This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

18551

Vol. 60, No. 70

Wednesday, April 12, 1995

1The cost analysis is on file with the FSIS Docket

Clerk. Copies may be requested free of charge from

the FSIS Docket Clerk, Room 3171, South

Agriculture Building, Food Safety and Inspection

Service, U.S. Department of Agriculture,

Washington, DC 20250–3700.

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 391

[Docket No. 95–004P]

Fee Increase for Inspection Services

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is proposing

to amend the Federal meat and poultry

products inspection regulations to

increase the fees charged by FSIS to

provide overtime and holiday

inspection, voluntary inspection,

identification, certification, or

laboratory services to meat and poultry

establishments, importers, and

exporters. The proposed fees reflect the

increased costs of providing these

services which are primarily due to the

1995 Federal salary increases allocated

by Congress under the Federal

Employees Pay Comparability Act of

1990.

DATES: Comments must be received on

or before May 12, 1995.

ADDRESSES: Submit written comments

in triplicate to Diane Moore, FSIS

Docket Clerk, Room 3171, South

Agriculture Building, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700. All comments should refer to

Docket Number 95–004P. Oral

comments as provided under the

Poultry Products Inspection Act should

be directed to Mr. William L. West, at

(202) 720–3367. Any person desiring an

opportunity for oral presentation of

views as provided under the Poultry

Products Inspection Act must make

such request to Mr. West so that

arrangements may be made for such

views to be presented. A record will be

made of all views orally presented. All

comments submitted in response to this

proposal will be available for public

inspection in the FSIS Docket Room

from 9 a.m. to 12:30 p.m. and from 1:30

p.m. to 4 p.m., Monday through Friday,

except holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

William L. West, Director, Budget and

Finance Division, Administrative

Management, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700, (202) 720–3367.

SUPPLEMENTARY INFORMATION:

Background

The Federal Meat Inspection Act (21

U.S.C. 601 et seq.) and the Poultry

Products Inspection Act (21 U.S.C. 451

et seq.) provide for mandatory

inspection by Federal inspectors of meat

and poultry slaughtered and/or

processed at official establishments.

Such inspection is required to ensure

the safety, wholesomeness, and proper

labeling of meat and poultry products.

The costs of mandatory inspection

(excluding such services performed on

holidays or on an overtime basis) are

borne by FSIS.

In addition to mandatory inspection,

FSIS provides a range of voluntary

inspection and certification services (9

CFR 350.7, 351.8, 351.9, 352.5, 354.101,

355.12, and 362.5). The costs of

voluntary inspection are totally

recoverable by the Federal Government.

These services, set forth in Subchapter

B—Voluntary Inspection and

Certification Service, are provided

under the Agricultural Marketing Act of

1946, as amended (7 U.S.C. 1621 et seq.)

to assist in the orderly marketing of

various animal products and byproducts

not subject to the Federal Meat

Inspection Act or the Poultry Products

Inspection Act.

Each year, the fees charged by FSIS

for voluntary inspection services

provided to operators of official meat

and poultry establishments, importers,

or exporters are reviewed and a cost

analysis 1 is performed to determine

whether such fees are adequate to

recover the costs FSIS incurs in

providing the services. The fees charged

are for overtime and holiday inspection,

voluntary inspection, identification,

certification, or laboratory services.

Based on the projected Fiscal Year

1995 cost analysis, FSIS is increasing

the fees for voluntary services. These

increased costs are attributable to the

average FSIS national and locality pay

raise of 3.2 percent for Federal

employees effective January 1995; the

increasing number of employees

covered by the Federal Employees

Retirement System and are subject to

the Federal Insurance Contributions Act

tax; and increased health insurance

costs.

FSIS is proposing to increase the fees

charged for overtime and holiday

inspection, voluntary inspection,

identification, certification and

laboratory services to meat and poultry

establishments.

Section 307.5 of the Federal meat

inspection regulations (9 CFR 307.5)

provides that FSIS shall be reimbursed

for the cost of meat inspection on

holidays or on an overtime basis at the

rate specified in 9 CFR 391.3, currently

$31.80 per hour, per program employee.

Similarly, 9 CFR 381.38 of the poultry

products inspection regulations

provides that FSIS shall be reimbursed

for the cost of poultry inspection on

holidays or on an overtime basis at the

rate specified in 9 CFR 391.3, currently

$31.80 per hour, per program employee.

FSIS is proposing to increase the fee set

forth in § 391.3 to $32.96 per hour, per

program employee.

The base time rate for providing

voluntary inspection and certification

services is currently $31.12 per hour,

per program employee, as specified in

§ 391.2. The overtime and holiday rate

for voluntary inspection services is

currently $31.80 per hour, per program

employee, as specified in § 391.3. As

stated above, these fees would be

increased to $31.92 per hour and $32.96

per hour, per program employee,

respectively.

The rate for laboratory services is

currently $52.04 per hour, per program

employee, as specified in § 391.4. FSIS

is proposing to increase the fee set forth

in section 391.4 to $52.92 per hour, per

program employee.

Executive Order 12866

This proposed rule has been

determined to be significant and was

reviewed by the Office of Management

and Budget (OMB) under Executive

Order 12866. The proposed fee
18552 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules

increases reflect the increased costs of

providing certain inspection services

due primarily to the 1995 increase in

salaries of Federal employees allocated

by Congress under the Federal

Employees Pay Comparability Act of

1990. Because FSIS is required to

recover the reimbursable portion of the

increase in employee salaries, FSIS is

only providing a 30-day comment

period for this proposed rule.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This proposed rule is

intended to have preemptive effect with

respect to any State or local laws,

regulations or policies which conflict

with its provisions or which would

otherwise impede its full

implementation. This proposed rule is

not intended to have retroactive effect.

Prior to any judicial challenge to the

provisions of this proposed rule, all

applicable administrative procedures

must be exhausted. Under the Federal

Meat and Poultry Products Inspection

Acts, the administrative procedures are

set forth in 7 CFR part 1.

Effect on Small Entities

The Administrator, Food Safety and

Inspection Service, has determined that

this action will not have a significant

economic impact on a substantial

number of small entities as defined by

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

601). The fees provided for in this

document will reflect a minimal

increase in the costs currently borne by

those entities which elect to utilize

certain inspection services.

List of Subjects in 9 CFR Part 391

Fees and charges, Meat inspection,

Poultry products inspection.

For the reasons set out in the

preamble, 9 CFR part 391 is proposed to

be amended as set forth below.

PART 391—FEES AND CHARGES FOR

INSPECTION SERVICES

1. The authority citation for part 391

would continue to read as follows:

Authority: 21 U.S.C. 601 et seq., 460 et

seq.; 7 CFR 2.17(g) and (i), 2.55; 7 U.S.C. 394,

1622, and 1624.

2. Sections 391.2, 391.3, and 391.4

would be revised to read as follows:

§ 391.2 Base time rate.

The base time rate for inspection

services provided pursuant to §§ 350.7,

351.8, 351.9, 352.5, 354.101, 355.12, and

362.5 shall be $31.92 per hour, per

program employee.

§ 391.3 Overtime and holiday rate.

The overtime and holiday rate for

inspection services provided pursuant

to §§ 307.5, 350.7, 351.8, 351.9, 352.5,

354.101, 355.12, 362.5, and 381.38 shall

be $32.96 per hour, per program

employee.

§ 391.4 Laboratory services rate.

The rate for laboratory services

provided pursuant to §§ 350.7, 351.9,

352.5, 354.101, 355.12, and 362.5 shall

be $52.92 per hour, per program

employee.

Done at Washington, DC, on April 5, 1995.

Michael R. Taylor,

Administrator, Food Safety and Inspection

Service.

[FR Doc. 95–8938 Filed 4–11–95; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94–AWA–3]

Proposed Modification of the Atlantic

City International Airport Class C

Airspace Area; NJ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

modify the Class C airspace area at

Atlantic City International Airport,

Atlantic City, NJ. This proposed action

would delete the 1-mile exclusion

around Nordheim Flying K Airport

because of its closure, and return this

airspace to the surface area of the Class

C airspace. In addition, this proposed

action would reduce controller

workload.

DATES: Comments must be received on

or before June 13, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attention: Rules Docket

[AGC–200], Airspace Docket No. 94–

AWA–3, 800 Independence Avenue,

SW., Washington, DC 20591.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, weekdays, except

Federal holidays, between 8:30 a.m. and

5 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

William C. Nelson, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace—Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone: (202)

267–9295.

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. 94–

AWA–3.’’ 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 Rules Docket 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

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–220, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

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.