Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65631

producers to use a single test on both

gpI vaccinates and nonvaccinated

swine.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed 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 proposed rule would amend the

pseudorabies regulations by adding the

gpI PCFIA test to the list of official

pseudorabies tests. This proposed

change would allow the gpI PCFIA test

to be used as an official pseudorabies

test to qualify certain pseudorabies

vaccinated swine for interstate

movement to destinations other than

slaughter or a quarantined herd or

quarantined feedlot. Adding the gpI

PCFIA test to the list of official

pseudorabies tests would also allow its

use for the testing on nonvaccinated

swine.

The total U.S. inventory of hogs and

pigs was approximately 56 million,

valued at $5.283 billion, in 1996. The

gross income of the inventory is

approximately $11 billion. More than 99

percent of swine producers are

considered to be small entities.

According to the standard set by the

Small Business Administration for

agricultural producers, a producer with

less than $0.5 million annually in sales

qualifies as a small entity.

Nearly 95 percent of the swine

inventory within the United States has

not yet achieved pseudorabies-free

status. The addition of this new test

would provide an extra choice of official

pseudorabies test for those who raise

swine, when a test is required for

interstate movement. Testing costs

would be incurred only when an owner

chose to move gpI vaccinates interstate

to destinations other than slaughter or a

quarantined herd or quarantined

feedlot, since pseudorabies vaccinated

swine do not require a test prior to

interstate movement for slaughter or to

a quarantined herd or quarantined

feedlot. The cost of the gpI PCFIA test

is within the range of the currently

available tests. The test is highly

automated and those laboratories that

have the test kit would be expected to

accomplish the testing on large numbers

of samples with greater speed. The test

results have been found to produce

fewer false negatives, reducing the need

for tracebacks. The positive effect of

having accurate results in a short time

would be beneficial in all stages of

pseudorabies eradication.

The provisions of this proposed rule

that would allow the use of the gpI

PCFIA test to determine the

pseudorabies status of nonvaccinated

swine are not expected to have a

significant economic impact on the

owners of nonvaccinated swine, as it

only introduces an additional

pseudorabies testing tool to ensure the

health of the U.S. swine population. It

is likely, though, that since the new gpI

PCFIA test may be slightly higher in

cost than other testing tools that are on

the market, most owners of

nonvaccinated swine would continue

using less expensive official

pseudorabies test until the cost of the

gpI PCFIA test became comparable to

that of other official tests.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would 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 proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are in conflict with this

rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no new

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 85

Animal diseases, Livestock,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 85 would be

amended as follows:

PART 85—PSEUDORABIES

1. The authority citation for part 85

would continue to read as follows:

Authority: 21 U.S.C. 111, 112, 113, 115,

117, 120, 121, 123–126, 134b, and 134f; 7

CFR 2.22, 2.80, and 371.2(d).

§ 85.1 [Amended]

2. In § 85.1, in the definition of

official pseudorabies test, in the second

sentence, item 6 would be amended by

adding the words ‘‘, including the gpI

PCFIA test’’ immediately after the word

‘‘Test’’.

§ 85.6 [Amended]

3. Section 85.6 would be amended as

follows:

a. In paragraph (c)(2)(iii), the words

‘‘or a gpI Particle Concentration

Fluorescence Immunoassay (PCFIA)’’

would be added immediately after the

word ‘‘(ELISA)’’.

b. In paragraph (c)(2)(iv), the words

‘‘or the gpI PCFIA’’ would be added

immediately after the word ‘‘ELISA’’.

c. In paragraph (c)(2)(v), the words ‘‘or

the gpI PCFIA’’ would be added

immediately after the word ‘‘ELISA’’.

Done in Washington, DC, this 9th day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–32658 Filed 12–12–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–ANM–15]

RIN 2120–AA66

Proposed Modification of VOR Federal

Airway V–465

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to

modify Federal Airway 465 (V–465) by

lowering the floor of a portion of the

airway from 12,400 feet mean sea level

(MSL) to 1,200 feet above the surface.

This action also proposes to establish a

new segment of V–465 between Billings,

Montana, and Miles City, Montana. The

FAA is proposing this action to support

an instrument approach procedure that

is being developed for the Jackson Hole

Airport, Wyoming, and to enhance

aircraft operations management in the

Jackson Hole, Wyoming, area.

DATES: Comments must be received on

or before January 28, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ANM–500, Docket No.

96–ANM–15, Federal Aviation

Administration, 1601 Lind Avenue,

SW., Renton, WA 98055–4056. The
65632 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

official docket may be examined in the

Rules Docket, Office of the Chief

Counsel, Room 916G, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the Office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT: Bil

Nelson, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 96–

ANM–15.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of Air

Traffic Airspace Management, 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–8783. Communications must

identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is proposing to amend 14

CFR part 71 by lowering the floor of a

portion of V–465 from 12,400 feet MSL

to 1,200 feet above the surface. This

action also proposes to establish a new

segment of V–465 between Billings,

Montana, and Miles City, Montana.

When V–465 was established, the FAA

intended that the airway include the

segment between Billings, MT, and

Miles City, MT; however, the airway

segment was omitted due to a

typographical error. This new segment

does not result in any additional

controlled airspace because the segment

will be co-located with a segment of V–

2. The FAA is proposing this action to

support an instrument approach

procedure that is being developed for

the Jackson Hole Airport, Wyoming, and

to enhance aircraft operations

management in the Jackson Hole,

Wyoming, area. The FAA is proposing

this action to improve traffic flow and

reduce controller workload at the Salt

Lake City Air Route Traffic Control

Center, thereby providing maximum

service to all airspace users.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The airway listed in this

document would be published

subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this regulation: (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)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6010(a)—Domestic VOR Federal

Airways

* * * * *

V–465 [Revised]

From Bullion, NV; Wells, NV, 12 miles, 30

miles, 115 MSL, 20 miles, 90 MSL, 36 miles,

115 MSL, 24 miles, 95 MSL, Malad City, ID;

Jackson, WY; Dunoir, WY; 14 miles, 45 miles,

137 MSL, Billings, MT; Miles City, MT; to

Williston, ND.

* * * * *

Issued in Washington, DC, on December 2,

1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–32666 Filed 12–12–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–023–FOR]

Oklahoma Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.