Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules 18169 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0062/Airspace 

Docket No. 09–AGL–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding additional 

controlled Class E airspace for SIAPs 

operations at Anoka County-Blaine 

Airport (Janes Field), Minneapolis, MN, 

and adjusting the geographic 

coordinates for Minneapolis-St. Paul 

International Airport to coincide with 

the FAA’s National Aeronautical 

Charting Office. The area would be 

depicted on appropriate aeronautical 

charts. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9S, dated October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed 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, 

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 would add 

additional controlled airspace to the 

Minneapolis, MN, airspace area. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL MN E5 Minneapolis, MN [Amended] 

Minneapolis-St. Paul International Airport 

(Wold-Chamberlain) Airport DME 

(Lat. 44°52′28′′ N., long. 93°12′24′′ W.) 

Minneapolis, Anoka County-Blaine Airport 

(Janes Field), MN 

(Lat. 45°08′42′′ N., long. 93°12′41′′ W.) 

St. Paul, Lake Elmo Airport, MN 

(Lat. 44°59′51′′ N., long. 92°51′20′′ W.) 

Minneapolis, Airlake Airport, MN 

(Lat. 44°37′40′′ N., long. 93°13′41′′ W.) 

Farmington VORTAC 

(Lat. 44°37′51′′ N., long. 93°10′55′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 20-mile radius 

of the Minneapolis-St. Paul International 

Airport (Wold-Chamberlain) Airport DME 

antenna, and within a 6.5-mile radius of the 

Anoka County-Blaine Airport (Janes Field), 

and within 4 miles each side of the 001° 

bearing from the Anoka County-Blaine 

Airport (Janes Field) extending from the 6.5- 

mile radius to 9.9 miles, and within a 6.3- 

mile radius of the Lake Elmo Airport, and 

within a 6.4-mile radius of the Airlake 

Airport, and within 3.3 miles each side of the 

084° bearing from the Farmington VORTAC 

extending from the 6.4-mile radius to 14.8 

miles east of the Airlake Airport. 

* * * * * 

Issued in Fort Worth, TX, on April 6, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–9053 Filed 4–20–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

Office of National Marine Sanctuaries 

Interim Policy and Permit Guidance for 

Submarine Cable Projects 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice; Request for public 

comments. 

SUMMARY: NOAA is proposing interim 

policy and permit guidance for 

submarine cable projects proposed in 

national marine sanctuaries. This action 

identifies the criteria the ONMS will use 

to ensure that applications to install and 

maintain submarine cables in 

sanctuaries are reviewed consistently 

and in a manner that adheres to the 

National Marine Sanctuaries Act and 

ONMS regulations (15 CFR part 922). 

DATES: Comments on the interim policy 

and permit guidance for submarine 

cable projects will be accepted if 

received on or before May 21, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 


tjames on PRODPC75 with PROPOSALS
18170 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules 

• Federal e Rulemaking Portal: http:// 

www.regulations.gov. Submit electronic 

comments via the Federal e Rulemaking 

Portal rather than by e-mail; 

• Mail: Debra Malek, NOAA, Office of 

National Marine Sanctuaries, 1305 EastWest Highway, (N/NMS2), 11th Floor, 

Silver Spring, Maryland 20910. 

Copies of the interim policy and 

permit guidance for submarine cable 

projects may be viewed and 

downloaded at http:// 

sanctuaries.noaa.gov/. 

Paperwork burden: Submit written 

comments regarding the burden-hour 

estimates or other aspects of the 

information collection requirements 

contained in this proposed rule by email to Diana Hynek at 

dHynek@doc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Debra Malek, (301) 713–3125, ext. 262. 

SUPPLEMENTARY INFORMATION: 

Background 

The NOAA Office of National Marine 

Sanctuaries (ONMS) manages a system 

of thirteen national marine sanctuaries 

(NMSs or sanctuaries) that protect 

special, nationally significant areas of 

the marine environment under the 

authority of the National Marine 

Sanctuaries Act (NMSA; 16 U.S.C. 1431 

et seq.). The ONMS, along with the U.S. 

Fish and Wildlife Service and the State 

of Hawaii, also manages the 

Papahanaumokuakea Marine National 

Monument under the Antiquities Act. 

Sanctuaries and the monument protect 

a variety of marine habitats and cultural 

resources including coral reefs, 

mangrove forests, seagrass beds, deepsea canyons, kelp beds, marine mammal 

feeding and breeding grounds, and 

historic shipwrecks and other 

submerged cultural resources. 

In the late 1990s, the ONMS received 

applications to install and maintain 

telecommunication submarine cables 

through the Olympic Coast National 

Marine Sanctuary and the Stellwagen 

Bank National Marine Sanctuary. 

Experience gained through the 

consideration and issuance of permits 

for those projects highlighted the need 

for more clarity on how such projects 

would be handled in the future. 

The Department of Commerce 

convened a workshop in February 2000 

with representatives from the 

telecommunications and fishing 

industries, environmental and 

conservation organizations, and state 

agencies. A white paper with key issues 

and guiding principles was distributed 

prior to, and discussed at, the 

workshop. The proposed guiding 

principles included: Analysis of habitat 

types appropriate or inappropriate for 

cable laying, analysis of individual 

sanctuary regulations, and parameters 

for evaluating proposals for cable 

installations. 

In August 2000, NOAA published an 

advance notice of proposed rulemaking 

(ANPR) on Installing and Maintaining 

Commercial Submarine Cables in 

National Marine Sanctuaries in the 

Federal Register (65 FR 51264, Aug. 23, 

2000). A second ANPR was published in 

November 2000 at the request of the 

industry for additional time to comment 

(65 FR 70537, Nov. 24, 2000). The 

ANPR requested comments on both the 

guiding principles contained in the 

white paper and on the issues raised at 

the workshop. 

Specifically, the ANPR requested 

comments on: 

• Whether changes to existing ONMS 

regulations or some form of policy 

guidance was necessary to clarify 

NOAA’s decision-making process 

regarding the installation and 

maintenance of commercial submarine 

cables within NMSs; 

• If changes or additional guidance 

were appropriate, what those changes or 

guidance should contain; and 

• Whether there were comments on 

the proposed principles on the 

installation of commercial submarine 

cables with the marine and coastal 

environment. 

The ONMS received 36 comments 

from the telecommunications industry, 

the Department of Defense, the 

environmental community, State 

government, and various interested 

individuals. 

General comments on the ANPR 

included the following: 

• The telecommunications industry 

believed that existing regulations are 

adequate in NMSs. 

• The environmental community 

urged NOAA to prohibit cables within 

NMSs, and to develop stringent permit 

application criteria, including removal 

of out-of-service cables. 

• The industry and the environmental 

community did not a support a 

Programmatic Environmental Impact 

Statement (PETS) or the concept of 

approving projects in the planning 

stage. 

• The environmental community 

supported the idea of cable corridors 

while the industry opposed it. 

• The industry wanted improved 

consultation between NOAA and other 

cable permitting authorities, such as the 

U.S. Army Corps of Engineers, the 

Federal Communications Commission, 

etc., and more specific, user-friendly 

criteria for permit applications. 

These comments, in addition to direct 

experience related to cables installed in 

sanctuaries, were factors that led to 

NOAA’s decision not to pursue 

rulemaking at this time, but, rather to 

develop and issue interim permit 

guidelines. The ONMS believes that 

cable permit guidelines will ensure that 

applications to install and maintain 

submarine cables in sanctuaries are 

reviewed consistently and in a manner 

that adheres to the NMSA and ONMS 

regulations (15 CFR part 922). 

John Dunnigan, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management. 

[FR Doc. E9–8945 Filed 4–20–09; 8:45 am] 

BILLING CODE 3510–NK–M 

FEDERAL TRADE COMMISSION 

16 CFR Part 429 

Trade Regulation Rule Concerning 

Cooling-Off Period for Sales Made at 

Homes or at Certain Other Locations 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Request for public comment. 

SUMMARY: The Commission requests 

public comment on its Trade Regulation 

Rule Concerning Cooling-Off Period for 

Sales Made at Homes or at Certain Other 

Locations (‘‘Cooling-Off Rule’’ or 

‘‘Rule’’). The Commission is soliciting 

public comment as part of the FTC’s 

systematic review of all current 

Commission regulations and guides. 

DATES: Written comments concerning 

the Cooling-Off Rule must be received 

no later than June 22, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Cooling-Off 

Rule Regulatory Review, 16 CFR 429, 

Comment, Project No. P087109’’ to 

facilitate the organization of comments. 

Please note that your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC website, at 

(http://ftc.gov/os/ 

publiccomments.shtm.) 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 


tjames on PRODPC75 with PROPOSALS