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Federal Register / Vol. 72, No.

154 / Friday, August 10, 2007 / Rules and Regulations 44955

published in the Federal Register, and since it contains aircraft executing ACTION: Final rule.
a notice of proposed rulemaking may be instrument approach procedures to Fort
published with a new comment period. Scott Municipal Airport, KS. SUMMARY: This action will establish
Class E airspace at Beaver, UT.
Comments Invited List of Subjects in 14 CFR Part 71 Additional Class E airspace is necessary
Interested parties are invited to Airspace, Incorporation by reference, to accommodate aircraft using a new
participate in this rulemaking by Navigation (air). Area Navigation (RNAV) Global
submitting such written data, views, or Positioning System (GPS) Instrument
Adoption of the Amendment Approach Procedure (SIAP) at Beaver
arguments, as they may desire.
Comments that provide the factual basis ■ Accordingly, the Federal Aviation Municipal Airport. This will improve
supporting the views and suggestions Administration amends 14 CFR part 71 the safety of Instrument Flight Rules
presented are particularly helpful in as follows: (IFR) aircraft executing the new RNAV
developing reasoned regulatory GPS IAP at Beaver Municipal Airport,
decisions on the proposal. Comments PART 71—DESIGNATION OF CLASS A, Beaver, UT.
are specifically invited on the overall CLASS B, CLASS C, CLASS D, AND DATES: 0901 UTC, October 25, 2007. The
regulatory, aeronautical, economic, CLASS E AIRSPACE AREAS; ROUTES; Director of the Federal Register
environmental, and energy-related AND REPORTING POINTS approves this incorporation by reference
aspects of the proposal. ■ 1. The authority citation for part 71 action under 1 CFR part 51, subject to
Communications should identify both continues to read as follows: the annual revision of FAA Order 740.9
docket numbers and be submitted in and publication of conforming
triplicate to the address listed above. Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– amendments.
Commenter’s wishing the FAA to
1963 Comp.; p. 389. FOR FURTHER INFORMATION CONTACT: Ed
acknowledge receipt of their comments
on this notice must submit with those Haeseker, Federal Aviation
§ 71.1 [Amended] Administration, System Support Group,
comments a self-addressed, stamped
postcard on which the following ■ 2. The incorporation by reference in Western Service Area, 1601 Lind
statement is made: ‘‘Comments to 14 CFR 71.1 of Federal Aviation Avenue, SW., Renton, WA 98057;
Docket No FAA–2006–28771/Airspace Administration Order 7400.9P, dated telephone (425) 917–6714.
Docket No. 07–ACE–8.’’ The postcard September 1, 2006, and effective SUPPLEMENTARY INFORMATION:
will be date/time stamped and returned September 15, 2006, is amended as
History
to the commenter. follows:
Paragraph 6005 Class E airspace areas On February 23, 2007, the FAA
Agency Findings published in the Federal Register a
extending upward from 700 feet or more
The regulations adopted herein will above the surface of the earth. notice of proposed rulemaking to
not have a substantial direct effect on * * * * * establish Class E airspace at Beaver, UT,
the States, on the relationship between (72 FR 8136). This action would
the national Government and the States, ACE KS E5 Fort Scott, KS [Amended] improve the safety of IFR aircraft
or on the distribution of power and Fort Scott Municipal Airport, KS executing this new RNAV GPS approach
responsibilities among the various (Lat. 37°47′54″ N., long. 94°46′10″ W.) procedure at Beaver Municipal Airport,
levels of government. Therefore, it is Fort Scott NDB Beaver, UT. Interested parties were
(Lat. 37°47′40″ N., long. 94°45′55″ W.)
determined that this final rule does not invited to participate in this rulemaking
That airspace extending upward from 700 effort by submitting written comments
have federalism implications under
feet above the surface within a 7.0-mile
Executive Order 13132. radius of Fort Scott Municipal Airport and on the proposal to the FAA. No
The FAA has determined that this within 2.6 miles each side of the 350° bearing comments were received.
regulation is non-controversial and from Fort Scott NDB extending from the 7.0- Class E airspace designations are
unlikely to result in adverse or negative mile radius of the airport to 7 miles north of published in paragraph 6005 of FAA
comments. For the reasons discussed in the NDB. Order 7400.9P, dated September 1,
the preamble, I certify that this * * * * * 2006, and effective September 15, 2006,
regulation (1) is not a ‘‘significant Issued in Fort Worth, TX, on July 31, 2007. which is incorporated by reference in 14
regulatory action’’ under Executive CFR 71.1. The Class E airspace
Donald R. Smith,
Order 12866; (2) is not a ‘‘significant designation listed in this document will
Manager, System Support Group, ATO
rule’’ under Department of be published subsequently in this
Central Service Area.
Transportation (DOT) Regulatory Order.
[FR Doc. 07–3882 Filed 8–9–07; 8:45 am]
Policies and Procedures (44 FR 11034,
BILLING CODE 4910–13–M The Rule
February 26, 1979); and (3) if
promulgated, will not have a significant This action amends Title 14 Code of
economic impact, positive or negative, Federal Regulations (14 CFR) part 71 by
DEPARTMENT OF TRANSPORTATION establishing Class E airspace at Beaver,
on a substantial number of small entities
under the criteria of the Regulatory Federal Aviation Administration UT. Additional controlled airspace is
Flexibility Act. necessary to accommodate IFR aircraft
This rulemaking is promulgated 14 CFR Part 71 executing the new RNAV (GPS)
under the authority described in approach procedure at Beaver
Subtitle VII, Part A, Subpart I, Section [Docket No. FAA–2006–26364; Airspace Municipal Airport, Beaver, UT.
40103. Under that section, the FAA is Docket No. 06–ANM–12] The FAA has determined that this
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charged with prescribing regulations to regulation only involves an established


Establishment of Class E Airspace;
assign the use of the airspace necessary body of technical regulations for which
Beaver, UT
to ensure the safety of aircraft and the frequent and routine amendments are
efficient use of airspace. This regulation AGENCY:Federal Aviation necessary to keep them operationally
is within the scope of that authority Administration (FAA), DOT. current. Therefore, this regulation; (1) is

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44956 Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations

not a ‘‘significant regulatory action’’ Issued in Seattle, Washington, on April 26, you may fax them to the OSHA Docket
under Executive Order 12866; (2) is not 2007. Office at (202) 693–1648.
a ‘‘significant rule’’ under DOT Clark Desing, Mail, hand delivery, express mail,
Regulatory Policies and Procedures (44 Manager, System Support Group, Western messenger or courier service: You must
FR 11034; February 26, 1979); and (3) Service Center. submit three copies of your comments
does not warrant preparation of a [FR Doc. E7–15579 Filed 8–9–07; 8:45 am] and attachments to the OSHA Docket
regulatory evaluation as the anticipated BILLING CODE 4910–13–P Office, Docket No. OSHA–2007–0028,
impact is so minimal. Since this is a U.S. Department of Labor, Room N–
routine matter that will only affect air 2625, 200 Constitution Avenue, NW.,
traffic procedures and air navigation, it DEPARTMENT OF LABOR Washington, DC 20210. Deliveries
is certified that this rule, when (hand, express mail, messenger and
promulgated, would not have a Occupational Safety and Health courier service) are accepted during the
significant economic impact on a Administration Department of Labor’s and Docket
substantial number of small entities Office’s normal business hours, 8:15
under the criteria of the Regulatory 29 CFR Part 24 a.m.–4:45 p.m., e.t.
Flexibility Act. Instructions: All submissions must
[Docket Number: OSHA–2007–0028]
include the Agency name and the OSHA
List of Subjects in 14 CFR Part 71 RIN 1218–AC25 docket number for this rulemaking
Airspace, Incorporation by reference, (Docket No. OSHA–2007–0028).
Navigation (air). Procedures for the Handling of Submissions, including any personal
Retaliation Complaints Under the information you provide, are placed in
Adoption of the Amendment Employee Protection Provisions of Six the public docket without change and
■ In consideration of the foregoing, the Federal Environmental Statutes and may be made available online at http://
Federal Aviation Administration Section 211 of the Energy www.regulations.gov. Therefore, OSHA
amends 14 CFR part 71 as follows: Reorganization Act of 1974, as cautions you about submitting personal
Amended information such as social security
PART 71—DESIGNATION OF CLASS A, AGENCY: Occupational Safety and Health numbers and birth dates. For further
B, C, D, AND E AIRSPACE AREAS; AIR Administration, Labor. information on submitting comments
TRAFFIC SERVICE ROUTES; AND plus additional information on the
ACTION: Interim final rule; request for
REPORTING POINTS rulemaking process, see the ‘‘Public
comments.
■ 1. The authority citation for 14 CFR Participation’’ heading in the
SUMMARY: The Department of Labor SUPPLEMENTARY INFORMATION section of
part 71 continues to read as follows:
amends the regulations governing the this document.
Authority: 49 U.S.C. 106(g), 40103, 40113, employee protection (‘‘whistleblower’’) Docket: To read or download
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– submissions or other material in the
provisions of Section 211 of the Energy
1963 Comp., p. 389.
Reorganization Act of 1974, as amended docket, go to http://www.regulations.gov
§ 71.1 [Amended]. (‘‘ERA’’), to implement the statutory or the OSHA Docket Office at the
changes enacted into law on August 8, address above. All documents in the
■ 2. The incorporation by reference in docket are listed in the http://
2005, as part of the Energy Policy Act
14 CFR 71.1 of the Federal Aviation www.regulations.gov index; however,
of 2005. The regulations also make the
Administration Order 7400.9P, Airspace some information (e.g., copyrighted
procedures for handling retaliation
Designations and Reporting Points, material) is not publicly available to
complaints under Section 211 of the
dated September 1, 2006, and effective read or download through the Web site.
ERA and the environmental
September 15, 2006 is amended as All submissions, including copyrighted
whistleblower statutes listed in Part 24
follows: material, are available for inspection
as consistent as possible with the more
Paragraph 6005 Class E airspace areas recently promulgated procedures for and copying at the OSHA Docket Office.
extending upward from 700 feet or more handling retaliation complaints under FOR FURTHER INFORMATION CONTACT:
above the surface of the earth. other employee protection provisions Nilgun Tolek, Director, Office of
* * * * * administered by the Occupational Investigative Assistance, Occupational
ANM UT E5 Beaver, UT [New] Safety and Health Administration Safety and Health Administration, U.S.
(‘‘OSHA’’), see 29 CFR parts 1979–1981. Department of Labor, Room N–3610,
Beaver Municipal Airport, UT
(Lat. 38°13′51″ N., long. 112°40′31″ W.) DATES: This interim final rule is 200 Constitution Avenue, NW.,
Bryce Canyon VORTAC effective on August 10, 2007. Comments Washington, DC 20210; telephone (202)
(Lat. 37°41′21″ N., long. 112°18′14″ W.) and additional materials must be 693–2199. This is not a toll-free number.
That airspace extending upward from 700 submitted (postmarked, sent or The alternative formats available are
feet above the surface within a 5.0-mile received) by October 9, 2007. large print, electronic file on computer
radius of Beaver Municipal Airport and ADDRESSES: You may submit comments disk (Word Perfect, ASCII, Mates with
within 3 miles each side of the 261° bearing and additional materials by any of the Duxbury Braille System) and audiotape.
from the Airport extending from the 5.0-mile following methods: SUPPLEMENTARY INFORMATION:
radius to 14.0 miles west of the Airport, and
that airspace extending upward from 1,200
Electronically: You may submit
comments and attachments I. Background
feet above the surface beginning at lat.
38°19′24″ N., long. 113°30′00″ W.; thence east electronically at http:// The Energy Policy Act of 2005, Public
on V–244 to lat. 38°22′22″ N., long. www.regulations.gov, which is the Law 109–58, was enacted on August 8,
yshivers on PROD1PC62 with RULES

112°37′47″ W.; thence south on V–257 to Federal eRulemaking Portal. Follow the 2005. Among other provisions, this new
BRYCE CANYON VORTAC; thence west on instructions online for making law amended the employee protection
V–293 to lat. 37°56′30″ N., long. 113°00′00″ electronic submissions. provisions for nuclear whistleblowers
W.; to point of beginning. Fax: If your submissions, including under Section 211 of the ERA, 42 U.S.C.
* * * * * attachments, do not exceed 10 pages, 5851; the statutory amendments affect

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