1272 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

History 

On September 18, 2007, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace at Wheatland, 

WY, (72 FR 53201). This action would 

improve the safety of IFR aircraft 

executing this new RNAV GPS SIAP 

approach procedure at Phifer Airfield, 

Wheatland, WY. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class E airspace designations are 

published in paragraph 6005 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 Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at 

Wheatland, WY. Additional controlled 

airspace is necessary to accommodate 

IFR aircraft executing a new RNAV 

(GPS) approach procedure at Phifer 

Airfield, Wheatland, WY. 

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 

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. 

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 

additional controlled airspace at Phifer 

Airfield, Wheatland, WY. 

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 14 CFR 

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 the Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations 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 or more 

above the surface of the earth. 

* * * * * 

ANM WY E5 Wheatland, WY [New] 

Wheatland, Phifer Airfield, WY 

(Lat. 43°03′20′′ N., long. 104°55′43′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of Phifer Airfield, WY and within 4 miles 

north and 4 miles south of the Phifer 

Airfield, WY 080° radial extending from the 

9-mile radius to 12.90 miles east of the Phifer 

Airfield, WY. 

* * * * * 

Issued in Seattle, Washington, on 

December 14, 2007. 

Clark Desing, 

Manager, System Support Group, Western 

Service Center. 

[FR Doc. E8–26 Filed 1–7–08; 8:45 am] 

BILLING CODE 4910–13–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Parts 806 and 808 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission (SRBC). 

ACTION: Final rule. 

SUMMARY: This document contains 

amendments to project review 

regulations. These amendments include 

language clarifying the definition of 

‘‘agricultural water use,’’ and providing 

a qualified exception to the 

consumptive use approval requirements 

for agricultural water use projects. Also, 

an error in the ‘‘Authority’’ citation for 

Part 808 is corrected. 

DATES: These rules are effective March 

15, 2008. 

ADDRESSES: Susquehanna River Basin 

Commission, 1721 N. Front Street, 

Harrisburg, PA 17102–2391. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 717–

238–0423; Fax: 717–238–2436; e-mail: 

rcairo@srbc.net. Also, for further 

information on the final rulemaking, 

visit the Commission’s Web site at 

http://www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose of 

Amendments 

Since 1995, SRBC has continued to 

suspend the application of its 

consumptive use regulation to 

agricultural water uses pending the 

implementation of a mitigation method 

that is more suited to agriculture’s 

unique circumstances. 

The Commission’s member states 

have taken definitive steps to support 

projects that will provide storage and 

release of water to mitigate agricultural 

water use in their jurisdictions and thus 

satisfy the standards for consumptive 

use mitigation set forth in 18 CFR 

806.22. The final rulemaking will 

amend 18 CFR 806.4 (a)(1) to provide an 

exception for agricultural water use 

projects from the consumptive use 

review and approval requirements of 18 

CFR 806.4 (a)(1) and (3), unless water is 

diverted for use beyond lands that are 

at least partially in the basin, and 

provided the Commission makes a 

determination that the state-sponsored 

projects are sufficient to meet the 

consumptive use mitigation standards 

contained in 18 CFR 806.22. 

A second amendment clarifies the 

definition of ‘‘agricultural water use’’ in 

18 CFR 806.3, 806.4 and 806.6 by 

inserting the word ‘‘products’’ after the 

word ‘‘turf.’’ This will clarify that the 

maintenance of turf grass as part of a 

project or facility, such as a golf course, 

does not constitute an agricultural water 

use. Only the raising of turf products for 

sale such as sod would constitute an 

agricultural water use with this 

clarification. 

A third amendment corrects an error 

made as part of the December 5, 2006 

rulemaking in the ‘‘Authority’’ citation 

to Part 808 by replacing the erroneous 

Sec. 3.5 (9) with the correct Sec. 3.4 (9). 

The Commission convened a public 

hearing on November 7, 2007 in 

Williamsport, PA and held the comment 


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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 1273 

period open until November 15, 2007. 

No public comments were received. 

List of Subjects in 18 CFR Parts 806 and 

808 

Administrative practice and 

procedure, Water resources. 

■ Accordingly, for the reasons set forth 

in the preamble, 18 CFR parts 806 and 

808 are amended as follows: 

PART 806—REVIEW AND APPROVAL 

OF PROJECTS 

Subpart A—General Provisions 

■ 1. The authority citation for part 806 

continues to read as follows: 

Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 

15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 

■ 2. In § 806.3, revise the definition of 

‘‘agricultural water use’’ to read as 

follows: 

§ 806.3 Definitions. 

* * * * * 

Agricultural water use. A water use 

associated primarily with the raising of 

food, fiber or forage crops, trees, 

flowers, shrubs, turf products, livestock 

and poultry. The term shall include 

aquaculture. 

* * * * * 

■ 3. In § 806.4, revise paragraph (a)(1) 

introductory text, paragraph (a)(3) 

introductory text, and paragraph (b)(3) 

to read as follows: 

§ 806.4 Projects requiring review and 

approval. 

(a) * * * 

(1) Consumptive use of water. Any 

consumptive use project described 

below shall require an application to be 

submitted in accordance with § 806.13, 

and shall be subject to the standards set 

forth in § 806.22, and, to the extent that 

it involves a withdrawal from 

groundwater or surface water, shall also 

be subject to the standards set forth in 

§ 806.23. Except to the extent that they 

involve the diversion of the waters of 

the basin, public water supplies shall be 

exempt from the requirements of this 

section regarding consumptive use; 

provided, however, that nothing in this 

section shall be construed to exempt 

individual consumptive users 

connected to any such public water 

supply from the requirements of this 

section. Provided the commission 

determines that low flow augmentation 

projects sponsored by the commission’s 

member states provide sufficient 

mitigation for agricultural water use to 

meet the standards set forth in § 806.22, 

and except as otherwise provided 

below, agricultural water use projects 

shall not be subject to the requirements 

of this paragraph (a)(1). 

Notwithstanding the foregoing, an 

agricultural water use project involving 

a diversion of the waters of the basin 

shall be subject to such requirements 

unless the property, or contiguous 

parcels of property, upon which the 

agricultural water use project occurs is 

located at least partially within the 

basin. 

* * * * * 

(3) Diversions. Except with respect to 

agricultural water use projects not 

subject to the requirements of paragraph 

(a)(1) of this section, the projects 

described below shall require an 

application to be submitted in 

accordance with § 806.13, and shall be 

subject to the standards set forth in 

§ 806.24. The project sponsors of out-ofbasin diversions shall also comply with 

all applicable requirements of this part 

relating to consumptive uses and 

withdrawals. 

* * * * * 

(b) * * * 

(3) Transfer of land used primarily for 

the raising of food, fiber or forage crops, 

trees, flowers, shrubs, turf products, 

livestock, or poultry, or for aquaculture, 

to the extent that, and for so long as, the 

project’s water use continues to be for 

such agricultural water use purposes. 

* * * * * 

■ 4. In § 806.6, revise paragraph (b)(3) to 

read as follows: 

§ 806.6 Transfers of approval. 

* * * * * 

(b) * * * 

(3) A project involving the transfer of 

land used primarily for the raising of 

food, fiber or forage crops, trees, 

flowers, shrubs, turf products, livestock 

or poultry, or for aquaculture, to the 

extent that, and for so long as, the 

project’s water use continues to be for 

such agricultural water use purposes. 

* * * * * 

PART 808—HEARINGS AND 

ENFORCEMENT ACTIONS 

■ 5. Revise the authority citation for part 

808 to read as follows: 

Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 

and 15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 

* * * * * 

Dated: December 17, 2007. 

Paul O. Swartz, 

Executive Director. 

[FR Doc. E8–23 Filed 1–7–08; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2007–0185] 

Drawbridge Operation Regulations; 

Norwalk River, Norwalk, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the 

Washington Street S136 Bridge, across 

the Norwalk River, mile 0.0, at Norwalk, 

Connecticut. This deviation allows the 

bridge owner to open only one of the 

two moveable spans for bridge openings 

between January 2, 2008 and March 31, 

2008. Vessels that require a full twospan bridge opening will be required to 

provide at least a twelve-hour advance 

notice by calling the bridge operator at 

(203) 866–7691. This deviation is 

necessary to facilitate scheduled bridge 

maintenance. 

DATES: This deviation is effective from 

January 2, 2008 through March 31, 2008. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7165. 

SUPPLEMENTARY INFORMATION: The 

Washington Street S136 Bridge, across 

the Norwalk River, mile 0.0, at Norwalk, 

Connecticut, has a vertical clearance in 

the closed position of 9 feet at mean 

high water and 16 feet at mean low 

water. The existing regulations are listed 

at 33 CFR 117.217(a). 

The owner of the bridge, Connecticut 

Department of Transportation, requested 

a temporary deviation to facilitate 

scheduled structural maintenance and 

painting at the bridge. 

In order to perform the structural and 

bridge painting operations, one of the 

two moveable spans must remain in the 

closed position in order to erect paint 

containment and perform the required 

bridge maintenance. 


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