Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 45607 

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. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

direct final rule. Comments are 

specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the direct final rule. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this rule must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0024, Airspace 

Docket No. 08–AGL–4.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 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amended or withdrawn in light of the 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 

modifies Class E airspace at Black River 

Falls, WI, by providing additional 

airspace required to support the new 

RNAV (GPS) Runway 08 approach 

developed for IFR landings at Black 

River Falls Area Airport. Controlled 

airspace extending upward from 700 

feet above the surface is required to 

encompass all SIAPs and for the safety 

of IFR operations at Black River Falls 

Area Airport, Black River Falls, WI. 

Designations for Class E 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 E 

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 

provides additional controlled airspace 

at Black River Falls Area Airport, WI. 

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 

Designation and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet above the 

surface of the earth. 

* * * * * 

AGL WI E5 Black River Falls, WI 

[Amended] 

Black River Falls Area Airport 

(Lat. 44°15′03′′ N., long. 90°51′19′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Black River Falls Area Airport 

and within 3.85 miles each side of the 260° 

bearing from the Black River Falls Area 

Airport extending from the 6.4-mile radius to 

8.8 miles southwest of the airport. 

* * * * * 

Issued in Fort Worth, TX, on July 3, 2008. 

Richard H. Farrell, III, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–17559 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0003; Airspace 

Docket No. 08–ASW–1] 

Establishment of Class E Airspace; 

Lexington, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E airspace at Lexington, OK. New Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) at 

Muldrow Army Heliport make this 

action necessary. This action will 

enhance the safety and management of 

Instrument Flight Rules (JFR) aircraft 


yshivers on PROD1PC62 with RULES
45608 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 

operations at Muldrow Army Heliport, 

Lexington, OK. 

DATES: Effective Dates: 0901 UTC 

September 25, 2008. Comments for 

inclusion in the rules Docket must be 

received September 22, 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 

direct final rule 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–

0003/Airspace Docket No. 08–ASW–1, 

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 direct final rule, 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: Gary 

Mallett, NISC Contractor, Operations 

Support Group, ATO Central Service 

Center, Federal Aviation 

Administration, Southwest Region, Fort 

Worth, Texas 76193–0530; at telephone 

number (817) 222–4949. 

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. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

direct final rule. Comments are 

specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the direct final rule. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this rule must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0003, Airspace 

Docket No. 08–ASW–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 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 E airspace at 

Lexington, OK, providing the airspace 

required to support the new 175° Copter 

RNAV (GPS) approach developed for 

IFR landings at Muldrow Army 

Heliport. Controlled airspace extending 

upward from the surface is required to 

encompass all SIAPs and for the safety 

of IFR operations at Muldrow Army 

Heliport. Designations for Class E 

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 71.1. Class E 

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 E airspace at Muldrow 

Army Heliport, Lexington, OK. 

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 


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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 45609 

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, OK 

(Lat. 35°01′35′′ N., long. 97°13′54′′ W.) 

Muldrow NDB 

(Lat. 35°01′44′′ N., long. 97°13′50′′ 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 and 

within 3 miles each side of the 355° bearing 

from the Muldrow NDB extending from the 

3.7-mile radius of the heliport to 6.8 miles 

north of the heliport. 

* * * * * 

Issued in Fort Worth, TX, on July 3, 2008. 

Richard H. Farrell, III, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–17560 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 388 

[Docket No. RM06–23–000] 

Critical Energy Information 

Infrastructure 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to the final regulations 

(Docket No. RM06–23–000) which were 

published in the Federal Register of 

Wednesday, November 14, 2007. The 

final rule document amended 

regulations for gaining access to critical 

energy infrastructure information (CEII). 

DATES: Effective Date: August 6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey H. Kaplan, Office of the General 

Counsel, 888 First Street, NE., 

Washington, DC 20426, 202–502–8305. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of these corrections amended 18 

CFR 388.109 and affect the 

Commission’s fees for records requests. 

Need for Correction 

As published, the final regulations 

contained errors which involved the 

removal of subparagraphs from 18 CFR 

388.109(b). These subparagraphs 

contain critical information addressing 

fees for records requests. 

List of Subjects in 18 CFR Part 388 

Confidential business information, 

Freedom of information. 

■ Accordingly, 18 CFR part 388 is 

corrected by making the following 

correcting amendment: 

PART 388—INFORMATION AND 

REQUESTS 

■ 1. The authority citation for part 388 

continues to read as follows: 

Authority: 5 U.S.C. 301–305, 551, 552 (as 

amended), 553–557, 41 U.S.C. 7101–7352. 

■ 2. Section 388.109(b) is amended by 

adding paragraphs (b)(1), (b)(2), (b)(3), 

(b)(4) and (b)(5) to read as follows: 

§ 388.109 Fees for record requests. 

* * * * * 

(b) * * * 

(1) Definitions: For the purpose of 

paragraph (b) of this section. 

(i) Commercial use request means a 

request from or on behalf of one who 

seeks information for a use or purpose 

that furthers commercial trade, or profit 

interests as these phrases are commonly 

known or have been interpreted by the 

courts in the context of the Freedom of 

Information Act. 

(ii) Educational institution refers to a 

preschool, a public or private 

elementary or secondary school, an 

institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional 

education, and an institution of 

vocational education, which operates a 

program of scholarly research. 

(iii) Noncommercial scientific 

institution refers to an installation that 

is not operated on a commercial basis 

and which is operated solely for the 

purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry. 

(iv) Representatives of the news media 

refers to any person actively gathering 

news for an entity that is organized and 

operated to publish or broadcast news to 

the public. The term news means 

information that is about current events 

that would be of current interest to the 

public. Examples of news media entities 

include television or radio stations 

broadcasting to the public at large, and 

publishers of periodicals (but only in 

those instances when the periodicals 

can qualify as disseminations of 

‘‘news’’) who make their products 

available for purchase or subscription 

by the general public. These examples 

are not intended to be all-inclusive. 

Moreover, as traditional methods of 

news delivery evolve (e.g. electronic 

dissemination of newspapers through 

telecommunication services), such 

alternative media may be included in 

this category. A freelance journalist may 

be regarded as working for a news 

organization if the journalist can 

demonstrate a solid basis for expecting 

publication through that organization, 

even though the journalist is not 

actually employed by the news 

organization. A publication contract 

would be the clearest proof, but the 

Commission may also look to the past 

publication record of a requester in 

making this determination. 

(2) Fees. (i) If documents are 

requested for commercial use, the 

Commission will charge the employee’s 

hourly pay rate plus 16% for benefits for 

document search time and for document 

review time, and 15 cents per page for 

duplication. Commercial use requests 

are not entitled to two hours of free 

search time or 100 free pages of 

reproduction of documents. 

(ii) If documents are not sought for 

commercial use and the request is made 

by an educational or non-commercial 

scientific institution, whose purpose is 

scholarly or scientific research, or a 

representative of the news media, the 

Commission will charge 15 cents per 

page for duplication. There is no charge 

for the first 100 pages. 

(iii) For a request not described in 

paragraphs (b)(2)(i) or (ii) of this section, 

the Commission will charge the 

employees hourly pay rate plus 16 

percent for benefits for document search 

and 15 cents per page for duplication. 

There is no charge for the first 100 pages 

of reproduction and the first two hours 

of search time will be furnished without 

charge. 

(iv) The Director, Office of External 

Affairs, will normally provide 

documents by regular mail, with postage 

prepaid by the Commission. However, 

the requester may authorize special 

delivery, such as express mail, at the 

requester’s own expense. 

(v) The Commission, or its designee, 

may establish minimum fees below 

which no charges will be collected, if it 

determines that the costs of routine 

collection and processing of the fees are 

likely to equal or exceed the amount of 

the fees. If total fees assessed by 

Commission staff for a Freedom of 

Information Act request are less than the 

appropriate threshold, the Commission 

may not charge the requesters. 


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