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.
Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules 18553

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

modify the Class C airspace area at

Atlantic City International Airport,

Atlantic City, NJ. The proposed

modification would eliminate the 1-mile

exclusion around Nordheim Flying K

Airport due to its closure. The intended

effect of this proposal is to return this

airspace to the surface area of the

established Class C airspace area,

thereby completing the 5-mile radius

around Atlantic City. Additionally, this

proposed action would reduce

controller workload. The coordinates for

this airspace docket are North American

Datum 83. Class C airspace designations

are published in paragraph 4000 of FAA

Order 7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class C airspace designation

listed in this document would be

subsequently published in the Order.

Regulatory Evaluation Summary

Proposed changes to Federal

regulations must undergo several

economic analyses. First, Executive

Order 12866 directs that each Federal

agency shall propose or adopt a

regulation only upon a reasoned

determination that the benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on international

trade. In conducting these analyses, the

FAA has determined that this NPRM is

not ‘‘a significant regulatory action’’ as

defined in the Executive Order and the

Department of Transportation

Regulatory Policies and Procedures.

This NPRM would not have a significant

impact on a substantial number of small

entities and would not constitute a

barrier to international trade.

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 near Atlantic City.

Costs

The FAA has determined that the

implementation of the NPRM to modify

the Class C airspace area at Atlantic City

International Airport would result in

little cost to either the agency or aircraft

operators. The revision to aeronautical

charts to reflect the airspace

modification would be part of the

routine and periodic updating of charts.

Finally, the proposal would not cause

the FAA to incur any additional

administrative costs for either personnel

or equipment.

Benefits

The NPRM would generate benefits

for system users and the FAA primarily

in the form of air traffic control

instructions. The proposed rule would

provide additional controlled airspace

for landing and departing at the Atlantic

City International Airport.

Initial Regulatory Flexibility

Determination

The Regulatory Flexibility Act of 1980

(RFA) was enacted by Congress to

ensure that small entities are not

unnecessarily and disproportionately

burdened by Federal regulations. The

RFA requires a Regulatory Flexibility

Analysis if a NPRM would have ‘‘a

significant economic impact on a

substantial number of small entities.’’

FAA Order 2100.14A outlines the FAA’s

procedures and criteria for

implementing the RFA. Small entities

are independently owned and operated

small businesses and small not-forprofit organizations. A substantial

number of small entities is defined as a

number that is 11 or more and which is

more than one-third of the small entities

subject to this NPRM.

The FAA has determined that revising

the Class C airspace area at Atlantic City

International Airport would not result

in a significant economic impact on a

substantial number of small entities.

This determination was made because

there are little or no costs to this

proposed rule.

International Trade Impact Assessment

This NPRM would not constitute a

barrier to international trade, including

the export of U.S. goods and services to

foreign countries and the import of

foreign goods and services into the

United States. This NPRM would not

impose costs on aircraft operators or

aircraft manufacturers in the United

States or foreign countries. The

modification of Class C airspace would

only affect U.S. terminal airspace

operating procedures at and in the

vicinity of Atlantic City, NJ. This NPRM

would not have international trade

ramifications because it is a domestic

airspace matter that would not impose

additional costs or requirements on

affected entities.

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—[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 4000—Subpart C—Class C

Airspace

* * * * *

AEA NJ C Atlantic City International

Airport, NJ [Revised]

Atlantic City International Airport, NJ

(Lat. 39°27′27′′N., long. 74°34′38′′W.)

That airspace extending upward from the

surface to and including 4,100 feet MSL

within a 5-mile radius of the Atlantic City

International Airport; and that airspace

extending upward from 1,300 feet MSL to

and including 4,100 feet MSL within a 10-

mile radius of the airport.

* * * * *

Issued in Washington, DC, on April 4,

1995.

Harold W. Becker,

Manager, Airspace—Rules and Aeronautical

Information Division.

BILLING CODE 4910–13–P
18554 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules

[FR Doc. 95–8951 Filed 4–11–95; 8:45 am]

BILLING CODE 4910–13–C