49090 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations

Dated: August 13, 2008. The Rule § 71.1 [Amended] Lloyd C. Day, This amendment to part 71 of the I 2. The incorporation by reference in Administrator, Agricultural Marketing Federal Aviation Regulations (14 CFR 14 CFR 71.1 of Federal Aviation Service. part 71) removes Class E4 airspace at Administration Order 7400.9R, Airspace [FR Doc. E8–19134 Filed 8–19–08; 8:45 am] Chicago Aurora Municipal Airport, Designations and Reporting Points, BILLING CODE 3410–02–P Chicago, IL. The FAA has determined signed August 15, 2007, effective that this regulation only involves an September 15, 2007, is amended as established body of technical follows: DEPARTMENT OF TRANSPORTATION regulations for which frequent and Paragraph 6004 Class E Airspace Areas routine amendments are necessary to Extending Upward From the Surface of the Federal Aviation Administration keep them operationally current, is Earth. noncontroversial and unlikely to result * * * * * 14 CFR Part 71 in adverse or negative comments. It, therefore, (1) is not a ‘‘significant AGL IL E4 Chicago, Aurora Municipal [Docket No. FAA–2008–0666; Airspace Airport [Remove] Docket No. 08–AGL–6] regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant * * * * * Removal of Class E Airspace; Chicago, rule’’ under DOT Regulatory Policies Issued in Fort Worth, TX on: August 6, IL and Procedures (44 FR 11034; February 2008. Donald R. Smith, AGENCY: Federal Aviation 26, 1979); and (3) does not warrant Administration (FAA), DOT. preparation of a Regulatory Evaluation Manager, Operations Support Group, ATO as the anticipated impact is so minimal. Central Service Center. ACTION: Final rule. Since this is a routine matter that will [FR Doc. E8–19022 Filed 8–19–08; 8:45 am] SUMMARY: This action removes the Class only affect air traffic procedures and air BILLING CODE 4910–13–M E4 Airspace at Chicago, IL as there is no navigation, it is certified that this rule, longer a Standard Instrument Approach when promulgated, will not have a Procedure (SIAP) for Chicago Aurora significant economic impact on a DEPARTMENT OF TRANSPORTATION substantial number of small entities Municipal Airport requiring Class E4 Federal Aviation Administration airspace. under the criteria of the Regulatory Flexibility Act. DATES: Effective Dates: 0901 UTC, The FAA’s authority to issue rules 14 CFR Part 73 November 20, 2008. The Director of the regarding aviation safety is found in [Docket No. FAA–2008–0628; Airspace Federal Register approves this Title 49 of the United States Code. Docket No. 07–ASW–15] incorporation by reference action under Subtitle I, Section 106 describes the title 1, Code of Federal Regulations, part RIN 2120–AA66 authority of the FAA Administrator. 51, subject to the annual revision of Subtitle VII, Aviation Programs, FAA Order 7400.9 and publication of Revision of Restricted Area 5107A; describes in more detail the scope of the conforming amendments. White Sands Missile Range, NM agency’s authority. FOR FURTHER INFORMATION CONTACT: Gary This rulemaking is promulgated AGENCY: Federal Aviation A. Mallett, Operations Support Group, under the authority described in subtitle Administration (FAA), DOT. Central Service Center, Federal Aviation VII, part A, subpart I, section 40103. ACTION: Final rule. Administration, Southwest Region, 2601 Under that section, the FAA is charged Meacham Blvd., Fort Worth, TX 76193– SUMMARY: This action revises Restricted with prescribing regulations to assign Area 5107A (R–5107A), White Sands 0530; telephone (817) 222–4949. the use of airspace necessary to ensure SUPPLEMENTARY INFORMATION: Missile Range, NM, by subdividing the the safety of aircraft and the efficient area to reduce the size of R–5107A, and History use of airspace. This regulation is establish R–5107K. Together, R–5107A within the scope of that authority as it The VOR–A Approach Procedure was and R–5107K will occupy the same removes controlled airspace at Chicago vertical, but slightly smaller lateral area cancelled removing the Class E4 Aurora Municipal Airport, Chicago, IL. airspace requirement at Chicago Aurora than the existing R–5107A. The FAA is Municipal Airport in Chicago, IL. This List of Subjects in 14 CFR Part 71 taking this action in response to a request from the United States (U.S.) rule will become effective on the date Airspace, Incorporation by reference, Army to divide the existing R–5107A specified in the DATES section. Since Navigation (Air). this action eliminates the impact of into two restricted areas, R–5107A and controlled airspace on users of the Adoption of the Amendment R–5107K. This action will fulfill National Airspace System in the vicinity Department of Defense training I In consideration of the foregoing, the of Chicago Aurora Municipal Airport, requirements while freeing unused Federal Aviation Administration notice and public procedure under 5 airspace for use by nonparticipating amends 14 CFR part 71 as follows: U.S.C. 553(b) are unnecessary. Class E civil aircraft. Additionally, this action airspace designations for airspace areas PART 71—DESIGNATION OF CLASS A, will allow the U.S. Army to activate extending upward from the surface of B, C, D AND E AIRSPACE AREAS; AIR only that portion of the airspace the Earth are published in Paragraph TRAFFIC SERVICE ROUTES; AND necessary to contain their operations. 6004 of FAA Order 7400.9R, signed REPORTING POINTS DATES: Effective Date: 0901 UTC, August 15, 2007, and effective September 25, 2008. September 15, 2007, which is I 1. The authority citation for part 71 FOR FURTHER INFORMATION CONTACT: incorporated by reference in 14 CFR continues to read as follows: Kelly Neubecker, Airspace and Rules 71.1. The Class E designation listed in Authority: 49 U.S.C. 106(g); 40103, 40113, Group, Office of System Operations this document will be removed from 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airspace and AIM, Federal Aviation publication subsequently in the Order. 1963 Comp., p. 389. Administration, 800 Independence

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Avenue, SW., Washington, DC 20591; number of small entities under the R–5107K White Sands Missile Range, NM telephone: (202) 267–8783. criteria of the Regulatory Flexibility Act. [New] SUPPLEMENTARY INFORMATION: The FAA’s authority to issue rules Boundaries. Beginning at lat. 32°19′30″ N., long. 106°23′49″ W.; to lat. 32°19′30″ N., History regarding aviation safety is found in ° ′ ″ ° ′ ″ Title 49 of the United States Code. long. 106 20 38 W.; to lat. 32 24 48 N., On August 28, 2007, the U.S. Army long. 106°09′02″ W.; to lat. 32°23′18″ N., Subtitle I, Section 106 describes the long. 106°07′05″ W.; to lat. 32°05′00″ N., requested the FAA take action to modify authority of the FAA Administrator. ° ′ ″ ° ′ ″ R–5107A, White Sands Missile Range, long. 106 18 22 W.; to lat. 32 05 00 N., Subtitle VII, Aviation Programs, long. 106°29′02″ W.; to lat. 32°06′20″ N., NM, by subdividing the area to reduce describes in more detail the scope of the long. 106°34′02″ W.; to lat. 32°08′40″ N., the size of R–5107A and establish agency’s authority. long. 106°34′02″ W.; to lat. 32°08′51″ N., R–5107K. The U.S. Army assessed the ° ′ ″ ° ′ ″ This rulemaking is promulgated long. 106 30 01 W.; to lat. 32 12 17 N., utilization of the existing R–5107A, and long. 106°24′17″ W.; to lat. 32°14′33″ N., determined their operations are under the authority described in long. 106°23′46″ W.; to the point of contained to the west side of War Subtitle VII, Part A, Subpart I, Section beginning. Highway 11, 70 to 90 percent of the 40103. Under that section, the FAA is Designated altitudes. Surface to unlimited. time. The requested action makes the charged with prescribing regulations to Time of designation. 0700–2000 local time, unused area available for use by assign the use of the airspace necessary Monday–Friday, other times by NOTAM. to ensure the safety of aircraft and the Controlling agency. FAA, Albuquerque, nonparticipating civil aircraft. The U.S. ARTCC. Army has also determined that a small efficient use of airspace. This regulation is within the scope of that authority as Using agency. Commanding General, U.S. area at the northwest corner of the Army Air Defense Artillery Center and Fort existing R–5107A is not needed and it amends restricted areas in New Bliss Center, (USAADCENFB) Fort Bliss, TX. Mexico. requested a boundary reduction. The * * * * * subdivision of R–5107A, into R–5107A Environmental Review and R–5107K, will allow airspace Issued in Washington, DC, on August 14, managers the opportunity to return The FAA has determined that this 2008. unused airspace east of War Highway 11 action qualifies for categorical exclusion Edith V. Parish, for use by nonparticipating civil aircraft under the National Environmental Manager, Airspace and Rules Group. during periods of inactivity. Policy Act in accordance with 311d., [FR Doc. E8–19271 Filed 8–19–08; 8:45 am] FAA Order 1050.1E, ‘‘Environmental BILLING CODE 4910–13–P The Rule Impacts: Policies and Procedures.’’ This This action amends Title 14 Code of airspace action is not expected to cause Federal Regulations (14 CFR) part 73 by any potentially significant DEPARTMENT OF STATE revisingR–5107A, White Sands Missile environmental impacts, and no Range, NM, by dividing the area into 2 extraordinary circumstances exist that 22 CFR Part 41 sub areas, R–5107A and R–5104K. warrant preparation of an [Public Notice: 6324] Together, R–5107A and R–5107K will environmental assessment. occupy the same vertical, but slightly List of Subjects in 14 CFR Part 73 Documentation of Nonimmigrants smaller lateral area by eliminating the Under the Immigration and Nationality northwest corner of the existing R– Airspace, Prohibited areas, Restricted Act, as Amended: Fingerprinting 5107A. Additionally, R–5107K will only areas. be active 0700–2000 local time, Monday AGENCY: Department of State. through Friday, rather than the current Adoption of the Amendment ACTION: Final rule. continuous time of designation. Since this action permits greater access to I In consideration of the foregoing, the SUMMARY: This final rule amends the airspace by both Visual Flight Rules and Federal Aviation Administration Department of State’s regulations Instrument Flight Rules aircraft during amends 14 CFR part 73 as follows: relating to the application for a periods of activation of R–5107A and R– nonimmigrant visa, to generally require PART 73—SPECIAL USE AIRSPACE 5107K, notice and public procedures all applicants, with certain exceptions, to provide a set of ten scanned under 5 U.S.C. 533(b) are unnecessary. I 1. The authority citation for part 73 fingerprints as part of the application The FAA has determined that this continues to read as follows: regulation only involves an established process. The scanning of ten body of technical regulations for which Authority: 49 U.S.C. 106(g), 40103, 40113, fingerprints of nonimmigrant visa frequent and routine amendments are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– applicants has already been necessary to keep them operationally 1963 Comp., p. 389. implemented. For the purposes of current. Therefore, this regulation: (1) Is § 73.51 [Amended] verifying and confirming identity, not a ‘‘significant regulatory action’’ conducting background checks, and to under Executive Order 12866; (2) is not I 2. § 73.51 is amended as follows: ensure that an applicant has not a ‘‘significant rule’’ under Department of * * * * * received a visa or entered into the United States under a different name, Transportation (DOT) Regulatory R–5107A White Sands Missile Range, NM Policies and Procedures (44 FR 11034; [Revised] the Department of State may use the February 26, 1979); and (3) does not ° ′ ″ fingerprints in order to ascertain from Boundaries. Beginning at lat. 32 19 30 N., the appropriate authorities whether they warrant preparation of a regulatory long. 106°34′02″ W.; to lat. 32°19′30″ N., evaluation as the anticipated impact is long. 106°23′49″ W.; to lat. 32°14′33″ N., have information pertinent to the so minimal. Since this is a routine long. 106°23′46″ W.; to lat. 32°12′17″ N., applicant’s eligibility to receive a visa matter that will only affect air traffic long. 106°24′17″ W.; to lat. 32°08′51″ N., and for other purposes consistent with procedures and air navigation, it is long. 106°30′01″ W.; to lat. 32°08′40″ N., applicable law, regulations, and certified that this rule, when long. 106°34′02″ W.; to the point of Department policy. promulgated, will not have a significant beginning. DATES: This rule is effective on August economic impact on a substantial * * * * * 20, 2008.

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