24500 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules

service for which an APHIS user fee is

due, and the user has not paid the fee

within the time required, or if the

payment offered by the user is

inadequate or unacceptable, then APHIS

will take the following action:

(1) Animals or birds in quarantine. If

an APHIS user fee specified in § 130.2

or § 130.3 is due for animals or birds in

quarantine at an Animal Import Center

or at a privately operated import

quarantine facility, APHIS will not

release them;

(2) Export health certificate. If an

APHIS user fee specified in § 130.20 is

due for an export health certificate,

APHIS will not release the certificate;

and

(3) Veterinary diagnostics. If an

APHIS user fee specified in §§ 130.14

through 130.19 is due for a veterinary

diagnostic test or service, APHIS will

not release the test result, any endorsed

certificate, or any other veterinary

diagnostic service.

(c) Late payment penalty. If for

unbilled user fees, the user fees are

unpaid 30 days after the date the

pertinent regulatory provisions

indicates payment is due, or if billed,

are unpaid 30 days after the date of the

bill, APHIS will impose a late payment

penalty and interest charges in

accordance with 31 U.S.C. 3717.

(d) Dishonored payment penalties.

User fees paid with dishonored forms of

payment, such as a check returned for

insufficient funds, will be subject to

interest and penalty charges in

accordance with 30 U.S.C. 3717.

Administrative charges will be assessed

at $20.00 per dishonored payment to be

paid in addition to the original amount

owed. Payment must be in guaranteed

form, such as cash, money order, or

certified check.

(e) Debt collection management. In

accordance with the Debt Collection

Improvement Act of 1996, the following

provisions apply:

(1) Taxpayer identification number.

APHIS will collect a taxpayer

identification number from all persons,

other than federal agencies, who are

liable for a user fee;

(2) Administrative offset. APHIS will

notify the Department of Treasury of

debts that are over 180 days delinquent

for the purposes of administrative offset.

Under administrative offset, the

Department of Treasury will withhold

funds payable by the United States to a

person (i.e., Federal income tax refunds)

to satisfy the debt to APHIS.

(3) Cross-servicing. APHIS will

transfer debts that are over 180 days

delinquent to the Department of

Treasury for cross-servicing. Under

cross-servicing, the Department of

Treasury will collect debts on behalf of

APHIS. Exceptions will be made for

debts that meet certain requirements, for

example, debts that are already at a

collection agency or in payment plan;

and

(4) Report delinquent debt. APHIS

will report all unpaid debts to credit

reporting bureaus.

(f) Animals or birds abandoned after

quarantine at an Animal Import Center.

Animals or birds left in quarantine at an

Animal Import Center for more than 30

days after the end of the required

quarantine period will be deemed to be

abandoned.

(1) After APHIS releases the

abandoned animals or birds from

quarantine, APHIS may seize them and

sell or otherwise dispose of them, as

determined by the Administrator,

provided that their sale is not contrary

to any Federal law or regulation, and

may recover all expenses of handling

the animals or birds from the proceeds

of their sale or disposition.

(2) If animals or birds abandoned in

quarantine at an Animal Import Center

cannot be released from quarantine,

APHIS may seize and dispose of them,

as determined by the Administrator, and

may recover all expenses of handling

the animals or birds from the proceeds

of their disposition and from persons

liable for user fees under § 130.50(a).

Done in Washington, DC, this 28th day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–11776 Filed 5–1–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–ANM–07]

Proposed Modification of Class D

Airspace; Colorado Springs USAF

Academy Airstrip, CO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking

(NPRM).

SUMMARY: This proposal would amend

the Class D airspace area at Colorado

Springs United States Air Force (USAF)

Academy Airstrip, CO. The intended

effect of this action is to provide

additional airspace in the Visual Flight

Rules (VFR) traffic pattern by increasing

the ceiling of the Class D airspace from

8600’MSL to 8800 MSL.

DATES: Comments must be received on

or before June 18, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Airspace Branch, ANM–520, Federal

Aviation Administration, Docket No.

98–ANM–07, 1601 Lind Avenue SW,

Renton, Washington 98055–4056.

The official docket may be examined

in the office of the Assistant Chief

Counsel for the Northwest Mountain

Region at the same address.

An informal docket may also be

examined during normal business hours

in the office of the Manager, Air Traffic

Division, Airspace Branch, at the

address listed above.

FOR FURTHER INFORMATION CONTACT:

Dennis Ripley, ANM–520.6, Federal

Aviation Administration, Docket No.

98–ANM–07, 1601 Lind Avenue SW,

Renton, Washington 98055–4056;

telephone number: (425) 227–2527.

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. 98–

ANM–07.’’ 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 contain in

this notice may be changed in the light

of comments received. All comments

submitted will be available for

examination at the address listed above,

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

NPRM by submitting a request to the
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24501

Federal Aviation Administration,

Airspace Branch, ANM–520, 1601 Lind

Avenue SW, Renton, Washington

98055–4056. 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 Title 14 Code of Federal

Regulations, part 71 (14 CFR 71) to

modify Class D airspace at Colorado

Springs USAF Academy Airstrip, CO.

The USAF Academy has seen

substantial development adjacent to the

airfield in recent years causing the VFR

traffic pattern altitude to be increased to

7800’MSL (1000’AGL). In the interest of

safety at this high intensity student

training area, it is considered reasonable

and necessary to have a 1000’ Class D

airspace area above the standard VFR

traffic pattern. The 1000’ of Class D area

allows a student pilot a safety area of

500’ above the standard VFR traffic

pattern and still have 500’ from

overflights of the USAF Class D

airspace. This proposal would satisfy

the requirement of a 1000’ safety area by

increasing the Class D airspace area

from 8600’MSL to 8800 MSL.

The area would be depicted on

aeronautical charts for pilot reference.

The coordinates for this airspace docket

are based on North American Datum 83.

Class D airspace areas designated as

surface areas are published in Paragraph

5000 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 Class D 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. It,

therefore, (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 rule,

when promulgated,, will not have a

signficiant 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 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.

§ 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 5000 General.

* * * * *

ANM CO D Colorado Springs USAF

Academy Airstrip, CO [Revised]

Colorado Springs USAF Academy Airstrip,

CO

(Lat. 38°58′11′′ N, long. 104°48′47′′ W)

That airspace extending upward from the

surface to and including 8,800 feet MSL

within a 3-mile radius of the USAF Academy

Airstrip, excluding that airspace within the

Colorado Springs, CO. Class C airspace area.

This Class D airspace area is effective during

the specific dates and times established in

advance by a Notice to Airmen. The effective

date and time will thereafter be continuously

published in the Airport/Facility Directory.

* * * * *

Issued in Seattle, Washington, on April 6,

1998.

Joe E. Gingles,

Acting Assistant Manager, Air Traffic

Division, Northwest Mountain Region.

[FR Doc. 98–11767 Filed 5–1–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

[Docket No. H–71]

RIN 1218–AA95

Methylene Chloride; Notice of Motion

for Reconsideration; Proposed Rule

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Notice of motion for

reconsideration; proposed rule.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) has

received a motion for reconsideration of

certain provisions of its standard

regulating occupational exposure to

methylene chloride (MC), 62 FR 1494

(Jan. 10, 1997). The motion, filed jointly

by the International Union, United

Automobile, Aerospace and Agricultural

Implement Workers of America, UAW,

the Halogenated Solvents Industry

Alliance, Inc., and others asks OSHA to

amend the methylene chloride standard

by adding to the medical surveillance

provisions of the standard a provision

for temporary medical removal

protection benefits for employees who

are temporarily removed or transferred

to another job because of a medical

determination that exposure to

methylene chloride may aggravate or

contribute to the employee’s existing

skin, heart, liver, or neurological

disease; and modifying certain startup

dates for employers in certain identified

application groups, i.e., who use MC in

certain work operations. The standard

currently requires employers with fewer

than 20 employees to complete

installation of engineering controls by

April 10, 2000 and larger employers to

do so by earlier dates. The motion asks

that the April 10, 2000 startup date for

engineering controls be applied to some

additional small- and medium-sized

employers in the identified application

groups. Shorter startup date extensions

are requested for the larger employers in

those same application groups. The

parties to the motion further request that

respirator use to achieve the 8-hour

time-weighted-average permissible

exposure limit not be required before

the engineering control startup dates for

the employers covered by the motion.

OSHA tentatively concludes that the

amendments are appropriate and are

supported by the rulemaking record.

Accordingly, OSHA is hereby proposing

to amend the MC standard with the