Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations 18151 respond to discovery requests by (3) Any motion to depose a nonparty ACTION: Final Rule. electronic mail if authorized by the (along with a request for a subpoena) requesting party. must be submitted to the judge within SUMMARY: This action establishes Class (e) Motions to compel discovery. (1) If the time limits stated in paragraph (f)(1) E airspace at Kobuk, AK to provide a party fails or refuses to respond in full of this section or as the judge otherwise adequate controlled airspace to contain to a discovery request, or if a nonparty directs. aircraft executing Standard Instrument fails or refuses to respond in full to a (4) Any motion for an order to compel Approach Procedures (SIAPs). Two new MSPB-approved discovery order, the discovery must be filed with the judge SIAPs and a textual departure procedure requesting party may file a motion to within 10 days of the date of service of (DP) are being developed for the Kobuk compel discovery. The requesting party objections or, if no response is received, Airport. This action establishes existing must file the motion with the judge, and within 10 days after the time limit for Class E airspace upward from 700 feet must serve a copy of the motion on the response has expired. Any pleading in (ft.) and 1,200 ft. above the surface at other party and on any nonparty entity opposition to a motion to compel Kobuk Airport, Kobuk, AK. or person from whom the discovery was discovery must be filed with the judge DATES: Effective Date: 0901 UTC, June 5, sought. Before filing any motion to within 10 days of the date of service of 2008. The Director of the Federal compel discovery, the moving party the motion. Register approves this incorporation by shall discuss the anticipated motion (5) Discovery must be completed reference action under title 1, Code of with the opposing party either in person within the time the judge designates. Federal Regulations, part 51, subject to or by telephone and the parties shall (g) Limits on the number of discovery the annual revision of FAA Order make a good faith effort to resolve the requests. (1) Absent prior approval by 7400.9 and publication of conforming discovery dispute and narrow the areas the judge, interrogatories served by amendments. of disagreement. The motion shall parties upon another party or a nonparty FOR FURTHER INFORMATION CONTACT: Gary include: may not exceed 25 in number, including Rolf, AAL–538G, Federal Aviation (i) A copy of the original request and all discrete subparts. Administration, 222 West 7th Avenue, (2) Absent prior approval by the judge a statement showing that the Box 14, Anchorage, AK 99513–7587; or agreement by the parties, each party information sought is relevant and telephone number (907) 271–5898; fax: may not take more than 10 depositions. material; and (907) 271–2850; e-mail: (3) Requests to exceed the limitations (ii) A copy of the response to the [email protected]. Internet address: set forth in paragraphs (g)(1) and (g)(2) request (including the objections to http://www.alaska.faa.gov/at. of this section may be granted at the discovery) or, where appropriate, a SUPPLEMENTARY INFORMATION: statement that no response has been discretion of the judge. In considering received, along with an affidavit or such requests, the judge shall consider History the factors identified in § 1201.72(d) of sworn statement under 28 U.S.C. 1746 On Friday, February 1, 2008, the FAA this part. supporting the statement (See appendix proposed to amend part 71 of the I IV to part 1201.); and 6. Revise § 1201.74(a) to read as Federal Aviation Regulations (14 CFR (iii) A statement that the parties have follows: part 71) to establish Class E airspace discussed the anticipated motion and § 1201.74 Orders for discovery upward from 700 ft. above the surface have made a good faith effort to resolve (a) Motion for an order compelling and from 1,200 ft. above the surface at the discovery dispute and narrow the discovery. Motions for orders Kobuk, AK (73 FR 6056). The action was areas of disagreement. compelling discovery and motions for proposed in order to create Class E (2) The other party and any other the appearance of nonparties must be airspace sufficient in size to contain entity or person from whom discovery filed with the judge in accordance with aircraft while executing SIAPs for the was sought may respond to the motion § 1201.73(e)(1) and (f)(4). An Kobuk Airport. Class E controlled to compel discovery within the time administrative judge may deny a motion airspace extending upward from 700 ft. limits stated in paragraph (f)(4) of this to compel discovery if a party fails to above the surface and from 1,200 ft. section. comply with the requirements of 5 CFR above the surface in the Kobuk Airport (f) Time limits. (1) Parties who wish § 1201.73(e)(1) and (f)(4). area is established by this action. to make discovery requests or motions Interested parties were invited to must serve their initial requests or * * * * * participate in this rulemaking motions within 25 days after the date on William D. Spencer, proceeding by submitting written which the judge issues an order to the Clerk of the Board. comments on the proposal to the FAA. respondent agency to produce the [FR Doc. E8–6934 Filed 4–2–08; 8:45 am] No comments were received. The rule is agency file and response. BILLING CODE 7400–01–P adopted as proposed. (2) A party or nonparty must file a The area will be depicted on response to a discovery request aeronautical charts for pilot reference. promptly, but not later than 20 days The coordinates for this airspace docket DEPARTMENT OF TRANSPORTATION after the date of service of the request or are based on North American Datum 83. order of the judge. Any discovery Federal Aviation Administration The Class E airspace areas designated as requests following the initial request 700/1,200 ft. transition areas are must be served within 10 days of the 14 CFR Part 71 published in paragraph 6005 of FAA date of service of the prior response, Order 7400.9R, Airspace Designations unless the parties are otherwise [Docket No. FAA–2007–0341; Airspace and Reporting Points, signed August 15, directed. Deposition witnesses must Docket No. 07–AAL–19] 2007, and effective September 15, 2007, give their testimony at the time and Establishment of Class E Airspace; which is incorporated by reference in 14 place stated in the request for Kobuk, AK CFR 71.1. The Class E airspace deposition or in the subpoena, unless designations listed in this document the parties agree on another time or AGENCY: Federal Aviation will be published subsequently in the place. Administration (FAA), DOT. Order. VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 jlentini on PROD1PC65 with RULES 18152 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations The Rule PART 71—DESIGNATION OF CLASS A, System, such as the commissioning of CLASS B, CLASS C, CLASS D, AND new navigational facilities, adding new This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; obstacles, or changing air traffic establishes Class E airspace at the AIRWAYS; ROUTES; AND REPORTING requirements. These changes are Kobuk Airport, Alaska. This Class E POINTS designed to provide safe and efficient airspace is established to accommodate use of the navigable airspace and to I aircraft executing new DP and SIAPs, 1. The authority citation for 14 CFR promote safe flight operations under and will be depicted on aeronautical part 71 continues to read as follows: instrument flight rules at the affected charts for pilot reference. The intended Authority: 49 U.S.C. 106(g), 40103, 40113, airports. effect of this rule is to provide adequate 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: This rule is effective April 3, controlled airspace for Instrument Flight 1963 Comp., p. 389. 2008. The compliance date for each Rules (IFR) operations at the Kobuk § 71.1 [Amended] SIAP, associated Takeoff Minimums, Airport, Kobuk, Alaska. I 2. The incorporation by reference in and ODP is specified in the amendatory The FAA has determined that this 14 CFR 71.1 of Federal Aviation provisions. regulation only involves an established Administration Order 7400.9R, Airspace The incorporation by reference of body of technical regulations for which Designations and Reporting Points, certain publications listed in the frequent and routine amendments are signed August 15, 2007, and effective regulations is approved by the Directory necessary to keep them operationally September 15, 2007, is amended as of the Federal Register as of April 3, current. It, therefore—(1) is not a follows: 2008. ‘‘significant regulatory action’’ under * * * * * ADDRESSES: Availability of matter Executive Order 12866; (2) is not a incorporated by reference in the Paragraph 6005 Class E Airspace Extending ‘‘significant rule’’ under DOT amendment is as follows: Regulatory Policies and Procedures (44 Upward From 700 Feet or More Above the Surface of the Earth. For Examination— FR 11034; February 26, 1979); and (3) 1. FAA Rules Docket, FAA * * * * * does not warrant preparation of a Headquarters Building, 800 regulatory evaluation as the anticipated AAL AK E5 Kobuk, AK [New] Independence Avenue, SW., impact is so minimal. Since this is a Kobuk, Kobuk Airport, AK Washington, DC 20591; routine matter that will only affect air (Lat.