56476 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

published continuously in the Airport/ 

Facility Directory. The FAA is 

amending Title 14, Code of Federal 

Regulations (14 CFR) part 71 by 

modifying the Class D and E airspace 

description at Brunswick NAS to reflect 

the effective times of the Air Traffic 

Control Tower’s operation. Designations 

for Class D and E airspace areas 

extending upward from the surface of 

the Earth are published in FAA Order 

7400.9R, signed August 15, 2007 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class D and 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 implications 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 modifies controlled airspace at 

Brunswick, ME. 

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 

Designations and Reporting Points, 

signed August 15, 2007, effective 

September 15, 2007, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ANE ME D Brunswick, ME [REVISED] 

Brunswick NAS Airport, 

(Lat. 43°53′32′′ N., long 69°56′19′′ W.) 

That airspace extending upward from the 

surface of the Earth to and including 2,600 

feet MSL within a 4.3-mile radius of 

Brunswick NAS. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

ANE ME E4 Brunswick, ME [REVISED] 

Brunswick NAS Airport, 

(Lat. 43°53′32′′ N., long 69°56′19′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 169° 

bearing from the Brunswick NAS extending 

from the 4.3-mile radius of the airport to 6.5 

miles south of the airport and within 2 miles 

each side of the 017° bearing from the 

Brunswick NAS extending from the 4.3-mile 

radius of the airport to 9.5 miles northeast of 

the airport. This Class E airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on 

September 3, 2008. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E8–22452 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0881; Airspace 

Docket No. 08–AAL–23] 

Revision of and Revocation to 

Compulsory Reporting Points; Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises the 

published description of three low 

altitude Alaskan compulsory reporting 

points, two high altitude reporting 

points, and revokes one high and low 

altitude reporting point in the vicinity 

of Bethel and Ketchikan. Specifically, 

the FAA is revising the description of 

CRACK, GARRS and MOCHA to address 

recent technical adjustments to their 

actual locations. Additionally, the FAA 

has determined that the FLUKE 

reporting point is no longer needed in 

the National Airspace System (NAS). 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. 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: Ken 

McElroy, Airspace and Rules, Office of 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The National Flight Data Center has 

identified these three compulsory 

reporting points requiring their 

published description be revised to 

align with their actual locations. No 

changes to routing or procedures are 

taking place. One point, FLUKE is no 

longer needed for air traffic control and 

is being revoked. Accordingly, since this 

is an administrative change and does 

not involve a change in the dimension 

or operating procedures of this airspace, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary; a Notice 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56477 

of Proposed Rulemaking is not required 

for this action. 

Alaskan Low Altitude Reporting 

Points are listed in paragraph 7004 of 

FAA Order 7400.9R signed August 15, 

2007, and effective September 15, 2007, 

which is incorporated by reference in 14 

CFR 71.1. Alaskan High Altitude 

Reporting Points are listed in paragraph 

7005 of FAA Order 7400.9R signed 

August 15, 2007, and effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Reporting Points listed in this 

document will be revised subsequently 

in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising the Low Altitude Reporting 

Points; CRACK, GARRS, and MOCHA; 

and the High Altitude Reporting Points; 

GARRS, and MOCHA to match the 

published description with their actual 

locations. The high and low altitude 

reporting point FLUKE is being revoked. 

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 Department of 

Transportation (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 the 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 amends Low and High Altitude 

Compulsory Reporting Points in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures. This airspace 

action is not expected to cause any 

potentially significant environmental 

impacts, and no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment. 

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 FAA Order 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007, and 

effective September 15, 2007, is 

amended as follows: 

Paragraph 7004 Alaskan Low Altitude 

Reporting Points. 

* * * * * 

CRACK: [Amended] 

Lat. 57°20′48′′ N., long. 159°24′19′′ W. (INT 

King Salmon, AK, LOM 226°, Port Heiden, 

AK, NDB 314° bearings). 

GARRS: [Amended] 

Lat. 58°19′06′′ N., long. 161°20′32′′ W. (INT 

King Salmon, AK, LOM 262°, Cape 

Newenham, AK, NDB 131° bearings). 

MOCHA: [Amended] 

Lat. 54°30′24′′ N., long. 133°01′15′′ W. (INT 

Nichols, AK, NDB 236°, Sandspit, BC, 

Canada, NDB 331° bearings). 

FLUKE: [Revoked] 

* * * * * 

Paragraph 7005 Alaskan High Altitude 

Reporting Points. 

* * * * * 

GARRS: [Amended] 

Lat. 58°19′06′′ N., long. 161°20′32′′ W. (INT 

King Salmon, AK, LOM 262°, Cape 

Newenham, AK, NDB 131° bearings). 

MOCHA: [Amended] 

Lat. 54°30′24′′ N., long. 133°01′15′′ W. (INT 

Annette Island, AK, 237°, Sandspit, BC, 

Canada, 331° radials). 

FLUKE: [Revoked] 

* * * * * 

Issued in Washington, DC, on September 

12, 2008. 

Edith V. Parish, 

Manager, Airspace & Rules Group. 

[FR Doc. E8–22648 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2004–P–0205] (formerly 

Docket No. 2004P–0464) 

Food Labeling: Health Claims; Calcium 

and Osteoporosis, and Calcium, 

Vitamin D, and Osteoporosis 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending its 

labeling regulation authorizing a health 

claim on the relationship between 

calcium and a reduced risk of 

osteoporosis to include vitamin D so 

that, in addition to the claim for calcium 

and osteoporosis, an additional claim 

can be made for calcium and vitamin D 

and osteoporosis; eliminate the 

requirement that the claim list sex, race, 

and age as specific risk factors for the 

development of osteoporosis; eliminate 

the requirement that the claim does not 

state or imply that the risk of 

osteoporosis is equally applicable to the 

general U.S. population, and that the 

claim identify the populations at 

particular risk for the development of 

osteoporosis; eliminate the requirement 

that the claim identify the mechanism 

by which calcium reduces the risk of 

osteoporosis and instead make it 

optional; eliminate the requirement that 

the claim include a statement that a 

total dietary intake greater than 200 

percent of the recommended daily 

intake (2,000 milligrams (mg) of 

calcium) has no further benefit to bone 

health when the food contains 400 mg 

or more of calcium per reference 

amount customarily consumed or per 

total daily recommended supplement 

intake; and allow reference for the need 

of physical activity in either of the 

health claims to be optional rather then 

required. This final rule is, in part, in 


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