Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations 47709 

each nonimmigrant alien intending to 

travel to the United States by air or sea 

under the VWP must provide the data 

elements set forth in paragraph (c) of 

this section to CBP, in English, in the 

manner specified herein, and must pay 

a fee as described in paragraph (h) of 

this section. 

* * * * * 

(h) Fee. (1) Until September 30, 2015, 

the fee for an approved ESTA is $14.00, 

which is the sum of two amounts: a $10 

travel promotion fee to fund the 

Corporation for Travel Promotion and a 

$4.00 operational fee to at least ensure 

recovery of the full costs of providing 

and administering the system. In the 

event the ESTA application is denied, 

the fee is $4.00 to cover the operational 

costs. 

(2) Beginning October 1, 2015, the fee 

for using ESTA is an operational fee of 

$4.00 to at least ensure recovery of the 

full costs of providing and 

administering the system. ESTA 

applicants must pay the ESTA fee 

through the Treasury Department’s 

Pay.gov financial management system. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–19700 Filed 8–6–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0709; Airspace 

Docket No. 09–AGL–28] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–8, V–14, V–38, V–47, V–279, and V– 

422 in the Vicinity of Findlay, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the legal 

description of the VHF Omnidirectional 

Range (VOR) Federal Airways V–8, V– 

14, V–38, V–47, V–279, and V–422 in 

the vicinity of Findlay, OH. The FAA is 

taking this action because the Findlay 

VHF Omnidirectional Range/Tactical 

Air Navigation (VORTAC), included as 

part of the V–8, V–14, V–38, V–47, V– 

279, and V–422 route structure, is being 

renamed the Flag City VORTAC. 

DATES: Effective Date: 0901 UTC, 

November 18, 2010. 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: 

Colby Abbott, 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: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending the legal description of six 

VOR Federal Airways in the vicinity of 

Findlay, OH. Currently, V–8, V–14, V– 

38, V–47, V–279, and V–422 have 

Findlay, OH, [VORTAC] included as 

part of their route structure. The Findlay 

VORTAC and the Findlay Airport share 

the same name and facility identifier 

(FDY), but are not co-located and are 

greater than 5 nautical miles apart. To 

eliminate the possibility of confusion, 

and a potential flight safety issue, the 

Findlay VORTAC will be renamed the 

Flag City VORTAC and assigned a new 

facility identifier (FBC). All VOR 

Federal Airways with Findlay, OH, 

[VORTAC] included in their legal 

description will be amended to reflect 

the Flag City, OH, [VORTAC] name 

change. The name change of the 

VORTAC will coincide with the 

effective date of this rulemaking action. 

Additionally, this action makes 

administrative corrections to the V–8 

and V–14 legal descriptions. 

Specifically, the V–8 description is 

amended to reflect the termination point 

‘‘DC’’ as ‘‘Washington, DC’’, and the V– 

14 description is amended to reflect the 

navigation aid ‘‘DRYER’’ as ‘‘Dryer’’. 

These administrative corrections have 

no operational impact to the existing 

airways. 

Since this action merely involves 

editorial changes in the legal 

descriptions of VOR Federal Airways, 

and does not involve a change in the 

dimensions or operating requirements of 

that airspace, notice and public 

procedures 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 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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends the legal description of six 

VOR Federal Airways in the vicinity of 

Findlay, OH. 

Domestic VOR Federal Airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The domestic VOR Federal 

Airways listed in this document will be 

published subsequently in the Order. 

Environmental Review 

There are no changes to the lateral 

limits. Therefore, the FAA has 

determined that this action is not 

subject to environmental assessments 

and procedures in accordance with FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts, 

and the National Environmental Policy 

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, 

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

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

1963 Comp., p. 389. 


sroberts on DSKD5P82C1PROD with RULES
47710 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–8 [Amended] 

From INT Seal Beach, CA, 266° and 

Ventura, CA, 144° radials; Seal Beach; 

Paradise, CA; 35 miles, 7 miles wide (3 miles 

SE and 4 miles NW of centerline) Hector, CA; 

Goffs, CA; INT Goffs 033° and Morman Mesa, 

NV, 196° radials; Morman Mesa; Bryce 

Canyon, UT; Hanksville, UT; Grand Junction, 

CO; Kremmling, CO; Mile High, CO; Akron, 

CO; Hayes Center, NE; Grand Island, NE; 

Omaha, NE; Des Moines, IA; Iowa City, IA; 

Moline, IL; Joliet, IL; Chicago Heights, IL; 

Goshen, IN; Flag City, OH; Mansfield, OH; 

Briggs, OH; Bellaire, OH; INT Bellaire 107° 

and Grantsville, MD, 285° radials; 

Grantsville; Martinsburg, WV; to Washington, 

DC. The portion outside the United States 

has no upper limit. 

* * * * * 

V–14 [Amended] 

From Chisum, NM; Lubbock, TX; 

Childress, TX; Hobart, OK; Will Rogers, OK; 

INT Will Rogers 052° and Tulsa, OK 246° 

radials; Tulsa; Neosho, MO; Springfield, MO; 

Vichy, MO; INT Vichy 067° and St. Louis, 

MO, 225° radials; Vandalia, IL; Terre Haute, 

IN; Brickyard, IN; Muncie, IN; Flag City, OH; 

INT Flag City 079° and Dryer, OH, 240° 

radials; Dryer; Jefferson, OH; Erie, PA; 

Dunkirk, NY; Buffalo, NY; Geneseo, NY; 

Georgetown, NY; INT Georgetown 093° and 

Albany, NY, 270° radials; Albany; INT 

Albany 084° and Gardner, MA, 284° radials; 

Gardner; to Norwich, CT. 

* * * * * 

V–38 [Amended] 

From Moline, IL; INT Moline 082° and 

Peotone, IL, 281° radials; Peotone; Fort 

Wayne, IN; Flag City, OH; INT Flag City 131° 

and Appleton, OH, 312° radials; Appleton; 

Zanesville, OH; Parkersburg, WV; Elkins, 

WV; Gordonsville, VA; Richmond, VA; 

Harcum, VA; Cape Charles, VA. 

* * * * * 

V–47 [Amended] 

From Pine Bluff, AR; Gilmore, AR; 

Dyersburg, TN; Cunningham, KY; Pocket 

City, IN; Nabb, IN; Cincinnati, OH; 

Rosewood, OH; Flag City, OH; to Waterville, 

OH. 

* * * * * 

V–279 [Amended] 

From INT Flag City, OH, 146° and 

Rosewood, OH, 083° radials; to Flag City; 7 

miles wide (4 miles northeast and 3 miles 

southwest of the centerline) to Flag City. 

* * * * * 

V–422 [Amended] 

From INT Chicago O’Hare, IL, 127° and 

Chicago Heights, IL, 358° radials; Chicago 

Heights; INT Chicago Heights 117° and Knox, 

IN, 276° radials; Knox; Webster Lake, IN; INT 

Webster Lake 097° and Flag City, OH, 289° 

radials; to Flag City. 

* * * * * 

Issued in Washington, DC, on July 27, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–19271 Filed 8–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2009–HA–0095] 

RIN 0720–AB33 

TRICARE; Extended Care Health 

Option 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

publishing this final rule to implement 

the requirements enacted by Congress in 

Section 732 of the Duncan Hunter 

National Defense Authorization Act for 

Fiscal Year 2009 which changes the 

limit of the Government’s share of 

providing certain benefits under the 

Extended Care Health Option (ECHO) 

from $2,500 per month to $36,000 per 

year, and for other non-legislated 

changes to the ECHO. 

DATES: Effective Date: This rule is 

effective August 9, 2010 and applicable 

October 14, 2008. and all claims for 

ECHO benefits provided on or after that 

date will be reprocessed retroactively to 

that date as necessary. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Kottyan, TRICARE 

Management Activity, Medical Benefits 

and Reimbursement Branch, telephone 

(303) 676–3520. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1079 of Title 10, United States 

Code (U.S.C.), as amended by Section 

701(b) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2002 [Pub. L. 107–107], 

required the Department of Defense to 

establish a program of extended benefits 

for eligible dependents. That program, 

known as the Extended Care Heath 

Option (ECHO), replaced the Program 

for Persons with Disabilities (PFPWD) 

and was implemented on September 1, 

2005. The primary purpose of the ECHO 

is to provide eligible beneficiaries with 

benefits that are not available through 

the TRICARE Basic Program. The term 

‘‘eligible beneficiary’’ means an 

individual who is a dependent of an 

active duty service member (ADSM) or 

is a transitional survivor of a deceased 

ADSM and who has a qualifying 

condition. Qualifying conditions 

include moderate or severe mental 

retardation, serious physical disability, 

or an extraordinary physical or 

psychological condition. The benefits 

available through the ECHO are 

intended to assist in the reduction of the 

disabling effects of an ECHO qualifying 

condition. 

Section 1079(e)(3) and (4) authorizes 

benefits, including training, 

rehabilitation, special education, 

assistive technology devices, 

institutional care in private, nonprofit, 

public, and State institutions and 

facilities and, if appropriate, 

transportation to and from such 

institutions and facilities in which the 

beneficiary is receiving institutional 

care. 

Section 1079(f)(2) limited the 

Government’s liability for benefits 

authorized by Section 1079(e)(3) and (4) 

to $2,500 per month and required that 

the beneficiary’s sponsor be liable for 

any amount of the monthly total cost for 

those benefits that exceeded the 

Government’s limit. Section 1079(e) also 

authorized the extended benefits 

program to provide additional benefits 

including diagnostic services, inpatient 

and outpatient care, comprehensive 

home health care, respite care, and other 

services and supplies as determined 

appropriate by the Secretary. However, 

Section 1079(f) did not limit the 

Government’s liability for those 

additional benefits. By final rule 

published in the Federal Register (FR) 

on August 20, 2004, (69 FR 51559) the 

Department established that those 

additional benefits accrued to the 

$2,500 per month limit. 

Section 732 of the Duncan Hunter 

NDAA for FY 2009 [Pub. L. 110–417] 

(NDAA 2009) changed the limit of the 

Government’s liability for benefits 

authorized under Section 1079(e)(3) and 

(4) from $2,500 per month to $36,000 

per year, prorated as determined by the 

Secretary. This rule does not prorate the 

annual limit of Government liability. 

Section 732 does not affect other 

benefits authorized under Section 

1079(e). 

This rule changes the Government’s 

share of providing all benefits available 

through the Extended Care Health 


sroberts on DSKD5P82C1PROD with RULES