1872 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

7 CFR Part 1980 

[FR Doc. E8–25849] 

RIN 0575–AC73 

Income Limit Modification 

AGENCY: Rural Housing Service, USDA. 

ACTION: Direct final rule; change in 

effective date. 

SUMMARY: The Rural Housing Service is 

delaying the effective date of a direct 

final rule, which was published on 

November 4, 2008 to amend its existing 

income limit structure for the Single 

Family Housing Guaranteed Loan 

Program. 

DATES: The effective date of the direct 

final rule, published on November 4, 

2008 [73 FR 65503–05], is delayed from 

January 20, 2009, to March 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joaquı ́n Tremols, Acting Director, Single 

Family Housing Guaranteed Loan 

Division, USDA, Rural Development, 

1400 Independence Avenue, SW., Room 

2250, Stop 0784, Washington, DC 

20250, telephone (202) 720–1465, Email: joaquin.tremols@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: After 

further consultations with Congress and 

to afford the new administration 

adequate time for review, RHS is 

changing the effective date of the direct 

final rule to March 20, 2009. 

Dated: January 8, 2009. 

Peter D. Morgan, 

Associate Administrator, Rural Housing 

Service. 

[FR Doc. E9–694 Filed 1–13–09; 8:45 am] 

BILLING CODE 3410–XV–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 150 

[NRC–2007–0002] 

RIN 3150–AH85 

Regulatory Improvements to the 

Nuclear Materials Management and 

Safeguards System; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is correcting a final 

rule that appeared in the Federal 

Register on June 9, 2008 (73 FR 32453). 

The final rule amended NRC’s 

regulations related to licensee reporting 

requirements for source material and 

special nuclear material to the Nuclear 

Materials Management and Safeguards 

System. This document is necessary to 

correct an erroneous amendatory 

instruction. 

DATES: The correction is effective 

January 14, 2009, and is applicable to 

January 1, 2009. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2007–0002. Address questions 

about NRC dockets to Carol Gallagher 

301–415–5905; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking, 

Directives, and Editing Branch, Office of 

Administration, Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone 301–492–3663, e-mail 

Michael.Lesar@nrc.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects an erroneous 

amendatory instruction. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendment to 10 CFR Part 150. 

List of Subjects in 10 CFR Part 150 

Criminal penalties, Hazardous 

materials transportation, 

Intergovernmental relations, Nuclear 

materials, Reporting and recordkeeping 

requirements, Security measures, 

Source material, Special nuclear 

material. 

PART 150—EXEMPTIONS AND 

CONTINUED REGULATORY 

AUTHORITY IN AGREEMENT STATES 

AND IN OFFSHORE WATERS UNDER 

SECTION 274 

■ 1. The authority citation for Part 150 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Public Law 109–58, 119 

Stat. 594 (2005). 

Sections 150.3, 150.15, 150.15a, 150.31, 

150.32 also issued under secs. 11e(2), 81, 68 

Stat. 923, 935, as amended, secs. 83, 84, 92 

Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 

2113, 2114). Section 150.14 also issued under 

sec. 53, 68 Stat. 930, as amended (42 U.S.C. 

2073). 

Section 150.15 also issued under secs. 135, 

141, Public Law 97–425, 96 Stat. 2232, 2241 

(42 U.S.C. 10155, 10161). Section 150.17a 

also issued under sec. 122, 68 Stat. 939 (42 

U.S.C. 2152). Section 150.30 also issued 

under sec. 234, 83 Stat. 444 (42 U.S.C. 2282). 

■ 2. On page 32464, in the third column, 

instruction 18 is corrected to read as 

follows: 

18. In § 150.8, paragraph (c)(1) is 

revised, paragraph (c)(2) is redesignated 

as a new paragraph (c)(4), and a new 

paragraph (c)(2) is added to read as 

follows: 

* * * * * 

Dated at Rockville, Maryland, this 8th day 

of January 2009. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rulemaking, Directives, and Editing 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. E9–586 Filed 1–13–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0997; Airspace 

Docket No. 08–AAL–28] 

Amendment of Class D and E 

Airspace; Bethel, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and E airspace at Bethel, AK to provide 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 1873 

to address magnetic variation changes 

with the Navigation Aids at the Bethel 

Airport. This action amends Class D and 

E airspace upward from the surface, and 

from 700 feet (ft.) and 1,200 ft. above the 

surface at Bethel Airport, Bethel, AK. 

DATES: Effective Date: 0901 UTC, March 

12, 2009. 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: Gary 

Rolf, AAL–538G, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

gary.ctr.rolf@faa.gov. Internet address: 

http://www.faa.gov/about/office_org/ 

headquarters_offices/ato/service_units/ 

systemops/fs/alaskan/rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Tuesday October 28, 2008, the 

FAA proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR) 

part 71 to amend Class D and E airspace 

upward from the surface, and from 700 

ft. and 1,200 ft. above the surface at 

Bethel, AK (73 FR 63910). The Bethel 

Airport and its Navigation Aids will be 

soon undergoing a magnetic variation 

change. This change will result in the 

necessity to amend the airspace 

descriptions. There will be no visible 

change to the airspace currently 

depicted on aeronautical charts. 

Additionally, the present 1,200 foot 

airspace description is no longer 

necessary, because Bethel, Alaska lies 

within a larger section of Class E5 

airspace, called Yukon-Kuskokwim 

Delta, covering the area required for the 

airport. The Class E4 description has 

been slightly modified to address small 

bearing and radial errors listed in the 

Notice of Proposed Rulemaking. Class D 

and E controlled airspace extending 

upward from the surface, and from 700 

ft. and 1,200 ft. above the surface in the 

Bethel Airport area is amended by this 

action. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments were received. The rule is 

adopted as proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class D airspace area designations 

are published in paragraph 5000 of FAA 

Order 7400.9S, Airspace Designations 

and Reporting Points, signed October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace areas 

designated as surface areas are 

published in paragraph 6002 and 6004 

in FAA Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. The Class 

E airspace areas designated as 700/1,200 

ft. transition areas are published in 

paragraph 6005 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to 14 CFR part 71 

amends Class D and E airspace at the 

Bethel Airport, Alaska. This Class D and 

E airspace is amended to accommodate 

aircraft executing instrument 

procedures, and will be depicted on 

aeronautical charts for pilot reference. 

The intended effect of this rule is to 

provide adequate controlled airspace for 

Instrument Flight Rules (IFR) operations 

at the Bethel Airport, Bethel, Alaska. 

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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it amends Class D and E 

airspace to contain aircraft executing 

instrument procedures for the Bethel 

Airport and represents the FAA’s 

continuing effort to safely and 

efficiently use the navigable airspace. 

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; 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 General. 

* * * * * 

AAL AK D Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 

Bethel VORTAC 

(Lat. 60°47′05′′ N., long. 161°49′28′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.1-mile radius of the Bethel 

Airport, AK, excluding that portion below 

1,100 feet MSL between the 058° radial and 

the 078° radial of the Bethel VORTAC, AK, 

from 2.9 miles northeast of the Bethel 

VORTAC, AK. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AAL AK E2 Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 


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1874 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

Bethel VORTAC 

(Lat. 60°47′05′′ N., long. 161°49′28′′ W.) 

Within a 4.1-mile radius of the Bethel 

Airport, AK, excluding that portion below 

1,100 feet MSL between the 058° radial and 

the 078° radial of the Bethel VORTAC, AK, 

from 2.9 miles northeast of the Bethel 

VORTAC, AK. This Class E airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AAL AK E4 Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 

Bethel VORTAC 

(Lat. 60°47′05′′ N., long. 161°49′28′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 019° 

radial of the Bethel VORTAC, AK, extending 

from the 4.1-mile radius of the Bethel 

Airport, AK, to 8.2 miles northeast of the 

Bethel Airport, AK, excluding that portion 

below 1,100 feet MSL between the 058° 

radial and the 078° radial of the Bethel 

VORTAC, AK, from 2.9 miles northeast of the 

Bethel VORTAC, AK, and within 3.4 miles 

each side of the 005° radial of the Bethel 

VORTAC, AK, extending from the 4.1-mile 

radius of the Bethel Airport, AK, to 11 miles 

north of the Bethel VORTAC, AK, and within 

3.5 miles each side of the 210° radial of the 

Bethel VORTAC, AK, extending from the 4.1- 

mile radius of the Bethel Airport, AK, to 5 

miles southwest of the Bethel Airport, AK. 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 

Bethel Localizer 

(Lat. 60°46′06′′ N., long. 161°50′47′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 16.8-mile 

radius of the Bethel Airport, AK, and within 

8 miles west and 4 miles east of the Bethel 

Localizer front course extending from the 

16.8-mile radius of the Bethel Airport, AK, to 

22.8 miles north of the Bethel Airport, AK, 

and within 8 miles east and 4 miles west of 

the Bethel Localizer back course extending 

from the 16.8-mile radius of the Bethel 

Airport, AK, to 21.4 miles south of the Bethel 

Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on December 29, 

2008. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–518 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1046; Airspace 

Docket No. 08–ASW–21] 

Amendment of Class E Airspace; 

Houston, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Houston, TX. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Lone Star 

Executive Airport, Conroe, TX. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at Lone Star 

Executive Airport. 

DATES: Effective Date: 0901 UTC, March 

12, 2009. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Ft. Worth, 

TX 76193–0530; telephone (817) 222– 

5582. 

SUPPLEMENTARY INFORMATION: 

History 

On November 17, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Houston, TX, adding 

additional controlled airspace at Lone 

Star Executive Airport, Conroe, TX (73 

FR 67823, Docket No. FAA–2008–1046). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9S signed 

October 3, 2008, and effective October 

31, 2008, which is incorporated by 

reference in 14 CFRp 71.1. The Class E 

airspace designations listed in this 

document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace at Houston, 

TX, adding additional controlled 

airspace at Lone Star Executive Airport, 

Conroe, TX. This rule also updates the 

geographic coordinates of Chambers 

County Airport, and changes Sholes 

Field to Sholes International at 

Galveston, TX. 

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 U.S. Code. Subtitle 1, 

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 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 adds 

additional controlled airspace in the 

Houston, TX airspace area, at Lone Star 

Executive Airport, Conroe, TX. 

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: 


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