Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Rules and Regulations 36345 

access to any premises where applicable 

records are maintained, where dairy 

products are produced or stored, and at 

any time during reasonable business 

hours shall be permitted to inspect such 

manufacturer or person, and any 

original contracts, agreements, receipts, 

and other records associated with the 

sale or storage of any dairy products. 

§ 1170.13 Noncompliance procedures. 

(a) When the Secretary becomes aware 

that a manufacturer or person may have 

willfully delayed reporting of, or failed 

or refused to provide, accurate 

information pursuant to this part, the 

Secretary may issue a cease and desist 

order. 

(b) Prior to the issuance of a cease and 

desist order, the Secretary shall provide 

notice and an opportunity for an 

informal hearing regarding the matter to 

the manufacturer or person involved. 

(c) The notice shall contain the 

following information: 

(1) That the issuance of a cease and 

desist order is being considered; 

(2) The reasons for the proposed cease 

and desist order in terms sufficient to 

put the person on notice of the conduct 

or lack thereof upon which the notice is 

based; 

(3) That within 30 days after receipt 

of the notice, the manufacturer or 

person may submit, in person, in 

writing, or through a representative, 

information and argument in opposition 

to the proposed cease and desist order; 

and 

(4) That if no response to the notice 

is received within the 30 days after 

receipt of the notice, that a cease and 

desist order may be issued immediately. 

(d) If a manufacturer or person 

submits information or requests a 

hearing, the hearing should be held at 

a location and time that is convenient to 

the parties concerned, if possible. The 

hearing will be held before the Deputy 

Administrator, Dairy Programs, 

Agricultural Marketing Service, or a 

designee. The manufacturer or person 

may be represented. Witnesses may be 

called by either party. 

(e) The Deputy Administrator, Dairy 

Programs, Agricultural Marketing 

Service, or a designee will make a 

decision on the basis of all the 

information in the administrative 

record, including any submission made 

by the manufacturer or person. The 

decision of whether a cease and desist 

order should be issued shall be made 

within 30 days after receipt of any 

information and argument submitted by 

the manufacturer or person. The cease 

and desist order shall be final unless the 

affected manufacturer or person 

requests a reconsideration of the order 

to the Administrator, Agricultural 

Marketing Service, within 30 days after 

the date of the issuance of the order. 

§ 1170.14 Appeals. 

If the cease and desist order is 

confirmed by the Administrator, 

Agricultural Marketing Service, the 

manufacturer or person may appeal the 

order in the appropriate United States 

District Court not later than 30 days 

after the date of the confirmation of the 

order. 

§ 1170.15 Enforcement. 

(a) If a person subject to the Dairy 

Product Mandatory Reporting program 

fails to obey a cease and desist order 

after the order has become final and 

unappealable, or after the appropriate 

United States district court has entered 

a final judgment in favor of the 

Administrator, Agricultural Marketing 

Service, the United States may apply to 

the appropriate United States district 

court for enforcement of the order. 

(b) If the court determines that the 

cease and desist order was lawfully 

made and duly served and that the 

manufacturer or person violated the 

order, the court shall enforce the order. 

(c) If the court finds that the 

manufacturer or person violated the 

cease and desist order, the manufacturer 

or person shall be subject to a civil 

penalty of not more than $10,000 for 

each offense. 

Exemptions 

§ 1170.16 Exemptions. 

Any manufacturer that processes and 

markets less than 1 million pounds of 

dairy products per calendar year is 

exempt from these regulations. 

Dated: June 28, 2007. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–3235 Filed 6–28–07; 3:15 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA 2007–28010, Airspace 

Docket No. 07–ANE–91] 

Establishment of Class E Airspace; 

Dean Memorial Airport, NH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation 

of effective date. 

SUMMARY: This action confirms the 

effective date of a direct final rule that 

establishes a Class E airspace area at 

Dean Memorial Airport, Haverhill, NH 

(K5B9) to provide for adequate 

controlled airspace for those aircraft 

using the new Area Navigation (RNAV) 

Instrument Approach Procedure to the 

Airport. 

DATES: Effective 0901 UTC, July 5, 2007. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Manager, System 

Support, AJO2–E2, FAA Eastern Service 

Center, 1701 Columbia Ave., College 

Park, GA 30337; telephone (404) 305–

5570; fax (404) 305–5099. 

SUPPLEMENTARY INFORMATION: 

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments in the 

Federal Register on May 8, 2007 (72 FR 

25964). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

July 5, 2007. No adverse comments were 

received, and thus this notice confirms 

that this direct final rule will become 

effective on that date. 

Issued in College Park, GA on June 7, 2007. 

Mark D. Ward, 

Group Manager, System Support Group, 

AJO2–E2 Eastern Service Center. 

[FR Doc. 07–3202 Filed 07–2–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA 2007–27512, Airspace 

Docket No. 07–AEA–01] 

Establishment of Class E Airspace; 

Front Royal-Warren County, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


sroberts on PROD1PC70 with RULES
36346 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Rules and Regulations 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action establishes a Class 

E airspace area at Front Royal-Warren 

County Airport, Front Royal, VA (KFFR) 

to provide for adequate controlled 

airspace for those aircraft using the new 

Area Navigation (RNAV) Instrument 

Approach Procedure to the Airport. 

DATES: Effective 0901 UTC, July 5, 2007. 

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 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Manager, System 

Support, AJ02–E2, FAA Eastern Service 

Center, 1701 Columbia Ave., College 

Park, GA 30337; telephone (404) 305–

5570; fax (404) 305–5099. 

SUPPLEMENTARY INFORMATION: 

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments in the 

Federal Register on May 9, 2007 (72 FR 

26287–26288). The FAA uses the direct 

final rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

July 5, 2007. No adverse comments were 

received, and thus this notice confirms 

that this direct final rule will become 

effective on that date. 

Issued in College Park, GA on June 7, 2007. 

Mark D. Ward, 

Group Manager, System Support Group, 

AJO2–E2, Eastern Service Center. 

[FR Doc. 07–3201 Filed 7–2–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–28477; Airspace 

Docket No. 07–ASW–4] 

RIN 2120–AA66 

Revision of Area Navigation Route Q–

22; South Central United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises area 

navigation (RNAV) route Q–22 over the 

South Central United States by changing 

a waypoint name to eliminate confusion 

with similar sounding waypoints in 

close proximity to each other. The FAA 

is taking this action to enhance safety 

and to improve the efficient use of the 

navigable airspace. 

DATES: Effective Date: 0901 UTC, August 

30, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Steve Rohring, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 15, 2005, the FAA 

published in the Federal Register a final 

rule to establish three RNAV routes (Q–

20, Q–22, and Q–24) over the 

Southwestern and South Central United 

States in support of the High Altitude 

Redesign program (70 FR 74197). 

Subsequent to the establishment of Q–

22, it was determined that the waypoint, 

RUBAE, sounded similar to another 

existing waypoint in the area. To 

eliminate confusion that may result 

from similar sounding waypoints, the 

FAA is taking action by changing the 

waypoint name ‘‘RUBAE’’ to ‘‘ACMES.’’

High Altitude RNAV routes are 

published in paragraph 2006 of FAA 

Order 7400.9P, dated September 1, 2006 

and effective September 15, 2006, which 

is incorporated by reference in 14 CFR 

71.1. The high altitude RNAV routes 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising RNAV route Q–22 over the 

South Central United States within the 

airspace assigned to the Fort Worth Air 

Route Traffic Control Center (ARTCC). 

The FAA believes that this action will 

enhance safety for en route instrument 

flight rules operations within the Fort 

Worth ARTCC’s areas of responsibility. 

This action merely changes a waypoint 

name in the legal description and makes 

no geographical changes to Q–22. 

Therefore, notice and public procedure 

under 5 U.S.C. 553(b) are unnecessary. 

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. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 

Paragraphs 311(a) and 311(g) of FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures. This airspace 

action is not expected to cause any 

potentially significant impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9P, 

Airspace Designations and Reporting 

Points, dated September 1, 2006 and 

effective September 15, 2006, is 

amended as follows: 

Paragraph 2006 Area Navigation Routes. 

* * * * * 


sroberts on PROD1PC70 with RULES