Unknown. Direct final rule, request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2008-02-21.xml --- 73 35 Thursday, February 21, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Proposed Regulations Related to Patient Safety; Audio Conference, 9570 08-776 Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9516-9517 E8-3168 E8-3169 E8-3170 Air Force Air Force Department RULES Air Force Academy Preparatory School, 9456-9459 E8-2948 NOTICES Privacy Act;

System of Records, 9548-9549 E8-3209 Settlement Agreement Under the Environmental Response, Compensation and Liability Act, 9549 E8-3193 Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9521-9522 E8-2929 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9570-9571 08-777 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9521 E8-3158 CITA Committee for the Implementation of Textile Agreements NOTICES Determination Under the Textile and Apparel Commercial Availability Provision of Dominican Republican-Central America-U.S. Free Trade Agreement (CAFTA-DR), 9544-9546 08-784 08-785 Comptroller Comptroller of the Currency RULES Assessment of Fees; Correction, 9625 Z8-3004 Defense Defense Department See Air Force Department See Navy Department NOTICES Privacy Act; systems of records, 9546-9548 E8-3210 E8-3290 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances;

Notice of Application, 9589-9592 E8-3178 E8-3182 Importer of Controlled Substances; Notice of Registration, 9588-9592 E8-3171 E8-3172 E8-3173 E8-3174 E8-3180 E8-3181 E8-3183 E8-3184 Manufacturer of Controlled Substances; Notice of Registration, 9592-9593 E8-3175 E8-3176 E8-3177 E8-3179 Economic Economic Development Administration NOTICES Proposed Information Collection; Comment Request; Award for Excellence in Economic Development, 9522-9523 E8-3159 Education Education Department NOTICES Applications for New Awards for Fiscal Year

(FY)2008, 9550-9554 E8-3261 Partnerships in Character Education Program; Inviting Applications for New Awards for Fiscal Year

(FY)2008, 9554-9559 E8-3250 Employment Employment and Training Administration NOTICES Eligibility Certification for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance; Saint-Gobain Abrasives, 9593-9594 E8-3221 E8-3222 Termination of Investigation; Parker International Products, Inc.; Worcester, MA, 9594 E8-3224 Termination of Investigation; Tail, Inc.; Miami, FL, 9594 E8-3223 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Draft Environmental Impact Statements: Montana Alberta Tie Ltd. International Transmission Line, 9559 E8-3292 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Maine; Open Burning Rule, 9459-9462 E8-3246 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Maine; Open Burning Rule, 9506-9507 E8-3302 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9561-9567 E8-3228 E8-3229 E8-3230 E8-3232 Drinking Water Contaminant Candidate List 3; Draft, 9628-9654 E8-3114 Public Water System Supervision Program Variance and Exemption Review: Colorado, 9567 E8-3233 E8-3236 Montana, 9567-9568 E8-3236 Executive Executive Office of the President See National Drug Control Policy Office FAA Federal Aviation Administration RULES Amendment of Class E Airspace; Franklin, PA, 9439-9440 08-766 Class E Airspace, 9440-9454 08-724 08-725 08-726 08-727 08-729 08-730 08-731 08-734 08-735 Class E Airspace; Correction, 9454-9455 08-728 08-733 PROPOSED RULES Airworthiness Directives: Embraer Model EMB-135BJ Airplanes, 9500-9502 E8-3191 Empresa Brasileira de Aeronautica S.A., 9497-9500 E8-3190 Rolls-Royce plc RB211 Series Turbofan Engines, 9502-9504 E8-3192 Airworthiness Standards: Fire Protection, 9494-9497 E8-3271 Class E Airspace, 9504-9506 08-722 NOTICES Petition for Exemption; Summary of Petition Received, 9612 E8-3208 FCC Federal Communications Commission RULES 2006 Quadrennial Regulatory Review: Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 9481-9492 E8-3133 Amendment to Delegate Administration of the Commission's Rule to the Public Safety and Homeland Security Bureau, 9462-9463 E8-3135 IP-Enabled Services, Telephone Number Portability, Numbering Resource, 9463-9481 E8-3130 Radio Broadcasting Services: Norfolk and Windsor, VA, 9492-9493 E8-3263 Peach Springs, AZ, 9492 E8-3262 PROPOSED RULES Radio Broadcasting Services: Dededo, Guam, 9515 E8-3225 Telephone Number Requirements for IP-Enabled Services Providers; Local Number Portability Porting Interval and Validation Requirements, 9507-9515 E8-3129 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 9568-9569 E8-3157 E8-3226 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings; Sunshine Act, 9559-9561 E8-3287 Federal Highway Federal Highway Administration NOTICES Environmental Assessment: Milwaukee County, WI, 9612-9613 E8-3196 Environmental Statements: Albuquerque, New Mexico, 9613 E8-3195 FMC Federal Maritime Commission NOTICES Agreements Filed, 9569 E8-3260 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 9569-9570 E8-3202 Fish Fish and Wildlife Service NOTICES Wildlife and Sport Fish Restoration Program, 9582-9585 08-743 Food Food and Drug Administration RULES Oral Dosage Form New Animal Drugs: Altrenogest, 9455 E8-3265 Ivermectin Liquid, 9455-9456 E8-3266 NOTICES Animal Drug User Fee Act; Public Meeting; Request for Comments, 9571-9575 E8-3267 International Conference on Harmonisation; Pharmacopoeial Texts for Use in the ICH Regions; Availability, 9575-9577 E8-3186 E8-3187 Harmonisation Regions; Availability Forest Forest Service NOTICES Dixie National Forest, Utah; Tropic to Hatch 138kV Transmission Line Project, 9517-9521 E8-3194 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See National Institutes of Health Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Export Trade Certificate of Review: XCC Exportz Inc., 9523-9524 E8-3253 International International Trade Commission NOTICES Commission Issuance of a Limited Exclusion Order; Termination of Investigation, 9587 E8-3205 Global Beef Trade: Effects of Animal Health, Sanitary, Food Safety, and Other Measures on U.S. Beef Exports, 9587-9588 E8-3128 Justice Justice Department See Drug Enforcement Administration NOTICES Consent Decree: Kansas Department of Health and Environment v. Cyprus Amax Minerals Co., 9588 E8-3140 Lodging of Settlement Agreement, 9588 E8-2954 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Draft Resource Management Plan; Draft Environmental Impact Statement: Proposed Areas of Critical Environmental Concern and Specific Associated Resource Use Limitations for Public Lands in Sublette and Lincoln Counties, WY, 9585-9586 E8-3251 Minerals Minerals Management Service PROPOSED RULES Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Pipelines and Pipeline Rights-of-Way, etc., 9506 E8-3201 NOTICES Meetings: Outer Continental Shelf Policy Committee, 9586-9587 E8-3288 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Exclusive License, 9597 E8-3136 Intent to Grant Partially Exclusive License, 9597-9598 E8-3139 National Drug National Drug Control Policy Office NOTICES Comment Request, 9598 E8-3227 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9577-9578 E8-3166 Government-Owned Inventions: Availability for Licensing, 9578-9580 E8-3164 Meetings: National Institute of Allergy and Infectious Diseases, 9580-9581 08-773 National Institute of Dental and Craniofacial Research, 9580 08-771 08-772 National Institute on Aging, 9581 08-774 Prospective Grant of an Exclusive License: Development and Commercialization of Therapeutic Products for Breast Cancer, 9581-9582 E8-3165 Prospective Grant of Exclusive License: Regulatory Approved Clinical Diagnostics for Anti-HPV16 L1 Serum Antibody Detection in HPV Vaccine Recipients, 9582 E8-3162 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Sablefish Managed Under the Individual Fishing Quota Program, 9493 08-787 NOTICES Atlantic Coastal Fisheries Cooperative Management Act Provisions; Tautog Fishery, 9524-9525 E8-3252 Meetings: National Oceanic and Atmospheric Administration Science Advisory Board, 9525 E8-3259 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce, 9525-9526 E8-3258 Taking of Marine Mammals Incidental to Specified Activities: An On-ice Marine Geophysical and Seismic Programs in the U.S. Beaufort Sea, 9535-9544 E8-3257 Marine Geophysical Survey off Central America, February-April 2008, 9526-9535 E8-3256 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 9598 E8-3185 Navy Navy Department NOTICES Privacy Act; Systems of Records, 9549-9550 E8-3289 Nuclear Nuclear Regulatory Commission NOTICES Availability of Environmental Assessment and Finding of No Significant Impact: License Amendment to Byproduct Materials License No. 37-30095-01, etc., 9598-9601 E8-3200 E8-3203 Facility Operating License Amendment Issuance Consideration: Wolf Creek Nuclear Operating Corp., 9602-9604 E8-3284 Intent to Prepare an Environmental Impact Statement and Conduct Scoping Process, 9604-9606 E8-3212 NRC Regulatory Issue Summary 2007-26, Implementation of Certification of Compliance: Amendments to Previously Loaded Spent Fuel Storage Casks, 9606 E8-3213 Occupational Occupational Safety and Health Administration NOTICES Voluntary Protection Program Application Information; Extension, 9594-9597 E8-3153 National Office of National Drug Control Policy See National Drug Control Policy Office SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Boston Stock Exchange, Inc., 9607-9609 E8-3167 Chicago Board Options Exchange, Inc., 9609-9611 E8-3197 E8-3198 State State Department NOTICES Presidential Determination: National Defense Authorization Act for Fiscal Year 2008 With Respect to Iraq, 9611-9612 E8-3248 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Comptroller of the Currency Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9613-9620 E8-3234 E8-3235 E8-3237 E8-3238 E8-3239 E8-3240 E8-3241 E8-3242 E8-3243 E8-3244 E8-3245 Meetings: National Research Advisory Council, 9620 08-782 Privacy Act; Systems of Records, 9620-9624 E8-3291 Separate Parts In This Issue Part II Environmental Protection Agency, 9628-9654 E8-3114 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 35 Thursday, February 21, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0279; Airspace No. 07-AEA-19] Amendment of Class E Airspace; Franklin, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action modifies Class E Airspace at Franklin, PA. The existing controlled airspace from nearby Venango Regional Airport does not adequately support a new Area Navigation

(RNAV)Global Positioning System

(GPS)Special Instrument Approach Procedure

(IAP)that has been developed for medical flight operations for the Northwest Medical Center. This action will enhance the safety and management of Instrument Flight Rule

(IFR)operations by providing the required controlled airspace to protect for this approach at Franklin, PA. Additionally this action imparts a technical correction to the airport name. DATES: Effective 0901 UTC, June 05, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before April 7, 2008. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2007-0279; Airspace Docket No. 07-AEA-19, at the beginning of your comments. You may also submit and review received comments through the Internet at *http://www.regulations.gov* . You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone

(404)305-5581; Fax

(404)305-5572. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. 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. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from and comments may be submitted and reviewed via *http://www.regulations.gov* . Recently published rulemaking documents can also be accessed through the FAA's web page at *http://www.faa.gov* or the Federal Register's web page at *http://www.gpoaccess.gov/fr/index.html* . Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or you may comment through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2007-0279; Airspace Docket No. 07-AEA-19.” The postcard will be date stamped and returned to the commenter. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E5 airspace at Franklin, PA, providing the controlled airspace required to support the new Copter Area Navigation

(RNAV)Global Positioning System

(GPS)089 Point in Space

(PinS)approach developed to facilitate helicopter arrival and departures at the Northwest Medical Center in Franklin. Although Class E airspace exists near the area, it is insufficient for the protection for this approach which will serve medical flights. Controlled airspace, known as Class E5 airspace, extending upward from 700 feet Above Ground Level

(AGL)is required to encompass all Instrument Approach Procedures

(IAPs)to the extent practical and for general Instrument Flight Rule

(IFR)operations. The FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 to modify existing Class E5 airspace by adding a 6-mile radius around the Point in Space Coordinates that serve the Northwest Medical Center in Franklin, PA. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9R, signed August 15, 2007, effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. In 1994, Venango County changed the name of the airport from Chess-Lamberton Airport to Venango Regional Airport and this rule provides for that technical correction for the existing Class E2 airspace and this amended Class E5 airspace. 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 implications 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, in 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 amends controlled airspace at Franklin, PA near the Northwest Medical Center. Lists 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 Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. AEA PA E2 Franklin, PA [Amended] Venango Regional Airport, Franklin, PA (Lat. 41°22′40″ N., long. 79°51′37″ W.) Franklin VOR (Lat. 41°26′19″ N., long. 79°51′24″ W.) Within a 4-mile radius of Venango Regional Airport and within 2.7 miles each side of the Franklin VOR 360° and 180° radials extending from the 4-mile radius to 7.4 miles north of the VOR. This Class E airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. AEA PA E5 Franklin, PA [Amended] Venango Regional Airport, Franklin, PA (Lat. 41°22′40″ N., long. 79°51′37″ W.) Franklin VOR (Lat. 41°26′19″ N., long. 79°51′24″ W.) Northwest Medical Center Heliport (Lat. 41°24′32″ N., long. 79°49′58″ W.) Point in Space Coordinates (Lat. 41°23′54″ N., long. 79°50′58″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6.5-mile radius of Venango Regional Airport and within 3.1 miles each side of the franklin VOR 360° radial extending from the 6.5-mile radius to 10 miles north of the VOR and that airspace within a 6-mile radius of the Point in Space Coordinates (lat. 41°23′54″ N., long. 79°50′58″ W.) serving the Northwest Medical Center. Issued in College Park, Georgia, on January 31, 2008. Barry A. Knight, Acting Manager, System Support Group, Eastern Service Center. [FR Doc. 08-766 Filed 02-20-08; 8:45 am]

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