Review and Approval of Projects, 1272-1273 [E8-23]
Download as PDF
<![CDATA[
1272
Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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.
rmajette on PROD1PC64 with RULES
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.
VerDate Aug<31>2005
16:39 Jan 07, 2008
Jkt 214001
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
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:
I
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:
I
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
Susquehanna River Basin
Commission (SRBC).
ACTION: Final rule.
AGENCY:
SUMMARY: This document contains
amendments to project review
regulations. These amendments include
language clarifying the definition of
‘‘agricultural water use,’’ and providing
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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
https://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
E:\FR\FM\08JAR1.SGM
08JAR1
Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
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.
I 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:
I
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:
I
§ 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.
*
*
*
*
*
I 3. In § 806.4, revise paragraph (a)(1)
introductory text, paragraph (a)(3)
introductory text, and paragraph (b)(3)
to read as follows:
4. In § 806.6, revise paragraph (b)(3) to
read as follows:
I
rmajette on PROD1PC64 with RULES
§ 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
VerDate Aug<31>2005
16:39 Jan 07, 2008
Jkt 214001
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.
*
*
*
*
*
§ 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:
I
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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
1273
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2007–0185]
Drawbridge Operation Regulations;
Norwalk River, Norwalk, CT
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
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.
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.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\08JAR1.SGM
08JAR1
]]>Agencies
[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1272-1273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23]
=======================================================================
-----------------------------------------------------------------------
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 https://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
[[Page 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.
0
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
0
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.
0
2. In Sec. 806.3, revise the definition of ``agricultural water use''
to read as follows:
Sec. 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.
* * * * *
0
3. In Sec. 806.4, revise paragraph (a)(1) introductory text, paragraph
(a)(3) introductory text, and paragraph (b)(3) to read as follows:
Sec. 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
Sec. 806.13, and shall be subject to the standards set forth in Sec.
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 Sec. 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 Sec. 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 Sec. 806.13, and shall be subject to
the standards set forth in Sec. 806.24. The project sponsors of out-
of-basin 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.
* * * * *
0
4. In Sec. 806.6, revise paragraph (b)(3) to read as follows:
Sec. 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
0
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
