35502 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

1Among such other products are the following:

Raw nuts, Christmas trees and evergreens; flowers

and flower bulbs; and onion sets.

2None of the requirements in the regulations of

this part shall excuse failure to comply with any

Federal, State, county, or municipal laws applicable

to products covered in the regulations in this part.

3Among such other processed food products are

the following: Honey; molasses, except for

stockfeed; nuts and nut products, except oil; sugar

(cane, beet, and maple); sirups (blended), sirups,

except from grain; tea; cocoa; coffee; spices;

condiments.

4Compliance with these standards does not

excuse failure to comply with the provisions of the

Federal Food, Drug and Cosmetic Act.

7 CFR Part 32

Mohair.

7 CFR Part 36

Administrative practice and

procedure, Agricultural commodities,

Food grades and standards, Reporting

and recordkeeping requirements.

7 CFR Part 51

Agricultural commodities, Food

grades and standards, Fruits, Nuts,

Reporting and recordkeeping

requirements, Trees, Vegetables.

7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and recordkeeping

requirements, Vegetables.

7 CFR Part 53

Cattle, Hogs, Livestock, Sheep.

7 CFR Part 54

Food grades and standards, Food

labeling, Meat and meat products.

7 CFR Part 56

Eggs and egg products, Food grades

and standards, Food labeling, Reporting

and recordkeeping requirements.

7 CFR Part 58

Dairy products, Food grades and

standards, Food labeling, Reporting and

recordkeeping requirements.

7 CFR Part 70

Food grades and standards, Food

labeling, Poultry and poultry products,

Rabbits and rabbit products, Reporting

and recordkeeping requirements.

7 CFR Part 160

Administrative practice and

procedure, Advertising, Forests and

forest products, Labeling, Packaging and

containers, Reporting and recordkeeping

requirements.

PART 29—TOBACCO INSPECTION

PART 31—WOOL STANDARDS

PART 32—MOHAIR STANDARDS

PART 36—PROCEDURES BY WHICH

THE AGRICULTURAL MARKETING

SERVICE DEVELOPS, REVISES,

SUSPENDS, OR TERMINATES

VOLUNTARY OFFICIAL GRADE

STANDARDS

PART 51—FRESH FRUITS,

VEGETABLES AND OTHER

PRODUCTS1 2 (INSPECTION,

CERTIFICATION, AND STANDARDS)

PART 52—PROCESSED FRUITS AND

VEGETABLES, PROCESSED

PRODUCTS THEREOF, AND CERTAIN

OTHER PROCESSED FOOD

PRODUCTS3

PART 53—LIVESTOCK (GRADING,

CERTIFICATION, AND STANDARDS)

PART 54—MEATS, PREPARED

MEATS, AND MEAT PRODUCTS

(GRADING, CERTIFICATION, AND

STANDARDS)

PART 56—GRADING OF SHELL EGGS

AND U.S. STANDARDS, GRADES, AND

WEIGHT CLASSES FOR SHELL EGGS

PART 58—GRADING AND

INSPECTION, GENERAL

SPECIFICATIONS FOR APPROVED

PLANTS AND STANDARDS FOR

GRADES OF DAIRY PRODUCTS4

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS AND U.S. CLASSES,

STANDARDS, AND GRADES

PART 160—REGULATIONS AND

STANDARDS FOR NAVAL STORES

Accordingly the interim final rule

amending 7 CFR Parts 29, 31, 32, 51, 52,

53, 54, 56, 58, 70, and 160, which was

published at 60 FR 62172 on December

4, 1995, and the interim final rule

amending 7 CFR Parts 29, 31, 32, 36, 52,

53, 54, and 58, which was published at

62 FR 43430 on August 13, 1997, are

adopted as final rules, without change.

Dated: June 24, 1998.

Enrique E. Figueroa,

Administrator, Agricultural Marketing

Service.

[FR Doc. 98–17349 Filed 6–29–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Parts 800 and 801

RIN 0580–AA62

Official Testing Service for Corn Oil,

Protein, and Starch

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Interim rule with request for

comment.

SUMMARY: The Grain Inspection, Packers

and Stockyards Administration (GIPSA)

is extending the use of the currently

approved near-infrared spectroscopy

(NIRS) analyzers in its official

inspection program to include testing of

corn for oil, protein, and starch content.

GIPSA is incorporating by reference the

Corn Refiners Association Method A–

20, Starch method, into the regulations

and will use it as the chemical reference

method for determining the starch

content in corn. To recover the cost of

providing this service, GIPSA is

establishing a fee identical to the fees

already established for other nearinfrared spectroscopy measurements

(wheat protein and soybean oil and

protein). GIPSA is offering this service

to meet a market demand for reliable

official testing procedures created by

anticipated increases in high-oil corn

(HOC) production.

DATES: This interim rule is effective July

1, 1998. To be assured of consideration,

written comments must be filed before

July 30, 1998.

The incorporation by reference of

Analysis for Starch in Corn, Method A–

20, 2nd revision, April 15, 1986,

Standard Analytical Methods of the

Member Companies of the Corn Refiners

Association, Inc., listed in the rule is

approved by the Director of the Federal

Register as of July 1, 1998.

ADDRESSES: Written comments must be

sent to Sharon Vassiliades, GIPSA,

USDA, STOP 3649, Washington, DC

20250–3649; FAX to (202) 720–4628; or

e-mail svassili@fgisdc.usda.gov.
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 35503

All comments received will be made

available for public inspection in Room

0623, USDA South Building, 1400

Independence Avenue, SW,

Washington, DC, during business hours

(7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: John

Giler, GIPSA, USDA, Room 1661–S,

STOP 3632, Washington, DC, 20250–

3632; telephone (202) 720–0252; or Email jgiler@fgisdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by OMB.

Executive Order 12988

This interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This action is not

intended to have a retroactive effect.

The USGSA provides in section 87g that

no State or subdivision may require or

impose any requirements or restrictions

concerning the inspection, weighing, or

description of grain under the USGSA.

Otherwise, this rule will not preempt

any State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

this rule.

Effect on Small Entities

The Administrator of GIPSA has

determined that this rule will not have

a significant impact on a substantial

number of small entities as defined in

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.).

This rule establishes tolerances to

expand the use of currently approved

near-infrared spectroscopy analyzers to

test corn for oil, protein, and starch

content and to establish a fee identical

to the fees already established for wheat

protein and soybean oil and protein

testing services. Currently, near-infrared

spectroscopy analyzers are being used to

determine protein in wheat and protein

and oil in soybean in both domestic and

export markets. There are 57 official

agencies (49 private entities, 8 States)

designated by GIPSA to perform official

grain inspection services. In addition,

there are 8 delegated States. Most of the

agencies could be considered small

entities under Small Business

Administration criteria.

The extent to which these agencies

will choose to provide this service is

difficult to quantify because GIPSA is

offering this service on a request basis

and locations where service is requested

infrequently may make arrangements

with a neighboring agency to provide

the service (7 CFR 800.196(g)(1)). GIPSA

believes that offering this service would

have a beneficial effect on those

agencies electing to provide the service.

For the 1998 crop year, the U.S. Feed

Grains Council’s production

information estimated that

approximately 1,250,000 acres were

planted in high-oil corn, of which 40 to

50 percent is under contract. Currently,

producers, grain handlers, exporters,

and feedlot operators rely primarily on

private laboratories to determine

percent oil, protein, and starch in corn.

Many of the producers, grain handlers,

exporters, and feedlot operators may be

considered small entities under Small

Business criteria. Further, grain

handlers and exporters are using this

information to determine value and

premiums. The extent to which these

entities will request the official testing

of corn for oil, protein, and starch or the

impact of offering this service is

difficult to quantify. GIPSA believes that

corn producers, feedlot operators, grain

handlers, and exporters will rely on the

official system to provide reliable

testing procedures and accurate results

that the market can rely on to negotiate

price, value, and premium.

Fees will be charged for these official

services. The fees charged by GIPSA

will be $1.50 per test when the test is

performed at the applicant’s facility,

$8.00 per test if the test is performed

elsewhere, and $15.75 for an appeal.

These fees are the same as fees charged

for similar tests and their impact on

applicants for services will vary

depending upon usage since these tests

are on a request basis.

Information Collection and

Recordkeeping Requirements

In accordance with the Paperwork

Reduction Act of 1995, the

recordkeeping and reporting burden

imposed by Parts 800 and 801 was

previously approved by OMB under

control number 0580–0013 and will not

be affected by this rule.

Background

In its 1996–97 report, Value-Enhanced

Corn Quality Report, dated April 1997,

the U.S. Feed Grains Council estimated

that value-enhanced corn (VEC) was

produced on 2.3 to 2.8 million acres

(representing 3.2 to 3.8 percent of the

U.S. harvested acreage). VEC includes

waxy corn, high-lysine and other

essential amino acid corn, hard

endosperm corn, popcorn, sweet corn,

white corn, and high-oil corn. The

report projects the U.S. acreage of VEC

to remain essentially unchanged, with

the exception of high-oil corn, which is

considered the fastest growing VEC

produced in the marketplace. The report

stated that more than 1 million acres of

high-oil corn is projected for the 1998

crop year (up from virtually none in

1993), is expected to more than double

(2.5 million acres) in 1999, and to reach

3 million acres by 2000. High-oil corn

will continue to be a significant part of

the VEC produced and traded in the

marketplace.

High-oil corn is used by livestock

feeders to replace animal fat previously

added to livestock rations and to help

the animals gain weight more quickly.

U.S. No. 2 corn typically averages less

than 4.5 percent oil content, while highoil corn can contain up to 8.0 percent.

At this time, depending on the oil

content, high-oil corn premiums range

from 5 to 24 cents per bushel. High-oil

corn is almost exclusively grown

through contracts with livestock feeders

or companies that will export the grain.

For several years, high-oil corn

processors and producers have

expressed an interest in having corn

officially analyzed for oil, protein, and

starch content. GIPSA’s goal is to

provide the corn industry with accurate

results that the market can rely on to

negotiate price, value, and premium.

GIPSA investigated a near-infrared

spectroscopy (NIRS) calibration for use

with currently approved near-infrared

transmittance (NIRT) analyzers using 92

corn samples representing oil, protein,

and starch ranges of 4.0 to 8.5 percent,

8.0 to 12.0 percent, and 64 to 72 percent

(dry basis), respectively. Calibration

performance data were statistically

analyzed for the sample set. The

standard deviation of differences (SDD)

between near-infrared spectroscopy oil

values and official solvent oil extraction

reference results, was 0.44. A

comparison of NIRT analyzer protein

values and official combustion nitrogen

analyzer reference results yielded an

SDD of 0.40. The SDD between nearinfrared spectroscopy analyzer starch

predictions and reference values

obtained using Corn Refiners

Association Method A–20, was 2.20.

GIPSA has determined that this level of

accuracy is commensurate with

prospective official customer needs. To

further assure the performance of the

NIRT analyzer for corn measurements,

GIPSA is establishing the maintenance

tolerances for corn oil content at ±0.20

percent mean deviation from the

national standard NIRS instruments,

which are referenced and calibrated to

the FGIS solvent oil extraction method;

for protein content at ±0.30 percent

mean deviation from the national

standard NIRS instruments, which are
35504 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

referenced and calibrated to the

Combustion method, AOAC

International Method 992.23; and for

starch content at ±0.35 percent mean

deviation from the national standard

NIRS instruments, which are referenced

and calibrated to the Starch method,

Corn Refiners Association Method A–

20.

This rule incorporates by reference

the Corn Refiners Association Method

A–20, Starch method, into the

regulations. GIPSA will use the Starch

method as the chemical reference

method for determining the starch

content in corn.

GIPSA is announcing the

implementation of corn oil, protein, and

starch testing services as an official

criterion effective July 1, 1998. Upon a

request for service, official inspection

personnel will determine corn oil,

protein, and starch under the authority

of the USGSA. Percent oil, protein, and

starch will be reported to the nearest

tenth percent on a dry matter basis (zero

moisture basis) unless another moisture

basis is requested.

GIPSA is required to collect fees for

providing official testing service to

cover, as nearly as practicable, GIPSA’s

costs for performing the service,

including related administrative and

supervisory costs. Testing procedures

and time necessary to determine oil,

protein, and starch in corn using the

approved NIRT analyzers are the same

as those required for NIRT wheat

protein or NIRT soybean oil and protein

determinations. Therefore, GIPSA has

decided to collect fees identical to the

fees established for NIRT wheat protein

or NIRT soybean oil and protein testing

services. These fees will be $1.50 per

test when the service is performed at an

applicant’s facility in an onsite FGIS

laboratory; $8.00 per test when an

original inspection service is performed

at a location other than an applicant’s

facility in an FGIS laboratory; and

$15.75 per test when an appeal

inspection service is performed at a

location other than an applicant’s

facility in an FGIS laboratory.

GIPSA is revising § 800.71 to establish

fees for corn oil, protein, and starch

testing services.

GIPSA is also revising § 801.7 to

establish tolerances for corn oil, protein,

and starch analyzers.

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

and determined upon good cause that it

is unnecessary and contrary to public

interest to give preliminary notice prior

to putting this rule into effect and that

good cause exists for not postponing the

effective date of this rule until 30 days

after publication in the Federal Register

because: (1) this rule merely expands

utilization of currently approved

technology to offer additional services

to the industry and establishes

tolerances for that service; (2) the corn

market year begins July 1, 1998, and the

service should be in effect to allow its

use at the beginning of the marketing

year; and (3) this rule provides a 30-day

opportunity for comment and all written

comments timely received will be

considered prior to finalization of the

rule.

A 30-day comment period is deemed

appropriate because the corn market

year begins on July 1, 1998, and this

rule should be made final as soon as

possible during the beginning of the

1998 year.

List of Subjects in 7 CFR Parts 800 and

801

Grains, Incorporation by reference.

For the reasons set out in the

preamble, 7 CFR Parts 800 and 801 are

amended as follows:

PART 800—GENERAL REGULATIONS

1. The authority citation for Part 800

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.)

2. Section 800.71 is amended by

revising Table 1(2) (i through x) and

adding (xi) and revising Table 2(1)(v)

and (2)(ii) in Schedule A of paragraph

(a) to read as follows:

§ 800.71 Fees Assessed by the Service.

(a) * * *

Schedule A.—Fees for Official

Inspection and Weighing Services

Performed in the United States

Table 1.—* * *

(2) * * *

(i) Aflatoxin (other than Thin

Layer Chromatography) ............. $8.50

(ii) Aflatoxin (Thin Layer Chromatography method) ....................... 20.00

(iii) Corn oil, protein, and starch

(one or any combination) .......... 1.50

(iv) Soybean protein and oil (one

or both) ....................................... 1.50

(v) Wheat protein (per test) ........... 1.50

(vi) Sunflower oil (per test) ........... 1.50

(vii) Vomitoxin (qualitative) ......... 7.50

(viii) Vomitoxin (quantitative) ...... 12.50

(ix) Waxy corn (per test) ............... 1.50

(x) Fees for other tests not listed

above will be based on the lowest noncontract hourly rates.

(xi) Other services

(a) Class Y Weighing (per carrier)

(1) Truck/container ............. .30

(2) Railcar ............................ 1.25

(3) Barge .............................. 2.50

* * * * *

Table 2.—* * *

(1) * * *

(v) Additional tests (excludes

sampling)

(a) Aflatoxin (per test—other

than TLC method) ............... $25.50

(b) Aflatoxin (per test—TLC

method) ............................... 101.50

(c) Corn oil, protein, and

starch (one or any combination) ..................................... 8.00

(d) Soybean protein and oil

(one or both) ........................ 8.00

(e) Wheat protein (per test) .... 8.00

(f) Sunflower oil (per test) ..... 8.00

(g) Vomitoxin (qualitative) ..... 26.00

(h) Vomitoxin (quantitative) .. 31.00

(i) Waxy corn (per test) .......... 9.25

(j) Canola (per test—00 dip

test) ...................................... 9.25

(k) Pesticide Residue Testing 3.

(1) Routine Compounds

(per sample) ..................... 200.00

(2) Special Compounds (per

service representative) .... 100.00

(l) Fees for other tests not listed

above will be based on the

lowest noncontract hourly

rate from Table 1.

(2) * * *

(ii) Additional tests (assessed in

addition to all other applicable fees)

(a) Aflatoxin (per test, other

than TLC) ............................ $25.75

(b) Aflatoxin (TLC) ................. 111.00

(c) Corn oil, protein, and

starch (one or any combination) ..................................... 15.75

(d) Soybean protein and oil

(one or both) ........................ 15.75

(e) Wheat protein (per test) .... 15.75

(f) Sunflower oil (per test) ..... 15.75

(g) Vomitoxin (per test—qualitative) .................................. 36.00

(h) Vomitoxin (per test—

quantitative) ........................ 41.00

(i) Vomitoxin (per test—HPLC

Board Appeal) ..................... 128.00

(j) Pesticide Residue Testing 3.

(1) Routine Compounds

(per sample) ..................... 200.00

(2) Special Compounds (per

service representative) .... 100.00

(k) Fees for other tests not

listed above will be based

on the lowest noncontract

hourly rate from Table 1.

* * * * *

* * * * *

3 If performed outside of normal business,

11⁄2 times the applicable unit fee will be

charged.

* * * * *

PART 801—[AMENDED]

3. The authority for Part 801

continues to read:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71, et seq.)

4. Section 801.7 is revised to read as

follows:
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 35505

§ 801.7 Reference methods and tolerances

for near-infrared spectroscopy (NIRS)

analyzers.

(a) Reference methods. (1) The

chemical reference protein

determinations used to reference and

calibrate official NIRS instruments shall

be performed in accordance with

‘‘Comparison of Kjeldahl Method for

Determination of Crude Protein in

Cereal Grains and Oilseeds with Generic

Combustion Method: Collaborative

Study,’’ July/August 1993, Ronald

Bicsak, Journal of AOAC International

Vol. 76, No. 4, 1993, and subsequently

approved by the AOAC International as

the Combustion method, AOAC

International Method 992.23. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may

be obtained from Director, Technical

Services Division, Federal Grain

Inspection Service, 10383 North

Executive Hills Blvd., Kansas City, MO

64153–1394. Copies may be inspected at

the above address or at the Office of the

Federal Register, 800 North Capitol

Street, NW., 7th Floor, Suite 700,

Washington, DC 20408.

(2) The chemical reference starch

determination used to reference and

calibrate official NIRS instruments shall

be performed in accordance with the

Corn Refiners Association Method A–

20, Analysis for Starch in Corn, Second

revision, April 15, 1986, Standard

Analytical Methods of the Member

Companies of the Corn Refiners

Association, Inc. This incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be obtained from Director,

Technical Services Division, Federal

Grain Inspection Service, 10383 North

Executive Hills Blvd., Kansas City, MO

64153–1394. Copies may be inspected at

the above address or at the Office of the

Federal Register, 800 North Capitol

Street, NW., 7th Floor, Suite 700,

Washington, DC 20408.

(b) Tolerances (1) NIRS wheat protein

analyzers. The maintenance tolerances

for the NIRS analyzers used in

performing official inspections for

determination of wheat protein content

shall be ±0.15 percent mean deviation

from the national standard NIRS

instruments, which are referenced and

calibrated to the Combustion method,

AOAC International Method 992.23.

(2) NIRS soybean oil and protein

analyzers. The maintenance tolerances

for the NIRS analyzers used in

performing official inspections for

determination of soybean oil shall be

±0.20 percent mean deviation from the

national standard NIRS instruments,

which are referenced and calibrated to

the FGIS solvent oil extraction method;

and for determination of protein content

shall be ±0.20 percent mean deviation

from the national standard NIRS

instruments, which are referenced and

calibrated to the Combustion method,

AOAC International Method 992.23.

(3) NIRS corn oil, protein, and starch

analyzers. The maintenance tolerances

for the NIRS analyzers used in

performing official inspections for

determination of corn oil shall be ±0.20

percent mean deviation from the

national standard NIRS instruments,

which are referenced and calibrated to

the FGIS solvent oil extraction method;

for determination of protein content

shall be ±0.30 percent mean deviation

from the national standard NIRS

instruments, which are referenced and

calibrated to the Combustion method,

AOAC International Method 992.23; and

for determination of starch content shall

be ±0.35 percent mean deviation from

the national standard NIRS instruments,

which are referenced and calibrated to

the Starch method, Corn Refiners

Association Method A–20.

Dated: June 19, 1998.

David R. Shipman,

Acting Administrator, Grain Inspection,

Packers and Stockyards Administration.

[FR Doc. 98–16966 Filed 6–29–98; 8:45 am]

BILLING CODE 3410–EN–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AEA–07]

Amendment to Class E Airspace;

Farmville, VA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends Class E

airspace extending upward from 700

feet Above Ground Level (AGL) at

Farmville, VA. The development of a

Standard Instrument Approach

Procedure (SIAP) based on the Global

Positioning System (GPS) at Farmville

Municipal Airport has made this action

necessary. This action is intended to

provide adequate Class E airspace to

contain instrument flight rules (IFR)

operations for aircraft executing the GPS

Runway (RWY) 21 SIAP to Farmville

Municipal Airport.

EFFECTIVE DATE: 0901 UTC, October 8,

1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis Jordan, Airspace Specialist,

Airspace Branch, AEA–520, Air Traffic

Division, Eastern Region, Federal

Aviation Administration, Federal

Building #111, John F. Kennedy

International Airport, Jamaica, New

York 11430; telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

History

On May 15, 1998, a proposal to

amend Part 71 of the Federal Aviation

Regulations (14 CFR Part 71) to amend

the Class E airspace at Farmville, VA,

was published in the Federal Register

(63 FR 27015). The development of the

GPS RWY 21 SIAP for Farmville

Municipal Airport requries the

amendment of the Class E airspace at

Farmville, VA. The proposal was to

amend controlled airspace extending

upward from 700 feet AGL to contain

IRF operations in controlled airspace

during portions of the terminal

operation and while transitioning

between the enroute and terminal

environments.

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. The rule is adopted as

proposed.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace areas

designations for airspace extending

upward from 700 feet AGL are

published in paragraph 6005 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 E airspace

designation listed in this document will

be published subsequently in the Order.

The Rule

This amendment to Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) amends Class E airspace at

Farmville, VA, to provide controlled

airspace extending upward from 700

feet AGL for aircraft executing the GPS

RWY 21 SIAP to Farmville Municipal

Airport.

The FAA has determined that this

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