Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9841 

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 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 

controlled airspace at City of Colorado 

Springs Municipal Airport, Colorado 

Springs, CO. 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6003 Class E airspace designated 

as an extension to class C surface areas. 

* * * * * 

ANM CO E3 Colorado Springs, CO 

[Amended] 

City of Colorado Springs Municipal Airport, 

CO 

(Lat. 38°48′21′′ N., long. 104°42′03′′ W.) 

That airspace extending upward from the 

surface within 2.4 miles northwest and 1.2 

miles southeast of the City of Colorado 

Springs Municipal Airport 025° bearing 

extending from the 5-mile radius of the 

airport to 8.9 miles northeast, and within 1.4 

miles each side of the airport 360° bearing 

extending from the 5-mile radius of the 

airport to 7.7 miles north of the airport. 

Issued in Seattle, Washington, on February 

7, 2012. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2012–3827 Filed 2–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1193; Airspace 

Docket No. 11–ANM–14] 

Modification of Area Navigation Route 

T–288; WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies area 

navigation (RNAV) route T–288 by 

extending the route westward from the 

Rapid City, SD, VORTAC to the Gillette, 

WY, VOR/DME. This extension 

enhances the efficiency and safety of the 

National Airspace System (NAS) by 

supplementing the existing VOR Federal 

airway structure in that area. 

DATES: Effective Dates: 0901 UTC, April 

5, 2012. 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: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On December 6, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify RNAV route T–288 by adding 

a new segment between the Rapid City, 

SD, VORTAC (RAP) and the Gillette, 

WY, VOR/DME (GCC) (76 FR 76070). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

In the NPRM, the state designation 

(WY) for the KARAS intersection was 

inadvertently omitted from the route 

description. With the exception of that 

editorial change, this amendment is the 

same as that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 to 

modify RNAV route T–288 by adding a 

new segment between the Rapid City, 

SD, VORTAC and the Gillette, WY, 

VOR/DME. The extension supplements 

the existing VOR Federal airway 

structure to provide alternative routing 

between Gillette and Rapid City in the 

event of navigation aid outages. 

RNAV routes are published in 

paragraph 6011 of FAA Order 7400.9V 

signed August 9, 2011 and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The jet route listed in this 

document will be published 

subsequently in the Order. 

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. 

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 expands RNAV route coverage to 

enhance the safe and efficient flow of 

traffic in the western United States. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

mstockstill on DSK4VPTVN1PROD with RULES

9842 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

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 7400.9V, 

Airspace Designations and Reporting 

Points, dated August 9, 2011 and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6011 United States area 

navigation routes. 

* * * * * 

T–288 Gillette, WY (GCC) to Wolbach, NE 

(OBH) [Amended] 

Gillette, WY (GCC) VOR/DME 

(Lat. 44°20′52′′ N., long. 105°32′37′′ W.) 

KARAS, WY INT 

(Lat. 44°16′23′′ N., long. 104°18′50′′ W.) 

Rapid City, SD (RAP) VORTAC 

(Lat. 43°58′34′′ N., long. 103°00′42′′ W) 

WNDED, SD WP 

(Lat. 43°19′14′′ N., long. 101°32′19′′ W.) 

Valentine, NE (VTN) NDB 

(Lat. 42°51′42′′ N., long. 100°32′59′′ W.) 

Ainsworth, NE (ANW) VOR/DME 

(Lat. 42°34′09′′ N., long. 99°59′23′′ W.) 

FESNT, NE WP 

(Lat. 42°03′57′′ N., long. 99°17′18′′ W.) 

Wolbach, NE (OBH) VORTAC 

(Lat. 41°22′33′′ N., long. 98°21′13′′ W.) 

Issued in Washington, DC, on February 2, 

2012. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2012–3813 Filed 2–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 292 

[Docket No. RM09–23–000] 

Revisions to Form, Procedures and 

Criteria for Certification of Qualifying 

Facility Status for a Small Power 

Production or Cogeneration Facility 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document contains 

corrections to the final regulations 

(Docket No. RM09–23–000) which were 

published in the Federal Register of 

Tuesday, March 30, 2010 (75 FR 15950). 

The final rule document adopted 

revisions to FERC Form 556 and to 

Commission procedures and criteria for 

the certification of qualifying status for 

a small power production or 

cogeneration facility. 

DATES: Effective date: February 21, 2012. 

FOR FURTHER INFORMATION CONTACT: S.L. 

Higginbottom (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

Telephone: 202–502–8561, Email: 

samuel.higginbottom@ferc.gov. 

SUPPLEMENTARY INFORMATION: The final 

regulations that are the subject of these 

regulations amended 18 CFR 292.602(c) 

and affect the Commission’s grant of 

exemption of qualifying small power 

production facilities and cogeneration 

facilities from certain Federal and State 

laws and regulations. 

As published, the final regulations 

contained errors which involved the 

removal of subparagraphs from 18 CFR 

292.602(c)(1). These subparagraphs 

contain critical information concerning 

which state laws apply to qualifying 

small power production facilities and 

qualifying cogeneration facilities. 

List of Subjects in 18 CFR Part 292 

Electric power, Electric power plants, 

Electric utilities. 

Kimberly D. Bose, 

Secretary. 

Accordingly, 18 CFR part 292 is 

corrected by making the following 

correcting amendment: 

Subchapter K—Regulations Under the 

Public Utility Regulatory Policies Act of 

1978 

PART 292—REGULATIONS UNDER 

SECTION 201 AND 210 OF THE 

PUBLIC UTILITY REGULATORY 

POLICIES ACT OF 1978 WITH REGARD 

TO SMALL POWER PRODUCTION AND 

COGENERATION 

■ 1. The authority citation for part 292 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 2. Section 292.602(c) is amended by 

adding paragraphs (c)(1)(i) and (c)(1)(ii) 

to read as follows: 

§ 292.602 Exemption to qualifying facilities 

from the Public Utility Holding Company 

Act of 2005 and certain State laws and 

regulations. 

* * * * * 

(c) * * * 

(1) * * * 

(i) The rates of electric utilities; and 

(ii) The financial and organizational 

regulation of electric utilities. 

* * * * * 

[FR Doc. 2012–3811 Filed 2–17–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2000–P–0102 (formerly 

2000P–1275), FDA–2000–P–0133 (formerly 

2000P–1276), and FDA–2006–P–0033 

(formerly 2006P–0316)] 

Health Claim; Phytosterols and Risk of 

Coronary Heart Disease 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification; extension of 

enforcement discretion. 

SUMMARY: The Food and Drug 

Administration (FDA) is extending the 

period of time that it intends to exercise 

enforcement discretion concerning the 

use of the health claim for phytosterols 

and risk of coronary heart disease 

(CHD), in a manner that is consistent 

with FDA’s February 14, 2003, letter of 

enforcement discretion to Cargill Health 

and Food Technologies, until 

publication of a final rule. 

DATES: Submit either electronic or 

written comments by April 23, 2012. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

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