60622 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 

grantor’s ownership in the trust, the 

account will continue to be insured 

under the provisions of this section. 

(i) This section shall be effective as of 

October 14, 2008 for all existing and 

future revocable trust accounts and for 

existing and future irrevocable trust 

accounts resulting from formal 

revocable trust accounts. 

Appendix to Part 745—[Amended] 

■ 3. The appendix to part 745 is 

amended by removing Section B and by 

redesignating Sections C through G as B 

through F respectively. 

[FR Doc. E8–23922 Filed 10–10–08; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0983; Airspace 

Docket No. 08–ASO–14] 

Modification of Class D Airspace; 

MacDill AFB, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies Class D 

Airspace at MacDill AFB, FL. The 

MacDill AFB Air Traffic Control Tower 

no longer operates on a full time basis; 

therefore, the Class D Airspace 

associated with the tower operations 

must be modified to reflect the times 

when the controlled airspace is 

effective. This action enhances the 

National Airspace System by relaxing 

the restrictions to the controlled 

airspace areas in the vicinity of MacDill 

AFB, FL. 

DATES: Effective 0901 UTC, January 15, 

2009. 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. Comments for inclusion 

in the Rules Docket must be received on 

or before November 28, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2008–0983; Airspace Docket No. 08– 

ASO–14, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

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. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

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. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

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. The direct final rule 

is used in this case to facilitate the 

timing of the charting schedule and 

enhance the operation at the airport, 

while still allowing and requesting 

public comment on this rulemaking 

action. An electronic copy of this 

document may be downloaded from and 

comments submitted through 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. Recently published 

rulemaking documents can also be 

accessed through the FAA’s Web page at 

http://www.faa.gov or the Federal 

Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0983; Airspace 

Docket No. 08–ASO–14.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class D airspace at MacDill 

AFB, FL, by adding to the description of 

the controlled airspace area the hours of 

operation of the Air Traffic Control 

Tower (ATCT) at MacDill AFB. The 

ATCT at MacDill AFB operates on an 

other than full-time basis and, therefore, 

the Class D Airspace associated with the 

tower operations must be modified to 

reflect the times when the controlled 

airspace is effective. Controlled airspace 

extending upward from the surface of 

the Earth is required to encompass the 

airspace necessary for instrument 

approaches for aircraft operating under 

Instrument Flight Rules (IFR). The 

current Class D airspace areas are 

sufficient for these approaches, so no 

additional controlled airspace must be 

defined. Effective times for the MacDill 

AFB Class D airspace areas will be 

published first by Notice to Airman, and 

then thereafter published continuously 


ebenthall on PROD1PC60 with RULES
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 60623 

in the Airport/Facility Directory. The 

FAA is amending Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the Class D airspace 

description at MacDill AFB to reflect the 

effective times of the Air Traffic Control 

Tower’s operation. Designations for 

Class D 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 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 

MacDill AFB, FL. 

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 

* * * * * 

ASO FL D MacDill AFB, FL [Revised] 

MacDill AFB, FL 

(Lat. 27°50′58′′ N., long 82°31′16′′ W.) 

Albert Whitted Airport 

(Lat. 27°45′54′′ N., long 82°37′37′′ W.) 

That airspace extending upward from the 

surface of the Earth to and including 2,600 

feet MSL within a 4.5-mile radius of MacDill 

AFB; excluding the portion within the 

Tampa International Airport, FL, Class B 

airspace area; excluding that portion 

southwest of a line connecting the 2 points 

of intersection with a 4-mile radius circle 

centered on the Albert Whitted Airport. 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. 

* * * * * 

Issued in College Park, Georgia, on 

September 26, 2008. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E8–24109 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30629; Amdt. No 3288] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective October 14, 

2008. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 14, 

2008. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169, or 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 


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