Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations 43399 

substituting lat. 27°29′31′′ N., long. 81°05′27′′ 

W. 

R–2901K Avon Park, FL [Corrected] 

By removing lat. 27°32′31′′ N., long. 

81°07′29′′ W., and substituting lat. 27°32′21′′ 

N., long. 81°07′23′′ W.; and by removing lat. 

27°29′31′′ N., long. 81°05′29′′ W., and 

substituting lat. 27°29′31′′ N., long. 81°05′27′′ 

W. 

R–2901L Avon Park, FL [Corrected] 

By removing lat. 27°32′31′′ N., long. 

81°07′29′′ W., and substituting lat. 27°32′21′′ 

N., long. 81°07′23′′ W.; and by removing lat. 

27°29′31′′ N., long. 81°05′29′′ W., and 

substituting lat. 27°29′31′′ N., long. 81°05′27′′ 

W. 

R–2901N Avon Park, FL [Corrected] 

By removing lat. 27°32′31′′ N., long. 

81°07′29′′ W., and substituting lat. 27°32′21′′ 

N., long. 81°07′23′′ W.; and by removing lat. 

27°29′31′′ N., long. 81°05′29′′ W., and 

substituting lat. 27°29′31′′ N., long. 81°05′27′′ 

W. 

* * * * * 

Issued in Washington, DC, on July 13, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–17945 Filed 7–23–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2007–28633; Airspace 

Docket No. 07–ASW–7] 

RIN 2120–AA66 

Establishment of Restricted Area R– 

3405; Sullivan, IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes 

Restricted Area R–3405 at Sullivan, IN, 

to support deep-water electronic, 

ordnance and pyrotechnics testing by 

the U.S. Navy. The FAA is taking this 

action to protect nonparticipating 

aircraft from a tethered aerostat balloon 

used to deploy radar, electro-optic, 

camera, and other sensor packages at 

Naval Support Activity (NSA) Crane’s 

Glendora Lake Test Facility. 

DATES: Effective date 0901 UTC, 

September 23, 2010. 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: 

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 Friday, August 31, 2007, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish restricted Area R–3405 near 

Sullivan, IN (72 FR 50300). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. No 

comments were received. The U.S. Navy 

lowered the proposed ceiling from 2,000 

feet MSL to 1,600 feet MSL after a FAA 

study found that the proposed 

establishment of restricted area R–3405, 

when active, would impact aircraft 

operations at Sullivan Country Airport, 

located near the test facility. With the 

exception of editorial changes, and the 

change described above, this rule is the 

same as that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

establishing restricted area R–3405 over 

an area near Sullivan, IN. This restricted 

area covers less than 1 square nautical 

mile and extends from the surface up to 

and including 1,600 feet MSL, and will 

ensure flight safety by separating nonparticipating aircraft from tethered 

aerostat balloon operations conducted 

by the NSA Crane Lake Glendora Test 

Facility. 

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. 

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 establishes restricted airspace at 

Sullivan, IN. 

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 

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 

establishes restricted area R–3405, 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: 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
43400 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations 

1Although electronic submissions are 

encouraged, the Commission has posted a Quick 

Reference Guide to Paper Submissions at http:// 

www.ferc.gov/docs-filing/efiling/filing.pdf. 

2Regulations Implementing the National 

Environmental Policy Act, Order No. 486, 52 FR 

47897 (Dec. 17, 1987), FERC Stats. & Regs., 

Regulations Preambles 1986–1990 ¶ 30,783 (1987). 

R–3405 Sullivan, IN [New] 

Boundaries. Beginning at lat. 39°07′41′′ N., 

long. 87°22′02′′ W.; to lat. 39°07′41′′ N., long. 

87°21′29′′ W.; to lat. 39°07′39′′ N., long. 

87°21′29′′ W.; to lat. 39°07′39′′ N., long. 

87°21′26′′ to lat. 39°07′41′′ N., long. 87°21′25′′ 

W.; to lat. 39°07′41′′ N., long. 87°21′12′′ W.; 

to lat. 39°07′00′′ N., long. 87°21′08′′ W.; to lat. 

39°07′00′′ N., long. 87°21′46′′ W.; to lat. 

39°06′36′′ N., long. 87°21′47′′ W.; to lat. 

39°06′36′′ N., long. 87°22′03′′ W.; to the point 

of beginning. 

Designated altitudes. Surface up to and 

including 1,600 feet MSL. 

Times of Designation. By NOTAM 24 hours 

in advance. 

Controlling Agency. FAA, Terre Haute 

ATCT. 

Using Agency. U.S. Navy, Naval Support 

Activity Crane, IN. 

Issued in Washington, DC, on July 15, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–17937 Filed 7–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 2, 3b, 4, 5, 8, 9, 11, 16, 

24, 32, 33, 34, 35, 39, 45, 46, 152, 153, 

156, 157, 385, and 388 

[Docket No. RM10–26–000; Order No. 737] 

Technical Corrections to 

Commission’s Regulations 

Issued July 14, 2010. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule; technical correction. 

SUMMARY: The Commission is issuing 

this Final Rule to make minor changes 

to its regulations. This Final Rule 

revises a number of references that have 

become outdated for various reasons. 

Generally, these changes add or delete 

language in the current regulations that: 

Eliminate obsolete information; 

incorporate by reference updated 

electronic filing options; and correct 

incorrect cites. 

DATES: Effective Date: The rule will 

become effective July 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Wilbur Miller, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8953. 

Christopher Cook, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8102. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Chairman; Marc Spitzer, Philip D. Moeller, 

and John R. Norris. 

Technical Corrections to Commission’s 

Regulations 

Docket No. RM10–26–000 

Order No. 737 

Final Rule 

Issued July 14, 2010. 

I. Introduction 

1. This Final Rule corrects a number 

of the Commission’s regulations to bring 

them up to date or make them 

consistent with other provisions. The 

revisions are intended to be ministerial 

and/or informational in nature, as 

explained below. 

II. Discussion 

A. Minor Revisions Correcting Outdated 

Nomenclature, Addresses, and 

Provisions 

2. Parts 3b, 46, and 152 of Title 18 of 

the Code of Federal Regulations, this 

Final Rule corrects all references, where 

appropriate, to the ‘‘FPC’’ (Federal 

Power Commission; the predecessor to 

the Federal Energy Regulatory 

Commission) to read ‘‘FERC’’ or ‘‘Federal 

Energy Regulatory Commission.’’ Also in 

these sections, multiple obsolete or 

outdated references relating to the FERC 

organizational structure are replaced or 

updated as appropriate. This Final Rule 

also revises incorrect references to a 

former FERC address and deletes 

regulatory provisions that no longer 

exist. This Final Rule also removes 

certain nomenclature to be consistent 

with other provisions of our regulations. 

See new 18 CFR 4.12 and 4.22 (2010). 

B. Minor Revisions Incorporating by 

Reference Web Site Language and 

Removing References to Paper Copies as 

Part of the Commission’s Filing 

Procedures 

3. For Parts 2, 4, 5, 8, 11, 16, 24, 32, 

34, 45, 46, 152, 153, 156, 385, and 388, 

this Final Rule incorporates by reference 

the ‘‘how to file’’ requirements located 

on the Commission’s Web site in order 

to reflect our current electronic filing 

options. These filing options are 

routinely modified to capture 

information and technology updates as 

well as updates to general filing 

procedures. In Part 2, a reference to 

multiple paper copies is replaced by a 

reference to updated filing procedures 

as posted on the Commission Web site. 

FERC now has paperless electronic 

filing options for nearly all documents 

submitted to the Commission and 

references to a certain number of paper 

copies have been revised.1 Part 4 is 

revised to remove multiple references to 

‘‘certified mail,’’ which is no longer a 

requirement. See new 18 CFR 4.4; 4.12; 

4.22 (2010). Parts 9 and 156 are revised 

to remove a reference to paper copies as 

part of filing procedures and Part 157 is 

revised to remove a section related to 

outdated file formats. Part 388 replaces 

language that requires a ‘‘written 

statement’’ with ‘‘statement.’’ See new 18 

CFR 3b.203(b) (2010). 

C. Minor Revisions Removing Obsolete 

References to Filing Fees 

4. Parts 32, 34, 45, 152, 156, and 157 

are all revised by removing language 

referencing filing fees. These filing fees 

are no longer required by the 

Commission. 

D. Minor Revisions Removing Obsolete 

References to Form of Notice 

5. Parts 33, 34, and 39 are all revised 

by removing language referencing forms 

of notice. The notices for these filings 

are now included in the Combined 

Notice Process. 

E. Minor Revisions Replacing Incorrect 

Order Number References 

6. To correct prior typographical 

errors, Part 35 is revised by replacing 

multiple references to ‘‘Order 741’’ with 

‘‘Order 714.’’ 

III. Information Collection Statement 

7. The Office of Management and 

Budget’s (OMB) regulations require that 

OMB approve certain information 

collection requirements imposed by 

agency rule. 5 CFR Part 1320 (2010). 

This Final Rule contains no information 

reporting requirements, and is not 

subject to OMB approval. 

IV. Environmental Analysis 

8. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.2 This Final Rule is not 

such an action, and does not represent 

a major federal action having a 

significant adverse effect on the human 

environment under the Commission’s 

regulations implementing the National 

Environmental Policy Act. Part 380 of 

the Commission’s regulations lists 

exemptions to the requirement that an 

Environmental Analysis or 

Environmental Impact Statement be 

done. Included is an exemption for 


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