This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

35349 

Vol. 72, No. 124 

Thursday, June 28, 2007 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

2 CFR Part 376 

45 CFR Parts 74 and 76 

Implementation of the Office of OMB 

Guidance on Nonprocurement 

Debarment and Suspension 

AGENCY: Department of Health and 

Human Services. 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (‘‘HHS’’ or the 

‘‘Department’’) adopted, by an interim 

final rule, the Office of Management and 

Budget (OMB) guidance at 2 CFR part 

180 on nonprocurement debarment and 

suspension including some provisions 

specific to HHS. Public comment on this 

action was solicited in a Federal 

Register notice dated March 1, 2007. No 

comments were received; therefore, the 

Department makes no changes to its 

interim final rule and it remains in 

effect as of March 1, 2007. Pursuant to 

the requirements in OMB guidance, 

HHS makes final the following 

regulatory actions: Removes its existing 

regulation on nonprocurement 

debarment at 45 CFR part 76, establishes 

a new part 376 in title 2 Code of Federal 

Regulations (CFR) adopting OMB’s 

guidance and adding provisions specific 

to HHS, and revises the reference in 45 

CFR 74.13 to reflect the new citation to 

2 CFR part 376. 

DATES: Effective June 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Weisman, Office of Grants 

Policy, Oversight and Evaluation, U.S. 

Department of Health and Human 

Services, at (202) 260–4573, or e-mail 

her at Nancy.Weisman@hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Procedural Review Requirements 

A. Executive Order 12866, Regulatory 

Planning and Review 

HHS has determined that 2 CFR part 

376 is not a significant regulatory 

action. 

B. Regulatory Flexibility Act 

HHS certifies this rulemaking will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act [5 

U.S.C. 605(b)]. Therefore, no regulatory 

flexibility statement has been prepared. 

Since this rule relocates existing HHS 

nonprocurement and debarment 

policies or procedures and does not 

promulgate any new policies and 

procedures that would impact the 

public, it has been determined that this 

rule will not have a significant 

economic effect on a substantial number 

of small entities, and, thus, a regulatory 

flexibility analysis was not performed. 

C. Unfunded Mandates Reform Act 

HHS has determined that 2 CFR 376 

does not contain a Federal mandate 

under 2 U.S.C. 1501(7) that may result 

in the expenditure by State, local and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 35, does not apply because the 

issuance of 2 CFR part 376 does not 

impose any new reporting or 

recordkeeping requirements that require 

approval by OMB. 

E. Executive Order 13132, Federalism 

This regulation does not have 

federalism implications, as set forth in 

Executive Order 13132. This regulation 

does not have substantial direct effects 

on the states, the relationship between 

the Federal government and the states, 

or the distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects 

2 CFR Part 376 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

45 CFR Part 74 

Accounting, Colleges and universities, 

Grant programs, Hospitals, Indians, 

Intergovernmental relations, Nonprofit 

organizations, Reporting and 

recordkeeping requirements. 

45 CFR Part 76 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

Dated: June 18, 2007. 

Michael O. Leavitt, 

Secretary. 

■ Accordingly, under the authority of 5 

U.S.C. 301; 31 U.S.C. 6101 (note); E.O. 

12689 (3 CFR, 1989 Comp., p. 235); E.O. 

12549 (3 CFR, 1986 Comp., p. 189); E.O. 

11738 (3 CFR, 1973 Comp., p. 799), the 

interim rule amending 2 CFR part 376 

and 45 CFR parts 74 and 76 which was 

published at 72 FR 9233 on March 1, 

2007, is adopted as a final rule without 

change. 

[FR Doc. E7–12225 Filed 6–27–07; 8:45 am] 

BILLING CODE 4150–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–28298; Airspace 

Docket No. 07–ASO–10] 

Amendment of Class D Airspace; 

Valdosta, Moody AFB, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

airspace at Valdosta, Moody AFB, GA. 

The Air Education Training Command 

(AETC) T–6 mission at Moody AFB has 

been eliminated. Therefore, the 

requirement for a 7-mile radius of 

Moody AFB is no longer required. The 

Moody AFB Class D airspace is 

amended to airspace upward from the 

surface up to and including 2,700 MSL 

within a 5-mile radius of the airport. 

DATES: Effective Date: 0901 UTC, August 

30, 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 


rfrederick on PROD1PC67 with RULES
35350 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Rules and Regulations 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Group Manager, System 

Support, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5581. 

SUPPLEMENTARY INFORMATION: 

History 

In July 2001, the Moody AFB Class D 

airspace was expanded from a 5-mile 

radius to a 7-mile radius of the airport 

to support the Air Education Training 

Command (AETC) T–6 mission at 

Moody AFB to protect the longer and 

wider patterns required for this training 

mission. The Base Realignment and 

Closure (BRAC) Commission actions in 

2005 has now eliminated the T–6 

mission at Moody AFB. The 7-mile 

radius Class D airspace area is no longer 

required. On May 29, 2007, the U.S. Air 

Force requested the Valdosta Moody 

AFB, GA, Class D airspace to be reduced 

in size to a 5-mile radius of the airport. 

This rule becomes effective on the date 

specified in the ‘‘Effective Date’’ section. 

Since this action eliminates the impact 

of controlled airspace on users of 

airspace in the vicinity of Valdosta, 

Moody AFB, GA, notice and public 

procedure under 5 U.S.C. 553(b) are not 

necessary. Designations for Class D 

airspace areas extending upward from 

the surface of the earth are published in 

paragraph 5000 of FAA Order 7400.9P, 

dated September 01, 2006, and effective 

September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Part 71 of the 

Federal Aviation Regulations (14 CFR 

Part 71) amends Class D airspace at 

Valdosta, Moody AFB, GA. 

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. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule 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 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, 

CLASS B, CLASS C, CLASS D AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

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

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO GA D Valdosta Moody AFB, GA 

[REVISED] 

Valdosta, Moody AFB, GA 

(Lat. 30°58′04′′ N, long. 83°11′35′′ W) 

That airspace extending upward from the 

surface, to and including 2,700 feet MSL, 

within a 5-mile radius of Moody AFB. This 

Class D airspace area is effective during the 

specific days and times established in 

advance by a Notice to Airmen. The effective 

days and times will thereafter be 

continuously published in the Airport/ 

Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on June 1, 

2007. 

Barry A. Knight, 

Acting Group Manager, System Support 

Group Eastern Service Center. 

[FR Doc. 07–3129 Filed 6–27–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–07–082] 

RIN 1625–AA00 

Safety Zone: Westport PAL Fireworks, 

Westport, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the Westport PAL Fireworks in 

Westport, CT. The safety zone is 

necessary to protect the life and 

property of the maritime community 

from the hazards posed by the fireworks 

display. Entry into or movement within 

this safety zone during the enforcement 

period is prohibited without approval of 

the Captain of the Port, Long Island 

Sound. 

DATES: This rule is effective from 8:15 

p.m. on July 3, 2007 until 11:15 p.m. on 

July 5, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket CGD01–07–

082 and will be available for inspection 

or copying at Sector Long Island Sound, 

New Haven, CT, between 9 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant D. Miller, Chief, Waterways 

Management Division, Coast Guard 

Sector Long Island Sound at (203) 468–

4596. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The Coast 

Guard did not receive an Application 

for Approval of Marine Event for this 

event with sufficient time to implement 

a NPRM, thereby making an NPRM 

impracticable. A delay or cancellation of 

the fireworks in order to accommodate 

a full notice and comment period would 

be contrary to public interest. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Any delay encountered in this 

regulation’s effective date would be 

impracticable and contrary to public 

interest since immediate action is 


rfrederick on PROD1PC67 with RULES