Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 62111 

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 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 establishes controlled airspace at 

Philipsburg Area Hospital, Philipsburg, 

PA. 

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 Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

dated August 15, 2007 effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Philipsburg, PA [AMENDED] 

Mid-State Airport, Philipsburg, PA 

(Lat. 40°53′04′′ N., long. 78°05′14′′ W.) 

Philipsburg VORTAC 

(Lat. 40°54′59′′ N., long. 77°59′34′′ W.) 

Philipsburg Area Hospital [ADDED] 

Point in Space Coordinates 

(Lat. 40°55′06′′ N., long. 78°12′06′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Mid-State Airport extending 

clockwise from a 261° bearing to a 012° 

bearing from the airport and within a 7.4- 

mile radius of Mid-State Airport extending 

clockwise from a 012° bearing to 098° bearing 

from the airport and within a 6.6-mile radius 

of Mid-State Airport extending clockwise 

from a 098° bearing to a 183° bearing from 

the airport and within a 8.3-mile radius of 

Mid-State Airport extending clockwise from 

a 183° bearing to a 261° bearing from the 

airport and within 3.1 miles each of the 

Philipsburg VORTAC 067° radial extending 

from the VORTAC to 10 miles northeast of 

the VORTAC and within 3.5 miles each side 

of the 327° bearing from a point at lat. 

40°53′09′′ N., long. 78°05′06′′ W., extending 

from said point to a point 7.4 miles 

northwest and within 2.2 miles each side of 

the Philipsburg VORTAC 330° radial 

extending from the VORTAC to 5.3 miles 

northwest of the VORTAC and within 3.1 

miles each side of the Philipsburg VORTAC 

301° radial extending from the VORTAC to 

10 miles northwest of the VORTAC; and that 

airspace within a 6-mile radius of the point 

in space (lat. 40°55′06′′ N., long. 78°12′06′′ 

W.) serving the Philipsburg Area Hospital. 

Issued in College Park, Georgia, on October 

15, 2007. 

Mark D. Ward, 

Manager, System Support Group, Eastern 

Service Center. 

[FR Doc. 07–5421 Filed 11–1–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–28869; Airspace 

Docket No. 07–ACE–11] 

Establishment of Class E5 Airspace; 

Tarkio, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule and correction. 

SUMMARY: This rule establishes a Class 

E airspace area extending upward from 

700 feet above the surface at Tarkio, MO 

and corrects the Airport Reference Point 

coordinates. The effect of this rule is to 

provide appropriate controlled Class E 

airspace for aircraft departing from and 

executing instrument approach 

procedures to Gould Peterson Municipal 

Airport, Tarkio, MO and to segregate 

aircraft using instrument approach 

procedures in instrument conditions 

from aircraft operating in visual 

conditions. 

DATES: Effective Date: 0901 UTC, 

December 20, 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: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: 

History 

On Wednesday, August 22, 2007, the 

FAA proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to establish Class E airspace at 

Tarkio, MO (72 FR 46931). The proposal 

was to establish a Class E5 airspace area 

to bring Tarkio, MO airspace into 

compliance with FAA directives. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This rule amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing a Class E 

airspace area extending upward from 

700 feet above the surface at Gould 

Peterson Municipal Airport, Tarkio, MO 

and corrects the Airport Reference Point 

coordinates. The establishment of Area 

Navigation (RNAV) Global Positioning 

System (GPS) Instrument Approach 

Procedures (IAP) have made this action 

necessary. The intended effect of this 

action is to provide adequate controlled 

airspace for Instrument Flight Rules 

operations at Gould Peterson Municipal 

Airport, Tarkio, MO. The area will be 

depicted on appropriate aeronautical 

charts. 

Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraph 6005 of FAA Order 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007, and 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. of the same Order. The Class E 

airspace designation 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 DOT 


rwilkins on PROD1PC63 with RULES
62112 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 

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. 

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 

since it contains aircraft executing 

instrument approach procedures to 

Gould Peterson Municipal Airport, 

Tarkio, MO. 

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 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 7400.9R, signed 

August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE E5 Tarkio, MO [New] 

Gould Peterson Municipal Airport, Tarkio, 

MO 

(Lat. 40°26′46′′ N., long. 95°22′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.6-mile 

radius of Gould Peterson Municipal Airport, 

Tarkio, MO. 

* * * * * 

Issued in Fort Worth, TX, on October 11, 

2007. 

Ronnie L. Uhlenhaker, 

Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 07–5425 Filed 11–1–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 5981] 

RIN 1400–AC29 

Exchange Visitor Program—Sanctions 

and Terminations 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department is amending 

its regulations to add to and modify the 

existing actions for which the 

Department may sanction a sponsor. 

The change in the regulations will 

streamline the review process to offer 

sanctioned sponsors the procedural due 

process rights equal to those that the 

Administrative Procedure Act 

guarantees. In addition, the Final Rule 

eliminates summary suspension and 

modifies program suspension to halt the 

activities of a sponsor that has 

committed a serious act of omission or 

commission which has or could have 

the effect of endangering the health, 

safety, or welfare of an exchange visitor, 

or damage the national security interests 

of the United States. 

DATES: Effective Date: This Final Rule is 

effective 30 days from November 2, 

2007. 

SUPPLEMENTARY INFORMATION: The 

former United States Information 

Agency (USIA) and, as of October 1, 

1999, its successor, the U.S. Department 

of State (Department), have promulgated 

regulations governing the Exchange 

Visitor Program. Those regulations now 

appear at 22 CFR Part 62. The 

regulations governing sanctions appear 

at 22 CFR 62.50, and regulations 

governing termination of a sponsor’s 

designation, at 22 CFR 62.60 through 

62.62. The ultimate goals of the 

sanctions regulations are to further the 

foreign policy interests of the United 

States, and to protect the health, safety, 

and welfare of Exchange Visitor 

Program participants. These regulations 

largely have remained unchanged since 

1993, when the USIA undertook a major 

regulatory reform of the Exchange 

Visitor Program, as administered by the 

Office of Exchange Coordination and 

Designation (Office). 

On May 31, 2007, the Department 

published a Proposed Rule on sanctions 

and terminations with a comment 

period ending July 30, 2007. 72 FR 

30302–30308. Forty-nine (49) parties 

filed comments, which the Department 

reviewed and evaluated. The Alliance 

for International Educational and 

Cultural Exchange (Alliance), a 

membership organization, and the 

Council on International Educational 

Exchange (CIEE) represented a number 

of individual designated program 

sponsors in their comments. Twentyfive (25) commenting parties favored the 

Proposed Rule. The remaining 

commenting parties criticized the 

Proposed Rule in one or more respects, 

and several parties recommended 

changes to the Proposed Rule. 

Having thoroughly reviewed the 

comments and the changes that 

commenting parties recommended, the 

Department has determined that it will, 

and hereby does, adopt the Proposed 

Rule, with minor edits, and promulgates 

it as a Final Rule. The Department’s 

evaluation of the written comments and 

recommendations follows. 

As the Department noted in the 

Supplementary Information accompanying 

the Proposed Rule, The [Fulbright-Hays] Act 

authorizes the President to provide for such 

exchanges if it would strengthen 

international cooperative relations. The 

language of the Act and its legislative history 

make it clear that the Congress considered 

international educational and cultural 

exchanges to be a significant part of the 

public diplomacy efforts of the President in 

connection with Constitutional prerogatives 

in conducting foreign affairs. Thus, exchange 

visitor programs that do not further the 

public diplomacy goals of the United States 

should not be designated initially, or retain 

their designation. Accordingly, it is 

imperative that the Department have the 

power to revoke program designations or 

deny applications for program redesignation 

when it determines that such programs do 

not serve the country’s public diplomacy 

goals. 

The above statement is the 

underpinning for the Department’s 

entire approach to the sanctions regime 

of the Exchange Visitor Program. 

Comment Analysis 

One of the overall criticisms of the 

Proposed Rule was that the Department 

eliminated the requirement that it find 

alleged violations of Part 62 to be willful 

or negligent before imposing sanctions. 

Fifteen (15) comments were opposed to 

the change. The Department believes 

that such criticism is without merit. A 

program sponsor, prior to being 

designated or redesignated, must 

demonstrate that it (i.e., the responsible 

officer and alternate responsible 


rwilkins on PROD1PC63 with RULES