Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34391

on the size of the animals. Large dogs on

average require about 13 square feet of

floor space, while small dogs require

about 6.5 square feet. Bare wire of the

type most often used currently sells for

about $1.50 per square foot. Coated wire

that meets the other standards for use

under the Animal Welfare Act sells for

between $2.25 and $5.00 per square

foot. Requiring the use of coated wire

could result in increased costs for

replacement of between 60 and 233

percent. Thus, replacing bare wire with

coated wire could result in additional

expenditures ranging from $4.87 to

$22.75 for each small dog housed and

from $13.00 to $45.50 for each large dog.

We estimate that it would take

approximately 1 to 11⁄2 hours per cage

to replace bare wire flooring with coated

wire. Labor could run from $5.00 to

$10.00 per hour.

The total cost to an individual

licensee or registrant would depend on

the number of animals being housed.

However, because coated wire floors do

not rust, they need to be replaced far

less frequently than bare wire floors.

Therefore, the initial cost of replacing

the floors would be made up, in part,

over a period of time, because the

coated wire floor will provide longer

use.

To ease the burden of complying with

the new requirement, we are proposing

that the final rule would have two

effective dates: one 30 days after

publication of the final rule and one 2

years after publication of the final rule.

Any new construction done on and after

30 days after publication of the final

rule would have to be in compliance

with the new flooring requirements.

Also, on and after 30 days after

publication of the final rule, any bare

wire floors in existing primary

enclosures that are replaced because of

wear would have to be replaced in

compliance with the new flooring

requirements. On and after 2 years from

the effective date of a final rule, all

licensees and registrants would have to

comply with the new requirements.

Wire floors usually wear out from rust

and general usage within a 2 year timeframe, so we believe that almost all

existing bare wire floors would be

replaced by coated wire before the 2

year grace period expired. The delayed

effective date would give breeders,

dealers, researchers, and exhibitors the

opportunity to retain their existing bare

wire floors until they wear out under

normal usage. The 2 year delay would

also give time to prepare for the

additional cost of replacing existing

floors.

The alternative to this proposed rule

would be to make no change to the

flooring requirements for primary

enclosures. After consideration, we

rejected this alternative because we

believe that bare wire floors are

inadequate to provide for the comfort

and well-being of dogs and cats.

This proposed rule contains no

paperwork or recordkeeping

requirements.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.028 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. It is not intended to

have retroactive effect. This rule would

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. The Act does not provide

administrative procedures which must

be exhausted prior to a judicial

challenge to the provisions of this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 3

Animal welfare, Marine mammals,

Pets, Reporting and recordkeeping

requirements, Research, Transportation.

Accordingly, 9 CFR part 3 would be

amended as follows:

PART 3—STANDARDS

1. The authority citation for part 3

would continue to read as follows:

Authority: 7 U.S.C. 2131–2156; 7 CFR 2.22,

2.80, and 371.2(d).

2. In § 3.6, a new paragraph (a)(2)(xii)

would be added to read as follows:

§ 3.6 Primary enclosures.

(a) General requirements. * * *

(2) * * *

(xii) The following requirements are

effective for primary enclosures

constructed on or after [insert date 30

days after publication of final rule] and

for bare wire floors replaced on or after

[insert date 30 days after publication of

final rule]. On or after [insert date 2

years after publication of final rule] the

following requirements are effective for

all primary enclosures. The floor of the

primary enclosure may not be

constructed of bare wire. If the floor of

the primary enclosure is constructed of

wire, the wire must be coated with a

material, such as plastic or fiberglass,

that can be cleaned and sanitized

readily. The coated wire must have a

well-rounded surface and must be of a

large enough diameter so that it is

comfortable on the animals’ feet and

protects the animals’ feet from injury.

Coated wire floors must be strong

enough so that the floor does not sag or

bend between structural supports.

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16872 Filed 7–1–96; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AAL–4]

Proposed Revision of Class E

Airspace; Ketchikan, AK

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action revises the Class

E airspace at Ketchikan, AK. The

development of the Global Positioning

System (GPS) instrument approach

(GPS-B) to Ketchikan International

Airport, AK, and the establishment of

the Special Visual Flight Rules (VFR)

Seaplane holding area at Ward Cove

have made this action necessary. The

areas would be depicted on aeronautical

charts for pilot reference. The intended

effect of this proposal is to provide

adequate controlled airspace for

Instrument Flight Rules (IFR) operations

and provide Special VFR seaplane

holding at Ketchikan, AK.

DATES: Comments must be received on

or before August 23, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

System Management Branch, AAL–530,

Docket No. 95–AAL–4, Federal Aviation

Administration, 222 West 7th Avenue,

Box 14, Anchorage, AK 99513–7587.

The official docket may be examined

in the Office of the Assistant Chief

Counsel for the Alaskan Region at the

same address.

An informal docket may also be

examined during normal business hours

in the Office of the Manager, System

Management Branch, Air Traffic

Division, at the address shown above.
34392 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Robert van Haastert, System

Management Branch, AAL–538, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5863.

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. 95–

AAL–4.’’ 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, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK, 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 System

Management Branch, AAL–530, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587. 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.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

modify Class E airspace at Ketchikan,

AK. This action is necessary to

accommodate a new GPS instrument

approach and incorporate Special VFR

seaplane holding at Ketchikan, AK. The

coordinates for this airspace docket are

based on North American Datum 83.

The Class E airspace areas designated as

700/1200 foot transition areas are

published in paragraph 6005 of FAA

Order 7400.9C, dated August 17, 1995,

and effective September 16, 1995, which

is incorporated by reference in 14 CFR

71.1 (58 FR 36298; July 6, 1993). The

Class E airspace designation listed in

this document would be published

subsequently in the Order. The FAA has

determined that these proposed

regulations only involve an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(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

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 rule, when

promulgated, 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

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 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

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 Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

* * * * *

Paragraph 6002 The Class E airspace areas

listed below are designated as a surface area

for an airport.

* * * * *

AAL AK E2 Ketchikan, AK [Revised]

Ketchikan International Airport, AK

(lat. 55°21′20′′N, long. 131°42′49′′W)

Ketchikan Localizer

(lat. 55°20′51′′N, long. 131°42′00′′W)

Within a 3-mile radius of the Ketchikan

International Airport and within 1 mile each

side of the Ketchikan localizer northwest/

southeast courses extending from the 3-mile

radius to 4.6 miles northwest and 4.1 miles

southeast of the airport excluding that

airspace beyond 2.5-miles beginning 1 mile

east of the Ketchikan localizer northwest

course clockwise to the 350° bearing from the

Ketchikan International Airport. This Class E

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 Supplement Alaska (Airport/Facility

Directory).

* * * * *

Paragraph 6005 Class E airspace extending

upward from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Ketchikan, AK [Revised]

Ketchikan International Airport, AK

(lat. 55°21′20′′N, long. 131°42′49′′W)

Annette Island VORTAC

(lat. 55°03′38′′N, long. 131°34′42′′W)

Ketchikan Localizer

(lat. 55°20′51′′N, long. 131°42′00′′W)

That airspace extending upward from

700 feet above the surface within 2.0

miles each side of the Ketchikan

Localizer east course extending from the

Ketchikan Localizer to 9.0 miles

southeast of the Ketchikan International

Airport and within 1.8 miles each side

of the 353° radial of the Annette Island

VORTAC extending from 11 miles north

of the VORTAC to the Ketchikan

Iocalizer east course and within 1.9

miles either side of the Ketchikan

Localizer west course extending from

the localizer to 6.7 miles west of the

airport; and that airspace extending

upward from 1,200 feet above the

surface within a 12-mile radius of the

Annette Island VORTAC and within 10

miles east of the 169° bearing from the

Clam Cove NDB extending to 10 miles

southeast of the airport; and that

airspace extending upward from 4,700

feet MSL within 13.2 miles east and

10.5 miles west of the 165° radial of the

Annette Island VORTAC extending from

the VORTAC to the U.S.-Canada border;

and that airspace extending upward

from 5,200 feet MSL within 10 miles
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34393

either side of the 349° bearing from the

Clam Cove NDB extending to 50 miles

north of the airport; and that airspace

extending upward from 5,700 feet MSL

within 15.6 miles south of the 311°

radial of the Annette Island VORTAC

extending from 15.8 miles west of the

VORTAC to 56.8 miles west of the

VORTAC and within 9 miles north and

14 miles south of the Ketchikan

Localizer west course extending from

4.3 miles west of the airport to 42.7

miles west of the airport.

* * * * *

Issued in Anchorage, AK, on June 21, 1996.

Willis C. Nelson,

Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 96–16731 Filed 7–1–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 71

[Airspace Docket No. 96–AAL–10]

Proposed Establishment of Class E

Airspace; Nuiqsut, AK

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action establishes Class

E airspace at Nuiqsut, AK. The

development of a Global Positioning

System (GPS) instrument approach to

RWY 4 and RWY 22 has made this

action necessary. This action will

change the airport status from Visual

Flight Rules (VFR) to Instrument Flight

Rules (IFR). The area would be depicted

on aeronautical charts for pilot

reference. The intended effect of this

proposal is to provide adequate

controlled airspace for IFR operations at

Nuiqsut, AK.

DATES: Comments must be received on

or before August 23, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

System Management Branch, AAL–530,

Docket No. 96–AAL–10, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587.

The official docket may be examined

in the Office of the Assistant Chief

Counsel for the Alaskan Region at the

same address.

An informal docket may also be

examined during normal business hours

in the Office of the Manager, System

Management Branch, Air Traffic

Division, at the address shown above.

FOR FURTHER INFORMATION CONTACT:

Robert van Haastert, System

Management Branch, AAL–538, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5902.

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. 96–

AAL–10.’’ 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, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK, 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 System

Management Branch, AAL–530, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587. 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.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Class E airspace at Nuiqsut,

AK, due to the creation of GPS

approaches to RWY 4 and RWY 22. The

status of Nuiqsut Airport will change

from VFR to IFR. The coordinates for

this airspace docket are based on North

American Datum 83. The Class E

airspace areas designated as 700/1200

foot transition areas are published in

paragraph 6005 of FAA Order 7400.9C,

dated August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1 (58 FR 36298; July 6, 1993). The

Class E airspace designation listed in

this document would be published

subsequently in the Order. The FAA has

determined that these proposed

regulations only involve an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(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

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 rule, when

promulgated, 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

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 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

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 Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

* * * * *