Unknown. Final rule

9,392 words·~43 min read·/register/2008/03/10/08-933

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--- schema: federal-register doc_type: fedreg source_file: FR-2008-03-10.xml --- 73 47 Monday, March 10, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Statement of Organization, Functions, and Delegations of Authority, 12737-12738 E8-4458 Antitrust Antitrust Division NOTICES High Definition Metrology and Process-2 Micron Manufacturing Under ATP Award, 12762 E8-4394 Proposed Final Judgment and Competitive Impact Statement; UnitedHealth Group Inc., 12762-12774 E8-4393 Armed Armed Forces Retirement Home NOTICES Record of Decision;

Availability, 12702 E8-4639 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12738-12740 E8-4650 E8-4651 Clinical Laboratory Improvement Advisory Committee; Charter Renewal, 12740 E8-4719 Meetings: Annual Estimates of Influenza Vaccine Effectiveness for Preventing Laboratory Confirmed Medically Attended Outcomes etc., 12740 E8-4754 National Center for Injury Prevention and Control/ Initial Review Group, 12740 E8-4643 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12741-12742 E8-4403 08-995 Coast Guard Coast Guard RULES Safety Zone: Molokini Crater, Maui, HI, 12637-12639 E8-4681 PROPOSED RULES Special Local Regulations: Recurring Marine Events in the Fifth Coast Guard District, 12669-12679 E8-4707 NOTICES Permanent Relocation of the Coast Guard National Maritime Center, 12747-12748 E8-4679 Recreational Boating Safety Projects, Programs and Activities Funded Under Provisions of the Transportation Equity Act for the 21st Century;

Accounting, 12748-12749 E8-4755 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12702-12704 E8-4635 E8-4636 E8-4637 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-4623 12799-12800 E8-4624 Defense Defense Department See Defense Logistics Agency PROPOSED RULES Federal Acquisition Regulation:

Socioeconomic Program Parity, 12699-12701 E8-4561 NOTICES Federal Advisory Committees Renewal, 12710 E8-4625 Higher Limit to Initial Maximum Uniform Allowance Rate, 12711 E8-4725 Privacy Act; System of Records; Correction, 12711-12712 E8-4714 Privacy Act; Systems of Records, 12712-12715 E8-4712 E8-4728 E8-4734 Defense Defense Logistics Agency NOTICES Proposed Solicitation for Cooperative Agreement Applications, 12715-12716 E8-4465 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, E8-4627 12716-12718 E8-4628 E8-4630 Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs, 12718-12720 E8-4766 Federal Student Aid; Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnership Programs, 12720-12721 E8-4767 Strengthening Institutions, et al.; Applications for Designation as Eligible Institutions for FY 2008, 12721-12723 E8-4765 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES California State Implementation Plan Revisions;

South Coast Air Quality Management District, 12639-12640 E8-4147 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12725-12728 E8-4697 Energy Policy Act of 2005 Diesel Emissions Reduction Program; State Clean Diesel Grant Program Funding FY 2008, 12728-12732 E8-4702 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 12732 08-998 Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 12732-12733 E8-4695 FAA Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures:

Miscellaneous Amendments, 12631-12634 08-933 NOTICES Meetings: RTCA Special Committee 206/EUROCAE WG 76 Plenary, 12793 E8-4518 FCC Federal Communications Commission NOTICES Petitions for Reconsideration, 12733 E8-4622 Suspension and Initiation of Debarment Proceedings: Schools and Libraries Universal Service Support Mechanism, 12733-12735 E8-4588 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 12640-12647 E8-4621 E8-4722 Final Flood Elevation Determinations, 12647-12663 E8-4626 PROPOSED RULES Proposed Flood Elevation Determinations, 12684-12697 E8-4638 E8-4723 E8-4726 Proposed Flood Elevation Determinations;

Correction, 12697-12699 E8-4633 NOTICES Compendium of Flood Map Changes, 12749-12750 E8-4631 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Notice of Filings, 12723-12725 E8-4632 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed U.S. Highway Project in California, 12793-12794 E8-4425 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12794-12795 E8-4705 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices;

Acquisition of Shares of Bank or Bank Holding Companies, 12735 E8-4620 Formations, Acquisitions, and Mergers of Bank Holding Companies, 12735 E8-4619 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Participants Choices of TSP Funds, 12665-12669 E8-4776 NOTICES Meetings; Sunshine Act, 12735-12736 08-1004 Federal Transit Federal Transit Administration NOTICES National Rural Transportation Assistance Program Request for Proposal; Correction, 12795-12796 E8-4721 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12800-12801 E8-4385 Food Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs; Change of Sponsor; Ferric Oxide Injection etc., 12634-12635 E8-4603 Foreign Foreign Assets Control Office NOTICES Unblocking of Specially Designated Narcotics Trafficker, 12801 E8-4610 Unblocking of Specially Designated National, 12801-12802 E8-4617 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation:

Socioeconomic Program Parity, 12699-12701 E8-4561 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Decision to Evaluate Petition to Designate Class of Employees at the Savannah River Site, Aiken, SC, 12736 E8-4761 E8-4762 National Toxicology Program Report on Carcinogens:

Recommendations on Listing Status for Captafol and ortho-Nitrotoluene in 12th RoC and Scientific Justifications for Recommendations; Comment Request, 12736-12737 E8-4782 Health Health Resources and Services Administration NOTICES Statement of Organization, Functions and Delegations of Authority, 12742-12744 E8-4601 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12746-12747 E8-4605 Meetings: National Infrastructure Advisory Council, 12747 E8-4713 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12751 E8-4727 Fiscal Year 2008 Opportunity to Register Early and Other Important Information for Electronic Application Submission etc., 12751-12755 E8-4724 Multifamily Mortgage Insurance Premiums; Changes in Mortgage Insurance Premiums for FY2008:

Withdrawal of Proposal, 12755-12756 E8-4600 Indian Indian Affairs Bureau RULES Indian Tribal Energy and Self-Determination Act; Tribal Energy Resource Agreements, 12808-12836 E8-4301 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service PROPOSED RULES Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property, 12838-12867 E8-4466 International International Trade Administration NOTICES Canned Pineapple Fruit from Thailand:

Extension of Time Limit for Final Results of Antidumping Duty New Shipper Review, 12704-12705 E8-4648 Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 12704 E8-4640 Justice Justice Department See Antitrust Division See Parole Commission NOTICES Consent Decree: Bridgeport United Recycling, Inc. and United Oil Recovery, Inc., 12762 E8-4608 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 12756-12757 E8-4715 Meetings:

Pinedale Anticline Working Group, 12757 E8-4717 Proposed Withdrawal and Opportunity for Public Meeting; New Mexico, 12757-12758 E8-4602 Special Recreation Permit Application, Renewal and Transfer Fees for Commercial, Competitive, or Organized Group Activities and Events; Colorado, 12758-12759 E8-4604 Minerals Minerals Management Service NOTICES Outer Continental Shelf, Headquarters, Cape Wind Energy Project 2008, 12759 E8-4700 Mine Mine Safety and Health Administration NOTICES Petitions for Modification, 12774-12776 E8-4758 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:

Socioeconomic Program Parity, 12699-12701 E8-4561 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, E8-4402 12744-12745 E8-4405 E8-4409 National Library of Medicine, 12745 E8-4404 Seeking Comments on Implementation of the NIH Public Access Policy, 12745-12746 E8-4676 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 12663-12664 08-991 NOTICES Advisory Panel on Pacific Whiting;

Nominations, 12705 E8-4683 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12706 E8-4634 Draft Environmental Impact Statement, etc.: Washington Coastal Management Program, 12706-12707 E8-4711 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 12707-12708 E8-4645 Meetings: Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas, 12708 E8-4698 Gulf of Mexico Fishery Management Council, 12708-12709 E8-4613 New England Fishery Management Council, E8-4614 12709-12710 E8-4615 National Park National Park Service NOTICES Meetings:

Denali National Park and Preserve Aircraft Overflights Advisory Council, 12759 E8-4710 Wekiva River System Advisory Management Committee Meetings

(2008)Schedule, 12760 E8-4675 National Register of Historic Places; Notification of Pending Nominations and Related Actions, 12760 E8-4609 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Environmental Research and Education, 12776 E8-4618 Nuclear Nuclear Regulatory Commission RULES Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 12627-12631 E8-4768 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12776-12777 E8-4646 Baxter Healthcare; Confirmatory Order Modifying License, 12777-12779 E8-4716 Dominion Virginia Power; Notice of Hearing and Opportunity to Petition or a Combined License etc., 12760-12762 E8-4706 Environmental Assessment and Finding of No Significant Impact: Entergy Operations, Inc., 12779-12780 E8-4691 Mitsubishi Heavy Industries, Ltd.; Acceptance for Docketing an Application For Standard Design Certification etc., 12780-12781 E8-4718 Request for a Licenses to Import and Export Radioactive Waste; Extension of time for Comment and Intervention, 12781 E8-4752 Withdrawal of Application For Amendment to Facility Operating License: Entergy Nuclear Operations, Inc., 12781 E8-4689 Wold Creek Nuclear Operating corp.; Withdrawal of Application for Amendment to Facility Operating License, 12781-12782 E8-4687 Parole Parole Commission RULES Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes, 12635-12637 E8-3986 Patent Patent and Trademark Office PROPOSED RULES Examination of Patent Applications That Include Claims Containing Alternative Language, 12679-12684 E8-4744 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Dangers of Abnormal Snow and Ice Build-up on Gas Distribution Systems, 12796 08-999 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Application: JPMorgan Trust I, et al., 12782-12783 E8-4616 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 12783-12786 E8-4599 NYSE Arca, Inc., 12786-12790 E8-4556 E8-4557 Philadelphia Stock Exchange, Inc., 12790-12791 E8-4558 SBA Small Business Administration NOTICES Disaster Declaration: Missouri, 12786 E8-4581 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12791-12792 E8-4653 Culturally Significant Objects Imported for Exhibition Determinations: Fashioning Kimono: Art Deco and Modernism in Japan, 12792 E8-4659 Wiener Werkstatte Jewelry, 12793 E8-4655 Surface Surface Transportation Board NOTICES Abandonment Exemption; San Joaquin Valley Railroad Co., Tulare County, CA, 12796-12797 E8-4421 Release of Waybill Data, 12797 E8-4709 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service See United States Mint NOTICES Privacy Act; Systems of Records, 12797-12798 E8-4629 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12750 E8-4694 Customs U.S. Customs and Border Protection RULES Addition of Lithuania to the List of Nations Entitled to Special Tonnage Tax Exemption, 12634 E8-4641 U.S. Mint United States Mint NOTICES Coin Product Price Adjustment, 12802 E8-4688 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12802-12806 E8-4696 E8-4701 E8-4704 E8-4708 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 12808-12836 E8-4301 Part III Treasury Department, Internal Revenue Service, 12838-12867 E8-4466 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 47 Monday, March 10, 2008 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AI08 Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is amending its regulations to provide for expedited (and, in this case, “interlocutory”) review by the Commission of orders on requests by potential parties for access to certain sensitive unclassified non-safeguards information (SUNSI) and Safeguards Information (SGI). DATES: The effective date is April 9, 2008. ADDRESSES: Publicly available documents created or received at the NRC after November 1, 1999, are available electronically on the NRC's Web site in the Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this page, the public can gain entry into the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail at *pdr@nrc.gov* . Publicly available documents related to this rulemaking, including comments, may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. FOR FURTHER INFORMATION CONTACT: Tison Campbell, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-8579, e-mail *tison.campbell@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Background II. Discussion III. Analysis of Public Comments on the Proposed Rule IV. Voluntary Consensus Standards V. Environmental Impact: Categorical Exclusion VI. Paperwork Reduction Act Statement VII. Regulatory Analysis VIII. Regulatory Flexibility Certification IX. Backfit Analysis X. Congressional Review Act I. Background Commission regulations in 10 CFR part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders” govern the conduct of NRC adjudicatory proceedings. Potential parties who may request a hearing or petition to intervene in a hearing under 10 CFR part 2 may deem it necessary to obtain access to sensitive unclassified non-safeguards information (SUNSI) (including, but not limited to, proprietary, confidential commercial, and security-related information) and to Safeguards Information

(SGI)as defined in 10 CFR 73.2 to meet Commission requirements for hearing requests or for intervention. In order to facilitate access to the information described above, the Commission has developed, and made available for public comment, 1 draft access procedures to address receipt of this information by potential parties. In addition, the Commission is completing a final rule to update its regulations governing access to and protection of SGI. 2 Development of the procedures for access by potential parties and of the SGI rule is separate from, and not a part of, this amendment to 10 CFR 2.311. The revisions to 10 CFR 2.311 provide for interlocutory review by the Commission of access determinations made under those procedures, but § 2.311 does not control how the initial access determinations are made. However, a brief discussion of the purpose of those procedures is necessary to explain the Commission's intent in revising § 2.311. 1 *See* “Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information; Reopening of Public Comment Period and Notice of Availability of Proposed Procedures for Comment” (72 FR 43569; August 6, 2007). The draft access procedures document, “Availability for Comment of Proposed Procedures to Allow Potential Intervenors to Gain Access to Relevant Records That Contain Sensitive Unclassified Non-Safeguards Information or Safeguards Information,” is available in ADAMS at ML071910149. 2 *See* , “Protection of Safeguards Information,” (71 FR 64004; Oct. 31, 2006). The comment period on that proposed rule expired January 2, 2007, and a final rule is under development. Under the draft procedures for information access, a **Federal Register** notice of hearing, or a notice of opportunity for hearing on a licensing or other regulatory action, would instruct persons who claim a need for access to SUNSI or SGI in order to prepare a hearing request or intervention petition to submit a request by letter to specified Commission offices, within a specified time period from the issuance of the notice. The letter request for either SUNSI or SGI would have to contain certain elements, such as a description of the NRC licensing or enforcement action at issue (with citations to the relevant FRN); a description of the potential party's particular interest that could be harmed by the potential NRC action; and the identity of the individual requesting access to the information and that individual's need for the information in order to meaningfully participate in the adjudicatory proceeding. Access to SGI under the draft access procedures also would require:

(1)A showing of the technical competence of the requester to understand and use the requested information to provide the basis and specificity for a proffered contention and

(2)completion of a background check (including fingerprinting as part of a criminal history records check, as well as a credit check release) to establish trustworthiness and reliability. Because these background checks may take up to several months to complete, the draft access procedures include a “pre-clearance” process by which potential parties who may seek access to SGI could request initiation of the background check prior to a notice of hearing and thereby minimize delays in the preparation (and, if appropriate, adjudication) of security-related contentions. Based on an evaluation of the information submitted, the NRC staff would determine whether

(1)there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in an adjudicatory proceeding and

(2)the proposed recipient of the information has demonstrated a need for access to SUNSI, a need for access to SGI, a “need to know,” and that the proposed recipient is trustworthy and reliable. If the request for access to SUNSI or SGI is granted, the terms and conditions for this access would be set forth in a draft protective order and affidavit of non-disclosure. If the request for access to SUNSI or SGI is denied by the NRC staff, the NRC staff would briefly state the reasons for the denial. The requester could challenge the NRC staff's adverse determination or denial of access; similarly, a party other than the requester could challenge a grant of access to SUNSI if that party's interest independent of the proceeding would be harmed by the release of the information. Depending on the applicable access procedures and provisions of the SGI rule (after they become effective), such a challenge would be filed with any presiding officer assigned to the proposed NRC licensing action; or if no presiding officer has yet been assigned, with the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel; or if he or she is unavailable, with another administrative judge, or with an administrative law judge with jurisdiction under 10 CFR 2.318(a); or, if another officer has been designated to rule on information access issues, with that officer. As explained above, requests for this information at this stage of a proceeding would initially be made to and decided by the NRC staff. However, the draft access procedures would not apply to license transfer adjudications (for which the Commission has already chosen a different procedural approach), 3 the pending High Level Waste

(HLW)Pre-License Application Presiding Officer proceeding (PAPO), or any subsequent adjudication regarding the Department of Energy's

(DOE)expected application for a construction authorization for a HLW repository. 3 *See Consolidated Edison Co.* (Indian Point, Units 1 and 2), CLI-01-8, 53 NRC 225, 231 (2001); *Power Authority of the State of New York* (James A. FitzPatrick Nuclear Power Plant; Indian Point, Unit 3), CLI-00-22, 52 NRC 266, 292 (2000). In these decisions, the Commission established a procecdure for making confidential commercial information available to petitioners to intervene in which the applicant and petitioners may negotiate a confidentiality agreement or a proposed protective order. If no agreement can be reached, one or more individuals may move for issuance of a protective order. The draft access procedures also include time periods for submission of requests for access, for NRC staff determinations, for filing of contentions, and for challenges to appeal NRC staff access determinations. These periods are intended to minimize the potential for delay in the admission of contentions. 4 4 The final access procedures, a final rule delegating authority to issue Orders under the procedures to the Secretary of the Commission, and the NRC staff's response to public comments on the draft procedures were recently made available to the public in ADAMS (ML080380626, ML080380608, and ML080380633). This final rulemaking deals with interlocutory review (review permitted immediately rather than at the end of a proceeding) by the Commission of certain orders granting or denying access to SUNSI or SGI. The amendments to 10 CFR 2.311 recognize the potential role of access to information on the proposed licensing action by potential parties in determining whether to request a hearing or to intervene in a hearing or to support these requests. Extending the opportunity to seek interlocutory review by the Commission of orders relating to these requests should enhance both public involvement in NRC adjudicatory proceedings and the effectiveness and efficiency of these proceedings. II. Discussion Section 2.311 provides for “interlocutory” review by the Commission of orders issued by a presiding officer or Atomic Safety and Licensing Board 5 on requests for hearing or petitions to intervene and selection of hearing procedures. However, there is no comparable provision for interlocutory Commission review of orders relating to requests by potential parties for access to information described previously. To address this omission, the Commission is changing the rules of practice in 10 CFR Part 2 as described below. 5 The term “Atomic Safety and Licensing Board” will be deleted because the definition of “presiding officer” in 10 CFR 2.4 includes that term. The definitions in § 2.4 are modified to add a definition of *Potential party* as follows: *Potential party* means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing under 10 CFR Part 2, other than hearings conducted under Subparts J and M of 10 CFR Part 2. This definition does not rely on the definition of *Party* in § 2.1001 of Subpart J, applicable to a party in a proceeding for the issuance of licenses related to a high-level radioactive waste

(HLW)geologic repository. As stated in § 2.1001, the term Party is defined only for purposes of Subpart J of 10 CFR Part 2. 6 Similarly, the definition by its terms does not apply to a proceeding conducted under Subpart M (“Procedures for Hearings on License Transfer Applications”). 6 See the discussion in Section I of this document regarding the inapplicability of the interlocutory appeal process that is the subject of this final rule to the pending HLW PAPO proceeding or to any subsequent adjudication regarding the expected application by DOE for a construction authorization for a HLW repository. The revised § 2.311 allows potential parties (persons who may intend to request a hearing or petition for leave to intervene in a hearing) as well as the NRC staff, applicants, or licensees, to seek expedited review by the Commission of certain orders. Among these are orders relating to a request by potential parties for access to SUNSI and SGI. This amendment is necessary to provide an avenue for promptly obtaining Commission review of these determinations, some of which might ultimately result in denial of a request for a hearing or for leave to intervene for failure to meet the requirements for standing and admissibility of contentions. Specific changes to § 2.311 are discussed below. The rule amends 10 CFR 2.311(a) by making the following changes. In addition to deletion of the reference in paragraph

(a)to the Atomic Safety and Licensing Board, paragraph

(a)is further modified. First, language is added to include orders other than those issued by the presiding officer: e.g., if a presiding officer has not been designated, orders of the Chief Administrative Judge, or if he or she is unavailable, of another administrative judge, or of an administrative law judge with jurisdiction under § 2.318(a). This change recognizes that a presiding officer might not have been designated when a potential party is seeking interlocutory review by the Commission. Also, paragraph

(a)is divided into paragraphs (a)(1), (a)(2), and (a)(3), and a new paragraph

(b)is added. Paragraphs (a)(1) and (a)(2) retain orders on a request for hearing or petition to intervene as orders on which interlocutory review by the Commission may be sought. New paragraph (a)(3) adds to these categories an order relating to a request for access to SUNSI (including, but not limited to, proprietary, confidential commercial, and security-related information) and SGI. Access to this information could be deemed necessary by a potential party to determine whether to request a hearing or petition to intervene or to support such requests. This paragraph also adds language authorizing an appeal, in connection with such a request, of an order of an officer designated to rule on information access issues. This language is necessary because, as is contemplated by the access procedures discussed in Section I of this preamble and by the Commission's final rule in development concerning SGI, a judge may be specifically designated to adjudicate information access issues. The remainder of paragraph (a), addressing requirements relating to such matters as the initiation and filing of appeals, is redesignated as paragraph (b). In light of the above modifications, current paragraphs (b), (c), and

(d)are redesignated as paragraphs (c), (d), and (e), respectively. In redesignated paragraph (c), an order denying a request for access to the information described in paragraph (a), is included as an order appealable by the petitioner/requester on the question as to whether the request and/or petition should have been granted. Former paragraph (c), redesignated as paragraph (d), concerns appeals by a party other than the requester/petitioner. This paragraph is modified to address in paragraph (d)(1) appeals of orders granting a petition to intervene and/or hearing and in paragraph (d)(2), appeals of orders granting requests for access to information. The appealable issue in paragraph (d)(2) is whether the request for access should have been denied in whole or in part. Paragraph

(d)in the current rule is redesignated as paragraph

(e)but is otherwise unchanged. III. Analysis of Public Comments on the Proposed Rule The Commission received two comment letters on the proposed rule (72 FR 32018; June 11, 2007) one from the Nuclear Energy Institute

(NEI)and the other from Progress Energy. NEI supported the rule as proposed. Progress Energy suggested revisions to the Background section of the rule's Supplementary Information to make clear that a licensee or applicant may challenge an NRC staff grant of access to SUNSI or SGI. Progress Energy stated that the proposed rule provides for these appeals as a counterpart to the provision allowing access-requesters to challenge denials of these requests. Progress Energy stated that this approach is consistent with existing practices for the treatment of proprietary information in NRC adjudications. Progress Energy identified several specific places in the Background section where references should be added to clarify the appeal rights of applicants or licensees. In addition, the Commission received two comment letters on the related draft access procedures; one of these comments indirectly addressed the proposed rule. The commenter, a law firm that represents utilities, stated that an applicant or licensee should have an opportunity to have input concerning the propriety of providing SUNSI or SGI to the requesting party. The commenter referenced the proposed interlocutory review rule in stating that applicants and licensees (as well as the NRC staff) should have an opportunity to participate in challenges to access determinations. NRC Response The proposed rule provided that a party other than the access-requester may argue on appeal that the access request “should have been denied in whole or in part.” See, § 2.311(d)(2). The issue raised by the comments has prompted the Commission to reconsider the permissible scope of interlocutory appeals by parties other than those requesting access to SUNSI or SGI. The Commission agrees with the commenter's general point concerning the parallel appeal provisions for applicants/licensees with respect to disputes over proprietary information. In such circumstances, the applicant/licensee could be uniquely affected by improper disclosure and should have an opportunity to contest that access determination. However, because of the NRC staff obligation and strong interest in protecting SGI and because of the diverse types of information that may be designated as SUNSI, the Commission concludes that efficient resolution of information access issues would not be furthered by expediting appeals of favorable access determinations with respect to SGI or with respect to SUNSI in which the appealing party has no direct independent interest. A key purpose of the amended provision is to permit prompt Commission review of access determinations concerning information that potential parties may deem necessary to meet Commission hearing requirements. For SGI and for most types of SUNSI, the NRC staff's role and expertise in making access determinations (and appealing contrary presiding officer orders to the Commission, if necessary) will serve to protect the information from unnecessary disclosure. Accordingly, the NRC staff's opportunity to appeal favorable determinations generally does not need to be duplicated by appeals from other parties. However, the potential value of interlocutory appeals by parties other than the requester may justify the additional adjudication time and resources in circumstances when improper disclosure could harm those parties' independent interests. Therefore, under the final rule, interlocutory review of favorable information access rulings with respect to SGI may be sought only by the NRC staff or, with respect to SUNSI, by the NRC staff or by a party with a directly affected independent interest. As explained below, the Commission has limited and clarified the rule text and Supplementary Information in this document accordingly. A potential party requesting access to SUNSI must demonstrate a “need” for the requested information, while a potential party requesting access to SGI must demonstrate both a “need to know” the requested SGI and that the recipient of the information is “trustworthy and reliable.” The SGI trustworthiness and reliability determination is based on a background check (including fingerprinting as part of a criminal history records check). In NRC adjudications, making the initial need to know and trustworthiness and reliability determinations will generally be the responsibility of the NRC staff. Upon further consideration, the Commission concludes that the rule should not permit challenges by parties other than the NRC staff to grants of access to SGI held by the NRC staff. 7 First, with respect to an SGI requester's trustworthiness and reliability, the NRC staff and the SGI requester are the only potential parties who will have access to the results of the background check (including the criminal history records check) on which the trustworthiness and reliability determination is based. Therefore, it is unlikely that another potential party would have a relevant factual basis for challenging the soundness of the determination. Moreover, enabling such challenges could encourage frivolous “untrustworthiness/unreliability” claims solely intended to undermine an opposing party's credibility or delay the proceedings. Furthermore, given the NRC staff's robust obligation to ensure that dissemination of SGI is appropriately limited to trustworthy and reliable individuals and to those with a need to know, litigating these objections by other potential parties would be more likely to distract from resolution of the issues than to enhance protection of SGI. Accordingly, the final rule does not extend to appeals by non-requesters of favorable SGI access determinations. However, because of the NRC staff's responsibility for protecting SGI in NRC proceedings, appeals by the NRC staff will remain within the scope of the rule. 7 Similarly, the final access procedures do not address information possessed solely by a licensee or applicant. Similarly, with respect to SUNSI, the rule should not permit challenges to a favorable determination of “need” for information in which the challenging party has no direct interest independent of the adjudicatory proceeding. For most SUNSI, the NRC staff's regulatory responsibility for releasing the information only to those demonstrating need should provide sufficient assurance that favorable access determinations are sound. Accordingly, expending time and resources to hear third-party challenges (and subsequently permit expedited Commission review) concerning that information would not be justified. However, as indicated by the commenter, improper release of certain categories of SUNSI—namely proprietary information, privacy information, certain security-related information, or information controlled by other Government agencies—could have a direct impact on independent interests of other parties to the proceeding. For these types of information, it remains appropriate for such an affected party to be able to challenge a presiding officer determination that access be granted. For the above reasons, the Commission has modified proposed § 2.311(d)(2) to state that review is permitted on the question of “Whether the request for access to the information described in paragraph (a)(3) of this section should have been denied in whole or in part. However, such a question with respect to SGI may only be appealed by the NRC staff, and such a question with respect to SUNSI may be appealed only by the NRC staff or by a party whose interest independent of the proceeding would be harmed by the release of the information.” The Commission has also made a minor grammatical correction to the first sentence of § 2.311(d)—inserting the word “granting” before “a request for information” so that it is clearer that appeals under this section relate only to orders granting access to information. Finally, to emphasize that § 2.311(d)(2), not (d)(1), is the paragraph governing appeals of orders granting requests for access to SUNSI and SGI, the Commission has revised the text of § 2.311(d)(1) to refer to a “request for hearing or petition to intervene” rather than just a “request/petition.” IV. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. The NRC is permitting potential parties to seek interlocutory Commission review of orders denying a request for access to information for the preparation of contentions. This action does not constitute the establishment of a government-unique standard as defined in the Office of Management and Budget

(OMB)Circular A-119 (1998). V. Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation. VI. Paperwork Reduction Act Statement This proposed rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VII. Regulatory Analysis A regulatory analysis has not been prepared for this regulation because it applies to the procedures to be used in NRC adjudicatory proceedings and does not involve any provisions that would impose any economic burdens on licensees or the public. VIII. Regulatory Flexibility Certification Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule only governs procedural aspects to provide for expedited review by the Commission of orders on requests by potential parties for access to certain sensitive unclassified non-safeguards information (SUNSI) and Safeguards Information (SGI). IX. Backfit Analysis The NRC has determined that the backfit rules (§§ 50.109, 70.76, 72.62, or 76.76) do not apply to this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. X. Congressional Review Act Under the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Energy Policy Act of 2005, and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 2. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND FOR ISSUANCE OF ORDERS 1. The authority citation for part 2 continues to read as follows: Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Public Law 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Public Law 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Public Law 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Public Law 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Public Law 101-410, 104 Stat. 90, as amended by section 3100(s), Public Law 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Public Law 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Public Law 97—425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Public Law 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Public Law 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Public Law 91-550, 84 Stat. 1473 (42 U.S.C. 2135). 2. In § 2.4, a definition of *Potential party* is added in alphabetical order to read as follows: § 2.4 Definitions. *Potential party* means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing under 10 CFR part 2, other than hearings conducted under Subparts J and M of 10 CFR part 2. 3. Section 2.311 is revised to read as follows: § 2.311 Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.

(a)An order of the presiding officer, or if a presiding officer has not been designated, of the Chief Administrative Judge, or if he or she is unavailable, of another administrative judge, or of an administrative law judge with jurisdiction under § 2.318(a), may be appealed to the Commission with respect to:

(1)A request for hearing;

(2)A petition to intervene; or

(3)A request for access to sensitive unclassified non-safeguards information (SUNSI), including, but not limited to, proprietary, confidential commercial, and security-related information, and Safeguards Information (SGI). An appeal to the Commission may also be taken from an order of an officer designated to rule on information access issues.

(b)These appeals must be made as specified by the provisions of this section, within ten

(10)days after the service of the order. The appeal must be initiated by the filing of a notice of appeal and accompanying supporting brief. Any party who opposes the appeal may file a brief in opposition to the appeal within ten

(10)days after service of the appeal. The supporting brief and any answer must conform to the requirements of § 2.341(c)(2). No other appeals from rulings on requests for hearings are allowed.

(c)An order denying a petition to intervene, and/or request for hearing, or a request for access to the information described in paragraph

(a)of this section, is appealable by the requestor/petitioner on the question as to whether the request and/or petition should have been granted.

(d)An order granting a petition to intervene, and/or request for hearing, or granting a request for access to the information described in paragraph

(a)of this section, is appealable by a party other than the requestor/petitioner on the question as to:

(1)Whether the request for hearing or petition to intervene should have been wholly denied; or

(2)Whether the request for access to the information described in paragraph (a)(3) of this section should have been denied in whole or in part. However, such a question with respect to SGI may only be appealed by the NRC staff, and such a question with respect to SUNSI may be appealed only by the NRC staff or by a party whose interest independent of the proceeding would be harmed by the release of the information.

(e)An order selecting a hearing procedure may be appealed by any party on the question as to whether the selection of the particular hearing procedures was in clear contravention of the criteria set forth in § 2.310. The appeal must be filed with the Commission no later than ten

(10)days after issuance of the order selecting a hearing procedure. Dated at Rockville, Maryland, this 4th day of March 2008. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E8-4768 Filed 3-7-08; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30595; Amdt. No. 3258] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective March 10, 2008. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations listed in the regulations is approved by the Director of the **Federal Register** as of March 10, 2008. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169; or 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_or_federal_regulations/ibr_locations.html.* *Availability* —All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125), telephone:

(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the **Federal Register** expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the SIAPs, the associated Takeoff Minimums, and ODPs. This amendment also identifies the airport and its location, the procedure, and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center

(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided. Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure before adopting these SIAPs, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs effective in less than 30 days. Conclusion 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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on February 22, 2008. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under title 14, Code of Federal Regulations, part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: Effective 13 MAR 2008 Bishop CA, Eastern Sierra Rgnl, RNAV

(GPS)Y RWY 12, Orig Bishop CA, Eastern Sierra Rgnl, RNAV

(GPS)Z RWY 12, Orig Effective 10 APR 2008 Anniston, AL, Anniston Metropolitan, ILS OR LOC RWY 5, Amdt 2 Anniston, AL, Anniston Metropolitan, RNAV

(GPS)RWY 5, Orig Anniston, AL, Anniston Metropolitan, RNAV

(GPS)RWY 23, Orig Anniston, AL, Anniston Metropolitan, NDB RWY 5, Amdt 3 Anniston, AL, Anniston Metropolitan, Takeoff Minimums and Obstacle DP, Amdt 6 Dothan, AL, Dothan Regional, ILS OR LOC RWY 14, Orig Mobile, AL, Mobile Regional, Takeoff Minimums and Obstacle DP, Amdt 1 Palmer, AK, Palmer Muni, RNAV (GPS)-A, Orig Palmer, AK, Palmer Muni, RNAV

(GPS)RWY 9, Orig Palmer, AK, Palmer Muni, GPS-A, Orig CANCELLED Palmer, AK, Palmer Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Venetie, AK, Venetie, RNAV

(GPS)RWY 4, ORIG Venetie, AK, Venetie, RNAV

(GPS)RWY 22, ORIG Venetie, AK, Venetie, Takeoff Minimums and Obstacle DP, Orig Yakutat, AK, Yakutat, RNAV

(GPS)RWY 11, Amdt 1A Yukutat, AK, Yakutat, RNAV

(GPS)RWY 29, Amdt 2 Yukutat, AK, Yukutat, LOC/DME BC RWY 29, Amdt 5 Sedona, AZ, Sedona, Takeoff Minimums and Obstacle DP, Amdt 1 Alturas, CA, Alturas Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Fresno, CA, Fresno Yosemite Intl, ILS OR LOC/DME RWY 29R, ILS RWY 29R (CAT II), ILS RWY 29R (CAT III), Amdt 37 Los Angeles, CA, Los Angeles Intl, ILS OR LOC RWY 7L, Amdt 6B Los Angeles, CA, Los Angeles Intl, ILS OR LOC RWY 7R, Amdt 5A Palm Springs, CA, Palm Springs Intl, Takeoff Minimums and Obstacle DP, Amdt 5 Sacramento, CA, McClellan Airfield, Takeoff Minimums and Obstacle DP, Amdt 1 Santa Barbara, CA, Santa Barbara Muni, ILS OR LOC RWY 7, Amdt 5 Santa Barbara, CA, Santa Barbara Muni, RNAV

(GPS)RWY 7, Orig Cairo, GA, Cairo-Grady County, RNAV

(GPS)RWY 13, Orig Cairo, GA, Cairo-Grady County, RNAV

(GPS)RWY 31, Orig Cairo, GA, Cairo-Grady County, NDB RWY 13, Amdt 4 Cairo, GA, Cairo-Grady County, Takeoff Minimums and Obstacle DP, Amdt 2 Monroe, GA, Monroe-Walton County, Takeoff Minimums and Obstacle DP, Amdt 1 Council Bluffs, IA, Council Bluffs Muni, RNAV

(GPS)RWY 18, Orig Council Bluffs, IA, Council Bluffs Muni, RNAV

(GPS)RWY 36, Orig Council Bluffs, IA, Council Bluffs Muni, VOR-A, Amdt 5 Council Bluffs, IA, Council Bluffs Muni, Takeoff Minimums and Obstacle DP, Orig Rantoul, IL, Rantoul Natl Avn Cntr/Frank Elliott Fld, RNAV

(GPS)RWY 9, Amdt 1 Rantoul, IL, Rantoul Natl Avn Cntr/Frank Elliott Fld, RNAV

(GPS)RWY 27, Amdt 1 Rantoul, IL, Rantoul Natl Avn Cntr/Frank Elliott Fld, Takeoff Minimums and Obstacle DP, Orig Auburn, IN, Dekalb County, ILS OR LOC RWY 27, Amdt 1 French Lick, IN, French Lick Muni, RNAV

(GPS)RWY 8, Orig French Lick, IN, French Lick Muni, GPS RWY 8, Orig, CANCELLED French Lick, IN, French Lick Muni, Takeoff Minimums and Obstacle DP, Orig Lexington, KY, Blue Grass, VOR-A, Amdt 9A New Orleans, LA, Lakefront, ILS OR LOC RWY 18R, Orig New Orleans, LA, Lakefront, RNAV

(GPS)RWY 18R, Amdt 1 New Orleans, LA, Lakefront, VOR RWY 18R, Amdt 4A, CANCELLED Bangor, ME, Bangor Intl, Takeoff Minimums and Obstacle DP, Amdt 1 Ludington, MI, Mason County, RNAV

(GPS)RWY 8, Orig Ludington, MI, Mason County, RNAV

(GPS)RWY 26, Orig Ludington, MI, Mason County, GPS RWY 26, Orig-A, CANCELLED Romeo, MI, Romeo State, Takeoff Minimums and Obstacle DP, Amdt 4 International Falls, MN, Falls, Intl, ILS OR LOC/DME RWY 13, Amdt 1 International Falls, MN, Falls Intl, RNAV

(GPS)RWY 13, Orig International Falls, MN, Falls Intl, RNAV

(GPS)RWY 31, Orig International Falls, MN, Falls Intl, NDB RWY 31, Amdt 9 International Falls, MN, Falls Intl, VOR RWY 13, Amdt 14 International Falls, MN, Falls Intl, Takeoff Minimums and Obstacle DP, Amdt 3 Minneapolis, MN, Mineapolis-St Paul Int/Wold-Chamberlain, ILS OR LOC RWY 30R, Amdt 12 Minneapolis, MN, Mineapolis-St Paul Int/Wold-Chamberlain, COPTER ILS OR LOC RWY 30R, Amdt 1, CANCELLED Warroad, MN, Warroad Intl Memorial, RNAV

(GPS)RWY 13, Orig Warroad, MN, Warroad Intl Memorial, RNAV

(GPS)RWY 31, Orig Warroad, MN, Warroad Intl Memorial, NDB RWY 13, Amdt 2 Warroad, MN, Warroad Intl Memorial, Takeoff Minimums and Obstacle DP, Orig Columbia, MS, Columbia-Marion County, RNAV

(GPS)RWY 23, Orig Columbia, MS, Columbia-Marion County, VOR/DME OR GPS RWY 23, Amdt 4A, CANCELLED Fulton, MO, Elton Hensley Memorial, RNAV

(GPS)RWY 5, Orig Fulton, MO, Elton Hensley Memorial, RNAV

(GPS)RWY 23, Orig Fulton, MO, Elton Hensley Memorial, VOR/DME RNAV OR GPS RWY 5, Amdt 1, CANCELLED Fulton, MO, Elton Hensley Memorial, Takeoff Minimums and Obstacle DP, Orig Lamar, MO, Lamar Muni, RNAV

(GPS)RWY 3, Orig Lamar, MO, Lamar Muni, NDB RWY 3, Amdt 1 Lamar, MO, Lamar Muni, Takeoff Minimums and Obstacle DP, Orig Ozark, MO, Air Park South, VOR OR GPS RWY 17, Amdt 4B, CANCELLED Charlotte, NC, Charlotte/Douglas Intl, Takeoff Minimums and Obstacle DP, Amdt 3 Concord, NC, Concord Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2 Gastonia, NC, Gastonia Muni, Takeoff Minimums and Obstacle DP, Amdt 4 Fremont, NE, Fremont Muni, VOR RWY 14, Amdt 2 Fremont, NE, Fremont Muni, Takeoff Minimums and Obstacle DP, Amdt 5 Las Cruces, NM, Las Cruces Intl, ILS OR LOC RWY 30, Amdt 2A Cambridge, OH, Cambridge Muni, LOC/DME RWY 22, Amdt 1 Lancaster, OH, Fairfield County, RNAV

(GPS)RWY 10, Orig Lancaster, OH, Fairfield County, RNAV

(GPS)RWY 28, Orig Lancaster, OH, Fairfield County, VOR/DME RNAV OR GPS RWY 10, Amdt 10A, CANCELLED Lancaster, OH, Fairfield County, NDB OR GPS RWY 28, Amdt 8A, CANCELLED Marion, OH, Marion Muni, RNAV

(GPS)RWY 13, Orig Marion, OH, Marion Muni, NDB OR GPS RWY 13, Amdt 4B, CANCELLED Wadsworth, OH, Wadsworth Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Youngstown/Warren, OH, Youngstown-Warren Rgnl, ILS OR LOC RWY 14, Amdt 7 Youngstown/Warren, OH, Youngstown-Warren Rgnl, ILS OR LOC RWY 32, Amdt 26 Youngstown/Warren, OH, Youngstown-Warren Rgnl, NDB RWY 32, Amdt 19 Youngstown/Warren, OH, Youngstown-Warren Rgnl, RNAV

(GPS)RWY 14, Orig Youngstown/Warren, OH, Youngstown-Warren Rgnl, RNAV

(GPS)RWY 32, Orig El Reno, OK, El Reno Regional, GPS RWY 35, Orig, CANCELLED Dubois, PA, Dubois Rgnl, RNAV

(GPS)RWY 7, Orig-A Dubois, PA, Dubois Rgnl, VOR/DME RWY 7, Amdt 3A Dubois, PA, Dubois Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Newport, RI, Newport State, RNAV

(GPS)RWY 16, Orig Newport, RI, Newport State, VOR/DME RWY 16, Amdt 1 Rock Hill, SC, Rock Hill/York Co/Bryant Field, Takeoff Minimums and Obstacle DP, Orig Memphis, TN, Memphis Intl, Takeoff Minimums and Obstacle DP, Amdt 2 Union City, TN, Everett-Stewart Regional, Takeoff Minimums and Obstacle DP, Orig Austin, TX, Lakeway Airpark, Takeoff Minimums and Obstacle DP, Amdt 1 Graham, TX, Graham Muni, RNAV

(GPS)RWY 3, Orig Graham, TX, Graham Muni, RNAV

(GPS)RWY 21, Orig Graham, TX, Graham Muni, NDB OR GPS RWY 21, Amdt 2, CANCELLED Rutland, VT, Rutland State, LOC Y RWY 19, Amdt 2 Rutland, VT, Rutland State, LOC Z RWY 19, Orig Burlington, WI, Burlington Muni, RNAV

(GPS)RWY 29, Orig Burlington, WI, Burlington Muni, VOR RWY 29, Amdt 8 The FAA published an Amendment in Docket No. 30591, Amdt No. 3254 to Part 97 of the Federal Aviation Regulations (Vol 73, FR No. 27, Page 7462 dated Friday, February 08, 2008) under section 97.33, effective March 13, 2008 which is hereby rescinded: Las Cruces, NM, Las Cruces Intl, ILS OR LOC RWY 30, Amdt 2A [FR Doc. 08-933 Filed 3-7-08; 8:45 am]

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