Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51355 

animal_diseases/brucellosis/downloads/brucfacts.pdf. Accessed 8/4/08. 6National Agricultural Statistics Service/U.S. 

Department of Agriculture (USDA). Agricultural 

Statistics 2007. http://www.nass.usda.gov/ 

Statistics_by_State/Montana/index.asp. 

Impact on Small Entities 

In 2007, there were 12,400 cattle 

operations in Montana with a total 

inventory of approximately 2.4 million 

head. Industry statistics indicate that 

the average value of cattle in Montana 

for 2007 was $1,050 per head, yielding 

a total estimated cattle herd value of 

$2.52 billion.6

Based on data from the 2002 Census 

of Agriculture and Small Business 

Administration (SBA) guidelines, we 

expect a majority of operations affected 

by the interim rule will be small 

entities. Entities that comprise the North 

American Industry Classification 

System (NAICS) categories of beef cattle 

ranching and farming (NAICS 112111) 

and dairy cattle and milk production 

(NAICS 112120) are considered small if 

their total annual receipts do not exceed 

$750,000. The 2002 Census of 

Agriculture indicates that 99 percent of 

entities within NAICS 112111, and 89 

percent of entities within NAICS 

112120, earned less than $500,000 

annually. Most, if not all, of the beef and 

dairy herds in Montana are considered 

small entities. 

The Animal Health Protection Act (7 

U.S.C. 8301 et seq.) provides the 

statutory authority for APHIS to carry 

out operations and measures to detect, 

control, and eradicate brucellosis. While 

this change in status will result in 

additional requirements for interstate 

movement of cattle for Montana 

producers, the benefits of the restriction 

in preventing the spread of brucellosis 

to other parts of the United States 

outweighs the additional costs of 

brucellosis testing. APHIS does not 

expect additional costs to have a 

significant impact on a substantial 

number of small entities. This 

rulemaking is necessary on an 

emergency basis to prevent the 

interstate spread of brucellosis. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 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 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim 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 78 

Animal diseases, Bison, Cattle, Hogs, 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation. 

■ Accordingly, we are amending 9 CFR 

part 78 as follows: 

PART 78—BRUCELLOSIS 

■ 1. The authority citation for part 78 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

§ 78.41 [Amended] 

■ 2. Section 78.41 is amended as 

follows: 

■ a. In paragraph (a), by removing the 

word ‘‘Montana,’’. 

■ b. In paragraph (b), by removing the 

word ‘‘None’’ and adding the word 

‘‘Montana’’ in its place. 

Done in Washington, DC, this 27th day of 

August 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–20374 Filed 9–2–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 430 

[Docket No. 2007–0046] 

Control of Listeria monocytogenes in 

Ready-To-Eat Meat and Poultry 

Products 

AGENCY: Food Safety and Inspection 

Service (FSIS), USDA. 

ACTION: Interim final rule; schedule for 

review under section 610 requirements. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is announcing 

that it did not conduct a review of the 

interim final rule, Control of Listeria 

monocytogenes in Ready-to-Eat Meat 

and Poultry Products, in 2007 as stated 

in its amended schedule plan for 

reviewing regulations under Section 610 

of the Regulatory Flexibility Act, as 

amended. The Agency has decided to 

wait until it publishes a final rule in this 

proceeding before amending its plan so 

it can conduct a review of that final rule 

instead of the interim final rule. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact Rachel 

Edelstein, Director, Policy Issuances 

Division, FSIS, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Room 3538, Washington, 

DC 20250–3700, (202) 202/720–5627. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 610 of the Regulatory 

Flexibility Act (RFA), as amended (5 

U.S.C. 601–612), requires that all 

Federal agencies review any regulations 

that have been identified as having a 

significant economic impact upon a 

substantial number of small entities as 

a means to determine whether the 

associated impact can be minimized by 

considering the following factors: (1) 

The continued need for the rule; (2) the 

nature of the complaints or comments 

received concerning the rule from the 

public; (3) the complexity of the rule; (4) 

the extent to which the rule overlaps, 

duplicates, or conflicts with other 

Federal rules; and (5) the length of time 

since the rule has been initially 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the rule. 

On January 28, 2005, FSIS published 

an amended scheduling plan in the 

Federal Register (70 FR 4047) for 

reviewing regulations. This plan 

scheduled a review in 2007 of the 

interim final rule, Control of Listeria 

monocytogenes in Ready-to-Eat Meat 

and Poultry Products (68 FR 34208; June 

6, 2003). Because FSIS intends to issue 

a final rule in this rulemaking, it does 

not plan to review the interim final rule. 

Once the Agency publishes the final 

rule, it will amend its plan so it will be 

able to properly assess the impact of the 

final rule. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that the public and in particular 

minorities, women, and persons with 

disabilities, are aware of this notice, 

FSIS will announce it on-line through 

the FSIS Web page located at http://


yshivers on PROD1PC62 with RULES
51356 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

www.fsis.usda.gov/regulations_&_

policies/2008_Notices_Index/index.asp. 

FSIS also will 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 our constituents and 

stakeholders. The Update is 

communicated via Listserv, a free e-mail 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The Update 

also is available on the FSIS Web page. 

Through Listserv and the Web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an e-mail 

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. 

Done at Washington, DC, on August 27, 

2008. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E8–20368 Filed 9–2–08; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0550; Airspace 

Docket 08–AEA–21] 

Modification of Class D and Class E 

Airspace; Rome, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies the Class 

D and E airspace at Griffiss Airfield in 

Rome, NY. After the development of 

specific Departure Procedures (DPs) at 

the airfield, it was determined the Class 

D and E Surface airspace should be 

reduced in size to facilitate a more 

efficient operation. This rule increases 

the safety and management of the 

National Airspace System (NAS) around 

Griffiss Airfield. 

DATES: Effective 0901 UTC, November 

20, 2008. 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. Comments should be 

received no later than October 3, 2008. 

ADDRESSES: Send comments on this rule 

to: U. S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2008– 

0550; Airspace Docket No. 08–AEA–21, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at http:// 

www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. This 

rule is effective and there will be no 

further action by the FAA unless a 

written adverse or negative comment or 

a written notice of intent to submit an 

adverse or negative comment is received 

within the comment period. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Federal Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0550; Airspace 

Docket No. 08–AEA–21.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class D and E2 airspace at 

Rome, NY by reducing the controlled 

airspace, extending upward from the 

surface of the Earth to support IFR 

operations at Griffiss Airfield to a 5.0- 

mile radius with minor extensions for 

arrivals. Class D and E2 Surface airspace 

is usually predicated on departures from 

an airport with a control tower climbing 

at a standard rate of climb in random 


yshivers on PROD1PC62 with RULES