7–25–08 Friday Vol. 73 No. 144 July 25, 2008

Pages 43347–43604

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Contents Federal Register Vol. 73, No. 144

Friday, July 25, 2008

Agricultural Marketing Service Commodity Credit Corporation PROPOSED RULES NOTICES Irish Potatoes Grown in Colorado; Reinstatement of the Cotton and Peanuts; 2008-Crop Marketing Assistance Loans Continuing Assessment Rate, 43375–43378 and Loan Deficiency Payments, 43400 Walnuts Grown in California; Increased Assessment Rate, 43378–43381 Defense Department See Army Department Agriculture Department See Engineers Corps See Agricultural Marketing Service PROPOSED RULES See Commodity Credit Corporation Civilian Health and Medical Program of the Uniformed See Forest Service Services/TRICARE: See National Agricultural Statistics Service Inclusion of TRICARE Retail Pharmacy Program in NOTICES Federal Procurement of Pharmaceuticals, 43394– Privacy Act; Systems of Records, 43398–43400 43397 NOTICES Army Department Privacy Act; Systems of Records, 43411–43413 See Engineers Corps NOTICES Drug Enforcement Administration Privacy Act; System of Records, 43413–43418 RULES Privacy Act; Systems of Records, 43418–43434 Control of a Chemical Precursor Used in the Illicit Manufacture of Fentanyl as a List I Chemical, 43355– Blind or Severely Disabled, Committee for Purchase From 43357 People Who Are Education Department See Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43438–43439 Census Bureau NOTICES Engineers Corps Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 43406–43407 Availability of Information Bulletins: Replacement Lock, Sault Lock Complex, Sault Sainte Centers for Medicare & Medicaid Services Marie, MI, 43434 NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Nebraska Department of Roads Nebraska Highway 12 Submissions, and Approvals, 43449–43450 Niobrara East and West Project, 43434–43435 Medicare Program: Nourishment of 25,000 feet of Beach in Topsail Beach, Advisory Panel on Ambulatory Payment Classification Pender County, NC, 43435–43438 Groups; Announcement of Three New Members, 43450–43451 Environmental Protection Agency Practicing Physicians Advisory Council; Request for RULES Nominations and Meeting, 43451–43453 Determination of Attainment for the Ozone National Ambient Air Quality Standards for Nonattainment Coast Guard Areas: RULES Delaware, District of Columbia, Maryland, Pennsylvania, Special Local Regulations for Marine Events: and Virginia, 43360–43362 Patapsco River, Inner Harbor, Baltimore, MD, 43358– PROPOSED RULES 43360 Federal Requirements Under the Underground Injection Control (UIC) Program: Commerce Department Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells, See Census Bureau 43492–43541 See Industry and Security Bureau National Ambient Air Quality Standards for Lead: See International Trade Administration Extension Comment Period; Correction, 43489 See National Oceanic and Atmospheric Administration NOTICES NOTICES Administrative Settlement: Agency Information Collection Activities; Proposals, Bally TCE Superfund Site, Bally, Berks County, PA, Submissions, and Approvals, 43405–43406 43439–43440 Agency Information Collection Activities; Proposals, Committee for Purchase From People Who Are Blind or Submissions, and Approvals, 43440–43441 Severely Disabled Award of United States-Mexico Border Program Grants NOTICES Authorized by the Consolidated Appropriations Act, Procurement List; Additions and Deletions, 43403–43405 2008, and Grant Guidance, 43441

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Determinations: Food and Drug Administration Massachusetts Marine Sanitation Device Standard, NOTICES 43441–43442 Meetings: Development of Land-Use Scenarios Consistent with Science Advisory Board to the National Center for Climate Change Emissions Storylines, 43442–43443 Toxicological Research, 43453 Environmental Impact Statements; Availability, etc.: Comments Availability, 43443–43444 Forest Service Weekly receipt, 43444 PROPOSED RULES Meetings: Special Areas; Roadless Area Conservation; Applicability to Clean Air Scientific Advisory Committee’s Oxides of the National Forests in Colorado, 43544–43565 Nitrogen Primary NAAQS Review Panel, 43444– NOTICES 43445 Environmental statements; availability, etc.: Genesis Inc. 2009 Exploration Drilling Project, Kootenai National Forest, Lincoln County, MT, 43400–43402 Equal Employment Opportunity Commission Forest Service Manual 2360 for Heritage Program NOTICES Management; Availablity of Final Directive, 43402– Agency Information Collection Activities; Proposals, 43403 Submissions, and Approvals, 43445–43447 General Services Administration Executive Office of the President NOTICES See Presidential Documents Bulletins: Federal Travel Regulations; Relocation Allowances- Federal Aviation Administration Standard Mileage Rate for Moving Purposes, 43448– RULES 43449 Amendment of Class E Airspace: Salyer Farms, CA, 43348–43349 Health and Human Services Department Establishment of Class E Airspace: See Centers for Medicare & Medicaid Services Eek, AK, 43349 See Food and Drug Administration Revision of Class E Airspace: See National Institutes of Health Gulkana, AK, 43352 Homeland Security Department Kake, AK, 43353 See Coast Guard Kivalina, AK, 43353–43354 See U.S. Citizenship and Immigration Services Prospect Creek, AK, 43350 See U.S. Customs and Border Protection Red Dog, AK, 43351 PROPOSED RULES NOTICES Privacy Act of 1974: Implementation of Exemptions; Border Intent to Rule on Request to Release Airport Property: Crossing Information, 43374–43375 Liberal Mid-America Regional Airport, Liberal, KS, NOTICES 43482–43483 Privacy Act; Systems of Records, 43457–43465 Rialto Municipal Airport, Rialto, San Bernardino County, CA, 43483 Housing and Urban Development Department Petition for Exemption; Summary of Petition Received, NOTICES 43483–43484 Federal Property Suitable as Facilities to Assist the Homeless, 43467 Federal Communications Commission NOTICES Industry and Security Bureau Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 43447–43448 Additional Protocol Regulations, 43568–43600 Interior Department Federal Election Commission See Fish and Wildlife Service NOTICES See Land Management Bureau Meetings; Sunshine Act, 43448 See Reclamation Bureau

Federal Highway Administration International Trade Administration NOTICES NOTICES Final Federal Agency Actions: Agency Information Collection Activities; Proposals, NYS Route 17, Access Control Project, NY, 43484–43485 Submissions, and Approvals, 43407–43408 Export Trade Certificate of Review, 43408–43409 Federal Trade Commission Rescission of Antidumping Duty New Shipper Review: RULES Brake Rotors from People’s Republic of China, 43409 Telemarketing Sales Rule Fees, 43354–43355 International Trade Commission NOTICES Fish and Wildlife Service Investigations: NOTICES Certain Steel Nails from China, 43474–43475 Draft Comprehensive Conservation Plan and Environmental Laser Imageable Lithgraphic Printing Plates, 43475 Assessment: Leopold and St. Croix Wetland Management Districts in Justice Department Wisconsin, 43468–43469 See Drug Enforcement Administration

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Labor Department Postal Regulatory Commission NOTICES RULES Agency Information Collection Activities; Proposals, Administrative Practice and Procedure; Postal Service; Submissions, and Approvals, 43475–43477 Correction, 43489

Land Management Bureau Presidential Documents NOTICES ADMINISTRATIVE ORDERS Environmental Impact Statements; Availability, etc.: Export control regulations; continuation of emergency Chokecherry and Sierra Madre Wind Energy Project, WY, (Notice of July 23, 2008), 43601–43603 43469–43470 Filing of Plats of Survey: Railroad Retirement Board Idaho, 43470–43471 NOTICES Realty Action: Agency Information Collection Activities; Proposals, Recreation and Public Purposes Act Classification of Submissions, and Approvals, 43480–43481 Public Lands in Sweetwater County, WY, 43471 Record of Decision: Reclamation Bureau Fire, Fuels and Related Vegetation Management Direction NOTICES Plan Amendment, 43471–43472 Environmental Impact Statements; Availability, etc.: Utah’s Resource Advisory Council; Call for Nominations, Cachuma Lake Resource Management Plan, Santa Barbara 43472 County, CA, 43472–43473 Millerton Lake Resource Management Plan/General Plan, National Agricultural Statistics Service Madera and Fresno Counties, CA, 43473–43474 NOTICES Agency Information Collection Activities; Proposals, Securities and Exchange Commission Submissions, and Approvals, 43403 NOTICES Order of Suspension of Trading: National Institutes of Health SwedishVegas, Inc., 43481 NOTICES Government-Owned Inventions; Availability for Licensing, Small Business Administration 43454–43456 RULES Meetings: Nonprocurement Suspension and Debarment Officials; National Institute of Mental Health, 43456 Amendments to the definition, 43347–43348 National Institute of Neurological Disorders and Stroke, NOTICES 43456 Disaster Declarations: Iowa, 43481 National Oceanic and Atmospheric Administration Michigan, 43481–43482 RULES Vermont, 43482 Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish Fisheries of the Bering Sea and Aleutian Statistical Reporting Service Islands Management Area, 43362–43373 See National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Surface Transportation Board Submissions, and Approvals, 43409–43410 NOTICES Taking and Importing Marine Mammals: Control Exemption: Taking Marine Mammals Incidental to Space Vehicle and Kern W. Schumacher, V&S Railway, Inc., and Louisiana Test Flight Activities from Vandenberg Air Force & Mississippi Railway, LLC, et al., 43485–43486 Base, CA, 43410–43411 Intra-Corporate Family Exemption: Waterloo Railway Co. and Illinois Central Railroad Co., National Science Foundation 43486 NOTICES Intra-Corporate Family Merger Exemption: Federal Networking and Information Technology Research St. Clair Tunnel Co. and Grand Trunk Western Railroad & Development Program; Invitation to Submit White Inc., 43486 Papers to Inform the Five-Year Strategic Plan, 43477– Operation Exemptions: 43478 FPN-USA, Inc.; Tijuana-Tecate Shortline, 43487 Permits Issued Under the Antarctic Conservation Act, 43478 Transportation Department See Federal Aviation Administration Nuclear Regulatory Commission See Federal Highway Administration PROPOSED RULES See Surface Transportation Board Denials of Petitions for Rulemaking: James Salsman, 43381–43385 Treasury Department NOTICES PROPOSED RULES Environmental Assessment and Finding of No Significant Uniform Rules of Origin for Imported Merchandise, 43385– Impact for License Amendment: 43394 Great Lakes Environmental Research Laboratory; Ann Arbor, MI, 43478–43479 U.S.-China Economic and Security Review Commission Withdrawal Of Application: NOTICES Nuclear Management Co., LLC, 43479–43480 Meetings, 43487–43488

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U.S. Citizenship and Immigration Services Part III NOTICES Agriculture Department, Forest Service, 43544–43565 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43465–43467 Part IV Commerce Department, Industry and Security Bureau, U.S. Customs and Border Protection 43568–43600 PROPOSED RULES Uniform Rules of Origin for Imported Merchandise, 43385– Part V 43394 Executive Office of the President, Presidential Documents, 43601–43603 Veterans Affairs Department NOTICES Disciplinary Appeals Board Panel; Roster of Employees Reader Aids Available for Review and Comment, 43488 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part II archives, FEDREGTOC-L, Join or leave the list (or change Environmental Protection Agency, 43492–43541 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Notices: Notice of July 23, 2008 ...... 43603 2 CFR 2700...... 43347 6 CFR Proposed Rules: 5...... 43374 7 CFR Proposed Rules: 948...... 43375 984...... 43378 10 CFR Proposed Rules: 20...... 43381 14 CFR 71 (7 documents) ...... 43348, 43349, 43350, 43351, 54452, 43353 15 CFR Proposed Rules: 781...... 43568 782...... 43568 783...... 43568 784...... 43568 785...... 43568 786...... 43568 16 CFR 310...... 43354 19 CFR Proposed Rules: 4...... 43385 7...... 43385 10...... 43385 102...... 43385 134...... 43385 177...... 43385 21 CFR 1310...... 43355 32 CFR Proposed Rules: 199...... 43394 33 CFR 100...... 43358 36 CFR Proposed Rules: 294...... 43544 39 CFR 3020...... 43489 40 CFR 52...... 43360 Proposed Rules: 50...... 43489 51...... 43489 53...... 43489 58...... 43489 144...... 43492 146...... 43492 50 CFR 679...... 43362

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Rules and Regulations Federal Register Vol. 73, No. 144

Friday, July 25, 2008

This section of the FEDERAL REGISTER General Counsel, 409 Third Street, SW., suspending official to those commonly contains regulatory documents having general Washington, DC 20416. used across the Federal Government. applicability and legal effect, most of which • Hand Delivery/Courier: Lara The substance of SBA’s are keyed to and codified in the Code of Hudson, Office of General Counsel, 409 nonprocurement debarment and Federal Regulations, which is published under Third Street, SW., Washington, DC suspension regulations are unchanged. 50 titles pursuant to 44 U.S.C. 1510. 20416. Consideration of Comments The Code of Federal Regulations is sold by SBA will post all comments on the Superintendent of Documents. Prices of http://www.regulations.gov. If you wish This is a direct final rule and SBA new books are listed in the first FEDERAL to submit confidential business will review all comments. SBA believes REGISTER issue of each week. information (CBI) as defined in the User that this rule is routine and non- Notice at http://www.regulations.gov, controversial, and SBA anticipates no please submit the information to Lara significant adverse comments to this SMALL BUSINESS ADMINISTRATION Hudson, Office of General Counsel, 409 rulemaking. If SBA receives any Third Street, SW., Washington, DC significant adverse comments, it will 2 CFR Part 2700 20416, or send an e-mail to publish a timely withdrawal of this RIN 3245–AF76 [email protected], and highlight the direct final rule. information that you consider to be CBI Compliance With Executive Orders and explain why you believe SBA Amendments to the Definition of the 12866, 12988, 13132 and the Regulatory should hold this information as Nonprocurement Suspension and Flexibility Act (5 U.S.C. 601–612), and confidential. SBA will review the Debarment Officials the Paperwork Reduction Act (44 information and make its final U.S.C. Ch. 35) AGENCY: U.S. Small Business determination of whether it will publish Administration. the information or not. The Office of Management and Budget ACTION: Direct final rule. FOR FURTHER INFORMATION CONTACT: Lara (OMB) has determined that this rule does not constitute a significant SUMMARY: The U.S. Small Business Hudson, Attorney Advisor, Office of General Counsel, U.S. Small Business regulatory action under Executive Order Administration (SBA or Agency) is 12866. making two technical changes to the Administration, 409 Third St., SW., Washington, DC 20416, telephone 202– This action meets applicable regulations pertaining to grants and standards set forth in sections 3(a) and 619–0563 and e-mail: agreements. SBA is amending the 3(b)(2) of Executive Order 12988, Civil [email protected]. definitions for the debarring official and Justice Reform, to minimize litigation, the suspending official for SUPPLEMENTARY INFORMATION: On eliminate ambiguity, and reduce nonprocurement debarment and September 18, 2007 SBA moved the burden. The action does not have suspension actions for programs other regulations pertaining to retroactive or preemptive effect. than the financial assistance programs. nonprocurement debarment and The final rule will not have Currently the debarring official and the suspension from title 13 of the Code of substantial direct effects on the States, suspending official for all programs Federal Regulations (CFR) to title 2 of on the relationship between the national other than financial assistance is the the CFR. 72 FR 39727. The regulations government and the States, or the Director of the Office of Business state that the debarring official and the distribution of power and Operations. This rule will change the suspending official for non procurement responsibilities among the various debarring official and suspending financial assistance programs is the levels of government. Therefore, for the official to the Associate General Counsel Director of the Office of Lender purposes of Executive Order 13132, for Procurement Law. SBA is also Oversight. The regulations also state Federalism, SBA determines that this amending its regulations to change the that the debarring official and final rule has no federalism implications title of the Agency’s Office of Lender suspending official for all other non warranting preparation of a federalism Oversight to the Office of Credit Risk procurement programs is the Director of assessment. Management. the Office of Business Operations. SBA SBA has determined that this final DATES: This rule is effective September is amending its regulations to reflect the rule does not impose additional 8, 2008, without further action, unless new title of the Agency’s Office of reporting or recordkeeping requirements SBA receives a significant adverse Lender Oversight. That office is now under the Paperwork Reduction Act, 44 comment by August 25, 2008. If SBA known as the Office of Credit Risk U.S.C., Chapter 35. receives any significant adverse Management. No changes are made to SBA certifies that this proposed rule comments, the Agency will publish a the responsibilities, reporting would not have a significant impact on timely withdrawal of this rule in the relationships, or other regulatory duties a substantial number of small entities Federal Register. of that office. within the meaning of the Regulatory ADDRESSES: You may submit comments, SBA is also amending the designation Flexibility Act, 5 U.S.C. 601–612. The identified by RIN: 3245–AF76, by any of for the debarring and suspending proposed rule contains amendments to the following methods: official for all other nonprocurement SBA’s rules concerning certification, • Federal eRulemaking Portal: http:// programs from the Director of the Office continued eligibility, and contracting www.regulations.gov. Follow the of Business Operations to the Associate under the 8(a) BD program. Any instructions for submitting documents. General Counsel for Procurement Law. economic impact would be minimal and • Mail, for paper, disk, or CD–ROM The purpose for this change is to would not affect a significant number of submissions: Lara Hudson, Office of conform SBA’s debarring and small entities. It is not likely to have an

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annual economic effect of $100 million SUMMARY: This action will amend Class Regulatory Policies and Procedures (44 or more, result in a major increase in E airspace at Salyer Farms, CA. The El FR 11034; February 26, 1979); and (3) costs or prices, or have a significant Rico Airport mentioned in the does not warrant preparation of a adverse effect on competition or the published description has been regulatory evaluation as the anticipated United States economy. abandoned, making it necessary to impact is so minimal. Since this is a realign the Class E Airspace area at routine matter that will only affect air List of Subjects in 2 CFR Part 2700 Salyer Farms Airport. This action also traffic procedures and air navigation, it Administrative practice and makes a minor correction by removing is certified that this rule, when procedure, Debarment and suspension, the Salyer Farms RBN in the airport promulgated, will not have a significant Grant programs, Reporting and description. economic impact on a substantial recordkeeping requirements. DATES: Effective Date: 0901 UTC, number of small entities under the I For the reasons set forth in the September 25, 2008. The Director of the criteria of the Regulatory Flexibility Act. preamble, SBA amends 2 CFR Part 2700 Federal Register approves this The FAAs authority to issue rules as follows: incorporation by reference action under regarding aviation safety is found in 1 CFR part 51, subject to the annual Title 49 of the U.S. Code. Subtitle 1, PART 2700—NONPROCUREMENT revision of FAA Order 7400.9 and Section 106 discusses the authority of DEBARMENT AND SUSPENSION publication of conforming amendments. the FAA Administrator. Subtitle VII, Aviation Programs, describes in more I 1. The authority citation for part 2700 FOR FURTHER INFORMATION CONTACT: detail the scope of the agency’s continues to read as follows: Eldon Taylor, Federal Aviation authority. This rulemaking is Administration, Operations Support Authority: Sec. 2455, Pub. L. 103–355, 108 promulgated under the authority Group, Western Service Area, 1601 Lind Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 described in Subtitle VII, Part A, Avenue SW., Renton, WA 98057; (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 Subpart I, Section 40103. Under that CFR, 1989, 1986 Comp., p. 235); 15 U.S.C. telephone (425) 203–4537. 634(b)(6). section, the FAA is charged with SUPPLEMENTARY INFORMATION: prescribing regulations to assign the use §§ 2700.137, 2700.930, and 2700.1010 History of airspace necessary to ensure the [Amended] safety of aircraft and the efficient use of On April 23, 2008, the FAA published I airspace. This regulation is within the 2. In 2 CFR Part 2700 remove the in the Federal Register a notice of scope of that authority as it amends words ‘‘Office of Lender Oversight’’ and proposed rulemaking to amend controlled airspace at Salyer Farms add in their place the words ‘‘Office of controlled airspace at Salyer Farms, CA, Airport, Salyer Farms, CA. Credit Risk Management’’ in the (73 FR 21857). Interested parties were following places: invited to participate in this rulemaking List of Subjects in 14 CFR Part 71 I a. Section 2700.137. effort by submitting written comments I b. Section 2700.930. Airspace, Incorporation by reference, on the proposal to the FAA. No Navigation (air). I c. Section 2700.1010. comments were received. Also, §§ 2700.930 and 2700.1010 [Amended] subsequent to publication, it was noted Adoption of the Amendment that the decommissioned Salyer Farms I I In consideration of the foregoing, the 3. In addition to the amendments set RBN was not removed from the airport Federal Aviation Administration forth above, in 2 CFR Part 2700 remove description. This rule will make the amends 14 CFR part 71 as follows: the words ‘‘Director of the Office of correction. Business Operations’’ and add in its Class E airspace designations are place the words ‘‘Associate General PART 71—DESIGNATION OF CLASS A, published in paragraph 6005 of FAA B, C, D, AND E AIRSPACE AREAS; AIR Counsel for Procurement Law’’ in the Order 7400.9R signed August 15, 2007, following places: TRAFFIC SERVICE ROUTES; AND and effective September 15, 2007, which REPORTING POINTS I a. Section 2700.137. is incorporated by reference in 14 CFR I b. Section 2700.930. part 71.1. The Class E airspace I 1. The authority citation for 14 CFR I c. Section 2700.1010. designations listed in this document part 71 continues to read as follows: Jovita Carranza, will be published subsequently in that Authority: 49 U.S.C. 106(g), 40103, 40113, Acting Administrator. Order. 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. [FR Doc. E8–16902 Filed 7–24–08; 8:45 am] The Rule BILLING CODE 8025–01–P This action amends Title 14 Code of § 71.1 [Amended] Federal Regulations (14 CFR) part 71 by I 2. The incorporation by reference in amending the Class E airspace area at 14 CFR 71.1 of the Federal Aviation DEPARTMENT OF TRANSPORTATION Salyer Farms, CA. El Rico Airport has Administration Order 7400.9R, Airspace been abandoned, and the Salyer Farms Designations and Reporting Points, Federal Aviation Administration RBN decommissioned, making it signed August 15, 2007, and effective necessary to realign the airspace area at September 15, 2007 is amended as 14 CFR Part 71 Salyer Farms Airport. follows: [Docket No. FAA–2008–0330; Airspace The FAA has determined that this Paragraph 6005 Class E Airspace areas Docket No. 08–AWP–4] regulation only involves an established extending upward from 700 feet or more body of technical regulations for which Amendment of Class E Airspace; above the surface of the earth. frequent and routine amendments are * * * * * Salyer Farms, CA necessary to keep them operationally AWP CA E5 Salyer Farms, CA [Amended] AGENCY: Federal Aviation current. Therefore, this regulation: (1) Is Administration (FAA), DOT. not a ‘‘significant regulatory action’’ Salyer Farms Airport, CA under Executive Order 12866; (2) is not (Lat. 36°05′20″ N., long. 119°32′33″ W.) ACTION: Final rule. a ‘‘significant rule’’ under DOT Salyer Farms NDB

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(Lat. 36°03′58″ N., long. 119°32′14″ W.) at Eek, AK (73 FR 30822). The action Subtitle VII, Aviation Programs, That airspace extending upward from 700 was proposed in order to create Class E describes in more detail the scope of the feet above the surface within 6.6-mile radius airspace sufficient in size to contain agency’s authority. of Salyer Farms Airport and within 2 miles aircraft while executing instrument each side of the 149 bearing from the Salyer This rulemaking is promulgated procedures for the Eek Airport. Class E under the authority described in Farms NDB, extending from the 6.6-mile controlled airspace extending upward radius to 7 miles southeast of the Salyer Subtitle VII, Part A, Subpart 1, Section Farms NDB. from 700 ft. above the surface in the Eek 40103, Sovereignty and use of airspace. Airport area is established by this * * * * * Under that section, the FAA is charged action. with prescribing regulations to ensure Issued in Seattle, Washington, on July 14, Interested parties were invited to the safe and efficient use of the 2008 . participate in this rulemaking navigable airspace. This regulation is Kevin Nolan, proceeding by submitting written within the scope of that authority comments on the proposal to the FAA. Acting Manager, Operations Support Group, because it creates Class E airspace Western Service Center. No comments were received. The rule is sufficient in size to contain aircraft adopted as proposed. [FR Doc. E8–16966 Filed 7–24–08; 8:45 am] executing instrument procedures for the BILLING CODE 4910–13–P The area will be depicted on aeronautical charts for pilot reference. Eek Airport and represents the FAA’s The coordinates for this airspace docket continuing effort to safely and DEPARTMENT OF TRANSPORTATION are based on North American Datum 83. efficiently use the navigable airspace. The Class E airspace areas designated as List of Subjects in 14 CFR Part 71 Federal Aviation Administration 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Airspace, Incorporation by reference, 14 CFR Part 71 Order 7400.9R, Airspace Designations Navigation (air). and Reporting Points, signed August 15, [Docket No. FAA–2008–0447; Airspace Adoption of the Amendment Docket No. 08–AAL–8] 2007, and effective September 15, 2007, which is incorporated by reference in 14 I In consideration of the foregoing, the Establishment of Class E Airspace; CFR 71.1. The Class E airspace Federal Aviation Administration Eek, AK designations listed in this document amends 14 CFR part 71 as follows: will be published subsequently in the AGENCY: Federal Aviation Order. Administration (FAA), DOT. PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND ACTION: The Rule Final rule. CLASS E AIRSPACE AREAS; This amendment to 14 CFR part 71 SUMMARY: This action establishes Class AIRWAYS; ROUTES; AND REPORTING establishes Class E airspace at the Eek POINTS E airspace at Eek, AK to provide Airport, Alaska. This Class E airspace is adequate controlled airspace to contain established to accommodate aircraft aircraft executing Standard Instrument I 1. The authority citation for 14 CFR executing instrument procedures, and part 71 continues to read as follows: Approach Procedures (SIAPs) and will be depicted on aeronautical charts Obstacle Departure Procedures (ODPs). for pilot reference. The intended effect Authority: 49 U.S.C. 106(g), 40103, 40113, Two SIAPs and a textual ODP are being of this rule is to provide adequate 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– developed for the Eek Airport at Eek controlled airspace for Instrument Flight 1963 Comp., p. 389. Alaska. This action establishes Class E Rules (IFR) operations at the Eek § 71.1 [Amended] airspace upward from 700 feet (ft.) Airport, Eek, Alaska. above the surface at the Eek Airport, The FAA has determined that this I 2. The incorporation by reference in Eek, AK. regulation only involves an established 14 CFR 71.1 of Federal Aviation DATES: Effective Date: 0901 UTC, body of technical regulations for which Administration Order 7400.9R, Airspace September 25, 2008. The Director of the frequent and routine amendments are Designations and Reporting Points, Federal Register approves this necessary to keep them operationally signed August 15, 2007, and effective incorporation by reference action under current. It, therefore—(1) is not a September 15, 2007, is amended as title 1, Code of Federal Regulations, part ‘‘significant regulatory action’’ under follows: 51, subject to the annual revision of Executive Order 12866; (2) is not a FAA Order 7400.9 and publication of Paragraph 6005 Class E Airspace extending ‘‘significant rule’’ under DOT upward from 700 feet or more above the conforming amendments. Regulatory Policies and Procedures (44 surface of the earth. FOR FURTHER INFORMATION CONTACT: Gary FR 11034; February 26, 1979); and (3) * * * * * Rolf, AAL–538G, Federal Aviation does not warrant preparation of a Administration, 222 West 7th Avenue, regulatory evaluation as the anticipated AAL AK E5 Eek, AK [New] Box 14, Anchorage, AK 99513–7587; impact is so minimal. Since this is a Eek, Eek Airport, AK telephone number (907) 271–5898; fax: routine matter that will only affect air (Lat. 60°13′07″ N., long. 162°01′25″ W.) (907) 271–2850; e-mail: traffic procedures and air navigation, it That airspace extending upward from 700 [email protected]. Internet address: is certified that this rule will not have feet above the surface within an 8-mile radius http://www.alaska.faa.gov/at. a significant economic impact on a of the Eek Airport, AK. SUPPLEMENTARY INFORMATION: substantial number of small entities * * * * * under the criteria of the Regulatory History Flexibility Act. Issued in Anchorage, AK, on July 17, 2008. On Thursday, May 29, 2008, the FAA The FAA’s authority to issue rules Anthony M. Wylie, proposed to amend part 71 of the regarding aviation safety is found in Manager, Alaska Flight Services Information Federal Aviation Regulations (14 CFR Title 49 of the United States Code. Area Group. part 71) to establish Class E airspace Subtitle 1, Section 106 describes the [FR Doc. E8–16974 Filed 7–24–08; 8:45 am] upward from 700 ft. above the surface authority of the FAA Administrator. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION comments on the proposal to the FAA. within the scope of that authority No comments were received. The rule is because it creates Class E airspace Federal Aviation Administration adopted as proposed. sufficient in size to contain aircraft The area will be depicted on executing instrument procedures for the 14 CFR Part 71 aeronautical charts for pilot reference. Prospect Creek Airport and represents The coordinates for this airspace docket the FAA’s continuing effort to safely [Docket No. FAA–2008–0456; Airspace are based on North American Datum 83. Docket No. 08–AAL–15] and efficiently use the navigable The Class E airspace areas designated as airspace. 700/1,200 ft. transition areas are Revision of Class E Airspace; Prospect List of Subjects in 14 CFR Part 71 Creek, AK published in paragraph 6005 of FAA Order 7400.9R, Airspace Designations Airspace, Incorporation by reference, AGENCY: Federal Aviation and Reporting Points, signed August 15, Navigation (air). Administration (FAA), DOT. 2007, and effective September 15, 2007, ACTION: Final rule. which is incorporated by reference in 14 Adoption of the Amendment CFR 71.1. The Class E airspace SUMMARY: This action revises Class E designations listed in this document I In consideration of the foregoing, the airspace at Prospect Creek, AK, to will be published subsequently in the Federal Aviation Administration provide adequate controlled airspace to Order. amends 14 CFR part 71 as follows: contain aircraft executing Special The Rule Instrument Approach Procedures (IAPs) PART 71— DESIGNATION OF CLASS and Special Obstacle Departure This amendment to 14 CFR part 71 A, CLASS B, CLASS C, CLASS D, AND Procedures (ODPs). Three Special IAPs revises Class E airspace at the Prospect CLASS E AIRSPACE AREAS; are being developed for the Prospect Creek Airport, Alaska. This Class E AIRWAYS; ROUTES; AND REPORTING Creek Airport. Addtionally, two Special airspace is revised to accommodate POINTS IAPs and a Special ODP are being aircraft executing new and amended amended. This action revises existing instrument procedures, and will be I 1. The authority citation for 14 CFR Class E airspace upward from 700 feet depicted on aeronautical charts for pilot part 71 continues to read as follows: (ft.) and 1,200 ft. above the surface at reference. The intended effect of this Authority: 49 U.S.C. 106(g), 40103, 40113, Prospect Creek Airport, Prospect Creek, rule is to provide adequate controlled 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– AK. airspace for Instrument Flight Rules 1963 Comp., p. 389. (IFR) operations at the Prospect Creek DATES: Effective Date: 0901 UTC, Airport, Prospect Creek, Alaska. § 71.1 [Amended] September 25, 2008. The Director of the The FAA has determined that this Federal Register approves this I regulation only involves an established 2. The incorporation by reference in incorporation by reference action under body of technical regulations for which 14 CFR 71.1 of Federal Aviation title 1, Code of Federal Regulations, part frequent and routine amendments are Administration Order 7400.9R, Airspace 51, subject to the annual revision of necessary to keep them operationally Designations and Reporting Points, FAA Order 7400.9 and publication of current. It, therefore—(1) is not a signed August 15, 2007, and effective conforming amendments. ‘‘significant regulatory action’’ under September 15, 2007, is amended as FOR FURTHER INFORMATION CONTACT: Gary Executive Order 12866; (2) is not a follows: Rolf, AAL–538G, Federal Aviation ‘‘significant rule’’ under DOT Paragraph 6005 Class E Airspace extending Administration, 222 West 7th Avenue, Regulatory Policies and Procedures (44 upward from 700 feet or more above the Box 14, Anchorage, AK 99513–7587; FR 11034; February 26, 1979); and (3) surface of the earth. telephone number (907) 271–5898; fax: does not warrant preparation of a * * * * * (907) 271–2850; e-mail: regulatory evaluation as the anticipated AAL AK E5 Prospect Creek, AK [Revised] [email protected]. Internet address: impact is so minimal. Since this is a http://www.alaska.faa.gov/at. routine matter that will only affect air Prospect Creek, Prospect Creek Airport, AK ° ′ ″ ° ′ ″ SUPPLEMENTARY INFORMATION: traffic procedures and air navigation, it (Lat. 66 48 50 N., long. 150 38 37 W.) That airspace extending upward from 700 History is certified that this rule will not have a significant economic impact on a feet above the surface within an 11-mile On Thursday, May 29, 2008, the FAA substantial number of small entities radius of the Prospect Creek Airport, AK, and proposed to amend part 71 of the under the criteria of the Regulatory extending 2 miles either side of a line from 66°55′50″ N. 150°32′43″ W. to 67°02′47″ N. Federal Aviation Regulations (14 CFR Flexibility Act. ° ′ ″ part 71) to revise Class E airspace The FAA’s authority to issue rules 150 34 16 W. extending beyond the 11-mile upward from 700 ft. above the surface radius, and 4.5 miles east and 4 miles west regarding aviation safety is found in of the 214° bearing from the Prospect Creek and from 1,200 ft. above the surface at Title 49 of the United States Code. Airport, AK, extending from the 11-mile Prospect Creek, AK (73 FR 30824). The Subtitle 1, section 106 describes the radius to 13 miles southwest of the Prospect action was proposed in order to create authority of the FAA Administrator. Creek Airport, AK; and that airspace Class E airspace sufficient in size to Subtitle VII, Aviation Programs, extending upward from 1,200 feet above the contain aircraft while executing describes in more detail the scope of the surface within a 72-mile radius of the instrument procedures for the Prospect agency’s authority. Prospect Creek Airport, AK. Creek Airport. Class E controlled This rulemaking is promulgated * * * * * airspace extending upward from 700 ft. under the authority described in and 1,200 ft. above the surface in the Subtitle VII, Part A, Subpart 1, section Issued in Anchorage, AK, on July 17, 2008. Prospect Creek Airport area is revised 40103, Sovereignty and use of airspace. Anthony M. Wylie, by this action. Under that section, the FAA is charged Manager, Alaska Flight Services Information Interested parties were invited to with prescribing regulations to ensure Area Group. participate in this rulemaking the safe and efficient use of the [FR Doc. E8–16961 Filed 7–24–08; 8:45 am] proceeding by submitting written navigable airspace. This regulation is BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION No comments were received. The rule is sufficient in size to contain aircraft adopted as proposed. executing instrument procedures for the Federal Aviation Administration The area will be depicted on Red Dog Airport and represents the aeronautical charts for pilot reference. FAA’s continuing effort to safely and 14 CFR Part 71 The coordinates for this airspace docket efficiently use the navigable airspace. are based on North American Datum 83. [Docket No. FAA–2008–0457; Airspace List of Subjects in 14 CFR Part 71 Docket No. 08–AAL–16] The Class E airspace areas designated as 700/1,200 ft. transition areas are Airspace, Incorporation by reference, Revision of Class E Airspace; Red published in paragraph 6005 of FAA Navigation (air). Dog, AK Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, Adoption of the Amendment AGENCY: Federal Aviation 2007, and effective September 15, 2007, Administration (FAA), DOT. which is incorporated by reference in 14 I In consideration of the foregoing, the ACTION: Final rule. CFR 71.1. The Class E airspace Federal Aviation Administration designations listed in this document amends 14 CFR part 71 as follows: SUMMARY: This action revises Class E will be published subsequently in the airspace at Red Dog, AK, to provide Order. PART 71—DESIGNATION OF CLASS A, adequate controlled airspace to contain CLASS B, CLASS C, CLASS D, AND aircraft executing Special Instrument The Rule CLASS E AIRSPACE AREAS; Approach Procedures (IAPs) and This amendment to 14 CFR part 71 AIRWAYS; ROUTES; AND REPORTING Special Obstacle Departure Procedures revises Class E airspace at the Red Dog POINTS (ODPs). A Special IAP and a Special Airport, Alaska. This Class E airspace is Obstacle Departure Procedure (ODP) are revised to accommodate aircraft I 1. The authority citation for 14 CFR being developed for the Red Dog executing new and amended instrument part 71 continues to read as follows: Airport. Additionally, a Special IAP is procedures, and will be depicted on being amended. This action revises aeronautical charts for pilot reference. Authority: 49 U.S.C. 106(g), 40103, 40113, existing Class E airspace upward from The intended effect of this rule is to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 700 feet (ft.) and 1,200 ft. above the provide adequate controlled airspace for 1963 Comp., p. 389. surface at Red Dog Airport, Red Dog, Instrument Flight Rules (IFR) operations § 71.1 [Amended] AK. at the Red Dog Airport, Red Dog, Alaska. The FAA has determined that this DATES: I 2. The incorporation by reference in Effective Date: 0901 UTC, regulation only involves an established 14 CFR 71.1 of Federal Aviation September 25, 2008. The Director of the body of technical regulations for which Administration Order 7400.9R, Airspace Federal Register approves this frequent and routine amendments are incorporation by reference action under necessary to keep them operationally Designations and Reporting Points, title 1, Code of Federal Regulations, part current. It, therefore—(1) is not a signed August 15, 2007, and effective 51, subject to the annual revision of ‘‘significant regulatory action’’ under September 15, 2007, is amended as FAA Order 7400.9 and publication of Executive Order 12866; (2) is not a follows: conforming amendments. ‘‘significant rule’’ under DOT Paragraph 6005 Class E Airspace extending FOR FURTHER INFORMATION CONTACT: Gary Regulatory Policies and Procedures (44 upward from 700 feet or more above the Rolf, AAL–538G, Federal Aviation FR 11034; February 26, 1979); and (3) surface of the earth. Administration, 222 West 7th Avenue, does not warrant preparation of a * * * * * Box 14, Anchorage, AK 99513–7587; regulatory evaluation as the anticipated telephone number (907) 271–5898; fax: impact is so minimal. Since this is a AAL AK E5 Red Dog, AK [Revised] (907) 271–2850; e-mail: routine matter that will only affect air Red Dog, Red Dog Airport, AK [email protected]. Internet address: traffic procedures and air navigation, it (Lat. 68°01′56″ N., long. 162°54′14″ W.) http://www.alaska.faa.gov/at. is certified that this rule will not have That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: a significant economic impact on a feet above the surface within an 11-mile substantial number of small entities History radius of the Red Dog Airport, AK, and under the criteria of the Regulatory within 2 miles either side of the 219° bearing On Thursday, May 29, 2008, the FAA Flexibility Act. from the Red Dog Airport, AK, extending proposed to amend part 71 of the The FAA’s authority to issue rules from the 11-mile radius to 14.5 miles Federal Aviation Regulations (14 CFR regarding aviation safety is found in southwest of the Red Dog Airport, AK; and part 71) to revise Class E airspace Title 49 of the United States Code. that airspace extending upward from 1,200 upward from 700 ft. above the surface Subtitle 1, section 106 describes the feet above the surface within a 72.5-mile and from 1,200 ft. above the surface at authority of the FAA Administrator. radius of the Red Dog Airport, AK. Red Dog, AK (73 FR 30829). The action Subtitle VII, Aviation Programs, * * * * * was proposed in order to create Class E describes in more detail the scope of the airspace sufficient in size to contain agency’s authority. Issued in Anchorage, AK, on July 17, 2008. aircraft while executing instrument This rulemaking is promulgated Anthony M. Wylie, procedures for the Red Dog Airport. under the authority described in Manager, Alaska Flight Services Information Class E controlled airspace extending Subtitle VII, Part A, Subpart 1, section Area Group. upward from 700 ft. and 1,200 ft. above 40103, Sovereignty and use of airspace. [FR Doc. E8–16962 Filed 7–24–08; 8:45 am] the surface in the Red Dog Airport area Under that section, the FAA is charged BILLING CODE 4910–13–P is revised by this action. with prescribing regulations to ensure Interested parties were invited to the safe and efficient use of the participate in this rulemaking navigable airspace. This regulation is proceeding by submitting written within the scope of that authority comments on the proposal to the FAA. because it creates Class E airspace

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DEPARTMENT OF TRANSPORTATION The coordinates for this airspace docket FAA’s continuing effort to safely and are based on North American Datum 83. efficiently use the navigable airspace. Federal Aviation Administration The Class E airspace areas designated as 700/1,200 ft. transition areas are List of Subjects in 14 CFR Part 71 14 CFR Part 71 published in paragraph 6005 of FAA Airspace, Incorporation by reference, [Docket No. FAA–2008–0448; Airspace Order 7400.9R, Airspace Designations Navigation (air). Docket No. 08–AAL–9] and Reporting Points, signed August 15, 2007, and effective September 15, 2007, Adoption of the Amendment Revision of Class E Airspace; Gulkana, which is incorporated by reference in 14 AK CFR 71.1. The Class E airspace I In consideration of the foregoing, the designations listed in this document Federal Aviation Administration AGENCY: Federal Aviation will be published subsequently in the amends 14 CFR part 71 as follows: Administration (FAA), DOT. Order. ACTION: Final rule. PART 71—DESIGNATION OF CLASS A, The Rule SUMMARY: This action revises Class E CLASS B, CLASS C, CLASS D, AND airspace at Gulkana, AK to provide This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; adequate controlled airspace to contain revises Class E airspace at the Gulkana AIRWAYS; ROUTES; AND REPORTING aircraft executing Standard Instrument Airport, Alaska. This Class E airspace is POINTS Approach Procedures (SIAPs). Two revised to accommodate aircraft SIAPs are being amended for the executing amended instrument I 1. The authority citation for 14 CFR Gulkana Airport. This action revises procedures, and will be depicted on part 71 continues to read as follows: existing Class E airspace upward from aeronautical charts for pilot reference. Authority: 49 U.S.C. 106(g), 40103, 40113, 700 feet (ft.) and 1,200 ft. above the The intended effect of this rule is to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– surface at Gulkana Airport, Gulkana, provide adequate controlled airspace for 1963 Comp., p. 389. AK. The present Class E2 Surface Area Instrument Flight Rules (IFR) operations is not being amended. at the Gulkana Airport, Gulkana, Alaska. § 71.1 [Amended] The FAA has determined that this DATES: Effective Date: 0901 UTC, I regulation only involves an established 2. The incorporation by reference in September 25, 2008. The Director of the 14 CFR 71.1 of Federal Aviation Federal Register approves this body of technical regulations for which Administration Order 7400.9R, Airspace incorporation by reference action under frequent and routine amendments are Designations and Reporting Points, title 1, Code of Federal Regulations, part necessary to keep them operationally signed August 15, 2007, and effective 51, subject to the annual revision of current. It, therefore—(1) is not a FAA Order 7400.9 and publication of ‘‘significant regulatory action’’ under September 15, 2007, is amended as conforming amendments. Executive Order 12866; (2) is not a follows: FOR FURTHER INFORMATION CONTACT: Gary ‘‘significant rule’’ under DOT Paragraph 6005 Class E Airspace extending Rolf, AAL–538G, Federal Aviation Regulatory Policies and Procedures (44 upward from 700 feet or more above the Administration, 222 West 7th Avenue, FR 11034; February 26, 1979); and (3) surface of the earth. does not warrant preparation of a Box 14, Anchorage, AK 99513–7587; * * * * * telephone number (907) 271–5898; fax: regulatory evaluation as the anticipated (907) 271–2850; e-mail: impact is so minimal. Since this is a AAL AK E5 Gulkana, AK [Revised] [email protected]. Internet address: routine matter that will only affect air Gulkana, Gulkana Airport, AK http://www.alaska.faa.gov/at. traffic procedures and air navigation, it (Lat. 62°09′18″ N., long. 145°27′16″ W.) is certified that this rule will not have SUPPLEMENTARY INFORMATION: Gulkana VOR/DME, AK a significant economic impact on a (Lat. 62°09′14″ N., long. 145°26′50″ W.) History substantial number of small entities That airspace extending upward from 700 On Thursday May 29, 2008, the FAA under the criteria of the Regulatory Flexibility Act. feet above the surface within a 6.5-mile proposed to amend part 71 of the radius of the Gulkana Airport, AK, and The FAA’s authority to issue rules Federal Aviation Regulations (14 CFR within 4 miles either side of the 178° radial regarding aviation safety is found in part 71) to revise Class E airspace of the Gulkana VOR/DME, AK, extending Title 49 of the United States Code. upward from 700 ft. above the surface from the 6.5-mile radius to 12.5 miles south and from 1,200 ft. above the surface at Subtitle 1, Section 106 describes the of the Gulkana Airport, AK, and within 4 Gulkana, AK (73 FR 30828). The action authority of the FAA Administrator. miles either side of the 351° radial of the was proposed in order to create Class E Subtitle VII, Aviation Programs, Gulkana VOR/DME, AK, extending from the airspace sufficient in size to contain describes in more detail the scope of the 6.5-mile radius to 12.5 miles north of the aircraft while executing instrument agency’s authority. Gulkana Airport, AK; and that airspace procedures for the Gulkana Airport. This rulemaking is promulgated extending upward from 1,200 feet above the Class E controlled airspace extending under the authority described in surface within a 67-mile radius of the upward from 700 ft. and 1,200 ft. above Subtitle VII, Part A, Subpart 1, Section Gulkana Airport, AK. 40103, Sovereignty and use of airspace. the surface in the Gulkana Airport area * * * * * is revised by this action. Under that section, the FAA is charged Interested parties were invited to with prescribing regulations to ensure Issued in Anchorage, AK, on July 17, 2008. participate in this rulemaking the safe and efficient use of the Anthony M. Wylie, proceeding by submitting written navigable airspace. This regulation is Manager, Alaska Flight Services Information comments on the proposal to the FAA. within the scope of that authority Area Group. No comments were received. The rule is because it creates Class E airspace [FR Doc. E8–16968 Filed 7–24–08; 8:45 am] sufficient in size to contain aircraft adopted as proposed. BILLING CODE 4910–13–P The area will be depicted on executing instrument procedures for the aeronautical charts for pilot reference. Gulkana Airport and represents the

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DEPARTMENT OF TRANSPORTATION The area will be depicted on Kake Airport and represents the FAA’s aeronautical charts for pilot reference. continuing effort to safely and Federal Aviation Administration The coordinates for this airspace docket efficiently use the navigable airspace. are based on North American Datum 83. List of Subjects in 14 CFR Part 71 14 CFR Part 71 The Class E airspace areas designated as Airspace, Incorporation by reference, [Docket No. FAA–2008–0451; Airspace 700/1,200 ft. transition areas are Docket No. 08–AAL–10] published in paragraph 6005 of FAA Navigation (air). Order 7400.9R, Airspace Designations Adoption of the Amendment Revision of Class E Airspace; Kake, and Reporting Points, signed August 15, AK 2007, and effective September 15, 2007, I In consideration of the foregoing, the which is incorporated by reference in 14 Federal Aviation Administration AGENCY: Federal Aviation CFR 71.1. The Class E airspace amends 14 CFR part 71 as follows: Administration (FAA), DOT. designations listed in this document ACTION: Final rule. will be published subsequently in the PART 71—DESIGNATION OF CLASS A, Order. CLASS B, CLASS C, CLASS D, AND SUMMARY: This action revises Class E CLASS E AIRSPACE AREAS; airspace at Kake, AK to provide The Rule AIRWAYS; ROUTES; AND REPORTING adequate controlled airspace to contain This amendment to 14 CFR part 71 POINTS aircraft executing public and private revises Class E airspace at the Kake (Special) Instrument Approach and I 1. The authority citation for 14 CFR Airport, Alaska. This Class E airspace is Departure Procedures. A Standard part 71 continues to read as follows: revised to accommodate aircraft Instrument Approach Procedure (SIAP) executing new and amended instrument Authority: 49 U.S.C. 106(g), 40103, 40113, and Standard Instrument Departure 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– procedures, and will be depicted on (SID) procedure are being developed for 1963 Comp., p. 389. aeronautical charts for pilot reference. the Kake Airport. Additionally, a The intended effect of this rule is to § 71.1 [Amended] Special Area Navigation (RNAV) SID provide adequate controlled airspace for and two SIAPs are being amended. This I 2. The incorporation by reference in Instrument Flight Rules (IFR) operations 14 CFR 71.1 of Federal Aviation action revises existing Class E airspace at the Kake Airport, Kake, Alaska. upward from 700 feet (ft.) above the Administration Order 7400.9R, Airspace The FAA has determined that this Designations and Reporting Points, surface at Kake Airport, Kake, AK. regulation only involves an established signed August 15, 2007, and effective DATES: Effective Date: 0901 UTC, body of technical regulations for which September 15, 2007, is amended as September 25, 2008. The Director of the frequent and routine amendments are follows: Federal Register approves this necessary to keep them operationally incorporation by reference action under current. It, therefore—(1) is not a Paragraph 6005 Class E Airspace extending title 1, Code of Federal Regulations, part ‘‘significant regulatory action’’ under upward from 700 feet or more above the 51, subject to the annual revision of Executive Order 12866; (2) is not a surface of the earth. FAA Order 7400.9 and publication of ‘‘significant rule’’ under DOT * * * * * conforming amendments. Regulatory Policies and Procedures (44 AAL AK E5 Kake, AK [Revised] FOR FURTHER INFORMATION CONTACT: Gary FR 11034; February 26, 1979); and (3) Kake, Kake Airport, AK Rolf, AAL–538G, Federal Aviation does not warrant preparation of a (Lat. 56°57′41″ N., long. 133°54′37″ W.) Administration, 222 West 7th Avenue, regulatory evaluation as the anticipated That airspace extending upward from 700 Box 14, Anchorage, AK 99513–7587; impact is so minimal. Since this is a feet above the surface within a 7.1-mile telephone number (907) 271–5898; fax: routine matter that will only affect air radius of the Kake Airport, AK. (907) 271–2850; e-mail: traffic procedures and air navigation, it * * * * * [email protected]. Internet address: is certified that this rule will not have http://www.alaska.faa.gov/at. a significant economic impact on a Issued in Anchorage, AK, on July 17, 2008. SUPPLEMENTARY INFORMATION: substantial number of small entities Anthony M. Wylie under the criteria of the Regulatory Manager, Alaska Flight Services Information History Flexibility Act. Area Group. On Thursday May 29, 2008, the FAA The FAA’s authority to issue rules [FR Doc. E8–16970 Filed 7–24–08; 8:45 am] proposed to amend part 71 of the regarding aviation safety is found in BILLING CODE 4910–13–P Federal Aviation Regulations (14 CFR Title 49 of the United States Code. part 71) to revise Class E airspace Subtitle 1, Section 106 describes the upward from 700 ft. above the surface authority of the FAA Administrator. DEPARTMENT OF TRANSPORTATION at Kake, AK (73 FR 30825). The action Subtitle VII, Aviation Programs, Federal Aviation Administration was proposed in order to create Class E describes in more detail the scope of the airspace sufficient in size to contain agency’s authority. 14 CFR Part 71 aircraft while executing instrument This rulemaking is promulgated procedures for the Kake Airport. Class E under the authority described in [Docket No. FAA–2008–0452; Airspace controlled airspace extending upward Subtitle VII, Part A, Subpart 1, Section Docket No. 08–AAL–11] from 700 ft. above the surface in the 40103, Sovereignty and use of airspace. Kake Airport area is revised by this Under that section, the FAA is charged Revision of Class E Airspace; Kivalina, action. with prescribing regulations to ensure AK Interested parties were invited to the safe and efficient use of the AGENCY: Federal Aviation participate in this rulemaking navigable airspace. This regulation is Administration (FAA), DOT. proceeding by submitting written within the scope of that authority ACTION: Final rule. comments on the proposal to the FAA. because it creates Class E airspace No comments were received. The rule is sufficient in size to contain aircraft SUMMARY: This action revises Class E adopted as proposed. executing instrument procedures for the airspace at Kivalina, AK, to provide

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adequate controlled airspace to contain The Rule PART 71—DESIGNATION OF CLASS A, aircraft executing Standard Instrument CLASS B, CLASS C, CLASS D, AND Approach Procedures (SIAPs) and This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; Obstacle Departure Procedures (ODPs). revises Class E airspace at the Kivalina AIRWAYS; ROUTES; AND REPORTING Two SIAPs are being amended for the Airport, Alaska. This Class E airspace is POINTS Kivalina Airport. Additionally, one revised to accommodate aircraft textual ODP is being developed. This executing new and amended instrument I 1. The authority citation for 14 CFR action revises existing Class E airspace procedures, and will be depicted on part 71 continues to read as follows: upward from 700 feet (ft.) and 1,200 ft. aeronautical charts for pilot reference. Authority: 49 U.S.C. 106(g), 40103, 40113, above the surface at Kivalina Airport, The intended effect of this rule is to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Kivalina, AK. provide adequate controlled airspace for 1963 Comp., p. 389. Instrument Flight Rules (IFR) operations DATES: Effective Date: 0901 UTC, at the Kivalina Airport, Kivalina, § 71.1 [Amended] September 25, 2008. The Director of the Alaska. I 2. The incorporation by reference in Federal Register approves this The FAA has determined that this 14 CFR 71.1 of Federal Aviation incorporation by reference action under regulation only involves an established Administration Order 7400.9R, Airspace title 1, Code of Federal Regulations, part body of technical regulations for which Designations and Reporting Points, 51, subject to the annual revision of frequent and routine amendments are signed August 15, 2007, and effective FAA Order 7400.9 and publication of necessary to keep them operationally September 15, 2007, is amended as conforming amendments. current. It, therefore—(1) is not a follows: FOR FURTHER INFORMATION CONTACT: Gary ‘‘significant regulatory action’’ under Paragraph 6005 Class E Airspace extending Rolf, AAL–538G, Federal Aviation Executive Order 12866; (2) is not a upward from 700 feet or more above the Administration, 222 West 7th Avenue, ‘‘significant rule’’ under DOT surface of the earth. Box 14, Anchorage, AK 99513–7587; Regulatory Policies and Procedures (44 * * * * * telephone number (907) 271–5898; fax: FR 11034; February 26, 1979); and (3) (907) 271–2850; e-mail: does not warrant preparation of a AAL AK E5 Kivalina, AK [Revised] [email protected]. Internet address: regulatory evaluation as the anticipated Kivalina, Kivalina Airport, AK http://www.alaska.faa.gov/at. impact is so minimal. Since this is a (Lat. 67°44′10″ N., long. 164°33′49″ W.) routine matter that will only affect air That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: traffic procedures and air navigation, it feet above the surface within a 6.5-mile History radius of the Kivalina Airport, AK, and 3.9 is certified that this rule will not have ° a significant economic impact on a miles either side of the 317 bearing from the Kivalina Airport, AK, extending from the 6.5- On Thursday May 29, 2008, the FAA substantial number of small entities proposed to amend part 71 of the mile radius to 11.1 miles northwest of the under the criteria of the Regulatory Kivalina Airport, AK; and that airspace Federal Aviation Regulations (14 CFR Flexibility Act. part 71) to revise Class E airspace extending upward from 1,200 feet above the The FAA’s authority to issue rules surface within a 73-mile radius of the upward from 700 ft. above the surface Kivalina Airport, AK. and from 1,200 ft. above the surface at regarding aviation safety is found in Kivalina, AK (73 FR 30827). The action Title 49 of the United States Code. * * * * * was proposed in order to create Class E Subtitle 1, Section 106 describes the Issued in Anchorage, AK, on July 17, 2008. airspace sufficient in size to contain authority of the FAA Administrator. Anthony M. Wylie, aircraft while executing instrument Subtitle VII, Aviation Programs, Manager, Alaska Flight Services Information procedures for the Kivalina Airport. describes in more detail the scope of the Area Group. Class E controlled airspace extending agency’s authority. [FR Doc. E8–16977 Filed 7–24–08; 8:45 am] upward from 700 ft. and 1,200 ft. above This rulemaking is promulgated BILLING CODE 4910–13–P the surface in the Kivalina Airport area under the authority described in is revised by this action. Subtitle VII, Part A, Subpart 1, Section Interested parties were invited to 40103, Sovereignty and use of airspace. participate in this rulemaking Under that section, the FAA is charged FEDERAL TRADE COMMISSION proceeding by submitting written with prescribing regulations to ensure 16 CFR Part 310 comments on the proposal to the FAA. the safe and efficient use of the No comments were received. The rule is navigable airspace. This regulation is adopted as proposed. within the scope of that authority RIN: 3084–AA98 because it creates Class E airspace The area will be depicted on sufficient in size to contain aircraft Telemarketing Sales Rule Fees aeronautical charts for pilot reference. executing instrument procedures for the AGENCY: The coordinates for this airspace docket Kivalina Airport and represents the Federal Trade Commission. are based on North American Datum 83. FAA’s continuing effort to safely and ACTION: Final rule. The Class E airspace areas designated as efficiently use the navigable airspace. 700/1,200 ft. transition areas are SUMMARY: The Federal Trade published in paragraph 6005 of FAA List of Subjects in 14 CFR Part 71 Commission (the ‘‘Commission’’ or Order 7400.9R, Airspace Designations ‘‘FTC’’) is amending its Telemarketing and Reporting Points, signed August 15, Airspace, Incorporation by reference, Sales Rule (‘‘TSR’’) by updating the fees 2007, and effective September 15, 2007, Navigation (air). charged to entities accessing the which is incorporated by reference in 14 Adoption of the Amendment National Do Not Call Registry (‘‘the CFR 71.1. The Class E airspace Registry’’) so that they conform to the designations listed in this document I In consideration of the foregoing, the fee structure specified in the recently will be published subsequently in the Federal Aviation Administration enacted Do-Not-Call Registry Fee Order. amends 14 CFR part 71 as follows: Extension Act of 2007.

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DATES: Effective Date: This amendment Register no later than September 1 of the National Do Not Call Registry under will become effective on October 1, each year. this Rule, 47 CFR 64.1200, or any other 2008. Federal regulation or law. Any person Administrative Procedure Act; accessing the National Do Not Call ADDRESSES: Requests for copies of this Regulatory Flexibility Act; Paperwork Registry may not participate in any document should be sent to: Public Reduction Act arrangement to share the cost of Reference Branch, Federal Trade The revisions to the Fee Rule are accessing the registry, including any Commission, Room 130, 600 technical in nature and merely arrangement with any telemarketer or Pennsylvania Avenue, NW., incorporate statutory changes to the service provider to divide the costs to Washington, DC 20580. Copies of this TSR. These statutory changes have been access the registry among various clients document are also available on the adopted without change or of that telemarketer or service provider. Internet at the Commission’s Web site: interpretation at this time, making (d) Each person who pays, either http://www.ftc.gov. public comment unnecessary. directly or through another person, the FOR FURTHER INFORMATION CONTACT: Therefore, the Commission has annual fee set forth in § 310.8(c), each Kelly A. Horne, (202) 326–3031, determined that the notice and person excepted under § 310.8(c) from Division of Planning & Information, comment requirements of the paying the annual fee, and each person Bureau of Consumer Protection, Federal Administrative Procedure Act do not excepted from paying an annual fee Trade Commission, 600 Pennsylvania apply. See 5 U.S.C. 553(b). For this under § 310.4(b)(1)(iii)(B), will be Avenue, NW., Washington, DC 20580. reason, the requirements of the provided a unique account number that Regulatory Flexibility Act also do not SUPPLEMENTARY INFORMATION: To comply will allow that person to access the apply. See 5 U.S.C. 603, 604. registry data for the selected area codes with the Do-Not-Call Registry Fee Pursuant to the Paperwork Reduction at any time for the twelve month period Extension Act of 2007 (Pub. L. 110–188, Act, 44 U.S.C. 3501–3521, the Office of beginning on the first day of the month 122 Stat. 635) (‘‘Act’’), the Commission Management and Budget (‘‘OMB’’) in which the person paid the fee (‘‘the is revising the Final Amended Fee Rule approved the information collection annual period’’). To obtain access to in the following manner: The revised requirements in the Amended TSR and additional area codes of data during the rule decreases the annual fee for access assigned the following existing OMB first six months of the annual period, to the Registry for each area code of data Control Number: 3084–0097. The each person required to pay the fee to $54 per area code, or $27 per area amendments outlined in this Final Rule under § 310.8(c) must first pay $54 for code of data during the second six pertain only to the fee provision (sec. each additional area code of data not months of an entity’s annual 310.8) of the Amended TSR and will not initially selected. To obtain access to subscription period. The maximum establish or alter any recordkeeping, additional area codes of data during the amount that would be charged to any reporting, or third-party disclosure second six months of the annual period, single entity for accessing area codes of requirements elsewhere in the Amended each person required to pay the fee data is decreased to $14,850. The TSR. revised rule retains the provisions under § 310.8(c) must first pay $27 for I Accordingly, the Federal Trade regarding free access to the first five area each additional area code of data not Commission amends part 310 of title 16 codes of data by all entities, as well as initially selected. The payment of the of the Code of Federal Regulations as free access by ‘‘exempt’’ organizations. additional fee will permit the person to follows: As required by the Act, it expands the access the additional area codes of data definition of ‘‘exempt’’ organizations to PART 310—TELEMARKETING SALES for the remainder of the annual period. include any person permitted to access, RULE * * * * * but not required to access, the do-not- By direction of the Commission. call registry, not only under the TSR, I 1. The authority citation for part 310 Donald S. Clark, the Federal Communication continues to read as follows: Secretary. Commission’s do-not-call rules found at Authority: 15 U.S.C. 6101–6108; 15 U.S.C. 47 CFR 64.1200, or any other Federal 6151–6155. [FR Doc. E8–17064 Filed 7–24–08; 8:45 am] law, but also under any other Federal BILLING CODE 6750–01–P I 2. Revise §§ 310.8(c) and (d) to read as regulation. follows: Additionally, in accordance with the Act, beginning after fiscal year 2009, the § 310.8 Fee for access to the National Do DEPARTMENT OF JUSTICE dollar amounts charged shall be Not Call Registry. Drug Enforcement Administration increased by an amount equal to the * * * * * amounts specified in the Final (c) The annual fee, which must be Amended Fee Rule, whichever fee is paid by any person prior to obtaining 21 CFR Part 1310 applicable, multiplied by the percentage access to the National Do Not Call [Docket No. DEA–299F] (if any) by which the average of the Registry, is $54 for each area code of monthly consumer price index (for all data accessed, up to a maximum of RIN 1117–AB12 urban consumers published by the $14,850; provided, however, that there Control of a Chemical Precursor Used Department of Labor) (‘‘CPI’’) for the shall be no charge to any person for in the Illicit Manufacture of Fentanyl as most recently ended 12-month period accessing the first five area codes of a List I Chemical ending on June 30 exceeds the CPI for data, and provided further, that there the 12-month period ending June 30, shall be no charge to any person AGENCY: Drug Enforcement 2008. Any increase shall be rounded to engaging in or causing others to engage Administration (DEA), Department of the nearest dollar. There shall be no in outbound telephone calls to Justice. increase in the dollar amounts if the consumers and who is accessing area ACTION: Final rule. change in the CPI is less than 1 percent. codes of data in the National Do Not The adjustments to the applicable fees, Call Registry if the person is permitted SUMMARY: The Drug Enforcement if any, shall be published in the Federal to access, but is not required to access, Administration (DEA) is finalizing the

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Interim Rule with Request for Comment result, drug abusers have difficulty chemical NPP as a List I chemical under published in the Federal Register on determining how much to take to get the CSA (21 U.S.C. 801 et seq.). April 23, 2007. The Interim Rule their ‘‘high’’ and sometimes mistakenly Furthermore, under 21 U.S.C § 811(e) of controlled the chemical N-phenethyl-4- take a lethal quantity of the fentanyl. the CSA, DEA also intends to control piperidone (NPP) as a List I chemical Unfortunately, only a slight excess in ANPP as a schedule II immediate under the Controlled Substances Act. the amount of fentanyl taken can be, precursor to fentanyl under a separate Clandestine laboratories are using this and is often, lethal because the resulting rulemaking. level of respiratory depression is chemical to illicitly manufacture the Illicit Fentanyl-Related Deaths schedule II controlled substance sufficient to cause the user to stop fentanyl. No comments to the Interim breathing. The distribution of illicit fentanyl or Rule were received. This Final Rule In April 2006, DEA issued an officer illicit fentanyl combined with heroin or finalizes the regulations without change. safety alert regarding the special cocaine has resulted in an outbreak of more than 1,000 confirmed or suspected DATES: Effective Date: July 25, 2008. precautions that must be observed when handling and processing suspected fentanyl-related overdoses and fentanyl- FOR FURTHER INFORMATION CONTACT: fentanyl. DEA is concerned with the related deaths across the country Christine A. Sannerud, PhD., Chief, unusual health hazards posed to law according to the Centers for Disease Drug and Chemical Evaluation Section, enforcement officers and forensic Control and Prevention (CDC) and local Office of Diversion Control, Drug chemists from exposure to high purity medical examiners. DEA terms fentanyl- Enforcement Administration, 8701 fentanyl during law enforcement related deaths ‘‘suspected’’ until Morrissette Drive, Springfield, Virginia operations. Since high purity fentanyl confirmed through the completion of an 22152 at (202) 307–7183. can be fatal if sub-milligram quantities autopsy, a positive toxicological testing SUPPLEMENTARY INFORMATION: are accidentally swallowed, inhaled, or result for fentanyl in the blood, and the Background absorbed through the skin, the potential reporting of the death to the DEA. As for lethal fentanyl exposure to law discussed in the Interim Rule with On April 23, 2007 (72 FR 20039), the enforcement officers and chemists exists Request for Comment, from the Drug Enforcement Administration during raids of fentanyl clandestine information and data collected, there is (DEA) published an Interim Rule with laboratories, during seizures of drug strong indication that the fentanyl in Request for Comment which established exhibits, and during subsequent testing these confirmed and suspected fentanyl- regulations controlling the chemical N- of pure fentanyl in the forensic related deaths is illicitly manufactured phenethyl-4-piperidone (NPP) as a List laboratories. rather than diverted from legal I chemical under the Controlled pharmaceutical manufacturers. The Illicit Manufacture of Fentanyl Substances Act (CSA). This action was current forensic data suggests that most taken because DEA was extremely As discussed extensively in the of these fentanyl-related deaths are from concerned with the increase in the illicit Interim Rule with Request for Comment, fentanyl illicitly manufactured using manufacture and distribution of DEA determined from the forensic NPP. fentanyl, which resulted in more than testing of seized illicit fentanyl that the 1,000 confirmed or suspected fentanyl- chemical NPP was being used to illicitly Availability of the Precursor Chemical related overdoses and fentanyl-related manufacture fentanyl. Since 2000, four DEA determined that the precursor deaths across the country. of the five domestic fentanyl clandestine chemical, NPP, is readily available from Fentanyl is a schedule II controlled laboratories seized by law enforcement commercial chemical suppliers. DEA substance. Fentanyl and analogues of have used NPP as starting material to identified at least 62 suppliers of NPP, fentanyl are the most potent opioids manufacture the illicit fentanyl. From of which 14 are located domestically available for human and veterinary use. these four domestic clandestine and 48 are located internationally in Fentanyl produces opioid effects that laboratories, about 800 grams equivalent Germany, India, and China. Since 2000, are indistinguishable from morphine or of pure fentanyl were seized. law enforcement has evidence to heroin. However, fentanyl has a greater Furthermore, enough of the unused NPP support that the NPP precursor potency and a shorter duration of precursor chemical was also seized to chemical was obtained from domestic action. Fentanyl is approximately 50 to make an additional 5,000 grams of pure suppliers for three domestic fentanyl 100 times more potent than morphine fentanyl. Therefore, from the amount of clandestine laboratories. Further, a and 30 to 50 times more potent than illicit fentanyl and precursor chemicals fentanyl clandestine laboratory in heroin depending on the physiological found at these four domestic fentanyl Mexico is believed to have obtained the or behavioral endpoints being laboratories, the laboratories could have NPP precursor chemical from an measured, the route of administration, potentially generated a total of 5,800 international supplier. Law enforcement and other factors. grams of illicit fentanyl. Since fentanyl identified four separate chemical The legitimate medical use of fentanyl is potent in sub-milligram quantities, suppliers that have distributed NPP to is for anesthesia and analgesia, but the subsequent ‘‘cutting’’ of 5,800 grams illicit fentanyl clandestine laboratories. fentanyl’s euphoric effects are highly of illicit fentanyl would be sufficient to sought after by narcotic addicts. make about 46 million fentanyl doses. Regulation of NPP as a List I Chemical Fentanyl can serve as a direct Three of the domestic fentanyl Based on the above, on April 23, pharmacological substitute for heroin in clandestine laboratories seized by law 2007, DEA published an Interim Rule opioid dependent individuals. However, enforcement are known to have with Request for Comment (72 FR fentanyl is a very dangerous substitute obtained the NPP precursor chemical 20039) controlling NPP as a List I for heroin because the amount that from domestic suppliers. The Interim chemical. That rule made the domestic produces a euphoric effect also induces Rule made the purchase of NPP from sale of NPP a regulated transaction. That respiratory depression. Furthermore, domestic or international suppliers a rule also made the importation of NPP due to fentanyl’s increased potency over regulated transaction. In this way, DEA from an international supplier a heroin, illicit drug dealers have trouble will be informed of the sale of NPP and regulated transaction. Documenting the adjusting (‘‘cutting’’) pure fentanyl into can take appropriate action, if domestic sale and importation of NPP is proper dosage concentrations. As a necessary. Thus, DEA regulated the needed by law enforcement to identify

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the domestic diversion of NPP for the Executive Order 12866 Section 1(b). It involving NPP. Therefore, DEA did not illicit manufacture of fentanyl in the has been determined that this is ‘‘not a estimate any international transactions United States. Finally, that rule significant regulatory action.’’ involving NPP. Persons importing, specified that chemical mixtures Therefore, this action has not been exporting, and conducting international containing NPP were not exempt from reviewed by the Office of Management transactions involving List I chemicals regulatory requirements at any and Budget. report those transactions to DEA on concentration, unless an application for Executive Order 12988 DEA Form 486, Import/Export exemption of a chemical mixture is Declaration for List I and List II submitted by a NPP manufacturer and This regulation meets the applicable standards set forth in Sections 3(a) and chemicals [OMB control # 1117–0023]. the application is reviewed and With publication of the Interim Rule, accepted by DEA under 21 CFR 1310.13. 3(b)(2) of Executive Order 12988, Civil Justice Reform. DEA received approval from the Office Comments Received of Management and Budget to revise Executive Order 13132 DEA did not receive any comments to this information collection as discussed its Interim Rule with Request for This rulemaking does not preempt or above. modify any provision of state law; nor Comment (72 FR 20039, April 23, 2007) Unfunded Mandates Reform Act of 1995 controlling NPP as a List I chemical and does it impose enforcement regulating all chemical mixtures responsibilities on any state; nor does it This rule will not result in the containing NPP. Therefore, DEA is diminish the power of any state to expenditure by state, local, and tribal hereby finalizing that Interim Final Rule enforce its own laws. Accordingly, this governments, in the aggregate, or by the rulemaking does not have federalism without change. private sector, of $120,000,000 or more implications warranting the application (adjusted for inflation) in any one year, Regulatory Certifications of Executive Order 13132. and will not significantly or uniquely Administrative Procedure Act (5 U.S.C. Paperwork Reduction Act affect small governments. Therefore, no 553) With publication of the Interim Final actions were deemed necessary under An agency may find good cause to Rule controlling NPP as a List I the provisions of the Unfunded exempt a rule from certain provisions of chemical (72 FR 20039), persons Mandates Reform Act of 1995. the Administrative Procedure Act (5 handling NPP became subject to CSA Congressional Review Act U.S.C. 553), including making the rule List I regulatory requirements. Any effective upon the date of publication. person who manufactures, distributes, This rule is not a major rule as DEA finds good cause to make this rule imports, or exports NPP must register effective upon publication, as this Final defined by section 804 of the with DEA. As discussed in the Interim Congressional Review Act/Small Rule merely confirms existing Rule, DEA has identified 14 domestic regulatory requirements implemented as Business Regulatory Enforcement chemical companies who would be part of the Interim Rule with Request for Fairness Act of 1996 (Congressional required to register with DEA if they Comment published April 23, 2007, at Review Act). This rule will not result in continued to handle NPP. Persons 72 FR 20039. an annual effect on the economy of wishing to register with DEA to handle $100,000,000 or more; a major increase Regulatory Flexibility Act and Small List I chemicals must do so using DEA in cost or prices; or significant adverse Business Concerns Form 510, Application for Registration under Domestic Chemical Diversion effects on competition, employment, The Acting Administrator hereby investment, productivity, innovation, or certifies that this rulemaking has been Control Act of 1993, and persons wishing to renew their registration must on the ability of United States-based drafted in accordance with the companies to compete with foreign- Regulatory Flexibility Act (5 U.S.C. do so using DEA Form 510a, Renewal based companies in domestic and 605(b)). Application for Registration under Some of the firms DEA identified as Domestic Chemical Diversion Control export markets. potentially handling NPP are small Act of 1993 [OMB control # 1117–0031]. List of Subjects in 21 CFR Part 1310 entities. The highest cost that the rule With publication of the Interim Rule, would impose on these firms is less DEA received approval from the Office Drug traffic control, Exports, Imports, than $2,500 for registration. The of Management and Budget to revise List I and List II chemicals, Reporting smallest firm (1 to 4 employees) in the this information collection as discussed and recordkeeping requirements. organic chemical sector has annual above. revenues of about $1.1 million. For Persons importing, exporting, and Adoption as Final Rule those not already registered with DEA, conducting international transactions I The Interim Rule amending part 1310 the cost of registration represents 0.2 involving NPP must comply with percent of annual revenues, which does regulatory requirements regarding the of Title 21, of the Code of Federal not constitute a significant economic notification of DEA of pending Regulations, which published in the impact. DEA did not receive any transactions. As DEA had no Federal Register on April 23, 2007 at 72 comments to its Interim Rule controlling information on which to estimate how FR 20039, is hereby adopted as a Final NPP as a List I chemical. Therefore, the many of the 14 identified firms import, Rule without change. Acting Administrator certifies that this export, or conduct international Dated: July 17, 2008. transactions with NPP, DEA estimated rule will not have a significant Michele M. Leonhart, economic impact on a substantial that all identified firms conduct such Acting Administrator. number of small entities. transactions. DEA estimated that each firm will conduct five import [FR Doc. E8–17034 Filed 7–24–08; 8:45 am] Executive Order 12866 transactions and two export transactions BILLING CODE 4410–09–P The Acting Administrator certifies annually. DEA did not identify any that this rulemaking has been drafted in firms serving as United States brokers accordance with the principles in conducting international transactions

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DEPARTMENT OF HOMELAND Harbor, Baltimore, MD in the Federal and benefits under section 6(a)(3) of that SECURITY Register (73 FR 31394). We received no Order. The Office of Management and letters commenting on the proposed Budget has not reviewed it under that Coast Guard rule. No public meeting was requested, Order. and none was held. Although this regulation will prevent 33 CFR Part 100 Under 5 U.S.C. 553(d)(3), the Coast traffic from transiting a portion of the Guard finds that good cause exists for [Docket No. USCG–2008–0392] Baltimore Inner Harbor during the making this rule effective less than 30 event, the effect of this regulation will RIN 1625–AA08 days after publication in the Federal not be significant due to the limited Register. Delaying the effective date Special Local Regulations for Marine would be contrary to public interest, duration that the regulated area will be Events; Patapsco River, Inner Harbor, because immediate action is needed to in effect and the extensive advance Baltimore, MD ensure the safety of the event notifications that will be made to the participants, spectator craft and other maritime community via the Local AGENCY: Coast Guard, DHS. vessels transiting the event area. Notice to Mariners, marine information ACTION: Temporary final rule. However advance notification will be broadcasts, and area newspapers, so made to users of the Patapsco River, mariners can adjust their plans SUMMARY: The Coast Guard is accordingly. Additionally, the regulated establishing special local regulations Baltimore Inner Harbor, via marine information broadcasts, Local Notice to area has been narrowly tailored to during the ‘‘Pride of Baltimore Recycled impose the least impact on general Regatta’’, a marine event to be held Mariners, commercial radio stations and local area newspapers. navigation yet provide the level of safety August 2, 2008 on the waters of the deemed necessary. Vessel traffic may be Patapsco River, Inner Harbor, Baltimore, Background and Purpose able to transit the regulated area at slow MD. These special local regulations are On August 2, 2008, Pride of speed when event activity is halted, necessary to provide for the safety of life Baltimore, Inc. will sponsor ‘‘Pride of when the Coast Guard Patrol on navigable waters during the event. Baltimore Recycled Regatta’’ at the Inner Commander deems it is safe to do so. This action is intended to temporarily Harbor in Baltimore, MD. The event will restrict vessel traffic in a portion of the consist of approximately 30 boats built Small Entities Baltimore Inner Harbor during the from recycled materials attempting to event. Under the Regulatory Flexibility Act traverse a designated course that (5 U.S.C. 601–612), we have considered DATES: This rule is effective from 2:30 extends over the water immediately whether this rule would have a p.m. to 9:30 p.m. on August 2, 2008. adjacent to the southwest corner of the significant economic impact on a ADDRESSES: Comments and material promenade surrounding the Baltimore substantial number of small entities. received from the public, as well as Inner Harbor. The regulated area The term ‘‘small entities’’ comprises originates at the southwest corner of the documents mentioned in this preamble small businesses, not-for-profit Inner Harbor adjacent to the Maryland as being available in the docket, are part organizations that are independently Science Center and extends outward of docket USCG–2008–0392 and are owned and operated and are not over the water within an approximately available online at http:// dominant in their fields, and 150 yard arc. Due to the need for vessel www.regulations.gov. This material is governmental jurisdictions with control during the event, the Coast also available for inspection or copying populations of less than 50,000. at two locations: the Docket Guard will temporarily restrict vessel Management Facility (M–30), U.S. traffic in the event area to provide for The Coast Guard certifies under 5 Department of Transportation, West the safety of participants, spectators and U.S.C. 605(b) that this rule will not have Building Ground Floor, Room W12–140, other transiting vessels. a significant economic impact on a substantial number of small entities. 1200 New Jersey Avenue, SE., Discussion of Comments and Changes Washington, DC 20590, between 9 a.m. This temporary rule would affect the and 5 p.m., Monday through Friday, The Coast Guard did not receive following entities, some of which might except Federal holidays and the Fifth comments in response to the notice of be small entities: the owners or Coast Guard District office, 431 proposed rulemaking (NPRM) published operators of vessels intending to transit Crawford Street, Portsmouth, VA 23704 in the Federal Register. Accordingly, or anchor in the effected portion of the between 10 a.m. and 2 p.m., Monday the Coast Guard is establishing Baltimore Inner Harbor during the through Friday, except Federal holidays. temporary special local regulations on event. specified waters of the Patapsco River, FOR FURTHER INFORMATION CONTACT: If Although this regulation prevents Inner Harbor, Baltimore, MD. you have questions on this temporary traffic from transiting a small segment of rule, call Dennis Sens, Project Manager, Regulatory Analyses the Baltimore Inner Harbor during the Fifth Coast Guard District, Inspections We developed this rule after event, this rule would not have a and Investigations Branch, at (757) 398– considering numerous statutes and significant economic impact on a 6204. If you have questions on viewing executive orders related to rulemaking. substantial number of small entities for the docket, call Renee V. Wright, Below we summarize our analyses the following reasons. This temporary Program Manager, Docket Operations, based on 13 of these statutes or rule would be in effect for only a limited telephone 202–366–9826. executive orders. period. Vessel traffic may be able to SUPPLEMENTARY INFORMATION: transit the regulated area when event Regulatory Planning and Review activity is halted, when the Coast Guard Regulatory Information This rule is not a significant Patrol Commander deems it is safe to do On June 2, 2008, we published a regulatory action under section 3(f) of so. Before the enforcement period, we notice of proposed rulemaking (NPRM) Executive Order 12866, Regulatory will issue maritime advisories so entitled Special Local Regulations for Planning and Review, and does not mariners can adjust their plans Marine Events; Patapsco River, Inner require an assessment of potential costs accordingly.

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Assistance for Small Entities Civil Justice Reform This rule does not use technical Under section 213(a) of the Small This rule meets applicable standards standards. Therefore, we did not Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to standards. in the NPRM we offered to assist small minimize litigation, eliminate Environment entities in understanding the rule so ambiguity, and reduce burden. We have analyzed this rule under that they could better evaluate its effects Protection of Children Department of Homeland Security on them and participate in the Management Directive 5100.1 and rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded under the Instruction Regulatory Enforcement Ombudsman health or risk to safety that may that there are no factors in this case that and the Regional Small Business disproportionately affect children. would limit the use of a categorical Regulatory Fairness Boards. The Indian Tribal Governments exclusion under section 2.B.2 of the Ombudsman evaluates these actions Instruction. Therefore, this rule is This rule does not have tribal annually and rates each agency’s categorically excluded, under figure 2– implications under Executive Order responsiveness to small business. If you 1, paragraph (34)(h.), of the Instruction, 13175, Consultation and Coordination wish to comment on actions by from further environmental with Indian Tribal Governments, employees of the Coast Guard, call 1– documentation. 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial Under figure 2–1, paragraph (34)(h.), Coast Guard will not retaliate against direct effect on one or more Indian of the Instruction, an environmental small entities that question or complain tribes, on the relationship between the analysis checklist and a categorical about this rule or any policy or action Federal Government and Indian tribes, exclusion determination are not of the Coast Guard. or on the distribution of power and required for this rule. responsibilities between the Federal Collection of Information Government and Indian tribes. List of Subjects in 33 CFR Part 100 This rule calls for no new collection Energy Effects Marine safety, Navigation (water), of information under the Paperwork Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Waterways. 3520). Executive Order 13211, Actions I For the reasons discussed in the Concerning Regulations That Federalism preamble, the Coast Guard amends 33 Significantly Affect Energy Supply, CFR part 100 as follows: A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, determined that it is not a ‘‘significant PART 100—REGATTAS AND MARINE Federalism, if it has a substantial direct energy action’’ under that order because PARADES effect on State or local governments and it is not a ‘‘significant regulatory action’’ I would either preempt State law or under Executive Order 12866 and is not 1. The authority citation for part 100 impose a substantial direct cost of likely to have a significant adverse effect continues to read as follows: compliance on them. We have analyzed on the supply, distribution, or use of Authority: 33 U.S.C. 1233. this rule under that Order and have energy. The Administrator of the Office I 2. Add a temporary § 100.T05–0392 to determined that it does not have of Information and Regulatory Affairs read as follows: implications for federalism. has not designated it as a significant energy action. Therefore, it does not Unfunded Mandates Reform Act § 100.T05–0392 Patapsco River, Inner require a Statement of Energy Effects Harbor, Baltimore, MD. The Unfunded Mandates Reform Act under Executive Order 1321