This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

62409 

Vol. 72, No. 213 

Monday, November 5, 2007 

1To view the interim rule and the comment we 

received, go to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2006-0127. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2006–0127] 

Asian Longhorned Beetle; Additions to 

Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the Asian longhorned 

beetle regulations by expanding the 

boundaries of the quarantined areas in 

New Jersey and restricting the interstate 

movement of regulated articles from 

those areas. The interim rule was 

necessary to prevent the spread of the 

Asian longhorned beetle to noninfested 

areas of the United States. 

DATES: Effective on November 5, 2007, 

we are adopting as a final rule the 

interim rule published at 71 FR 59649– 

59651 on October 11, 2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael B. Stefan, ALB National 

Coordinator, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 134, Riverdale, MD 20737–1231; 

(301) 734–7338. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR 301.51–1 

through 301.51–9 (referred to below as 

the regulations) restrict the interstate 

movement of regulated articles from 

quarantined areas to prevent the 

artificial spread of the Asian longhorned 

beetle (ALB) to noninfested areas of the 

United States. Quarantined areas are 

listed in § 301.51–3(c) of the regulations. 

In an interim rule 1 effective October 

4, 2006, and published in the Federal 

Register on October 11, 2006 (71 FR 

59649–59651, Docket No. APHIS–2006– 

0127), we amended the list of 

quarantined areas in § 301.51–3(c) to 

include the City of Linden in Union 

County, NJ, as well as portions of the 

Borough of Roselle, the City of 

Elizabeth, and Clark Township, also in 

Union County. In addition, we also 

expanded the quarantined area in the 

City of Carteret in Middlesex County, 

NJ. 

Comments on the interim rule were 

required to be received on or before 

December 11, 2006. We received one 

comment by that date, from a scientific 

organization. 

Although the commenter 

acknowledged that the regulations allow 

us to designate less than an entire State 

as a quarantined area, the commenter 

suggested that the spread of ALB within 

New Jersey was too unpredictable, and 

the possible damage too substantive, to 

allow us to quarantine less than the 

entire State of New Jersey. 

We are making no change in response 

to this comment. Dispersal and flight 

ability studies for ALB indicate that 99 

percent of the beetle’s movement occurs 

within one-half mile of an infested tree. 

The quarantined area within New Jersey 

extends approximately 1.5 miles in 

every direction from each infested tree. 

In addition, State and Federal plant 

health authorities have removed highrisk host trees, applied chemical 

treatments, and conducted extensive 

ground surveys of the quarantined area, 

in accordance with guidelines 

developed by scientists and program 

managers with experience in pest 

management and control, and ALB. 

APHIS believes that these measures 

effectively preclude the natural spread 

of ALB from the quarantined area. 

In addition, a number of measures 

have been taken to prevent the artificial 

spread of ALB from the quarantined 

area. In the interim rule, we restricted 

the interstate movement of regulated 

articles from the area. This measure 

augmented existing State regulations 

restricting the intrastate movement of 

regulated articles from a quarantined 

area. We have also conducted an 

extensive outreach campaign in the 

region around the quarantined area to 

educate the public to the dangers posed 

by the artificial spread of ALB. 

We believe these interlocking 

safeguards are adequate to mitigate the 

risk of the natural or artificial spread of 

ALB from the quarantined area. 

Therefore, for the reasons given in the 

interim rule and in this document, we 

are adopting the interim rule as a final 

rule without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 71 FR 59649– 

59651 on October 11, 2006. 

Done in Washington, DC, this 30th day of 

October 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–21684 Filed 11–2–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. AMS–FV–07–0103; FV07–993– 

1 FR] 

Dried Prunes Produced in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Prune Marketing Committee 

(Committee) for the 2007–08 and 

subsequent crop years from $0.40 to 

$0.60 per ton of salable dried prunes. 


ycherry on PRODPC74 with RULES
62410 Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations 

The Committee locally administers the 

marketing order that regulates the 

handling of dried prunes in California. 

Assessments upon dried prune handlers 

are used by the Committee to fund 

reasonable and necessary expenses of 

the program. The higher assessment rate 

is needed to offset an anticipated 

decrease in dried prune production this 

year. The crop year began August 1 and 

ends July 31. The assessment rate will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective Date: November 6, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt 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.gov or 

Kurt.Kimmel@usda.gov. 

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 Agreement 

No. 110 and Marketing Order No. 993, 

both as amended (7 CFR part 993), 

regulating the handling of dried prunes 

grown in California, hereinafter referred 

to as the ‘‘order.’’ The marketing 

agreement and order are 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 dried prune 

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 dried prunes beginning on 

August 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 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 increases the assessment 

rate established for the Committee for 

the 2007–08 and subsequent crop years 

from $0.40 to $0.60 per ton of salable 

dried prunes handled. 

The California dried prune 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 of California dried prunes. 

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 

discussed at a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2006–07 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 28, 2007, 

and unanimously recommended an 

assessment rate of $0.60 per ton of 

salable dried prunes and expenditures 

totaling $102,523 for the 2007–08 crop 

year. In comparison, last year’s 

approved expenses as amended in April 

2007 were $77,722. The assessment rate 

of $0.60 per ton of salable dried prunes 

is $0.20 higher than the rate currently in 

effect. 

The Committee recommended a 

higher assessment rate based on a 

production estimate of 95,000 tons of 

salable dried prunes for this year, which 

is substantially less than the 187,737 

tons produced last year. At this 

assessment rate the assessment income 

for the 2007–08 crop year is $57,000. 

The Committee’s budget of expenses of 

$102,523 includes a slight increase in 

personnel expenses, and a slight 

decrease in operating expenses. 

Combined salaries and expenses are 

almost two percent higher than last 

year, or about $65,580. The Committee 

also included $36,943 for contingencies. 

Most of the Committee’s expenses 

reflect its portion of the joint 

administrative costs of the Committee 

and the California Dried Plum Board. 

Based on the Committee’s reduced 

activities in recent years, it is funding 

only ten percent of the shared expenses 

of the two programs. This funding level 

is similar to that of last year. The 

Committee believes carryover funds, 

plus assessment and interest income, is 

adequate to cover its estimated expenses 

of $102,523. 

The major expenditures 

recommended by the Committee for the 

2007–08 crop year include $50,505 for 

salaries and benefits, $15,075 for 

operating expenses, and $36,943 for 

contingencies. For the 2006–07 crop 

year, the Committee’s budgeted 

expenses were $48,662 for salaries and 

benefits, $15,895 for operating expenses, 

and $13,165 for contingencies. 

The assessment rate recommended by 

the Committee was derived by dividing 

the handler assessment revenue needed 

to meet anticipated expenses by the 

estimated salable tons of California 

dried prunes. Dried prune production 

for the year is estimated to be 95,000 

salable tons, which should provide 

$57,000 in assessment income at $0.60 

per ton of salable dried prunes. Income 

derived from handler assessments, plus 

excess funds from the 2006–07 crop 

year should be adequate to cover 

budgeted expenses. 

The Committee is authorized under 

§ 993.81(c) of the order to use excess 

assessment funds from the 2006–07 crop 

year (currently estimated at $45,423) for 

up to 5 months beyond the end of the 

crop year to meet 2007–08 crop year 

expenses. At the end of the 5 months, 

the Committee either refunds or credits 

excess funds to handlers. 

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 will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 


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Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations 62411 

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 the Committee’s 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committees’ 2007–08 budget and those 

for subsequent crop years will be 

reviewed and, as appropriate, approved 

by USDA. 

Final 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 final 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 1,100 

producers of dried prunes in the 

production area and approximately 22 

handlers subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those whose annual receipts are less 

than $750,000, and small agricultural 

service firms as those whose annual 

receipts are less than $6,500,000. 

An estimated 1,068 of the 1,100 

producers (97.1 percent) have incomes 

of less than $750,000 and are considered 

small producers. Fourteen of the 22 

handlers (63.6 percent) have incomes 

from handling prunes of less than 

$6,500,000 and could be considered 

small handlers. Therefore, the majority 

of handlers and producers of California 

dried prunes may be classified as small 

entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2007–08 

and subsequent crop years from $0.40 to 

$0.60 per ton of salable dried prunes. 

The Committee met on June 28, 2007, 

and unanimously recommended 

estimated expenses for 2007–08 of 

$102,523 and an increased assessment 

rate of $0.60 per ton of salable dried 

prunes. The Committee’s recommended 

budget was based on a slight increase in 

personnel expenses and a slight 

decrease in operating expenses. 

Combined salaries and expenses are 

almost two percent higher than last 

year, or about $65,580. The Committee 

also included $36,943 for contingencies. 

Most of the Committee’s expenses 

reflect its portion of the joint 

administrative costs of the Committee 

and the California Dried Plum Board. 

Based on the Committee’s reduced 

activities in recent years, it is funding 

only ten percent of the shared expenses 

of the two programs. This funding level 

is similar to that of last year. The 

Committee believes carryover funds, 

plus assessment and interest income, 

are adequate to cover its estimated 

expenses of $102,523. 

The assessment rate of $0.60 per ton 

of salable dried prunes is $0.20 higher 

than the rate currently in effect. The 

quantity of salable dried prunes for the 

2007–08 crop year is currently 

estimated at 95,000 tons of salable dried 

prunes, compared to 187,737 tons of 

salable dried prunes for the 2006–07 

crop year. 

The major expenditures 

recommended by the Committee for the 

2007–08 crop year include $50,505 for 

salaries and benefits, $15,075 for 

operating expenses, and $36,943 for 

contingencies. Budgeted expenses for 

these items in 2006–07 were $48,662 for 

salaries and benefits, $15,895 for 

operating expenses, and $13,165 for 

contingencies. 

The 2007–08 crop year assessment 

rate was derived after considering the 

handler assessment rate revenue needed 

to meet anticipated crop year expenses; 

estimated production of salable dried 

prunes; and the estimated income from 

other sources, such as interest. 

Therefore, the Committee recommended 

an assessment rate of $0.60 per ton of 

salable dried prunes. 

Prior to arriving at its budget of 

$102,523, the Committee considered 

information from various sources, 

including the Committee’s Executive 

Subcommittee. Alternative assessment 

rates, including the rate currently in 

effect, and different expenditure levels 

were discussed by the subcommittee 

and the Committee. An alternative to 

this action is to continue with the $0.40 

per ton assessment rate. However, an 

assessment rate of $0.60 per ton of 

salable dried prunes, along with excess 

funds from the 2006–07 crop year, is 

needed to provide enough income to 

fund the Committee’s operations. 

Therefore, the Committee agreed that 

$0.60 per ton of salable dried prunes is 

an acceptable assessment rate. Section 

993.81(c) of the order provides the 

Committee the authority to use excess 

assessment funds from the 2006–07 crop 

year (currently estimated at $45,423) for 

up to 5 months beyond the end of the 

crop year to meet 2007–08 crop year 

expenses. At the end of the 5 months, 

the Committee either refunds or credits 

excess funds to handlers. 

A review of historical information and 

preliminary data pertaining to the 

upcoming crop year indicates that the 

producer price for the 2007–08 crop 

year is expected to average between 

$1,500 and $1,600 per ton of salable 

dried prunes. Based on an estimated 

95,000 salable tons of dried prunes, 

assessment revenue as a percentage of 

producer prices during the 2006–07 

crop year is expected to be between .038 

and .040 percent. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs are 

offset by the benefits derived by the 

operation of the marketing order. In 

addition, the Committee’s meeting was 

widely publicized throughout the 

California dried prune 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 

28, 2007, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California dried 

prune 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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on September 7, 2007 (72 FR 

51381). Copies of the proposed rule 

were also mailed or sent via facsimile to 


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62412 Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations 

all prune handlers. Finally, the proposal 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. A 20-day comment period 

ending September 27, 2007, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

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 also found 

and determined that good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because the 

2007–08 crop year began on August 1, 

2007, and the marketing order requires 

that the rate of assessment for each year 

apply to all assessable prunes handled 

during the year; and handlers are 

already receiving 2007–08 crop prunes 

from growers. The Committee needs to 

have sufficient funds to meet its 

expenses which are incurred on a 

continuous basis. Further, handlers are 

aware of this rule which was which was 

unanimously recommended at a public 

meeting. Also, a 20-day comment period 

was provided for in the proposed rule 

and no comments were received. 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2007, an 

assessment rate of $0.60 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: October 31, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–5503 Filed 11–1–07; 8:57 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–28771; Airspace 

Docket No. 07–ACE–8] 

Modification of Class E Airspace; Fort 

Scott, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date and correction. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at Fort 

Scott, KS and corrects the coordinates of 

the Fort Scott Nondirectional Beacon 

(NDB). 

DATES: Effective Date: 0901 UTC, 

December 20, 2007. 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: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on Friday, August 10, 2007 (72 

FR 44954). The FAA uses the direct 

final rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent of submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

December 20, 2007. No adverse 

comments were received, and thus this 

notice confirms that this direct final rule 

will become effective on that date. 

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. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Correction to Final Rule 

In the description of the airspace 

contained in the direct final rule, the 

coordinates of the Fort Scott NDB were 

incorrectly published. This action 

makes this editorial correction, which 

does not change the airspace 

configuration. The FAA is republishing 

the entire airspace description. 

■ Accordingly, pursuant to the authority 

delegated to me, the airspace published 

in the Federal Register, Friday, August 

10, 2007 (72 FR 44954), Airspace Docket 

No. 07–ACE–8, page 44955 is corrected 

as follows: 

§ 71.1 [Amended] 

* * * * * 

ACE KS E5 Fort Scott, KS [Corrected] 

Fort Scott Municipal Airport, KS 

(Lat. 37°47′54′′ N., long. 94°46′10′′ W.) 

Fort Scott NDB 

(Lat. 37°47′49′′ N., long. 94°45′56′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.0-mile 

radius of Fort Scott Municipal Airport and 

within 2.6 miles each side of the 350° bearing 

from Fort Scott NDB extending from the 7.0- 

mile radius of the airport to 7 miles north of 

the NDB. 

* * * * * 

Issued in Fort Worth, Texas on October 24, 

2007. 

Richard H. Farrell, III, 

Acting Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 07–5454 Filed 11–2–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DOD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS STERETT 


ycherry on PRODPC74 with RULES