13930 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

The United Arab Emirates (UAE) has

applied to the United States Department

of Agriculture to be recognized as free

from AHS. The UAE’s last diagnosed

case of AHS was over 29 years ago. The

UAE has been testing horses for AHS.

Additionally, they have an active

surveillance program to monitor for

AHS.

APHIS has reviewed the

documentation submitted by the

Government of the UAE in support of its

request. APHIS officials also performed

on-site inspections of the UAE’s

surveillance program and veterinary

infrastructure. APHIS officials reviewed

the qualifications of the UAE’s

veterinarians, microbiologists, and

histopathologists. APHIS officials

inspected the virology, parasitology, and

bacteriology lab facilities at the Central

Veterinary Research Laboratory in

Dubai. Additionally, APHIS officials

evaluated the UAE’s import-export

practices, including airports, border

crossings, and quarantine facilities. The

airports and border crossings are tightly

controlled with adequate fencing and

other physical barriers to control entry

into the UAE. The APHIS officials

conducting the on-site evaluation

concluded that the veterinary

infrastructure, laboratory facilities, and

import-export practices are effective and

contribute to the AHS-free status of the

UAE.

Based on the information discussed

above, we believe that the UAE qualifies

for removal from the list of countries, in

§ 92.308(a)(2) of the regulations, which

APHIS considers affected with AHS.

This proposed action would relieve

restrictions which require horses

imported from the UAE to enter the

United States only at the port of New

York and be quarantined at the New

York Animal Import Center in

Newburgh, NY, for at least 60 days. This

proposed action would allow horses

from the UAE to be shipped to and

quarantined at ports designated in

§ 92.303, and would reduce the

quarantine period to an average of 3

days to meet the quarantine and testing

requirements specified in § 92.308.

Comment Period

The Administrator of the Animal and

Plant Health Inspection Service has

determined that this rulemaking

proceeding should be expedited by

allowing a 15-day comment period on

this proposal. U.S importers have

requested that this rulemaking be

completed in time to allow them to

import horses from the UAE for this

year’s Kentucky Derby, to be held May

6, 1995. The comment period would

allow the agency to promulgate and

implement a final rule on an expedited

basis. Prompt implementation of a final

rule would facilitate the importation of

horses by removing unnecessary

quarantine restrictions. Removing the

UAE from the list of AHS countries

would significantly reduce the

quarantine period for horses imported

from the UAE. Additionally, this

proposal would allow more flexibility in

the ports used for the importation of

horses from the UAE, making the

importation of horses from the UAE

logistically easier.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. For this

action, the Office of Management and

Budget has waived its review process

required by Executive Order 12866.

The primary impact of this proposal

will be on U.S. importers of horses from

the UAE. The horses imported from the

UAE tend to be higher-valued, purebred

horses. These horses are worth 10 to 20

times more than the average price per

horse from the rest of the world. Few,

if any, of these importers can be

considered a small entity. These

importers will no longer be required to

quarantine horses from the UAE for 60

days at the New York Animal Import

Center in Newburgh, NY. The proposed

rule would allow horses from the UAE

to be shipped to and quarantined at

ports designated in § 92.303, and would

reduce the quarantine and testing period

to an average of three days to meet

quarantine requirements specified in

§ 92.308.

While no horses are reported in the

‘‘Foreign Agricultural Trade of the

United States’’ as being imported

directly from the UAE, we believe that

each year an average of 10 to 20 horses

are imported indirectly from the UAE

through Europe. Removing the

requirement for a 60-day quarantine at

the New York Animal Import Center in

Newburgh, NY, for horses from the UAE

will make the importation of these

horses less expensive and logistically

easier. We anticipate that the number of

horses imported from the UAE may

slightly increase. We estimate

approximately 50 to 100 horses may be

imported per year, though some of these

horses will only be temporarily

imported to the United States for

particular events, and then transported

back to the UAE. With the very small

number of horses imported from the

UAE, we anticipate the overall

economic impact on businesses and

individuals would be minimal.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 92 would be

amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

would continue to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

§ 92.308 [Amended]

2. In § 92.308, paragraph (a)(2) would

be amended by removing ‘‘the United

Arab Emirates,’’.

Done in Washington, DC, this 9th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6373 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–34–P
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13931

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWP–2]

Proposed Amendment to Class E

Airspace; Luke Air Force Base (AFB),

AZ and Class D Airspace; Glendale, AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at Luke

AFB, AZ, and Class D airspace at

Glendale, AZ due to the relocation of

the Luke AFB TACAN. The effect of this

proposal is to provide adequate Class E

and Class D airspace for instrument

flight rules (IFR) operations at Luke

AFB, AZ, and Glendale, AZ.

DATES: Comments must be received on

or before April 17, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, System Management Branch,

AWP–530, Docket No. 95–AWP–2, Air

Traffic Division, P.O. Box 92007,

Worldway Postal Center, Los Angeles,

California, 90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California, 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, System

Management Branch, Air Traffic

Division at the above address.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, System Management

Specialist, System Management Branch,

AWP–530, Air Traffic Division,

Western-Pacific Region, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 297–

0010.

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 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 the

comments a self-addressed, stamped

postcard on which the following

statement is made. ‘‘Comments to

Airspace Docket No. 95–AWP–2.’’ 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 System

Management Branch, Air Traffic

Division, 1500 Aviation Boulevard,

Lawndale, California 90261, 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

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, System

Management Branch, P.O. Box 92007,

Worldway Postal Center, Los Angeles,

California 90009. 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 procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

modify the Class E airspace area at Luke

AFB, AZ, and Class D airspace area at

Glendale, AZ. The relocation of the

Luke AFB TACAN has made this

proposal necessary. The intended effect

of this proposal is to provide adequate

Class E and Class D airspace for aircraft

executing instrument approach

procedures at Luke AFB, AZ, and

Glendale, AZ. Class E and Class D

airspace designations are published in

paragraphs 6002 and 5000 of FAA Order

7400.9B, dated July 1994, and effective

September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class E and Class D airspace

designations listed in this document

would be published subsequently in

this Order.

The FAA has determined that this

proposed regulation only involves

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 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 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. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6002 Class E Airspace Areas

Designated as a Surface Area for an Airport.

* * * * *

AWP AZ E2 Phoenix, Luke Air Force Base,

AZ [Revised]

Phoenix Luke Air Force Base, AZ

(Lat. 33°32′06′′ N, long. 112°22′59′′ W)

Luke Air Force Base TACAN

(Lat. 33°32′16′′ N, long. 112°22′49′′ W)

That airspace extending upward from the

surface to and including 3,600 feet MSL

within a 4.4-mile radius of the Luke AFB and

within 2 miles each side of the Luke TACAN

220° radial, extending from the 4.4-mile

radius to 5.2 miles southwest of the Luke

TACAN, excluding that portion within the

Glendale, AZ Class D airspace area. This

Class E airspace area is effective during the
13932 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

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.

* * * * *

Paragraph 5000 Class D Airspace

* * * * *

AWP AZ D Glendale, AZ [Revised]

Glendale Municipal Airport, AZ

(Lat. 33°31′38′′ N, long. 112°17′42′′ W)

That airspace extending upward from the

surface to including 3,100 feet MSL within a

3-mile radius of the Glendale Municipal

Airport excluding that portion west of a line

beginning at lat. 33°29′00′′ N, long.

112°19′26′′ W; to lat. 33°29′29′′ N, long.

112°19′29′′ W; to lat. 33°33′24′′ N, long.

112°18′04′′ W; to lat. 33°34′32′′ N, long.

112°16′43′′ W. 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 Director.

* * * * *

Issued in Los Angeles, California, on

March 3, 1995.

Dennis T. Koehler,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 95–6381 Filed 3–14–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

Montana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing the

receipt of a proposed amendment to the

Montana regulatory program

(hereinafter, the ‘‘Montana program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consist of

revisions to Title 26, Chapter 4,

Subchapters 3 through 12 of the

Administrative Rules of Montana

(ARM). The amendment is intended to

revise the Montana program to be

consistent with the corresponding

Federal regulations, incorporate the

additional flexibility afforded by the

revised Federal regulations, clarify

ambiguities, and improve operational

efficiency

This document sets forth the times

and locations that the Montana program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and procedures that will be

followed regarding the public hearing if

one is requested.

DATES: Written comments must be

received by 4:00 p.m., m.s.t. April 14,

1995. If requested, a public hearing on

the proposed amendment will be held

on April 10, 1995. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.s.t. on March

30, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the Montana program, the

proposed amendment, and all written

comments received in response to this

notice will be available for public

review at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays.

Each requester may receive one free

copy of the proposed amendment by

contacting OSM’s Casper Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East B Street, Room 2128, Casper, WY

82601–1918, Casper, WY 82601–1918,

Telephone: (307) 261–5776.

Gary Amestoy, Administrator, Montana

Department of State Lands,

Reclamation Division, Capitol Station,

1625 Eleventh Avenue, Helena,

Montana 59620, (406) 444–2074.

FOR FURTHER INFORMATION CONTACT:

Guy V. Padgett, Telephone: (307) 261–

5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program

On April 1, 1980, the Secretary of the

Interior conditionally approved the

Montana program as administered by

the Department of State Lands. General

background information on the Montana

program, including the Secretary’s

findings, the disposition of comments,

and conditions of approval of the

Montana program can be found in the

April 1, 1980, Federal Register (45 FR

21560). Subsequent actions concerning

Montana’s program and program

amendments can be found at 30 CFR

926.15 and 926.16.

II. Proposed Amendment

By letters dated February 1, 1995, and

February 28, 1995, Montana submitted a

proposed amendment to its program

pursuant to SMCRA (Administrative

Record Nos. MT–12–01 and MT–12–05,

State Program Amendment Tracking

System (SPATS) No. MT–003–FOR).

Montana’s proposed amendment consist

of changes to the Montana program as

required by 30 CFR 926.16; in response

to program deficiency letters from OSM

dated April 29, 1985, May 11, 1989, and

March 29, 1990; and on its own

initiative. The Montana proposed

amendment consists of changes to Title

26, Chapter 4, Subchapters 3 through 12

of the State’s ARM. The proposed

revisions and rule changes are located

at: ARM 26.4.301, definitions; ARM

26.4.304, legal, financial, compliance

related information; ARM 26.4.304,

baseline information for environmental

resources; Arm 26.4.308, operation

plans; ARM 26.314, plans for protection

of the hydrologic balance; ARM

26.4.321, transportation facilities plans;

ARM 26.4.304, review of applications;

ARM 26.4.405, findings and notices of

decision; ARM 26.4.405A,

improvidently issued permits general

requirements; ARM 26.4.405B,

improvidently issued permits:

revocation; ARM 26.4.407, conditions of

permits; ARM 26.4.410, permit renewal;

ARM 26.4.501A, final grading

requirements; ARM 26.4.505, burial and

treatment of waste materials; ARM

26.4.519A, thick overburden and excess

spoil; ARM 26.4.524, signs and markers;

ARM 26.4.601, general requirements for

road and railroad loop construction;

ARM 26.4.602, location of roads and

railroad loops; ARM 26.4.603,

embankments; ARM 26.4.605,

Hydrologic impacts of roads and

railroad loops; ARM 26.4.623, blasting

schedules; ARM 26.4.633, water quality

performance standards; ARM 26.4.634,

reclamation of drainages; ARM 26.4.638,

sediment control measures; ARM

26.4.639, sedimentation ponds and

other treatment facilities; ARM 26.4.642,

permanent and temporary

impoundments; ARM 26.4.645, ground

water monitoring; ARM 26.4.646,

surface water monitoring; ARM

26.4.702, redistribution and stockpiling

of soil; ARM 26.4.711, establishment of

vegetation; ARM 26.4.711, eradication

of rills and gullies; ARM 26.4.724, use

of revegetation comparison standards;

ARM 26.4.726, vegetation production,

cover, diversity, density, and utility

requirements; ARM 26.4.821, alternate

reclamation: submission of plan; ARM

26.4.825, alternate reclamation:

Alternate revegetation; ARM 26.4.924,

disposal of underground development

waste: general requirements; ARM

26.4.927, disposal of underground

development waste: durable rock fills;

ARM 26.4.930, placement and disposal

of coal processing waste: special

application requirements; ARM