42598 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2007–28632; Airspace 

Docket No. 07–ASW–3] 

RIN 2120–AA66 

Modification of Restricted Area 

R–3404; Crane, IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies 

Restricted Area R–3404 at Crane, IN, in 

support of U.S. Navy ordnance 

demolition activities. The FAA is taking 

this action to protect nonparticipating 

aircraft from blast fragments generated 

during the demilitarization and disposal 

of a variety of types of unexpended 

ordnance at the Naval Support Activity 

(NSA) Crane’s Demolition Range. 

DATES: Effective date 0901 UTC, 

September 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On Tuesday, October 23, 2007, the 

FAA published in the Federal Register 

a notice of proposed rulemaking 

(NPRM) to modify Restricted Area 

R–3404 at Crane, IN (72 FR 59971). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. There were six comments 

received during the NPRM comment 

period that raised two substantive 

concerns: (1) Impact to aircraft of a 

higher restricted area ceiling during 

icing conditions, and (2) lateral 

encroachment into VOR Federal Airway 

V–305. 

Five commenters stated the proposal 

would impact users due to the ceiling of 

R–3404 being raised from 2,500 feet 

mean sea level (MSL) to 4,100 feet MSL 

along a major flyway between 

Evansville, IN, and Indianapolis, IN, 

when icing conditions force aircraft to 

lower altitudes. The FAA does not 

agree. The existing restricted area 

airspace is 1⁄2 nautical mile (NM) in 

radius and has a ceiling up to 2,500 feet 

MSL. The proposed modification 

increases the airspace to a 1 NM radius 

from the center of the restricted area’s 

existing center point, making the 

restricted area 2 NM in diameter, and 

increases the ceiling to and including 

4,100 feet MSL. The aeronautical 

analysis of this proposal by the 

controlling air traffic control facilities 

determined that instrument flight rules 

(IFR) and visual flight rules (VFR) 

terminal operations would be minimally 

effected by this proposal, as well as 

minimum impact to public use or 

charted private airports. In the event IFR 

aircraft should encounter icing 

conditions when R–3404 is activated, 

those IFR aircraft will be vectored by air 

traffic control to remain clear of the 

restricted area. If VFR aircraft should 

encounter icing conditions when the 

restricted area is activated, they can 

easily circumnavigate the 2 NM 

diameter of the expanded restricted 

area. 

All six commenters expressed 

concern over the proposed expansion of 

R–3404, laterally and vertically, 

impacting the access to Federal Airway 

V–305 below 5,000 feet MSL. The FAA 

partially agrees. Although the proposed 

restricted area lies to the west of V–305 

and does not interfere with the 

centerline of the airway, IFR aircraft 

flying on V–305 at 3,000 feet MSL and 

4,000 feet MSL would be impacted 

when the proposed R–3404 is active. 

However, as mentioned previously, 

these aircraft could easily be vectored 

by air traffic control to remain clear of 

the proposed restricted area with 

minimal impact. With the 8 NM airway 

width of V–305, VFR aircraft following 

the Federal airway would not be 

required to leave the lateral confines of 

the airway to avoid the proposed 

expansion of R–3404. As mentioned 

above, they could easily circumnavigate 

the 2 NM diameter of the expanded 

restricted area to the east and still be 

following V–305. As a result, 

realignment of V–305 is also determined 

to be unnecessary. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

modifying R–3404 near Crane, IN. The 

modification centers the restricted area 

over NSA Crane’s blast area (lat. 

38°49′30′′ N., long. 86°50′08′′ W.), 

enlarges the restricted area from a 1⁄2

NM radius to a 1 NM radius, making the 

restricted area 2 NM in diameter; 

increases the ceiling from 2,500 feet 

MSL to and including 4,100 feet MSL; 

and changes the name of the using 

agency from ‘‘Commanding Officer, 

Naval Ammunition Depot, Crane, IN’’ to 

‘‘U.S. Navy, Crane Division, Naval 

Surface Warfare Center tenant of NSA 

Crane.’’ 

Section 73.34 of Title 14 CFR part 73 

was republished in FAA Order 7400.8S, 

effective February 16, 2010. 

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 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 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 R–3404, Crane, IN., for the 

protection of nonparticipating aircraft 

during the disposal of a variety of types 

of ordnance. 

Environmental Review 

Pursuant to Section 102(2) of the 

National Environmental Policy Act of 

1969 (NEPA), the Council on 

Environmental Quality (CEQ) 

regulations implementing NEPA (40 

CFR Parts 1500–1508), and other 

applicable law, the U.S. Navy prepared 

and published a Final Environmental 

Assessment (FEA) in June 2008 that 

analyzed the potential for 

environmental impacts associated with 

the proposed NSA Crane and Naval 

Surface Warfare Center (NSWC) 

Glendora Lake Test Facility 

requirements. In July 2009, the U.S. 

Navy issued a Finding of No Significant 

Impact (FONSI) based on the results of 

the FEA. In accordance with applicable 

CEQ regulations (40 CFR 1501.6) and 

the Memorandum of Understanding 

(MOU) between FAA and Department of 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Rules and Regulations 42599 

1 15 U.S.C. 77s(c). 

Defense (DOD) dated October 2005, the 

FAA was a cooperating agency on the 

FEA. 

The FAA has conducted an 

independent review of the FEA and is 

adopting the FEA for this action 

pursuant to 40 CFR 1506.3(a) and (c) 

and has issued an Adoption of FEA and 

FONSI/Record of Decision (ROD) dated 

May 2010. This final rule, which 

increases the vertical limit and lateral 

boundary of R–3404, will not result in 

significant environmental impacts. A 

copy of the FAA Adoption of FEA and 

FONSI/ROD has been placed in the 

public docket for this rulemaking. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.34 [Amended] 

■ 2. § 73.34 is amended as follows: 

* * * * * 

R–3404 Crane, IN [Revised] 

Boundaries. That airspace within a 1 NM 

radius of lat. 38°49′30′′ N., long. 86°50′08′′ W. 

Designated altitudes. Surface to and 

including 4,100 feet MSL. 

Time of designation. Sunrise to sunset, 

daily from May 1 through and including 

November 1. Other times by NOTAM 24 

hours in advance. 

Controlling agency. FAA, Terre Haute 

ATCT. 

Using agency. U.S. Navy, Crane Division, 

Naval Surface Warfare Center tenant of NSA 

Crane. 

Issued in Washington, DC, July 16, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–17951 Filed 7–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 234 

[Docket No. DOT–OST–2007–0022] 

RIN No. 2105–AE02 

Posting of Flight Delay Data on Web 

Sites 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Direct final rule; confirmation of 

effective date 

SUMMARY: This document confirms the 

effective date of the direct final rule 

amending the time period for uploading 

flight performance information to a 

reporting air carrier’s Web site from 

anytime between the 20th and 23rd day 

of the month to the fourth Saturday of 

the month. 

DATES: This final rule is effective on July 

21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Blane A. Workie, Deputy Assistant 

General Counsel, Office of the Assistant 

General Counsel for Aviation 

Enforcement and Proceedings, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590, 202–366–9342 (phone), 202– 

366–7152 (fax), blane.workie@dot.gov 

(e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Transportation’s 

Office of the Secretary (OST) published 

a direct final rule with a request for 

comments in the Federal Register on 

June 21, 2010 (75 FR 34925). The direct 

final rule required that the reporting 

carriers (i.e., certificated air carriers that 

account for at least 1 percent of 

domestic scheduled passenger revenues) 

load flight performance data onto their 

Web sites on Saturday, July 24, 2010, for 

June data, and all subsequent flight 

performance information on the fourth 

Saturday of the month following the 

month for which the data are that being 

reported. OST uses the direct final 

rulemaking procedure for a noncontroversial rule where OST believes 

that there will be no adverse public 

comment. The direct final rule advised 

the public that no adverse comments 

were anticipated, and that unless a 

written adverse comment was received 

by July 6, 2010, the regulation would 

become effective on July 21, 2010. No 

adverse comments were received, and 

thus this notice confirms that the direct 

final rule will become effective on that 

date. 

Issued July 16, 2010, in Washington, DC. 

Susan Kurland, 

Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 2010–17859 Filed 7–21–10; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–62520] 

Technical Amendment to Rules of 

Organization; Conduct and Ethics; and 

Information and Requests 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is making 

technical amendments to the rule by 

which authority is delegated to the 

Director of the Division of Enforcement. 

The amendments update references to 

the provision in the Securities Act of 

1933 (‘‘Securities Act’’) which authorizes 

the Commission to issue subpoenas in 

investigations under the Securities Act, 

and delete references to the Public 

Utility Holding Company Act of 1935 

(‘‘PUHCA’’). 

DATES: Effective Date: July 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth H. Hall, Assistant Chief 

Counsel, 202–551–4936, Office of Chief 

Counsel, Division of Enforcement, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–6553. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission is authorized to 

conduct investigations of possible 

violations of the Securities Act. 

Specifically, section 19(c) of the 

Securities Act 1 provides that, 

For the purpose of any investigations 

which, in the opinion of the Commission, are 

necessary and proper for the enforcement of 

this title, any member of the Commission or 

any officer or officers designated by it are 

empowered to administer oaths and 

affirmations, subpena [sic] witnesses, take 

evidence, and require the production of any 

books, papers, or other documents which the 

Commission deems relevant or material to 

the inquiry. Such attendance of witnesses 

and the production of such documentary 

evidence may be required from any place in 

the United States or any Territory at any 

designated place of hearing. 


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