12578 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Proposed Rules

Agriculture from the 1997 crop is

estimated at 17,587,000. The 1997 base

fee was decreased 15 percent based on

the estimated number of bales to be

classed (one percent for every 100,000

bales or portion thereof above the base

of 12,500,000, limited to a maximum

adjustment of 15 percent). This

percentage factor amounts to a 31 cents

per bale reduction and was subtracted

from the 1997 base fee of $2.08 per bale,

resulting in a fee of $1.77 per bale.

With a fee of $1.77 per bale, the

projected operating reserve would be

41.93 percent. The Act specifies that the

Secretary shall not establish a fee

which, when combined with other

sources of revenue, will result in a

projected operating reserve of more than

25 percent. Accordingly, the fee of $1.77

must be reduced by 37 cents per bale,

to $1.40 per bale, to provide an ending

accumulated operating reserve for the

fiscal year of 25 percent of the projected

cost of operating the program. This

would establish the 1997 season fee at

$1.40 per bale.

Accordingly, § 28.909, paragraph (b)

would be revised to reflect the reduction

in the HVI classification fees.

As provided for in the Uniform Cotton

Classing Fees Act of 1987, as amended,

a five cent per bale discount would

continue to be applied to voluntary

centralized billing and collecting agents

as specified in § 28.909 (c).

Growers or their designated agents

would continue to incur no additional

fees if only one method of receiving

classification data was requested. The

fee for each additional method of

receiving classification data in § 28.910

would remain at five cents per bale, and

it would be applicable even if the same

method was requested. The fee in

§ 28.910 (b) for an owner receiving

classification data from the central

database would remain at five cents per

bale, and the minimum charge of $5.00

for services provided per monthly

billing period would remain the same.

The provisions of § 28.910 (c)

concerning the fee for new classification

memoranda issued from the central

database for the business convenience of

an owner without reclassification of the

cotton will remain the same.

The fee for review classification in

§ 28.911 would be reduced from $1.50

per bale to $1.40 per bale.

The fee for returning samples after

classification in § 28.911 would remain

at 40 cents per sample.

List of Subjects in 7 CFR Part 28

Administrative practice and

procedures, Cotton, Cotton samples,

Grades, Market news, Reporting and

recordkeeping requirements, Standards,

Staples, Testing, Warehouses.

For the reasons set forth in the

preamble, 7 CFR Part 28 is proposed to

be amended as follows:

PART 28—[AMENDED]

1. The authority citation for Part 28

would continue to read as follows:

Authority: 7 U.S.C. 471–476.

2. Section 28.909, paragraph (b)

would be revised to read as follows:

§ 28.909 Costs.

* * * * *

(b) The cost of High Volume

Instrument (HVI) cotton classification

service to producers is $1.40 per bale.

* * * * *

3. In Section 28.911, the last sentence

of paragraph (a) would be revised to

read as follows:

§ 28.911 Review classification.

(a) * * * The fee for review

classification is $1.40 per bale.

* * * * *

Dated: March 10, 1997.

Lon Hatamiya,

Administrator.

[FR Doc. 97–6648 Filed 3–14–97; 8:45 am]

BILLING CODE: 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AGL–7]

Modification of Class E Airspace;

Manitowish, WI, Manitowish Waters

Airport

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

modify Class E airspace at Manitowish,

WI. A Global Positioning System (GPS)

standard instrument approach

procedure (SIAP) to Runway 32 has

been developed for Manitowish Waters

Airport. Controlled airspace extending

upward from 700 to 1200 feet above

ground level (AGL) is needed to contain

aircraft executing the approach. The

intended affect of this proposal is to

provide segregation of aircraft using

instrument approach procedures in

instrument conditions from other

aircraft operating in visual weather

conditions.

DATES: Comments must be received on

or before April 30, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, AGL–7, Rules

Docket No. 97–AGL–7, 2300 East Devon

Avenue, Des Plaines, Illinois 60018.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 East Devon

Avenue, Des Plaines, Illinois. An

informal docket may also be examined

during normal business hours at the Air

Traffic Division, Operations Branch,

Federal Aviation Administration, 2300

East Devon Avenue, Des Plaines,

Illinois.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

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. 97–

AGL–7.’’ 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, FAA,

Great Lakes Region, Office of the

Assistant Chief Counsel, 2300 East

Devon Avenue, Des Plaines, Illinois,

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.
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Proposed Rules 12579

Availability of NPRM’s

Any person may obtain a copy of the

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–230, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3484.

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 considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

modify Class E airspace at Manitowish,

WI; this proposal would provide

adequate Class E airspace for operators

executing the GPS Runway 32 SIAP at

Manitowish Waters Airport. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed to contain

aircraft executing the approach. The

intended affect of this action is to

provide segregation of aircraft using

instrument approach procedures in

instrument conditions from other

aircraft operating in visual weather

conditions. The area would be depicted

on appropriate aeronautical charts

thereby enabling pilots to

circumnavigate the area or otherwise

comply with IFR procedures. Class E

airspace designations for airspace areas

extending upward from 700 feet or more

above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9D dated September 4, 1996,

and effective September 16, 1996, which

is incorporated by reference in 14 CFR

71.1. The Class E airspace designation

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, proposed 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 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

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL WI E5 Manitowish, WI [Revised]

Manitowish Waters Airport

(Lat. 46°07′19′′ N, long. 89°52′56′′ W)

That airspace extending upward from 700

feet above the surface within a 7-mile radius

of the Manitowish Waters Airport and within

4 miles each side of the 141° bearing from the

airport extending from the 7-mile radius to 9

miles southeast of the airport, excluding that

airspace within the Minocqua-Woodruff

Class E airspace.

* * * * *

Issued in Des Plaines, Illinois on February

27, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–6619 Filed 3–14–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 97N–0075]

Food Labeling; Timeframe for Final

Rules Authorizing Use of Health

Claims

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

amend its regulations to provide a

timeframe in which it will issue final

rules in rulemakings on health claims

announcing whether it will authorize

the use of the claim at issue. FDA is also

providing for extensions of that

timeframe for cause. The agency is

issuing this proposal in response to a

recent judicial decision.

DATES: Written comments by April 16,

1997. The agency is proposing that any

final rule that may issue based on this

proposal become effective 30 days after

the date of its publication.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

Rm. 1–23, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Joyce J. Saltsman, Center for Food Safety

and Applied Nutrition (HFS–165), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–205–5483.

SUPPLEMENTARY INFORMATION:

I. Background

Section 403(r) of the Food, Drug, and

Cosmetic Act (the act) (21 U.S.C. 343(r)),

which was added by the Nutrition

Labeling and Education Act of 1990 (the

1990 amendments), provides for claims

on the label and in the labeling of food

that characterize the relationship of

nutrients to a disease or health-related

condition. In providing for these claims,

called ‘‘health claims,’’ the act treats

conventional foods differently than

dietary supplements. For conventional

foods, the act sets out the procedure and

standard that FDA is to use in deciding

whether to authorize health claims. For

dietary supplements, the act states that

health claims for these products are to

be subject to a procedure and standard

established by regulation of the

Secretary of Health and Human Services

(the Secretary), and by delegation FDA

(section 403(r)(5)(D) of the act).

In January 1994, FDA completed a

rulemaking to implement the health

claim provisions of the act for dietary

supplements. FDA decided to adopt the

procedure and standard established in

the act for health claims for

conventional foods as the procedure and

standard for dietary supplements (59 FR

395 at 405, January 4, 1994). Thus,

health claims can be made for dietary

supplements if FDA determines that the

relationship between the substance and

disease that are the subjects of the claim

is scientifically valid, as well as truthful

and not misleading. The standard that