51354 Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations 

participant’s name and the participant’s 

account number or Social Security 

number. A written inquiry from a 

spouse or former spouse or a beneficiary 

of the participant must include the 

inquiring party’s name and Social 

Security number or, if available, the 

case reference number as well as the 

name and Social Security number or 

account number of the participant. 

Other third party inquiries (e.g., from 

other Federal agencies authorized to 

obtain information about the 

participant’s account) must include, at a 

minimum, the participant’s name and 

Social Security number. 

* * * * * 

(2) * * * To access these features, the 

participant may be required to provide 

identity and account verification 

information such as his or her account 

number, PIN, or Web password. 

* * * * * 

■ 4. Amend § 1630.7 as follows: 

■ a. Revised paragraph (b). 

■ b. In the first sentence in paragraph 

(c)(1) after the words ‘‘their respective’’

add the words ‘‘account numbers (or 

case reference numbers) or’’. 

■ c. In the first sentence in paragraph 

(c)(2) after the words and punctuation 

mark ‘‘her name,’’ add the words 

‘‘account number (or case reference 

number) or’’. 

■ d. In paragraph (c)(3) amend the 

second sentence and remove the third 

sentence as follows: 

§ 1630.7 Identification requirements. 

* * * * * 

(b) In writing. A participant shall 

provide his or her name, date of birth, 

and account number or Social Security 

number and shall sign the request. Most 

other individuals shall provide the 

participant’s account number or Social 

Security number, shall provide a 

statement of relationship to the 

participant unless it is clearly identified 

in the nature of the correspondence, and 

shall sign the request. If a request for 

access is granted by mail and, in the 

opinion of the Privacy Act Officer or 

record keeper designee after consulting 

with the appropriate system manager, 

the disclosure of the records through the 

mail may result in harm or 

embarrassment (if a person other than 

the subject individual were to receive 

the records), a notarized statement of 

identity or some other similar assurance 

of identity will be required. 

* * * * * 

(c) * * * 

(3) * * * These systems may require 

identity and account verification 

information such as the participant’s 

account number and Web password or 

PIN for the Web site and ThriftLine 

respectively. 

PART 1640—PERIODIC PARTICIPANT 

STATEMENTS 

■ 5. The authority citation for part 1640 

continues to read as follows: 

Authority: 5 U.S.C. 8439(c)(1) and (c)(2), 5 

U.S.C. 8474(b)(5) and (c)(1). 

§ 1640.3 [Amended] 

■ 6. In § 1640.3, paragraph (a), remove 

the words ‘‘Social Security’’ and add, in 

their place, the word ‘‘account.’’

PART 1653—COURT ORDERS AND 

LEGAL PROCESSES AFFECTING 

THRIFT SAVINGS PLAN ACCOUNTS 

■ 7. The authority citation for part 1653 

continues to read as follows: 

Authority: 5 U.S.C. 8435, 8436(b), 8437(e), 

8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 

■ 8. In § 1653.2, paragraph (a)(3)(iv), 

revise Examples (1), (2), and (3) to read 

as follows: 

§ 1653.2 Qualifying retirement benefits 

court orders. 

(a) * * * 

(3) * * * 

(iv) * * * 

Example (1). ORDERED: [payee’s name, 

Social Security number (SSN), and address] 

is awarded $____ from the [civilian or 

uniformed services] Thrift Savings Plan 

account of [participant’s name, account 

number or SSN, and address]. 

Example (2). ORDERED: [payee’s name, 

SSN, and address] is awarded ____% of the 

[civilian and/or uniformed services] Thrift 

Savings Plan account[s] of [participant’s 

name, account number or SSN, and address] 

as of [date]. 

Example (3). ORDERED: [payee’s name, 

SSN, and address] is awarded [fraction] of 

the [civilian and/or uniformed services] 

Thrift Savings Plan account[s] of 

[participant’s name, account number or SSN, 

and address] as of [date]. 

§ 1653.3 [Amended] 

■ 9. In § 1653.3(b)(1), before the words 

‘‘Social Security number (SSN)’’ add the 

words ‘‘account number or.’’

§ 1653.13 [Amended] 

■ 10. In § 1653.13(b)(1), before the 

words ‘‘Social Security number (SSN)’’

add the words ‘‘account number or.’’

[FR Doc. E7–17646 Filed 9–6–07; 8:45 am] 

BILLING CODE 6760–01–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–07–0104; FV07–987–

1 IFR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

California Date Administrative 

Committee (committee) for the 2007–08 

and subsequent crop year from $0.95 to 

$0.75 per hundredweight of dates 

handled. The committee recommended 

decreasing the assessment rate to reduce 

its cash reserve levels. The committee 

locally administers the marketing order 

which regulates the handling of dates 

grown or packed in Riverside County, 

California. Assessments upon date 

handlers are used by the committee to 

fund reasonable and necessary expenses 

of the program. The crop year begins 

October 1 and ends September 30. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective September 10, 2007. 

Comments received by November 6, 

2007, will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the docket number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487–

5901, Fax: (559) 487–5906, or E-mail: 

Terry.Vawter@usda.govor or 

Kurt.Kimmel@usda.gov. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations 51355 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

987, as amended (7 CFR part 987), 

regulating the handling of dates grown 

or packed in Riverside County, 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, California date handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable dates 

beginning October 1, 2007, and continue 

until amended, suspended, or 

terminated. This rule will not preempt 

any State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15) (A) of the Act, any 

handler subject to an 3 order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rate established for the committee for 

the 2007–08 and subsequent crop years 

from $0.95 per to $0.75 per 

hundredweight of dates. 

The California date marketing order 

provides authority for the committee, 

with the approval of USDA, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the committee are producers and 

handlers of California dates.They are 

familiar with the committee’s needs and 

with the costs for goods and services in 

their local area, and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 4 

discussed in a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2005–06 crop year and 

subsequent crop years, the committee 

recommended, and USDA approved, an 

assessment rate that would continue in 

effect from crop year to crop year unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the committee 

or other information available to USDA. 

The committee met on June 21, 2007, 

and unanimously recommended 2007–

08 expenditures of $209,182 and an 

assessment rate of $0.75 per 

hundredweight of California dates. In 

comparison, last year’s budgeted 

expenditures were $127,485. The 

assessment rate of $0.75 is $0.20 lower 

than the rate currently in effect. The 

committee believes that the assessment 

rate should be reduced, because the 

2006–07 crop was 3 million pounds 

larger than expected, resulting in 

$102,652 in accumulated cash reserves 

available for 2007–08 expenditures. 

Section 987.72(c) states that the reserve 

may not exceed 50 percent of the 

average of expenses incurred during the 

most recent five preceding crop years. 

The committee believes the decreased 

assessment rate will allow it to reduce 

the amount it holds in cash reserves to 

$30,115, by September 30, 2008, the end 

of the 2007–08 crop year. That reserve 

amount would be within the limits 

provided in § 987.72(c) 

Proceeds from sales of cull dates are 

deposited in a surplus account for 

subsequent use by the committee in 

covering the surplus pool share of the 

committee’s expenses. Handlers may 

also dispose of cull dates of their own 

production within their own livestockfeeding operation; otherwise, such cull 

dates must be shipped or delivered to 

the committee for sale to non-human 

food product outlets. Pursuant to 

§ 987.72(b), the committee is authorized 

to temporarily use funds derived from 

assessments to defray expenses incurred 

in disposing of surplus dates. All such 

expenses are required to be deducted 

from proceeds obtained by the 

committee from the disposal of surplus 

dates. For the 2007–08 crop year, the 

committee estimated that $2,000 from 

the surplus account would be needed to 

refund assessments used in paying 

committee expenses incurred in 

disposing of surplus dates. 

The major expenditures 

recommended by the committee for the 

2007–08 crop year include $87,312 for 

general and administrative programs, 

$67,870 for promotional programs, 

$24,000 for marketing and media 

consulting, $5,000 for moving expenses, 

and $5,000 for updating marketing 

materials. The committee also budgeted 

$20,000 as a contingency reserve for 

other marketing and promotion projects 

that it may wish to support later in the 

year. 

By comparison, expenditures for the 

2006–07 crop year were $127,485. Major 

expenditures recommended by the 

committee included $75,095 for general 

and administrative expenses, $22,390 

for promotional expenses, and $30,000 

for date nutritional analysis. 

The assessment rate recommended by 

the committee was derived by adding 

the incoming reserve funds from the 

2006–07 crop year ($105,652), plus the 

anticipated assessment income from an 

estimated crop of 19,000,000 million 

pounds at $0.75 per hundredweight 

($142,500) along with the contribution 

from the surplus program ($2,000), 

minus the proposed expenses of 

$209,182, and a refund of excess 

assessments of $10,855, leaving a 

reserve of $30,115 to carry into the 

2008–09 crop year. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

committee will continue to meet prior to 

or during each crop year to recommend 

a budget of expenses and consider 

recommendations for modification of 

the assessment rate. The dates and times 

of committee meetings are available 

from the committee or USDA. 

Committee meetings are open to the 

public and interested persons may 

express their views at these meetings. 

USDA will evaluate committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

committee’s 2007–08 budget and those 

for subsequent crop years will be 

reviewed and, as appropriate, approved 

by USDA. 


rwilkins on PROD1PC63 with RULES
51356 Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder; are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 124 

producers of dates in the production 

area and approximately 10 handlers 

subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those having annual receipts of less than 

$750,000, and small agricultural service 

firms are defined as those having annual 

receipts of less than $6,500,000. 

An industry profile shows that four of 

the 10 handlers (40 percent) had date 

sales over $6,500,000 and could be 

considered large handlers by the Small 

Business Administration. Six of the 10 

handlers (60 percent) had date sales of 

less than $6,500,000 and could be 

considered small handlers. An 

estimated 7 producers, or less than 6 

percent, of the 124 total producers, 

would be considered large producers 

with annual incomes over $750,000. 

The remaining producers have incomes 

less than $750,000. The majority of 

handlers and producers of California 

dates may be classified as small entities. 

This rule decreases the assessment 

rate established for the committee and 

collected from handlers for the 2007–08 

and subsequent crop years from $0.95 to 

$0.75 per hundredweight of dates 

handled. The committee unanimously 

recommended 2007–08 expenditures of 

$209,182 and an assessment rate of 

$0.75 per hundredweight of dates, 

which is $0.20 lower than the 2005–06 

rate, currently in effect. The committee 

recommended decreasing the 

assessment rate to reduce its cash 

reserve levels. 

The quantity of assessable dates for 

the 2007–08 crop year is estimated at 

19,000,000 pounds. Thus, the $0.75 rate 

should provide $142,500 in assessment 

income and, with reserve funds of 

$105,652 and the $20,000 contribution 

from the surplus program, will be 

adequate to meet the 2007–08 crop year 

expenses. 

The major expenditures 

recommended by the committee for the 

2007–08 crop year include $87,312 for 

general and administrative programs, 

$67,870 for promotional programs, 

$24,000 for marketing and media 

consulting, $5,000 for moving expenses, 

and $5,000 for updating marketing 

materials. The committee also budgeted 

$2,000 as a contingency reserve for 

other marketing and promotion projects 

that it may wish to support later in the 

year. 

The committee believes that the 

assessment rate should be reduced 

because the unanticipated increased 

date production during the 2006–07 

crop year resulted in a larger carry-in of 

funds than the committee prefers. The 

decrease in the assessment rate would 

allow the committee to reduce its cash 

reserves to an appropriate level. 

The committee reviewed and 

unanimously recommended 2007–08 

crop year expenditures of $209,180. 

Prior to arriving at this budget, the 

committee considered information from 

various sources, such as the committee’s 

Marketing Subcommittee. Alternative 

expenditure levels were an option 

available to the committee, but given the 

windfall from the larger-than-expected 

2006–07 crop, it was ultimately 

determined that a $209,180 budget 

would be most beneficial to the 

industry. The assessment rate of $0.75 

per hundredweight of dates was then 

derived, based upon the committee’s 

estimates of the incoming reserve, 

income, and anticipated expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2007–08 crop 

year could range between $45 and $50 

per hundredweight of dates. Therefore, 

the estimated assessment revenue for 

the 2007–08 crop year as a percentage 

of total grower revenue is approximately 

1.67 to 1.5 percent, respectively. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the committee’s meeting was widely 

publicized throughout the California 

date industry and all interested persons 

were invited to attend the meeting and 

participate in committee deliberations 

on all issues. Like all committee 

meetings, the June 21, 2007, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on this issue. Finally, 

interested persons are invited to submit 

comments on this interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California date 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2007–08 crop year 

begins on October 1, 2007, and the 

marketing order requires that the rate of 

assessment for each crop years apply to 

all assessable dates handled during such 

crop year; (2) the action decreases the 

assessment rate for assessable dates 

beginning with the 2007–08 crop year; 

(3) handlers are aware of this action 

which was unanimously recommended 

by the committee at a public meeting 

and is similar to other assessment rate 

actions issued in past years; and (4) this 

interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this rule. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations 51357 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 997—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ Section 987.339 is revised to read as 

follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2007, an 

assessment rate of $0.75 per 

hundredweight is established for 

California dates. 

Dated: August 30, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–4368 Filed 9–6–07; 8:45 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–28559; Airspace 

Docket No. 07–AEA–03] 

Removal of Class D and E Airspace; 

Utica, NY; Amendment of Class D and 

E Airspace; Rome, NY; Establishment 

of Class E Airspace; Rome, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will remove the 

Class D, E2, E4, and E5 airspace at 

Utica, NY, and amend the Class D and 

E2 airspace at Rome, NY. This action 

will also establish Class E5 airspace at 

Rome, NY. The Oneida County Airport, 

Utica, NY, is permanently closed and no 

longer operational, moving aircraft 

operations to Griffiss Airfield, Rome, 

NY. The closure necessitates the 

removal of all Class D and E airspace at 

Utica, NY. Subsequently, this action 

amends the Class D and E2 airspace at 

Rome, NY, published in the Federal 

Register on January 25, 2007, (72 FR 

3365) but not charted due to 

inaccuracies in the legal descriptions. 

This action will also establish Class E5 

airspace at Rome, NY, to replace the 

Class E5 airspace being removed at 

Utica, NY. Class D surface area airspace 

is required when the control tower is 

open to contain Standard Instrument 

Approach Procedures (SIAPs) and other 

Instrument Flight Rules (IFR) operations 

at the airport. Class E2 surface area 

airspace is required when the control 

tower is closed to contain SIAPs and 

other IFR operations at the airport. Class 

E5 airspace extends upward from 700 

feet Above Ground Level (AGL) and is 

required to contain SIAPs and other IFR 

operations at the airport. This action 

will amend Class D airspace extending 

upward from the surface to and 

including 3,000 feet MSL within an 8.4- 

mile radius and Class E2 airspace 

within an 8.4-mile radius of the Griffiss 

Airfield. This action will also establish 

Class E5 airspace extending upward 

from 700 feet above the surface within 

a 10.9 mile radius of Griffiss Airfield 

and within 5 miles each side of the 

Griffiss Airfield ILS localizer northwest 

course from the 10.9-mile radius to 15 

miles northwest of Griffiss Airfield and 

within a 26-mile radius of the airport 

extending clockwise from a 125° bearing 

to 200° bearing from the airport. 

DATES: Effective Date: 0901 UTC, 

October 25, 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: 

Mark D. Ward, Manager, System 

Support, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5586. 

SUPPLEMENTARY INFORMATION: 

History 

On January 1, 2007, the Oneida 

County Airport, Utica, NY, was 

permanently closed and airport 

operations terminated. The closure, 

therefore, requires the removal of all 

Class D and E airspace at Utica, NY. 

Subsequently, operations were moved to 

Griffiss Airfield, Rome, NY, and Class D 

and E2 airspace areas were established. 

An amendment is required to correct 

errors in the legal description of the 

Class D and E airspace which has 

prevented the airspace from being 

charted. Establishment of Class E5 

airspace at Rome, NY, is required to 

replace the Class E5 airspace being 

removed at Utica, NY. 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 Utica, NY, and has no 

significant impact on the users of the 

airspace in the vicinity of the Griffiss 

Airfield, Rome, NY, notice and public 

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

necessary. Designations for Class D and 

E Surface Area Airspace, Class E 

Airspace Areas D Surface Area, and 

Class E Airspace Areas Extending 

Upward from 700 feet or More Above 

the Surface of the Earth are published in 

paragraphs 5000, 6002, 6004 and 6005 

respectively 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 Class D and Class E 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) removes Class D, E2, E4, and E5 

airspace at Utica, NY, amends Class D, 

and E2 airspace at Rome, NY, and 

establishes Class E5 airspace at Rome, 

NY. 

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: 


rwilkins on PROD1PC63 with RULES