9220 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

creating Class E airspace extending 

upward from 700 feet above the surface 

to accommodate the new COPTER 

RNAV (POINT–IN–SPACE) standard 

instrument approach procedures at Ball 

Memorial Hospital Heliport, Muncie, 

IN. This action is necessary for the 

safety and management of IFR 

operations at the heliport. This action 

also corrects the airport name listed in 

the regulatory text for Muncie, IN, from 

‘‘Purdue University Airport’’ to 

‘‘Delaware County Regional Airport’’. 

With the exception of editorial changes 

and the changes described above, this 

action is the same as that proposed in 

the NPRM. 

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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

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 creates controlled 

airspace at Ball Memorial Hospital 

Heliport, Muncie, IN. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL IN E5 Muncie, IN [Amended] 

Muncie, Delaware County Regional Airport, 

IN 

(Lat. 40°14′33′′ N., long. 85°23′45′′ W.) 

Muncie, Ball Memorial Hospital Heliport, IN 

Point In Space 

(Lat. 40°11′50′′ N., long. 85°25′52′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Delaware County Regional Airport, and 

within a 6-mile radius of the Ball Memorial 

Hospital Heliport point in space coordinates 

at lat. 40°11′50′′ N., long. 85°25′52′′ W. 

Issued in Fort Worth, Texas, on February 

8, 2011. 

Richard J. Kervin, Jr. 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–3549 Filed 2–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1031; Airspace 

Docket No. 10–AGL–19] 

Establishment of Class E Airspace; 

Martinsville, IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Martinsville, IN, to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures (SIAP) at Morgan Hospital 

Heliport, Martinsville, IN. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at the heliport. 

DATES: Effective date: 0901 UTC, May 5, 

2011. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On November 8, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace for 

Martinsville, IN, creating additional 

controlled airspace at Morgan Hospital 

Heliport (75 FR 68557) Docket No. 

FAA–2010–1031. 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 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

to accommodate the new COPTER 

RNAV (POINT-IN-SPACE) standard 

instrument approach procedures at 

Morgan Hospital Heliport, Martinsville, 

IN. This action is necessary for the 

safety and management of IFR 

operations at the heliport. 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9221 

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 U.S. Code. Subtitle 1, 

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 controlled 

airspace at Morgan Hospital Heliport, 

Martinsville, IN. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL IN E5 Martinsville, IN [New] 

Martinsville, Morgan Hospital Heliport, IN 

Point in Space 

(Lat. 39°25′00′′ N., long. 86°24′49′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Morgan Hospital Heliport point in 

space at lat. 39°25′00′′ N., long. 86°24′49′′ W. 

Issued in Fort Worth, Texas, on February 

8, 2011. 

Richard J. Kervin, Jr., 

Acting Manager Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–3550 Filed 2–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0039] 

RIN 1625–AA08 

Special Local Regulations; Patriot 

Challenge Kayak Race, Ashley River, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

the Patriot Challenge Kayak Race in 

Charleston, SC. The race will take place 

on April 10, 2011 on the Ashley River. 

These special local regulations are 

necessary to insure the safety of life on 

navigable waters during the race. These 

special local regulations will 

temporarily restrict vessel traffic in a 

portion of the Ashley River, preventing 

non-participant vessels from entering 

the regulated areas. 

DATES: This rule is effective from 1 p.m. 

until 3 p.m. on April 10, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0039 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0039 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Lieutenant Julie E. Blanchfield, 

Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone 843–740–3184, e-mail 

Julie.E.Blanchfield@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive notice of 

the Patriot Challenge Kayak Race with 

sufficient time to publish an NPRM in 

advance of the effective date of this rule. 

Any delay in the effective date of this 

rule would be contrary to the public 

interest because immediate action is 

needed to minimize potential danger to 

the race participants as well as the 

general public. 

Background and Purpose 

On April 10, 2011, the Patriot 

Challenge Kayak Race is scheduled to 

take place on the Ashley River in 

Charleston, SC. The race will consist of 

approximately 100 vessels, including 

race kayaks. The race will commence at 

Brittlebank Park, transit the Ashley 

River, head north between Shutes Folly 

Island and the Charleston peninsula, 

and then turn around in Tidewater 

Reach. The race will then return to 

Brittlebank Park by the same route. 

These special local regulations are 

necessary to protect race participants, 

spectators, and other persons and 

vessels from the hazards associated with 

the race. 

Discussion of Rule 

The special local regulations consist 

of a series of buffer zones around race 

participant vessels. These buffer zones 

are as follows: (1) All waters within 75 

yards in front of the lead safety vessel; 

(2) all waters within 75 yards behind the 

last safety vessel; and (3) all waters 

within 100 yards on either side of each 

participating vessel, including race 

kayaks. Information regarding the 

identity of the lead safety vessel and the 

last safety vessel will be provided prior 

to the race via broadcast notice to 

mariners and marine safety information 

bulletins. Persons and vessels are 

prohibited from entering, transiting 


jlentini on DSKJ8SOYB1PROD with RULES