

227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 92–07–11,

amendment 39–8207 (57 FR 10415,

March 26, 1992), which is applicable to

certain Boeing Model 747–100 series

airplanes, was published in the Federal

Register on August 23, 1994 (59 FR

43304). The action proposed to require

repetitive detailed visual and ultrasonic

inspections to detect cracks in an area

beyond that specified in the existing

AD; repetitive ultrasonic inspections of

the fasteners in the web-to-chords, webto-stiffeners, and web-to-rib posts to

detect cracked or broken fasteners

between front spar stations (FSS) 570

and 684; and oversizing the fastener

holes, performing an eddy current

inspection to detect cracking of the

fastener holes, and replacing cracked

fasteners with oversized fasteners, if

necessary.

Discussion of Comments Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter supports the

proposed rule.

Two commenters request that the

initial inspection threshold specified in

paragraph (b) of the proposal be

extended from 1,000 to 2,000 flight

cycles (after the immediately preceding

inspection) to be consistent with the

recommendations of Boeing Alert

Service Bulletin 747–57A2266, Revision

3, dated March 31, 1994, which is

referenced in the proposal as the

appropriate source of service

information. The FAA concurs. The

FAA finds that such an extension of the

inspection threshold will not adversely

affect safety. Therefore, the final rule

has been revised accordingly. In

addition, the FAA has revised the

‘‘grace period’’ of 6 months (after the

effective date of the AD), as specified in

proposed paragraph (b), to 9 months in

order to correspond with the

recommendations of the service

bulletin.

The Air Transport Association (ATA)

of America, on behalf of one of its

members, requests that the FAA delay

issuance of this AD until the next

revision of Boeing Service Bulletin 747–

57A2266 is issued. (Revision 3 of that

service bulletin is referenced in the

proposal as the appropriate source of

service information.) The commenter

notes that, in accomplishing the

proposed inspection/modification,

many of the fastener holes required

oversizing beyond the criteria described

in the referenced version of service

bulletin. The commenter also states that

it has found several cracked rivets that

had not been identified using the

ultrasonic inspection technique

recommended in that service bulletin.

The commenter indicates that Boeing

has advised that it is considering

issuance of a revision to the service

bulletin to address this concern.

The FAA does not concur with the

commenter’s request to delay issuance

of the final rule. Since the issuance of

the proposal, Boeing has issued

Revision 4 of Boeing Service Bulletin

747–57A2266, dated November 3, 1994.

This revision is essentially the same as

the previous version, but specifies the

locations of certain fasteners that must

be inspected using ultrasonic

techniques. The locations of these

fasteners are in the web-to-chords, and

in the top two and bottom two rows in

the web-to-stiffeners and web-to-rib

posts of the wing front spar. Paragraphs

(b)(3) and (c)(3) of the final rule have

been revised to specify this.

Revision 4 of the service bulletin also

updates certain information concerning

parts and materials, adds a reference to

an ultrasonic testing procedure in the

Nondestructive Test Manual, provides

an additional inspection method for

detecting cracks inside the fuel tank,

and includes an additional method of

removing fasteners for inspection. The

final rule has been revised to cite the

latest revision of the service bulletin as