Unknown. Final rule

5,263 words·~24 min read·/register/2008/02/04/08-429

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2008-02-04.xml --- 73 23 Monday, February 4, 2008 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service Centers Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health (ABRWH), National Institute for Occupational Safety and Health (NIOSH), 6517-6518 E8-2013 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs:

Conditions for Coverage for End Stage Renal Disease Facilities-Extension of Timeline for Publication of Final Rule, 6451-6452 E8-2051 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6518 08-446 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Request for Public Comments;

Community Development Financial Institutions Program: Community Development Financial Institutions

(CDFI)Program, 6558-6559 E8-2008 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6506-6515 E8-2024 Defense Defense Department NOTICES Privacy Act of 1974; System of Records, 6484-6485 E8-1940 Publication of Housing Price Inflation Adjustment Under 50 U.S.C. App. Sec. 531, 6485 E8-1941 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6485-6487 E8-1958 08-487 08-488 Enhanced Assessment Instruments, 6487-6491 E8-1983 Vocational Rehabilitation Services Projects for American Indians with Disabilities, 6491-6494 E8-1982 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6494-6495 08-453 Voting System Test Laboratory Accreditation Program Manual; Request for Comment, 6495 08-452 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Ohio; Revised Oxides of Nitrogen (NO x ) Regulation, Phase II, and Revised NO x Trading Rule, 6427-6430 E8-1797 PROPOSED RULES Approval and Promulgation of State Implementation Plans: Ohio: Proposed Approval of Revised Oxides of Nitrogen (NO x ), Phase II, and Revised NO x Trading Rule, 6451 E8-1799 NOTICES Committees; Establishment, Renewal, Termination, etc.: Farm, Ranch, and Rural Communities Advisory Committee, 6500 08-477 Meetings: Environmental Financial Advisory Board, 6500-6501 E8-1955 Total Coliform Rule Distribution System Advisory Committee, 6501 E8-1954 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 6501 08-508 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: CFM International, S.A. CFM56-7B Series Turbofan Engines, 6419-6423 E8-1830 Class E Airspace; correction, 6424 E8-1846 Establishment and Removal of Class E Airspace: Indianapolis, IN, 6424-6425 08-429 Long Prairie, MN, 6425-6426 08-430 NOTICES Airport Noise Compatibility Program: Hartsfield-Jackson Atlanta International Airport, GA, 6548-6549 08-464 Meetings: Research, Engineering, and Development Advisory Committee, 6549 08-463 FCC Federal Communications Commission RULES Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996: Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers— LEC Coalition Application for Review Regarding Carrier Change Rules, 6444-6446 E8-1980 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6501-6506 E8-1975 E8-1976 E8-1977 E8-1978 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6506-6515 E8-2024 Federal Energy Federal Energy Regulatory Commission NOTICES Intent to Prepare Environmental Assessment: Chestnut Ridge Storage L.P.; Junction Natural Gas Storage Project; Comment Requests, 6495-6497 E8-1924 Notice of Amendment: Port Dolphin Energy LLC, 6497-6498 E8-1929 Notice of Filing: Airtricity Munnsville Wind Farm, LLC, 6498 E8-1926 Bangor Hydro-Electric Co. et al., 6498-6499 E8-1927 Town of Tarboro, NC, Spongex LLC, Tarboro, NC, 6499 E8-1923 Petition for Rate Approval: Houston Pipe Line Company, L.P., 6499 E8-1928 Request Under Blanket Authorization: Southern Star Central Gas Pipeline, Inc., 6499-6500 E8-1925 Federal Highway Federal Highway Administration NOTICES Express Lanes Demonstration Program, 6549-6552 E8-1932 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards: Volvo Trucks North America; Renewal of Exemption, 6552-6553 E8-1931 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6506-6517 E8-1930 E8-2024 Change in Bank Control: Acquisition of Shares of Bank or Bank Holding Companies, 6517 E8-1946 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; 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Proposals, Submissions, and Approvals, 6524-6525 E8-1934 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6559-6564 E8-2006 E8-2009 E8-2012 E8-2017 E8-2018 E8-2019 E8-2021 E8-2022 Meetings: Taxpayer Advocacy Panels, 6564 E8-2014 International International Trade Administration NOTICES Antidumping or Contervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 6477-6479 E8-1974 Final Determination of Sales at Less Than Fair Value: Sodium Hexametaphosphate from China, 6479-6482 E8-1971 International International Trade Commission NOTICES Advise Concerning Modifications to U.S. Generalized System of Preferences: 2007 Review of Competitive Need Limit Waivers, 6526-6527 E8-1937 Justice Justice Department See Parole Commission PROPOSED RULES Procedures for Completing Uniform Forms of Trustee Final Reports: Cases Filed Under Chapters 7, 12, and 13 of Title 11, 6447-6451 E8-1450 NOTICES Lodging of Consent Decree: Comprehensive Environmental Response, Compensation, and Liability Act, 6527-6528 E8-1921 E8-1922 Land Land Management Bureau RULES Oil and Gas Leasing; National Petroleum Reserve-Alaska, 6430-6444 E8-1647 NOTICES Environmental Impact Statement: Bridger-Teton National Forest; Wyoming State Office, 6453-6454 08-472 Meetings: Northwest California Resource Advisory Council, 6525 08-476 National Communications National Communications System NOTICES Meetings: President's National Security Telecommunications Advisory Committee, 6521-6522 E8-2011 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6554-6556 E8-1938 E8-1939 Reports, Forms, and Record Keeping Requirements, 6556-6558 E8-2016 NIH National Institutes of Health NOTICES Meetings: Clinical Center, 6518 08-465 National Institute of General Medical Sciences, 6518-6519 08-467 National Institute on Aging, 6519 08-468 Scientific Review Center, 6519-6521 08-466 NOAA National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6482-6484 E8-1883 E8-1884 E8-1885 Meetings: Hydrographic Services Review Panel, 6484 E8-1965 National Park National Park Service NOTICES National Register of Historic Places; Notification of Pending Nominations and Related Actions, 6525-6526 E8-2020 Nuclear Nuclear Regulatory Commission NOTICES Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards, etc.: Florida Power Corporation, et al.; Correction, 6528 E8-1945 Dominion Virginia Power; Acceptance for Docketing Application: Combined License for North Anna Unit 3 Docket No. 52-017, 6528-6529 E8-1942 Opportunity To Comment on Model Safety Evaluation on Technical Specification Improvement To Revise Containment Isolation Valve Completion Times, etc., 6529-6537 E8-1943 Parole Parole Commission NOTICES Meetings: Record of Vote; Meeting Closure, 6528 08-471 Postal Postal Regulatory Commission RULES Administrative Practice and Procedure, Postal Service: Corrections, 6426-6427 E8-1890 Presidential Presidential Documents ADMINISTRATIVE ORDERS Migration and Refugee Assistance Act of 1962; availability of funds (Presidential Determination) No. 2008-10 of January 29, 2008, 6569 08-495 Turkey; proposed agreement for cooperation with the U.S. concerning peaceful uses of nuclear energy (Presidential Determination) No. 2008-8 of January 22, 2008, 6565-6567 08-494 Rural Rural Housing Service NOTICES Funds Availability

(NOFA)Inviting Applications for the Rural Community Development Initiative

(RCDI)for Fiscal Year 2008, 6457-6466 E8-2025 Request for Proposals: National Emergency or Disaster Grants for Low-Income Migrant and Seasonal Farm Workers, 6467-6469 E8-1951 Section 538 Guaranteed Rural Rental Housing Program for FY 2008, 6469-6477 E8-1949 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 6537-6539 E8-1960 New York Stock Exchange LLC, 6539-6542 E8-1878 E8-1879 NYSE Arca, Inc., 6542-6544 E8-1961 Philadelphia Stock Exchange, Inc., 6544-6546 E8-1962 State State Department NOTICES Meetings: Cultural Property Advisory Committee, 6546-6547 E8-1953 International Telecommunication Advisory Committee, 6547 E8-1950 Shipping Coordinating Committee, 6547 E8-1952 Proposal to Extend Memorandum of Understanding Between United States and Kingdom of Cambodia: Imposition of Import Restrictions on Khmer Archaeological Material, 6547 E8-1957 Termination of Statutory Debarment: Pursuant to Section 38(g)(4) of the Arms Export Control Act; Peter Appelbaum, 6548 E8-1948 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6506-6515 E8-2024 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6522 E8-1956 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 6565-6567, 6569 08-494 08-495 Reader Aids 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 LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 23 Monday, February 4, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27229; Directorate Identifier 2007-NE-03-AD; Amendment 39-15359; AD 2008-03-09] RIN 2120-AA64 Airworthiness Directives; CFM International, S.A. CFM56-7B Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for CFM International, S.A. CFM56-7B series turbofan engines. This AD requires revising the Airworthiness Limitations Section

(ALS)in the Engine Shop Manual

(ESM)and the air carrier's approved continuous airworthiness maintenance program

(CAMP)to add mandatory inspections of certain low pressure turbine rear frames

(TRFs)to the ALS or CAMP. This AD results from a refined lifing analysis by the engine manufacturer that shows the need to identify an initial threshold for inspecting certain TRFs. We are issuing this AD to prevent failure of the TRF from low-cycle fatigue cracks. Failure of the TRF could result in engine separation from the airplane, which could lead to loss of control of the airplane. DATES: This AD becomes effective March 10, 2008. ADDRESSES: The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. FOR FURTHER INFORMATION CONTACT: Antonio Cancelliere, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7751; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to CFM International, S.A. CFM56-7B series turbofan engines. We published the proposed AD in the **Federal Register** on April 23, 2007 (72 FR 20075). That action proposed to require revising the ALS in the Engine Shop Manual and the air carrier's approved continuous airworthiness maintenance program

(CAMP)to add mandatory inspections of certain low pressure turbine rear frames

(TRFs)to the ALS or CAMP. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Update Table for Figure 805 Delta Airlines requests that we change the wording in the table for Figure 805 because CFM International updated CFM56-7B Engine Shop Manual section 05-21-03, with Temporary Revision 05-0080, dated December 5, 2006. We agree and have reworded the table for Figure 805 to reflect wording used by the original equipment manufacturer (OEM). For clarification, we also moved the titles for Figures 806 and 807 to the beginning of the figures. Guidance on Future Revisions Delta Airlines also suggests that we provide guidance on making future OEM revisions to ESM section 05-21-03 while maintaining compliance with the AD. We disagree. The information contained within sections

(j)and

(k)of the AD is adequate. Any future OEM changes to the ALS that affect compliance with this AD will require an AD revision or supersedure, depending on the specific situation. Airlines should make changes to items outside of this specific area and incorporate them into their ESM or CAMP per their normal procedures. Add Part Numbers (P/Ns) to Applicability Finally, Delta Airlines requests that we add P/Ns 340-166-251-0, 340-166-252-0 and 340-166-253-0 to the Applicability section and clarify whether these P/Ns will be applicable to the business jet application as well as the commercial application. We disagree. The intent of this AD is to make operators aware of the life limit/mandatory inspections recently introduced by CFM International in the Airworthiness Limitations Section of the CFM56-7B Engine Shop Manual that affect P/Ns that were not previously limited. Ignoring these new limitations could create a potentially unsafe condition. The P/Ns listed above were subject to a life limit and mandatory inspection when first introduced to the ESM, therefore, there is no potential unsafe condition. Business jet and commercial engine model applicability of the new P/Ns is as listed in the ESM. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance We estimate that this AD will affect 1,228 engines installed on airplanes of U.S. registry. While the cost of making the manual change is negligible, the resulting inspections must be discussed. Since life extensions are possible on condition, the cost of the AD is limited to performing TRF inspections. We estimate that it will take about 3.0 work-hours per engine to perform the actions, including the TRF inspections, and that the average labor rate is $80 per work- hour. No parts are required. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $294,720. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2008-03-09 CFM International, S.A.:** Amendment 39-15359. Docket No. FAA-2007-27229; Directorate Identifier 2007-NE-03-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective March 10, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to CFM International, S.A. CFM56-7B18, -7B20, -7B22, -7B24, -7B26, -7B27, -7B22/B1, -7B24/B1, -7B26/B1, -7B27/B1, -7B22/B2, -7B26/B2, -7B27/B3 turbofan engines with turbine rear frame (TRF), part numbers 340-166-205-0, 340-166-206-0, 340-166-207-0, 340-166-208-0, 340-166-209-0, and 340-166-210-0, installed. These engines are installed on, but not limited to, Boeing 737 series airplanes. Unsafe Condition

(d)This AD results from a refined lifing analysis by the engine manufacturer that shows the need to identify an initial threshold for inspecting certain TRFs. We are issuing this AD to prevent failure of the TRF from low-cycle fatigue cracks. Failure of the TRF could result in engine separation from the airplane, which could lead to loss of control of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within 30 days after the effective date of this AD, unless the actions have already been done. Mandatory Inspections

(f)Within the next 30 days after the effective date of this AD, revise the applicable inspection program for the Business Jet and Air Carrier engine models by adding the Mandatory Inspection Intervals as specified in this AD, and revise the Airworthiness Limitations Section

(ALS)(chapter 05-21-03) of the CFM56-7B Engine Shop Manual, CFMI-TP-SM.10 by adding the following: TURBINE REAR FRAME WITH TANGENTIAL STRUTS—MANDATORY INSPECTIONS—LIFE LIMITS TASK 05-21-03-200-001 1. *General* A. This section contains the FAA and EASA mandatory Eddy Current inspection intervals for the turbine rear frame with tangential struts. The inspection uses: —A threshold limit, specified in flight cycles —Inspection intervals, specified in flight cycles B. The threshold limit is the timing of the first required inspection. First inspection must be done before that part has reached the threshold number of flight cycles. C. The inspection intervals specify the timing of inspections to be done after the threshold inspection has been reached. Inspections are repetitive without any limit. 2. *Mandatory Inspection Intervals for the Critical Areas of the Turbine Rear Frame with Tangential Struts (4 Mount Struts, No. 1, 2, 15, and 16)* . C. Turbine Rear Frame Part Numbers 340-166-205-0, 340-166-206-0, 340-166-207-0, 340-166-208-0, 340-166-209-0, 340-166-210-0, for all CFM56-7B SAC engine models (except -7B27A engine models). Refer to figure 805. Figure index No. Inspection location Inspection threshold (cycles since new) Inspection intervals (cycles) Inspection reference 805 Strut/outer ring fillet radius on trailing edge

(A)25,000 * for -7B SAC (except business jet) engine models Refer to Figure 806 * for -7B SAC (except business jet) engine models Refer to SB 72-0579.* Strut/hub fillet radius on leading edge

(B)19,000 * for -7B SAC business jet engine models Refer to Figure 807 * for -7B SAC business jet engine models Strut/outer ring fillet radius on trailing edge (C1 below outer ring) Strut/outer ring fillet radius on trailing edge (C2 above outer ring) Note: * Applicable to all inspection locations. If inspection is not performed, part must be removed. BILLING CODE 4910-13-P ER04FE08.000 ER04FE08.001 ER04FE08.002

(g)After the effective date of this AD, we will not approve any alternative inspection intervals for these parts except as provided for in paragraph

(j)of this AD. TRFs With Unknown Cycles

(h)If you cannot establish the number of cycles accumulated since new, remove or inspect the TRF within 300 cycles-in-service after the effective date of this AD. The CFM56-7B Engine Shop Manual

(ESM)or air carrier's approved continuous airworthiness maintenance program

(CAMP)contains information for inspecting the TRF.

(i)You may install a TRF removed in paragraph

(h)of this AD after the TRF passes an initial inspection for cracks. The CFM56-7B ESM or CAMP contains information on inspecting the TRF. Alternative Methods of Compliance

(j)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Maintaining Records of the Mandatory Inspections

(k)You have met the requirements of this AD by making the changes to the Engine Shop Manual as specified in paragraph

(f)of this AD, and, for air carriers operating under part 121 of the Federal Aviation Regulations (14 CFR part 121), by modifying your continuous airworthiness maintenance plan to reflect those changes. You must maintain records of the mandatory inspections that result from those changes to the ALS according to the regulations governing your operation. You do not need to record each inspection as compliance to this AD. For air carriers operating under part 121, you may use the system established to comply with section 121.369. Related Information

(l)CFM International Service Bulletin CFM56-7B S/B 72-0579, Revision 1, dated October 27, 2006, contains information about Eddy Current inspection.

(m)Contact Antonio Cancelliere, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7751; fax

(781)238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on January 23, 2008. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E8-1830 Filed 2-1-08; 8:45 am] BILLING CODE 4910-13-C DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket FAA No. FAA-2007-28649; Airspace Docket No. 07-ANM-10] Establishment of Class E Airspace; Wheatland, WY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This action corrects a final rule published in the **Federal Register** January 8, 2008 (73 FR 1271), Airspace Docket No. 07-ANM-10, FAA Docket No. FAA-2007-28649. In that rule, an error was made in the legal description for Wheatland, WY. Specifically, the latitude referencing Wheatland, Phifer Airfield, WY stated “* * * lat. 43°03′20″ N.” instead of “* * * lat. 42°03′20″ N.” This action corrects that error. DATES: *Effective Date:* 0901 UTC, April 10, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, System Support Group, Western Service Area, 1601 Lind Avenue, SW., Renton, WA 98057; telephone

(425)203-4537. SUPPLEMENTARY INFORMATION: History On January 8, 2008, a final rule for Airspace Docket No. 07-ANM-10, FAA Docket No. FAA-2007-28649 was published in the **Federal Register** (73 FR 1271), establishing Class E airspace in Wheatland, WY. The latitude referencing Wheatland, Phifer Airfield, WY was incorrect in that the latitude stated “* * * lat. 43°03′20″ N.” instead of “* * * lat. 42°03′20″ N.” This action corrects that error. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, the legal description as published in the **Federal Register** on January 8, 2008 (73 FR 1271), Airspace Docket No. 07-ANM-10, FAA Docket No. FAA-2007-28649, and incorporated by reference in 14 CFR 71.1, is corrected as follows: § 71.1 [Amended] On page 1271, correct the legal description for Wheatland, WY, to read as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM WY E5 Wheatland, WY [New] Wheatland, Phifer Airfield, WY (Lat. 42°03′20″ N., long. 104°55′43″ W.) That airspace extending upward from 700 feet above the surface within a 9-mile radius of Phifer Airfield, WY and within 4 miles north and 4 miles south of the Phifer Airfield, WY 080° radial extending from the 9-mile radius to 12.90 miles east of the Phifer Airfield, WY. Issued in Seattle, Washington, on January 14, 2008. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E8-1846 Filed 2-1-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-026; Airspace Docket No. 08-AGL-2] Establishment of Class E5 Airspace; Indianapolis, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule request for comments. SUMMARY: This action proposes to establish Class E5 airspace at Indianapolis, IN. Additional controlled airspace is necessary to accommodate aircraft using new RNAV Global Positioning System

(GPS)Standard Instrument Approach Procedures (SIAP). The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules

(IFR)aircraft operations at Hendricks County-Gordon Graham Field Airport, Indianapolis, IN. DATES: Effective 0901 UTC April 10, 2008. Comments for inclusion in the rules Docket must be received on or before February 25, 2008. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-026/Airspace Docket No. 08-AGL-2 at the beginning of your comments. You may also submit comments through the Internet at *http://regulations.gov* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center, System Support Group, Federal Aviation Administration, Southwest Region, Fort Worth, TX 76193-0530; telephone

(817)222-5597. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date of the rule. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from *http://www.regulations.gov* . Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. The Rule This amendment to Title 14, Federal Regulations (14 CFR) part 71 establishes Class E5 airspace at Indianapolis, IN, providing the airspace required to support the new RNAV

(GPS)RWY 18 approach developed for IFR landings at Hendricks Co-Gordon Graham Field. Controlled airspace extending upward from 700 feet above the surface is required to encompass all SIAP and for the safety of IFR operations at Hendricks County-Gordon Graham Field Airport. Designations for Class E5 airspace areas extending upward from 700 feet above the surface of the earth are published in the FAA Order 7400.9R, signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. Class E5 designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implication under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore,

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49, of the United States Code, subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E5 airspace near Indianapolis, IN. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959-1963 Comp., p 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designation and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: *Paragraph 6002 Class E5 airspace areas extending upward from 700 feet above the surface of the earth.* AGL In Class E5 Indianapolis, IN [New] Hendricks County-Gordon Graham Field (Lat. 30°44′48″ N., long. 86°28′31″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Hendricks County-Gordon Graham Field. This Class E5 airspace is effective during specific dates and times established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Issued in Fort Worth, TX, on January 10, 2008. Donald R. Smith, Manager, System Support Group, ATO Central Service Area. [FR Doc. 08-429 Filed 2-1-08; 8:45 am]

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