54860 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Proposed Rules 

(14 CFR) part 71 to establish VOR 

Federal airway V–629 near Las Vegas, 

NV. The proposed route would extend 

between a point approximately 26 NM 

northeast of the Goffs, CA, VORTAC and 

the Boulder City, NV, VORTAC. The 

purpose of the proposed route is to 

increase the efficiency of the NAS in the 

vicinity of Las Vegas and to provide 

positive course guidance for aircraft 

navigating in an area of marginal radar 

coverage. 

VOR Federal airways are published in 

paragraph 6010 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The airway listed in this document 

would be subsequently published in the 

Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 proposed 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 modifies the route structure as 

required to preserve the safe and 

efficient flow of air traffic in the Las 

Vegas, NV, area. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 7400.9V, 

Airspace Designations and Reporting 

Points, Dated August 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6010 Domestic VOR Federal 

airways. 

* * * * * 

V–629 [New] 

From INT Goffs, CA, 033°(T)/018°(M) and 

the Boulder City, NV, 182°(T)/167°(M) 

radials to Boulder City. 

Issued in Washington, DC, on August 28, 

2012. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2012–21824 Filed 9–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0867; Airspace 

Docket No. 12–AGL–4] 

RIN 2120–AA66 

Proposed Modification of VOR Federal 

Airway V–170 in the Vicinity of Devils 

Lake, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify VHF Omnidirectional Range 

(VOR) Federal airway V–170 between 

Devils Lake, ND (DVL), and Jamestown, 

ND (JMS). The FAA is proposing this 

action to ensure the airway provides the 

necessary clearance from the western 

boundary of the newly established 

restricted area R–5402, Devils Lake, ND, 

to support non-radar separation 

requirements when the restricted area is 

active. 

DATES: Comments must be received on 

or before October 22, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2012–0867 and 

Airspace Docket No. 12–AGL–4 at the 

beginning of your comments. You may 

also submit comments through the 

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

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace Policy & ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2012–0867 and Airspace Docket No. 12– 

AGL–4) and be submitted in triplicate to 

the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2012–0867 and 

Airspace Docket No. 12–AGL–4.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Proposed Rules 54861 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Central Service Center, Operations 

Support Group, Federal Aviation 

Administration, 2601 Meacham Blvd., 

Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

The Minneapolis Air Route Traffic 

Control Center requested the 

establishment of a new VOR Federal 

airway between DVL and JMS, west of 

V–170, to provide necessary clearance 

from the western boundary of R–5402, 

established for hazardous laser training 

activities, in support of non-radar 

separation requirements. Their request 

proposed the new airway use the DVL 

VOR 180° (M) and JMS VOR 327° (M) 

radials to provide the required nonradar separation and airway clearance 

from R–5402, regardless of the restricted 

area status, as well as 15 degrees of 

separation from V–170. The Central 

Service Center (CSC) conducted a 

feasibility review of the request and 

recommended amending the existing V– 

170 airway between DVL and JMS 

instead of creating a new airway in that 

area. 

The Feasibility Review Panel 

considered potential impacts to flight 

procedures, safety, environmental, air 

traffic control procedures, and other 

pending en route or terminal actions in 

their review, and determined that 

amending V–170 between DVL and JMS 

would be the best alternative. They also 

determined that inserting a slight 

‘‘dogleg’’ to the west, in V–170 between 

DVL and JMS, would provide a nonradar routing clear of R–5402 and allow 

nonparticipating aircraft below 8,000 

feet MSL to have unimpeded transit 

between DVL and JMS. 

This proposed action to amend V–170 

is expected to ensure availability of the 

airway between DVL and JMS regardless 

of restricted area status with minimal 

impact to the aviation community. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to modify V–170 

between Devils Lake, ND, and 

Jamestown, ND, by inserting a slight 

dogleg west of the current location. This 

action is proposed as a result of the V– 

170 airway width abeam R–5402 

overlapping the western boundary of the 

recently established R–5402 and to 

retain the availability of the navigation 

route structure between DVL and JMS 

regardless of the activation status of R– 

5402. 

The FAA proposes using the DVL 

VOR 187° (T)/180° (M) and JMS VOR 

337° (T)/327° (M) radials to redefine the 

airway segment and establish the 

FARRM fix at the intersection of the 

DVL VOR 187° (T)/180° (M) and JMS 

VOR 337° (T)/327° (M) radials. The 

FARRM fix would be described as the 

intersection of those navigation aid 

radials in the legal description. 

Specifically, the V–170 description 

would be amended by replacing the 

‘‘Jamestown, ND;’’ reference with ‘‘INT 

Devils Lake 187° (T)/180° (M) and 

Jamestown, ND, 337° (T)/327° (M) 

radials; Jamestown;’’. The magnetic 

radial information would be removed in 

the final rule. This proposed 

modification to V–170 would add less 

than three nautical miles to the existing 

airway segment, ensure availability of 

V–170 between DVL and JMS regardless 

of the status of R–5402, reduce airspace 

complexity in the area, and enhance 

flight safety. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.9V dated August 9, 2011 and 

effective September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal Airways listed in 

this document would be subsequently 

published in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 proposed 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 proposes to modify VOR Federal 

Airways in the vicinity of Devils Lake, 

ND. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 the FAA Order 7400.9V, 

Airspace Designations and Reporting 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
54862 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Proposed Rules 

Points, dated August 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways 

* * * * * 

V–170 [Amended] 

From Devils Lake, ND; INT Devils Lake 

187° (T)/180° (M) and Jamestown, ND, 337° 

(T)/327° (M) radials; Jamestown; Aberdeen, 

SD; Sioux Falls, SD; Worthington, MN; 

Fairmont, MN; Rochester, MN; Nodine, MN; 

Dells, WI; INT Dells 097° and Badger, WI, 

304° radials; Badger; INT Badger 121° and 

Pullman, MI, 282° radials; Pullman; Salem, 

MI. From Erie, PA; Bradford, PA; Slate Run, 

PA; Selinsgrove, PA; Ravine, PA; INT Ravine 

125° and Modena, PA, 318° radials; Modena; 

Dupont, DE; INT Dupont 223° and Andrews, 

MD, 060° radials; to INT Andrews 060° and 

Baltimore, MD, 165° radials. The airspace 

within R–5802 is excluded. 

Issued in Washington, DC, on August 28, 

2012. 

Gary A. Norek, 

Manager, Airspace Policy & ATC Procedures 

Group. 

[FR Doc. 2012–21827 Filed 9–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2012–C–0900] 

GNT USA, Inc.; Filing of Color Additive 

Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that GNT USA, Inc. (GNT) has filed a 

petition proposing that the color 

additive regulations be amended to 

provide for the safe use of spirulina 

concentrate, made from the edible bluegreen cyanobacterium Arthrospira 

platensis (also known as Spirulina 

platensis) as a color additive in food. 

FOR FURTHER INFORMATION CONTACT: 

Raphael A. Davy, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1272. 

SUPPLEMENTARY INFORMATION: Under the 

Federal Food, Drug, and Cosmetic Act 

(section 721(d)(1) (21 U.S.C. 

379e(d)(1))), notice is given that a color 

additive petition (CAP 2C0297) has been 

filed by GNT, c/o Hogan Lovells US 

LLP, Columbia Square, 555 Thirteenth 

St. NW., Washington, DC 20004. The 

petition proposes to amend the color 

additive regulations in 21 CFR part 73, 

Listing of Color Additives Exempt From 

Certification to provide for the safe use 

of spirulina concentrate made from the 

edible blue-green cyanobacterium 

Arthrospira platensis (also known as 

Spirulina platensis) as a color additive 

in food. 

The Agency has determined under 21 

CFR 25.32(k) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Dated: August 31, 2012. 

Dennis M. Keefe, 

Director, Office of Food Additive Safety, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. 2012–21917 Filed 9–5–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–138489–09] 

RIN 1545–BI93 

Integrated Hedging Transactions of 

Qualifying Debt 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS and the Treasury 

Department are issuing temporary 

regulations (TD 9598) under section 

988(d) of the Internal Revenue Code. 

These regulations address certain 

integrated transactions that involve a 

foreign currency denominated debt 

instrument and multiple associated 

hedging transactions. The text of the 

temporary regulations also serves as the 

text of these proposed regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by December 5, 2012. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–138489–09), room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–138489–09), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC, or sent electronically, 

via the Federal eRulemaking Portal at 

www.regulations.gov (IRS and REG– 

138489–09). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, Sheila 

Ramaswamy, at (202) 622–3870; 

concerning submissions and delivery of 

comments, Oluwafunmilayo Taylor, 

202–622–7180 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The temporary regulations published 

in the Rules and Regulations section of 

this issue of the Federal Register 

provide guidance regarding certain 

integrated transactions that involve a 

foreign currency denominated debt 

instrument and multiple associated 

hedging transactions. The text of those 

temporary regulations also serves as the 

text of these proposed regulations. The 

preamble to the temporary regulations 

explains the temporary regulations and 

these proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because these 

regulations do not impose a collection 

of information on small entities, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. chapter 6) do not apply. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, this notice of 

proposed rulemaking will be submitted 

to the Chief Counsel for Advocacy of the 

Small Business Administration for 

comment on its impact on small 

business. 

Comments and Public Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. The IRS 

and the Treasury Department request 

comments on the clarity of the proposed 

rules and how they can be made easier 

to understand. All comments will be 

available for public inspection and 

copying. A public hearing may be 

scheduled if requested in writing by any 

person that timely submits written 

comments. If a public hearing is 

scheduled, notice of the date, time, and 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS