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Federal Register / Vol. 73, No.

13 / Friday, January 18, 2008 / Proposed Rules 3431

List of Subjects in 14 CFR Part 71 Jackson County Airport, Walden CO. All communications received on or
Airspace, Incorporation by reference, Additional controlled airspace is before the specified closing date for
Navigation (air). necessary to accommodate aircraft using comments will be considered before
a new Area Navigation (RNAV) Global taking action on the proposed rule. The
The Proposed Amendment Positioning System (GPS) Standard proposal contained in this action may
Accordingly, pursuant to the Instrument Approach Procedure (SIAP) be changed in light of comments
authority delegated to me, the Federal at Walden-Jackson County Airport, received. All comments submitted will
Aviation Administration proposes to Walden, CO. The FAA is proposing this be available for examination in the
amend 14 CFR part 71 as follows: action to enhance the safety and public docket both before and after the
management of aircraft operations at closing date for comments. A report
PART 71—DESIGNATION OF CLASS A, Walden-Jackson County Airport, summarizing each substantive public
B, C, D, AND E AIRSPACE AREAS; AIR Walden, CO. contact with FAA personnel concerned
TRAFFIC SERVICE ROUTES; AND DATES: Comments must be received on
with this rulemaking will be filed in the
REPORTING POINTS or before March 3, 2008. docket.
1. The authority citation for 14 CFR ADDRESSES: Send comments on this Availability of NPRM’s
part 71 continues to read as follows: proposal to the U.S. Department of An electronic copy of this document
Authority: 49 U.S.C. 106(g), 40103, 40113, Transportation, Docket Operations, may be downloaded through the
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– M–30, West Building Ground Floor, Internet at http://www.regulations.gov.
1963 Comp., p. 389. Room W12–140, 1200 New Jersey Recently published rulemaking
Avenue, SE., Washington, DC 20590. documents can also be accessed through
§ 71.1 [Amended] Telephone (202) 366–9826. You must the FAA’s Web page at http://
2. The incorporation by reference in identify FAA Docket No. FAA–2007– www.faa.gov or the Federal Register’s
14 CFR 71.1 of the FAA Order 7400.9R, 0205; Airspace Docket No. 07–ANM–17, Web page at http://www.gpoaccess.gov/
Airspace Designations and Reporting at the beginning of your comments. You fr/index.html.
Points, signed August 15, 2007, and may also submit comments through the You may review the public docket
effective September 15, 2007 is Internet at http://www.regulations.gov. containing the proposal, any comments
amended as follows: FOR FURTHER INFORMATION CONTACT: received, and any final disposition in
Eldon Taylor, Federal Aviation person in the Dockets Office (see the
Paragraph 6005 Class E airspace areas ADDRESSES section for the address and
extending upward from 700 feet or more Administration, System Support Group,
Western Service Area, 1601 Lind phone number) between 9 a.m. and 5
above the surface of the earth.
Avenue, SW., Renton, WA 98057; p.m., Monday through Friday, except
* * * * * federal holidays. An informal docket
telephone (425) 203–4537.
ANM CO, E5 Pagosa Springs, CO [New] may also be examined during normal
SUPPLEMENTARY INFORMATION:
Stevens Field, Pagosa Springs, CO business hours at the Northwest
(Lat. 37°17′11″ N., long. 107°3′22″ W.) Comments Invited Mountain Regional Office of the Federal
That airspace extending upward from 700 Aviation Administration, Air Traffic
Interested parties are invited to
feet above the surface within a 10.0 mile Organization, Western Service Area,
participate in this proposed rulemaking
radius of Stevens Field and within 8.0 miles System Support Group, 1601 Lind
by submitting such written data, views,
each side of the 169° bearing from the Airport Avenue, SW., Renton, WA 98057.
extending from the 10.0 mile radius to 25.0 or arguments, as they may desire. Persons interested in being placed on
miles south of the Airport. Comments that provide the factual basis a mailing list for future NPRM’s should
supporting the views and suggestions contact the FAA’s Office of Rulemaking,
* * * * *
presented are particularly helpful in (202) 267–9677, for a copy of Advisory
Issued in Seattle, Washington, on developing reasoned regulatory
December 21, 2007. Circular No. 11–2A, Notice of Proposed
decisions on the proposal. Comments Rulemaking Distribution System, which
Clark Desing, are specifically invited on the overall
Manager, System Support Group, Western
describes the application procedure.
regulatory, aeronautical, economic,
Service Area. environmental, and energy-related The Proposal
[FR Doc. E8–850 Filed 1–17–08; 8:45 am] aspects of the proposal. The FAA is proposing an amendment
BILLING CODE 4910–13–P Communications should identify both to Title 14 Code of Federal Regulations
docket numbers (FAA Docket No. FAA (14 CFR) part 71 by establishing Class E
2007–0205 and Airspace Docket No. 07– airspace at Walden-Jackson County
DEPARTMENT OF TRANSPORTATION ANM–17) and be submitted in triplicate Airport, Walden, CO. Controlled
to the Docket Management System (see airspace is necessary to accommodate
Federal Aviation Administration
ADDRESSES section for address and aircraft using the new RNAV (GPS)
phone number). You may also submit SIAP at Walden-Jackson County Airport,
14 CFR Part 71
comments through the Internet at Walden, CO. This action would enhance
[Docket No. FAA–2007–0205; Airspace http://www.regulations.gov. the safety and management of aircraft
Docket No. 07–ANM–17] Commenters wishing the FAA to operations at Walden-Jackson County
acknowledge receipt of their comments Airport, Walden, CO.
Proposed Establishment of Class E on this action must submit with those Class E airspace designations are
Airspace; Walden, CO comments a self-addressed stamped published in paragraph 6005 of FAA
rfrederick on PROD1PC67 with PROPOSALS

AGENCY: Federal Aviation postcard on which the following Order 7400.9R, signed August 15, 2007,
Administration (FAA), DOT. statement is made: ‘‘Comments to FAA and effective September 15, 2007, which
ACTION: Notice of proposed rulemaking. Docket No. FAA–2007–0205 and is incorporated by reference in 14 CFR
Airspace Docket No. 07–ANM–17’’. The 71.1. The Class E airspace designation
SUMMARY: This action proposes to postcard will be date/time stamped and listed in this document will be
establish Class E airspace at Walden- returned to the commenter. published subsequently in this Order.

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3432 Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Proposed Rules

The FAA has determined that this effective September 15, 2007 is meet the CMEA mandate to establish
proposed regulation only involves an amended as follows: annual need and import quotas, and
established body of technical Paragraph 6005 Class E airspace areas
then issue individual quotas for each of
regulations for which frequent and extending upward from 700 feet or more the chemicals unless all manufacturers
routine amendments are necessary to above the surface of the earth. manufacturing or procuring the
keep them operationally current. chemicals and manufacturing drug
* * * * *
Therefore, this proposed regulation; (1) products that contain the chemicals are
is not a ‘‘significant regulatory action’’ ANM CO, E5 Walden, CO [New] registered as manufacturers, even if the
under Executive Order 12866; (2) is not Walden-Jackson County Airport, CO distribution of the final drug products is
a ‘‘significant rule’’ under DOT (Lat. 40°45′0″ N., long. 106°16′17″ W.) not regulated. DEA also must know the
Regulatory Policies and Procedures (44 That airspace extending upward from 700 quantity of prescription drug products
FR 11034; February 26, 1979); and (3) feet above the surface within a 5-mile radius containing the three chemicals being
does not warrant preparation of a of Walden-Jackson County Airport, and imported. Without this information,
regulatory evaluation as the anticipated within 4 miles each side of the 342° bearing DEA would not be able to determine an
impact is so minimal. Since this is a from the airport extending from the 5-mile assessment of annual need for these
routine matter that will only affect air radius to V524 northwest of the airport. chemicals. Any person importing
traffic procedures and air navigation, it * * * * * prescription drug products containing
is certified that this proposed rule, Issued in Seattle, Washington, on January any of the three chemicals must register
when promulgated, would not have a 3, 2008. although the distribution of these
significant economic impact on a Clark Desing, products would not be subject to DEA
substantial number of small entities Manager, System Support Group, Western regulation.
under the criteria of the Regulatory Service Area. Second, persons currently registered
Flexibility Act. [FR Doc. E8–844 Filed 1–17–08; 8:45 am] to import, distribute, or dispense
The FAA’s authority to issue rules controlled substances who manufacture
BILLING CODE 4910–13–P
regarding aviation safety is found in drug products using ephedrine,
Title 49 of the U.S. Code. Subtitle 1, pseudoephedrine, or
Section 106, describes the authority for phenylpropanolamine, are not
the FAA Administrator. Subtitle VII, DEPARTMENT OF JUSTICE necessarily registered to do so. This
Aviation Programs, describes in more Drug Enforcement Administration must also be changed so that controlled
detail the scope of the agency’s substance registrants will only receive a
authority. This rulemaking is waiver from the requirement of separate
21 CFR Part 1309
promulgated under the authority chemical registration if they engage in
described in Subtitle VII, Part A, [Docket No. DEA–294P] the same activity for both lawfully
Subpart I, Section 40103. Under that RIN 1117–AB09 marketed drug products containing List
section, the FAA is charged with I chemicals and controlled substances
prescribing regulations to assign the use Registration Requirements for (as is already the case for bulk
of the airspace necessary to ensure the Importers and Manufacturers of manufacture, imports, and exports.) In
safety of aircraft and the efficient use of Prescription Drug Products Containing this way, any registrant that must obtain
airspace. This regulation is within the Ephedrine, Pseudoephedrine, or a quota to manufacture or procure one
scope of that authority as it establishes Phenylpropanolamine or more of the chemicals will be a
additional controlled airspace at registered manufacturer, as required by
Walden-Jackson County Airport, AGENCY: Drug Enforcement the CSA.
Walden, CO. Administration (DEA), Justice. Were DEA not to issue this rule, it
ACTION: Notice of proposed rulemaking. would have no mechanism to issue
List of Subjects in 14 CFR Part 71 production or import quotas for persons
Airspace, Incorporation by reference, SUMMARY: The Combat handling prescription drug products
Navigation (air). Methamphetamine Epidemic Act of containing ephedrine, pseudoephedrine,
2005 (CMEA), which was enacted on or phenylpropanolamine. If these
The Proposed Amendment March 9, 2006, requires DEA to persons were not required to register,
Accordingly, pursuant to the establish an assessment of annual need there would be no mechanism by which
authority delegated to me, the Federal for the importation and manufacture of they would be permitted to apply for
Aviation Administration proposes to ephedrine, pseudoephedrine, and production or import quotas. Therefore,
amend 14 CFR part 71 as follows: phenylpropanolamine. Because of the these persons would have no means by
new CMEA mandates for importation, which to acquire the List I chemicals
PART 71—DESIGNATION OF CLASS A, import quotas, and production quotas ephedrine, pseudoephedrine, or
B, C, D, AND E AIRSPACE AREAS; AIR for these chemicals, DEA must revise its phenylpropanolamine necessary for
TRAFFIC SERVICE ROUTES; AND registration provisions. The changes them to conduct business.
REPORTING POINTS made by the CMEA render current DEA Accordingly, DEA is proposing to
1. The authority citation for 14 CFR regulations inadequate for two reasons. amend its registration regulations to
part 71 continues to read as follows: First, although DEA registers bulk ensure that every location that
manufacturers of the three chemicals in manufactures or imports one of these
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
the United States and importers of the chemicals or drug products that contain
bulk chemicals, some of those chemicals ephedrine, pseudoephedrine, or
rfrederick on PROD1PC67 with PROPOSALS

1963 Comp., p. 389.


are distributed to non-registered phenylpropanolamine is a DEA
§ 71.1 [Amended] companies that process them into registered manufacturer or importer.
2. The incorporation by reference in prescription drugs. Under the These amendments will make it
14 CFR 71.1 of the FAA Order 7400.9R, Controlled Substances Act, section 826, possible to establish the system of
Airspace Designations and Reporting production quotas are available only to quotas and assessment of annual needs
Points, signed August 15, 2007, and registered manufacturers. DEA cannot for the manufacturing that Congress

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