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

13533

Vol. 62, No. 55

Friday, March 21, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1215

[FV–96–709FR]

Popcorn Promotion, Research, and

Consumer Information Order;

Referendum Procedures

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The purpose of this rule is to

provide procedures which the

Department of Agriculture (Department)

will use in conducting the referendum

to determine whether the issuance of

the proposed Popcorn Promotion,

Research, and Consumer Information

Order is favored by a majority of the

processors voting in the referendum and

that the majority process more than 50

percent of the popcorn certified as being

processed by those voting in the

referendum.

DATES: This rule is effective from March

22, 1997, through August 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Stacey L. Bryson, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, Room 2535–S,

P.O. Box 96456, Washington, D.C.

20090–6456. Telephone (888) 720–9917

or (202) 720–6930.

SUPPLEMENTARY INFORMATION: A

referendum will be conducted among

eligible popcorn processors to

determine whether the issuance of the

proposed Popcorn Promotion, Research,

and Consumer Information Order

(Order) (7 CFR part 1215) is favored by

a majority of persons voting in the

referendum. The Order is authorized

under the Popcorn Promotion, Research

and Consumer Information Act (Act)

(Pub. L. 104–427, 7 U.S.C. 7481–7491).

Executive Order 12988

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. It is not intended to

have retroactive effect. This final rule

will not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. In accordance with § 580 of

the Act, nothing in the popcorn statute

preempts or supersedes any other

program relating to popcorn promotion

organized and operated under the laws

of the United States or any State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 577 of the Act, a person subject

to the Order may file a petition with the

Secretary stating that the Order or any

provision of the Order, or any obligation

imposed in connection with the Order,

is not in accordance with law and

requesting a modification of the Order

or an exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition. The Act provides that

the district courts of the United States

in any district in which a person who

is a petitioner resides or carries on

business are vested with jurisdiction to

review the Secretary’s ruling on the

petition, if a complaint for that purpose

is filed within 20 days after the date of

the entry of the ruling.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been determined not

significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), the

Agency has examined the impact of this

rule on small entities. Accordingly, we

have performed this Final Regulatory

Flexibility Analysis.

The Act which authorized the

creation of a generic program of

promotion and research for popcorn

became effective on April 4, 1996.

Section 576 of the Act provides that

the Secretary shall conduct a

referendum, within the 60-day period

immediately preceding the effective

date of the Order, to determine whether

the issuance of the Order is favored by

a majority of the processors voting in

the referendum. Paragraph (2) of section

576 of the Act requires that the Order

become effective only if favored by a

majority of the processors voting in the

referendum and if the majority

processed more than 50 percent of the

popcorn certified as having been

processed during the representative

period by the processors voting.

Small agricultural service firms,

which would include processors who

would be covered under the proposed

Order, have been defined by the Small

Business Administration (13 CFR

121.601) as those whose annual receipts

are less than $5 million. The

Department estimates that there are

approximately 35 processors who would

pay the assessments out of an industry

of 67 processors in total. Almost 50

percent of the industry would be

exempt from the program; those

processors marketing 4 million pounds

or less of popcorn annually would be

exempt. Further, only 2 of the 35

eligible processors have been identified

as small entities.

According to the Popcorn Institute, a

trade association consisting of popcorn

processors representing the industry,

annual sales of popcorn were 77.240

million pounds less in 1994 than they

were in 1993, when sales totaled

approximately 1.156 billion pounds.

The peak period for popcorn sales for

home consumption is the fall. Sales

remain constant throughout the winter

months and taper off during the spring

and summer.

Almost all of the popcorn consumed

throughout the world is grown in the

United States, and Americans consume

more popcorn than the citizens of any

other country. Popcorn is grown in 19

states. According to the latest Census on

Agriculture, the top five major popcornproducing states in 1992 were, in

descending order, Indiana (23 percent),

Illinois (19 percent), Nebraska (18

percent), Ohio (10 percent), and

Missouri (7 percent). This is the most

recent official information on popcorn

production released by the U.S.

government.

U.S. exports of popcorn totaled nearly

290 million pounds in 1995, with a

value of $64.7 million. According to the

Snack Food Association, retail sales of

popcorn in the United States totaled

$1.469 billion in 1994.

This rule establishes the procedures

under which eligible popcorn
13534 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations

processors may vote on whether they

want the proposed popcorn promotion

and research program to be

implemented. The proposed Order is

being published separately in this issue

of the Federal Register.

The referendum procedures provide

definitions of who is eligible to vote and

instructions for referendum agents

regarding subagents, publicity for the

referendum and the results, ballots,

voting, ballot handling and tabulation,

reporting, and confidentiality of

referendum materials. The

representative period for establishing

voter eligibility for the referendum will

be determined by the Secretary in a

separate referendum order published

with the proposed order. Persons who

have processed over 4 million pounds of

popcorn for market during the

representative period will be eligible to

vote. There are an estimated 35 eligible

processors of which only two have been

identified as small entities. The

referendum will be conducted by mail

ballot.

The Department will keep all eligible

processors of record informed

throughout the referendum process to

ensure awareness and participation. In

addition, trade associations and related

industry media will receive news

releases and other information regarding

the referendum process.

Voting in the referendum is optional.

However, if processors choose to vote,

the burden of voting would be offset by

the benefits of having the opportunity to

vote on whether they want the program.

It is estimated that there are 35

popcorn processors who will be eligible

to vote in the referendum. It will take an

average 15 minutes for each voter to

read the voting instructions and

complete the referendum ballot. The

total burden on the total number of

voters will be 2.9 hours.

The Department considered requiring

eligible voters to vote in person at

various Department offices across the

country. However, conducting the

referendum from one central location by

mail ballot is more cost effective for this

program. Also, the Department will

provide easy access to information for

potential voters through a toll free

telephone line.

If the program is implemented, the

estimated cost in providing the required

information to the Board under the

Order by the estimated 67 respondents

would be $19.28 per respondent

annually. This total has been estimated

by multiplying 129.15 (total burden

hours requested) by $10.00 per hour, a

sum deemed to be reasonable if the

respondents were compensated for their

time.

Paperwork Reduction Act

In accordance with the Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implements the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

referendum ballot, which represents the

information collection and

recordkeeping requirements that may be

imposed by this rule, was approved by

OMB on December 16, 1996.

Title: National Research, Promotion,

and Consumer Information Programs.

OMB Number: 0581–0093.

Expiration Date of Approval: October

31, 1997.

Type of Request: Revision of a

currently approved information

collection for research and promotion

programs.

Abstract: The information collection

requirements in this request are

essential to carry out the intent of the

Act.

The burden associated with the ballot

is as follows:

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average .25 hours per

response for each processor.

Respondents: Processors.

Estimated Number of Respondents:

35.

Estimated Number of Responses per

Respondent: 1 every 3 years (.33).

Estimated Total Annual Burden on

Respondents: 2.9 hours.

In the proposed rule published on

September 30, 1996, comments were

invited on: (a) Whether the proposed

collection of information is necessary

for the proper performance of functions

of the Order and the Department’s

oversight of the program, including

whether the information will have

practical utility; (b) the accuracy of the

AMS’s estimate of the burden of the

proposed collection of information

including the validity of the

methodology and assumption used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on those who are to respond, including

the use of appropriate automated,

electronic, mechanical, or other

technological collections techniques or

other forms of information technology.

By the November 29, 1996, deadline

for comments on the information

collections associated with the

referendum rules, two comments were

received, from the Popcorn Institute. In

its comments, the Institute states that it

agrees with the Department’s estimate of

the burdens associated with the ballot.

The Institute also states that the ballot

must contain the necessary information

to determine whether each voter is an

eligible processor pursuant to the

referendum rules. The Department

agrees with this. In fact, paragraph (a)(2)

of § 1215.503 of the proposed rule

requires the voters to provide the total

volume of popcorn processed during the

representative period. Further, all

ballots will contain a certification by the

voter that all information provided on

the ballot is correct.

In addition, the Institute

recommended that the Department

develop and utilize procedures to verify

the information collected by the

anticipated 35 potential respondents.

This issue is addressed below in the

discussion of the Institute’s comment on

the referendum procedures.

The Institute further commented that

the burden of voting could be reduced

if the respondents were allowed to

utilize electronic means of

communicating their votes to the

Department. The Institute states that, by

using electronic procedures, the

Department would not have to rely on

conventional mail for the delivery of

ballots. It could confirm the receipt of

ballots confidentially and could more

easily develop a list of voters which

could be used for public inspection and

potential challenges. Although the

Department is receptive to the concept

of utilizing new technological methods

for casting votes in the future, we are

not equipped to implement such a

method and ensure confidentiality and

the identification of each ballot’s origin

by electronic means at this time.

Consequently, it is not possible to

establish a procedure to utilize

electronic methods during the initial

referendum on this program. The

Department believes that mail balloting

is the most efficient and appropriate

method for the upcoming referendum.

Further, the popcorn industry will have

access to the Agricultural Marketing

Service’s web site (http://

www.usda.gov/ams/titlepag.htm),

which will provide information about

the proposed program and the

referendum.

Background

The purpose of the Act is to provide

an orderly procedure for developing and

financing an effective and coordinated

program of promotion, research, and

consumer information to strengthen the

markets for popcorn. The program

would be funded by an assessment of no

more than 8 cents per hundredweight

levied on popcorn processors.

Processors who process and market 4

million pounds or less of popcorn

annually would be exempt from paying
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations 13535

the assessment. Assessments would be

used to pay for: promotion, research,

consumer information, and industry

information; administration,

maintenance, and functioning of the

Popcorn Board which would operate the

program under the Secretary’s

supervision; and expenses incurred by

the Secretary in implementing and

administering the program, including

referendum costs.

This rule will add a new subpart

which establishes procedures to be used

in the initial referendum required by the

Act. This subpart will be in effect for the

referendum period only and will not be

part of the Code of Federal Regulations.

The proposed Order would go into

effect only if the Secretary determines

that the Order is approved by no less

than a majority of the processors voting

in the referendum and if the majority

processed more than 50 percent of the

popcorn certified as having been

processed during the representative

period by the processors voting.

The referendum procedures provide

definitions of who is eligible to vote and

instructions for referendum agents

regarding subagents, publicity for the

referendum and the results, ballots,

voting, ballot handling and tabulation,

reporting, and confidentiality of

referendum materials. The

representative period for establishing

voter eligibility for the referendum shall

be determined by the Secretary. Persons

who have processed over 4 million

pounds of popcorn for market during

the representative period will be eligible

to vote. There are an estimated 35

eligible processors. The referendum will

be conducted by mail ballot.

A proposed rule on the Order was

published in the September 30, 1996,

issue of the Federal Register (61 FR

51046). On the same date, a proposed

rule was published on the referendum

procedures (61 FR 51055). As stated

above, the comment period on the

information collection requirements

associated with this rule ended on

November 29, 1996, and one comment

was received on the information

collection requirements. The comment

period on the substance of the

referendum procedures ended on

October 30, 1996. One comment was

also received, from the Popcorn

Institute, on the procedures.

In its comment on the procedures, the

Institute recommends that the

representative period for determining

voter eligibility be January 1 through

December 31, 1996. This would be the

most recent full calendar year preceding

a referendum in 1997. The Institute

states that this representative period

will ensure that the information is

readily available for respondents to

include on the ballots. The Department

accepts the suggested representative

period. As is common practice, the

representative period will be established

in the referendum order which is being

published with the proposed order. The

referendum order also establishes the

voting period and identifies the

referendum agents. The proposed order

and referendum order will be published

separately in this issue of the Federal

Register.

In its comment, the Institute also

states that it is important that the rule

ensure that those entities that are

comprised of multi-ownership

arrangements are entitled to only one

vote; however, if two popcorn

companies are owned by the same

holding company and both processing

companies will be paying assessments

individually under the proposed

program, both entities should be

entitled to vote separately. However, the

definition of ‘‘person’’ in paragraph (e)

of § 1215.501 provides for these

situations. Under the definition of

‘‘person’’ in the regulations those

entities that are comprised of multiownership arrangements are entitled to

only one vote. For example, a

partnership which owns a processing

facility would only receive one vote

regardless of the number of partners

participating in ownership. However,

the definition also provides that two

companies that pay assessments

separately would be entitled to vote

separately in the referendum.

Further, the Institute expresses the

position that anyone who has reason to

challenge a ballot should be allowed to

do so.

To accomplish this, the Institute

recommends that § 1215.505 be

expanded to require the referendum

agent to ‘‘make available for public

inspection for 10 days following the end

of the referendum period a list of each

person casting a vote in the

referendum.’’

The Department believes that voter

eligibility can be satisfactorily

determined without a challenge process.

The referendum will be conducted by

mail ballot. Ballots will be sent only to

potential eligible voters. Due to the

anticipated small number of voters, the

referendum agents anticipate the ability

to determine the eligibility of a majority

of the voters in advance of the

referendum. The referendum agents will

also take steps to verify any

questionable ballots as provided in

§ 1215.505, which has been slightly

changed to clarify terminology. The

term ‘‘challenged’’ has been changed to

‘‘questioned.’’ All ballot handling is

done in the presence of an official from

the Department’s Office of the Inspector

General (OIG), and the referendum

agents or the OIG official may request

documentation from any or all voters.

We believe this course of action

addresses the commenters concerns as

well as allows for the timely tabulation

of referendum results.

The Institute’s final issue relates to

the technical classification of an eligible

processor as discussed in § 1215.501.

There are several references to

‘‘ownership of the popcorn process’’ or

‘‘ownership of all or a portion of the

popcorn process.’’ The Institute believes

these references are confusing and

recommends that they be changed to

‘‘ownership of the popcorn processed’’

or ‘‘ownership of all or a portion of the

popcorn processed.’’ The Department

has modified the proposed rule

accordingly.

After consideration of all relevant

material presented, it is found that this

final rule effectuates the declared policy

of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) These procedures are the

same as or similar to referendum

procedures for other research and

promotion programs; (2) it is estimated

that there are no more than 35 eligible

voters; (3) minimal preparation time is

needed to conduct the referendum; (4)

therefore, no useful purpose would be

served in delaying the effective date for

30 days; and (5) this action better

reflects the statutory provisions

concerning issuance of an order.

List of Subjects in 7 CFR Part 1215

Administrative practice and

procedure, Advertising, Consumer

information, Marketing agreements,

Popcorn, Promotion, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, Title 7, chapter XI of the Code

of Federal Regulations is amended as

follows:

1. Part 1215, consisting of subpart C,

is added to read as follows:

PART 1215—POPCORN PROMOTION,

RESEARCH, AND CONSUMER

INFORMATION ORDER

Subpart C—Procedure for the Conduct of

Referenda in Connection With the Popcorn

Promotion, Research, and Consumer

Information Order

Sec.

1215.500 General.

1215.501 Definitions.

1215.502 Voting.
13536 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations

1215.503 Instructions.

1215.504 Subagents.

1215.505 Ballots.

1215.506 Referendum report.

1215.507 Confidential information.

Authority: 7 U.S.C. 7481–7491.

Subpart C—Procedure for the Conduct

of Referenda in Connection With the

Popcorn Promotion, Research, and

Consumer Information Order

§ 1215.500 General.

A referendum to determine whether

eligible processors favor the issuance of

the Order shall be conducted in

accordance with these procedures.

§ 1215.501 Definitions.

Unless otherwise defined below, the

definitions of terms used in these

procedures shall have the same meaning

as the definitions in the Order.

(a) Administrator means the

Administrator of the Agricultural

Marketing Service, with power to

redelegate, or any officer or employee of

the Department to whom authority has

been delegated or may hereafter be

delegated to act in the Administrator’s

stead.

(b) Order means the Popcorn

Promotion, Research, and Consumer

Information Order.

(c) Referendum agent or subagent

means the individual or individuals

designated by the Secretary to conduct

the referendum.

(d) Representative period means the

period designated by the Secretary.

(e) Person means any individual,

group of individuals, partnership,

corporation, association, cooperative, or

any other legal entity. For the purpose

of this definition, the term

‘‘partnership’’ includes, but is not

limited to:

(1) A husband and wife who have title

to, or leasehold interest in, processing

facilities and equipment as tenants in

common, joint tenants, tenants by the

entirety, or, under community property

laws, as community property, and

(2) So-called ‘‘joint ventures’’ wherein

one or more parties to the agreement,

informal or otherwise, contributed

capital and others contributed labor,

management, equipment, or other

services, or any variation of such

contributions by two or more parties so

that it results in the processing of

popcorn and the authority to transfer

title to the popcorn so processed.

(f) Eligible processor means any

person who processes over 4 million

pounds of popcorn during the

representative period and who:

(1) Owns or shares in the ownership

of processing facilities and equipment

resulting in the ownership of the

popcorn processed;

(2) Rents processing facilities and

equipment resulting in the ownership of

all or a portion of the popcorn

processed;

(3) Owns processing facilities and

equipment but does not manage them

and, as compensation, obtains the

ownership of a portion of the popcorn

processed; or

(4) Is a party in a landlord-tenant

relationship or a divided ownership

arrangement involving totally

independent entities cooperating only to

process popcorn who share the risk of

loss and receive a share of the popcorn

processed. No other acquisition of legal

title to popcorn shall be deemed to

result in persons becoming eligible

processors.

§ 1215.502 Voting.

(a) Each person who is an eligible

processor as defined in this subpart, at

the time of the referendum and during

the representative period, shall be

entitled to cast only one ballot in the

referendum. However, each processor in

a landlord-tenant relationship or a

divided ownership arrangement

involving totally independent entities

cooperating only to process popcorn, in

which more than one of the parties is a

processor, shall be entitled to cast one

ballot in the referendum covering only

such processor’s share of the ownership.

(b) Proxy voting is not authorized, but

an officer or employee of an eligible

corporate processor or an administrator,

executor, or trustee of an eligible

processing entity may cast a ballot on

behalf of such processing entity. Any

individual so voting in a referendum

shall certify that such individual is an

officer or employee of the eligible

processor, or an administrator, executor,

or trustee of an eligible processing

entity, and that such individual has the

authority to take such action. Upon

request of the referendum agent, the

individual shall submit adequate

evidence of such authority.

(c) All ballots are to be cast by mail.

§ 1215.503 Instructions.

The referendum agent shall conduct

the referendum, in the manner herein

provided, under the supervision of the

Administrator. The Administrator may

prescribe additional instructions, not

inconsistent with the provisions hereof,

to govern the procedures to be followed

by the referendum agent. Such agent

shall:

(a) Prepare ballots and related

material to be used in the referendum.

Ballot material shall provide for

recording essential information

including that needed for ascertaining:

(1) Whether the person voting, or on

whose behalf the vote is cast, is an

eligible voter, and

(2) The total volume of popcorn

processed by the voting processor

during the representative period.

(b) Give reasonable advance public

notice of the referendum by utilizing

available media or public information

sources, without incurring advertising

expense, to publicize the dates, method

of voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio and

such other means as the agent may

deem advisable.

(c) Mail to each eligible processor

whose name and address is known to

the agent, the instructions on voting and

a ballot. No person who claims to be

eligible to vote shall be refused a ballot.

(d) At the end of the voting period,

collect, open, number, and review the

ballots and tabulate the results in the

presence of an agent of the Office of

Inspector General.

(e) Prepare a report on the

referendum.

(f) Announce the results to the public.

§ 1215.504 Subagents.

The referendum agent may appoint

any individual or individuals deemed

necessary or desirable to assist the agent

in performing such agent’s functions

hereunder. Each individual so

appointed may be authorized by the

agent to perform any and all functions

which, in the absence of such

appointment, shall be performed by the

agent.

§ 1215.505 Ballots.

The referendum agent and subagents

shall accept all ballots cast; but, should

they, or any of them, deem that a ballot

should be questioned for any reason, the

agent or subagent shall endorse above

their signature, on the ballot, a

statement to the effect that such ballot

was questioned, by whom questioned,

the reasons therefore, the results of any

investigations made with respect

thereto, and the disposition thereof.

Ballots invalid under this subpart shall

not be counted.

§ 1215.506 Referendum report.

Except as otherwise directed, the

referendum agent shall prepare and

submit to the Administrator a report on

results of the referendum, the manner in

which it was conducted, the extent and

kind of public notice given, and other

information pertinent to analysis of the

referendum and its results.
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations 13537

§ 1215.507 Confidential information.

The ballots and other information or

reports that reveal, or tend to reveal, the

vote of any processor in the referendum

shall be held strictly confidential and

shall not be disclosed.

Dated: March 18, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–7293 Filed 3–20–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–AWP–32]

Amendment of Class E Airspace;

Battle Mountain, NV

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: .Final rule.

SUMMARY: This action amends the Class

E airspace area at Battle Mountain, NV.

The development of a Global

Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP)

to Runway (RWY) 03 has made this

action necessary. The intended effect of

this action is to provide adequate

controlled airspace for Instrument Flight

Rules (IFR) operations at Battle

Mountain Airport, Battle Mountain, NV.

EFFECTIVE DATE: 0901 UTC May 22,

1997.

FOR FURTHER INFORMATION CONTACT:

William Buck, Airspace Specialist,

Operations Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California 90261,

telephone (310) 725–6556.

SUPPLEMENTARY INFORMATION:

History

On January 8, 1997, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by amending the Class E

airspace area at Battle Mountain, NV (62

FR 1073). This action will provide

adequate controlled airspace to

accommodate a GPS SIAP to RWY 03 at

Battle Mountain Airport, Battle

Mountain, NV.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. Class E airspace designations

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 designations

listed in this document will be

published subsequently in this Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulation (14 CFR

part 71) amends the Class E airspace

area at Battle Mountain, NV. The

development of a GPS SIAP to RWY 03

has made this action necessary. The

effect of this action will provide

adequate airspace for aircraft executing

the GPS RWY 03 SIAP at Battle

Mountain Airport, Battle Mountain, NV.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendment 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 DOT Regulatory

Policies and Procedures (44 FR 10034;

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 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).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

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 area

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AWP AZ E5 Battle Mountain, NV [Revised]

Battle Mountain Airport, NV

(lat. 40°35′57′′ N, long. 116°52′28′′ W)

Battle Mountain VORTAC

(lat. 40°34′09′′ N, long. 116°55′20′′ W)

That airspace extending upward from 700

feet above the surface with a 4.3-mile radius

of the Battle Mountain Airport and within 4.3

miles southeast and 11.7 miles northwest of

the Battle Mountain VORTAC 218° radial

extending from the Battle Mountain VORTAC

to 25 miles southwest of the VORTAC. That

airspace extending upward from 1200 feet

above the surface within 8.7 miles southeast

and 11.7 miles northwest of the Battle

Mountain VORTAC 218° and 038° radials

extending from 25 miles southwest to 10.4

miles northeast of the Battle Mountain

VORTAC 077° and 257° radials, extending

from 7 miles west to 16.1 miles east of the

Battle Mountain VORTAC.

* * * * *

Issued in Los Angeles, California, on

February 28, 1997.

Michael Lammes,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–7225 Filed 3–20–97; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulations Nos. 4 and 16]

RIN 0960–AE57

Supplemental Security Income;

Determining Disability for a Child

Under Age 18; Correction

AGENCY: Social Security Administration.

ACTION: Correction to interim final rules.

SUMMARY: This document contains

corrections to the interim final rules

published Tuesday, February 11, 1997

(62 FR 6408). These rules implement the

childhood disability provisions of

sections 211 and 212 of Public Law

104–193, the Personal Responsibility

and Work Opportunity Reconciliation

Act of 1996.

DATES: This correction is effective

beginning April 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Bridgewater, Legal Assistant,

Division of Regulations and Rulings,

Social Security Administration, 6401

Security Boulevard, Baltimore, MD

21235, (410) 965–3298 for information

about these rules. For information on

eligibility or claiming benefits, call our

national toll-free number, 1–800–772–

1213.