11466 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

2To estimate the number of such cattle, FSIS 

conducted two surveys on the number of cattle that 

became non-ambulatory after ante-mortem 

inspection then passed the re-inspection in July 

through December 2007. One survey focused on 

establishments that slaughter predominantly cull 

cattle, and the other focused on ones that slaughter 

steers and heifers. FSIS extrapolated the 6-month 

data to annual figures. 

3See Economic Analysis: Final Regulatory Impact 

Analysis Final Rule, Prohibition of the Use of 

Specified Risk Materials for Human Food and 

Requirements for the Disposition of NonAmbulatory Disabled Cattle Offered for Slaughter, 

and Prohibition of the Use of Certain Stunning 

Devices Used to Immobilize Cattle during Slaughter 

(FSIS Docket No. 03–025F), FSIS/USDA, June 28, 

2007. http://www.fsis.usda.gov/ 

Regulations_&_Policies/ 

2007_Interim_&_Final_Rules_Index/index.asp. 

4The value is measured by dressed carcass 

equivalent, ibid., pp.161–169. 

700 steers and heifers—were in this 

category.2 Data from the Agricultural 

Marketing Service (AMS) indicate that 

the market value for a cull cattle carcass 

and parts is between $500 and $1,000, 

and the market value for a steer or heifer 

carcass and parts is between $900 and 

$1,100 (National Weekly Cattle and Beef 

Summary and National Weekly Cow 

and Boneless Beef Summary, USDA 

Livestock & Grain Market News 

(http://www.ams.usda.gov/ 

LSMarketNews), June 2008). Therefore, 

the estimated total market value of the 

carcasses and parts from cattle that 

would be condemned under this final 

rule would be in the range of $930,000 

to $1,370,000 per year. This estimate is 

conservative in that it does not take into 

account the salvage value less the cost 

for handling and disposal of the 

condemned carcasses. 

Although the above analysis focuses 

on costs to the beef industry, the 

industry eventually will pass at least 

some part of the additional cost to 

consumers through higher prices or 

reduced production. This is an indirect 

cost to the consumers and is difficult to 

estimate ex-ante without data. 

Benefits of the Final Rule 

This final rule is intended to ensure 

more effective and efficient 

implementation of inspection 

procedures and improve compliance 

with humane handling requirements. 

This action will provide efficiencies to 

food safety inspection by removing the 

regulatory provision that permits 

establishments to seek re-inspection to 

determine whether certain nonambulatory cattle can be tagged as ‘‘U.S. 

Suspect’’ if those cattle become nonambulatory disabled after passing antemortem inspection. 

Regulatory Flexibility Analysis 

The FSIS Administrator has 

determined that this final rule will not 

have a significant impact on a 

substantial number of small entities, as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601). In the Final 

Regulatory Impact Analysis of SRM 

final rule,3 the Agency estimated that 

the rule would possibly affect 2,026 

small and very small beef slaughter 

establishments. This includes 680 

federally inspected establishments and 

1,346 state inspected establishments. 

Such potential effects are not, however, 

expected to be significant given the very 

small number of cattle involved. 

The estimated total annual cost of this 

rule of $930,000 to $1,370,000 is for the 

entire beef industry. The Agency 

estimates that small and very small 

establishments slaughter about 95% to 

98% of the 1,300 non-ambulatory 

disabled cattle estimated from the 

survey. Therefore, the estimated annual 

cost to the small and very small 

establishments would be about $883,500 

to $1,342,600, which is insignificant 

compared to the value of their annual 

production of about $8.4 billion.4

Paperwork Reduction Act 

This rule has been reviewed under the 

Paperwork Reduction Act and imposes 

no new paperwork or recordkeeping 

requirements. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

located at http://www.fsis.usda.gov/ 

regulations_&_policies/ 

2009Interim_&_Final_Rules_Index/ 

index.asp. FSIS will also make copies of 

this Federal Register publication 

available through the FSIS Constituent 

Update, which is used to provide 

information regarding FSIS policies, 

procedures, regulations, Federal 

Register notices, FSIS public meetings, 

and other types of information that 

could affect or would be of interest to 

constituents and stakeholders. The 

Update is communicated via Listserv, a 

free electronic mail subscription service 

for industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an email subscription service which 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 309 

Ante-mortem inspection. 

■ For the reasons discussed in the 

preamble, FSIS is amending 9 CFR 

Chapter III as follows: 

PART 309—ANTE-MORTEM 

INSPECTION 

■ 1. The authority citation for part 309 

continues to read as follows: 

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53. 

■ 2. Section 309.3(e) is revised to read 

as follows: 

§ 309.3 Dead, dying, disabled, or diseased 

and similar livestock. 

* * * * * 

(e) Establishment personnel must 

notify FSIS inspection personnel when 

cattle become non-ambulatory disabled 

after passing ante-mortem inspection. 

Non-ambulatory disabled cattle that are 

offered for slaughter must be 

condemned and disposed of in 

accordance with § 309.13. 

Done at Washington, DC, on: March 16, 

2009. 

Alfred Almanza, 

Administrator. 

[FR Doc. E9–5987 Filed 3–16–09; 4:15 pm] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0983; Airspace 

Docket No. 08–ASO–14] 

Modification of Class D Airspace; 

MacDill AFB, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published in the Federal Register (73 

FR 60622) that modifies Class D 

Airspace at MacDill AFB, FL to reflect 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11467 

the times when the controlled airspace 

is effective due to the fact that MacDill 

AFB Air Traffic Control Tower no 

longer operates on a full time basis. 

DATES: Effective 0901 UTC, January 15, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

SUPPLEMENTARY INFORMATION: 

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments in the 

Federal Register on October 14, 2008 

(73 FR 60622), Docket No. FAA–2008– 

0983; Airspace Docket No. 08–ASO–14. 

The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

January 15, 2009. No adverse comments 

were received, and thus this notice 

confirms that effective date. 

* * * * * 

Issued in College Park, Georgia, on 

February 25, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–5750 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30656 Amdt. No. 3312] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective March 18, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 18, 

2009. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 

online free of charge. Visit http:// 

www.nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Divisions, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, Part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPs, Takeoff Minimums 

and/or ODPs. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the associated 

Takeoff Minimums and ODPs. This 

amendment also identifies the airport 

and its location, the procedure, and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 

textual ODP amendments may have 

been issued previously by the FAA in a 

Flight Data Center (FDC) Notice to 

Airmen (NOTAM) as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

created the need for some SIAP and 

Takeoff Minimums and ODP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs and Takeoff 

Minimums and ODPs, an effective date 

at least 30 days after publication is 

provided. 

Further, the SIAPs and Takeoff 

Minimums and ODPs contained in this 


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