7668 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. Unless a 

written adverse or negative comment or 

a written notice of intent to submit an 

adverse or negative comment is received 

within the comment period, the 

regulation will become effective on the 

date specified above. After the close of 

the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date of the rule. 

If the FAA receives, within the 

comment period, an adverse or negative 

comment, or written comment notice of 

intent to submit such a comment, a 

document withdrawing the direct final 

rule will be published in the Federal 

Register, and a notice of proposed 

rulemaking may be published with a 

new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from http://www.regulations.gov. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E2 airspace at 

Lexington, OK providing the airspace 

required to support the new Copter 

RNAV (GPS) Runway 17 approach 

developed for IFR landings at Muldrow 

Army Heliport, OK. No Class E2 

airspace exists in the area so new 

airspace must be developed which will 

serve IFR operations into Muldrow 

Army Heliport. Controlled airspace 

extending upward from the surface is 

required to encompass all SIAP and for 

the safety of IFR operations at Muldrow 

Army Heliport, Lexington, OK. 

Designations for class E2 airspace areas 

extending upward from the surface of 

the earth are published in the FAA 

Order 7400.9R, signed August 15, 2007 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

Part 71.1. Class E2 designations listed in 

this document will be published 

subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implication under Executive 

Order 13132. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 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 Class E2 airspace near 

Lexington, OK. 

Lists 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 

Designation and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6002 Class E2 airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

ASW OK E2 Lexington, OK [New] 

Muldrow Army Heliport 

(lat. 35°01′58′′ N., long. 97°13′90′′ W.) 

That airspace extending upward from the 

surface to and including 3,600 feet above 

mean sea level (MSL) within a 3.7-mile 

radius of the Muldrow Army Heliport, OK 

and within 3 miles each side of the Muldrow 

runway 175 Copter RNAV (GPS) Runway 17 

approach course extending north from the 3.7 

mile radius to the 6.8 mile extension. This 

airspace is effective during specific dates and 

times established in advance by Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in Forth Worth, TX on January 25, 

2008. 

Delisa Kik, 

Acting Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 08–525 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0024; Airspace 

Docket No. 08–AGL–4] 

Establishment of Class E5 Airspace; 

Black River Falls, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E5 airspace at Black River Falls, WI. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7669 

new RNAV Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures (SIAP) at Black River Falls 

Area. The FAA proposes this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) aircraft 

operations at Black River Falls Area 

Airport, Black River Falls, WI. 

DATES: Effective Dates: 0901 UTC April 

10, 2008. Comments for inclusion in the 

rules Docket must be received by March 

27, 2008. 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. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2008–

0024/Airspace Docket No. 08–AGL–4, at 

the beginning of your comments. You 

may also submit comments through the 

Internet at http://regulations.gov. You 

may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office, telephone number 1–

800–647–5527, is on the ground floor of 

the building at the above address. 

FOR FURTHER INFORMATION CONTACT: Joe 

Yadouga, Central Service Center, 

System Support Group, Federal 

Aviation Administration, Southwest 

Region, Fort Worth, Texas 76193–0530; 

telephone number (817) 222–5597. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. Unless a 

written adverse or negative comment or 

a written notice of intent to submit an 

adverse or negative comment is received 

within the comment period, the 

regulation will become effective on the 

date specified above. After the close of 

the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date of the rule. 

If the FAA receives, within the 

comment period, an adverse or negative 

comment, or written comment notice of 

intent to submit such a comment, a 

document withdrawing the direct final 

rule will be published in the Federal 

Register, and a notice of proposed 

rulemaking may be published with a 

new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from http://www.regulations.gov. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

caption ADDRESSES above or through the 

Web site. All communications received 

on or before the closing date for 

comments will be considered, and this 

rule may be amended or withdrawn in 

light of the comments received. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E5 airspace at Black 

River Falls, WI providing the airspace 

required to support the new RNAV 

(GPS) Runway 08 approach developed 

for IFR landings at Black River Falls 

Area Airport. No Class E5 airspace 

exists in the area so new airspace must 

be developed which will serve IFR 

operations into Black River Falls Area 

Airport. Controlled airspace extending 

upward from the surface is required to 

encompass all SIAP and for the safety of 

IFR operations at Black River Falls Area 

Airport, Black River Falls, WI. 

Designations for Class E5 airspace areas 

extending upward from 700 feet above 

the surface of the earth are published in 

the FAA Order 7400.9R, signed August 

15, 2007 and effective September 15, 

2007, which is incorporated by 

reference in 14 CFR Part 71.1. Class E5 

designations listed in this document 

will be published subsequently in the 

Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implication under Executive 

Order 13132. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 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 Class E5 airspace near Black 

River Falls, WI. 

Lists 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 

Designation and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

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7670 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

Paragraph 6005 Class E5 airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

AGL WI E5 Black River Falls, WI 

Black River Falls Area Airport 

(lat. 44°15′02.7′′ N., long. 90°51′19.01′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Black River Falls Area Airport and 

within 3.9 miles each side of RNAV (GPS) 

Runway 08 approach course and extending 

from 6.4-mile radius to 8.8 miles west of the 

airport. This airspace is effective during 

specific dates and times established in 

advance by Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

* * * * * 

Issued in Fort Worth, TX on January 25, 

2008. 

Delisa Kik, 

Acting Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 08–528 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF STATE 

22 CFR Part 42 

[Public Notice: 6100] 

Visas: Documentation of Immigrants 

Under the Immigration and Nationality 

Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule revises the photo 

requirement as part of the application 

process for a Diversity Immigrant Visa, 

to require that the photo be in color. 

Color photographs enhance facial 

recognition and reduce the opportunity 

for fraud. 

DATES: This rule is effective February 

11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Charles Robertson, Legislation and 

Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520–

0106, (202) 663–1202, e-mail 

(robertsonce@state.gov). 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

In the past, photographs submitted at 

the time of electronically filing petitions 

for consideration under INA 203(c) for 

issuance of diversity immigrant visas 

could be in either color or black and 

white. As part of the general 

harmonization of photo requirements 

for all visa functions, this requirement 

is being amended to make color photos 

the only acceptable photographs for a 

petition for consideration for diversity 

visa issuance. Compared to black and 

white, color photographs enhance the 

facial recognition process and reduce 

the opportunity for fraud. 

Regulatory Findings 

Administrative Procedure Act 

This regulation involves a foreign 

affairs function of the United States and, 

therefore, in accordance with 5 U.S.C. 

553(a)(1), is not subject to the rule 

making procedures set forth at 5 U.S.C. 

553. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This regulates 

individual aliens who seek 

consideration for diversity immigrant 

visas and does not affect any small 

entities, as defined in 5 U.S.C. 601(6). 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 48, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

Executive Order 12866 and has 

determined that the benefits of the 

proposed regulation justify its costs. The 

Department does not consider the 

proposed rule to be an economically 

significant action within the scope of 

section 3(f)(1) of the Executive Order 

since it is not likely to have an annual 

effect on the economy of $100 million 

or more or to adversely affect in a 

material way the economy, a sector of 

the economy, competition, jobs, the 

environment, public health or safety, or 

state, local or tribal governments or 

communities. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 42 

Immigration, Photographs, Visas. 

■ Accordingly, for the reasons set forth 

above, Title 22 part 42 is amended as 

follows: 

PART 42—[AMENDED] 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104; Pub. L. 107–56, 

sec. 421. 

■ 2. Revise § 42.33 paragraph (b)(2) (iii) 

to read as follows: 

§ 42.33 Diversity immigrants. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) The image must be in color. 

* * * * * 

Dated: January 31, 2008. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E8–2463 Filed 2–8–08; 8:45 am] 

BILLING CODE 4710–06–P 

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