42012 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 

nonpower reactor facility, or access to 

Safeguards Information. 

(c) * * * 

(1) A licensee may not base a final 

determination to deny an individual 

unescorted access to the nuclear power 

facility, the nonpower reactor facility, or 

access to Safeguards Information solely 

on the basis of information received 

from the FBI involving: 

* * * * * 

(d) * * * 

(1) For the purpose of complying with 

this section, licensees shall, using an 

appropriate method listed in § 73.4, 

submit to the NRC’s Division of 

Facilities and Security, Mail Stop T– 

6E46, one completed, legible standard 

fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual requiring unescorted 

access to the nuclear power facility, the 

nonpower reactor facility, or access to 

Safeguards Information, to the Director 

of the NRC’s Division of Facilities and 

Security, marked for the attention of the 

Division’s Criminal History Check 

Section. Copies of these forms may be 

obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling 301- 415– 

7232, or by e-mail to 

FORMS.Resource@nrc.gov. Guidance on 

what alternative formats might be 

practicable is referenced in § 73.4. The 

licensee shall establish procedures to 

ensure that the quality of the 

fingerprints taken results in minimizing 

the rejection rate of fingerprint cards 

due to illegible or incomplete cards. 

* * * * * 

(3) * * * 

(ii) The application fee is the sum of 

the user fee charged by the FBI for each 

fingerprint card or other fingerprint 

record submitted by the NRC on behalf 

of a licensee, and an administrative 

processing fee assessed by the NRC. The 

NRC processing fee covers 

administrative costs associated with 

NRC handling of licensee fingerprint 

submissions. The Commission 

publishes the amount of the fingerprint 

records check application fee on the 

NRC public Web site. (To find the 

current fee amount, go to the Electronic 

Submittals page at http://www.nrc.gov/ 

site-help/e-submittals.html and select 

the link for the Criminal History 

Program.) The Commission will directly 

notify licensees who are subject to this 

regulation of any fee changes. 

* * * * * 

(f) * * * 

(2) The licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to have access to the information 

in performing assigned duties in the 

process of granting or denying 

unescorted access to the nuclear power 

facility, the nonpower reactor or access 

to Safeguards Information. No 

individual authorized to have access to 

the information may re-disseminate the 

information to any other individual who 

does not have a need to know. 

* * * * * 

(5) The licensee shall retain all 

fingerprint and criminal history records 

received from the FBI, or a copy if the 

individual’s file has been transferred, on 

an individual (including data indicating 

no record) for one year after termination 

or denial of unescorted access to the 

nuclear power facility, the nonpower 

reactor, or access to Safeguards 

Information. 

* * * * * 

(g) Fingerprinting Requirements for 

Unescorted Access for Nonpower 

Reactor Licensees. (1) No person shall 

be permitted unescorted access to a 

nonpower reactor facility unless that 

person has been determined by an NRCapproved reviewing official to be 

trustworthy and reliable based on the 

results of an FBI fingerprint-based 

criminal history records check obtained 

in accordance with this paragraph. The 

reviewing official is required to have 

unescorted access in accordance with 

this section or access to Safeguards 

Information. 

(2) Each nonpower reactor licensee 

subject to the requirements of this 

section shall obtain the fingerprints for 

a criminal history records check for 

each individual who is seeking or 

permitted: 

(i) Unescorted access to vital areas of 

the nonpower reactor facility; or 

(ii) Unescorted access to special 

nuclear material in the nonpower 

reactor facility provided the individual 

who is seeking or permitted unescorted 

access possesses the capability and 

knowledge to make unauthorized use of 

the special nuclear material in the 

nonpower reactor facility or to remove 

the special nuclear material from the 

nonpower reactor in an unauthorized 

manner. 

Dated at Rockville, Maryland this 14th day 

of July, 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–17635 Filed 7–19–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0616; Airspace 

Docket No. 10–ANM–6] 

Proposed Amendment of Class E 

Airspace; Pendleton, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Pendleton, 

OR. Decommissioning of the Foris NonDirectional Radio Beacon (NDB) at 

Eastern Oregon Regional Airport at 

Pendleton has made this action 

necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also would reflect the new name 

of the airport. 

DATES: Comments must be received on 

or before September 3, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0616; Airspace 

Docket No. 10–ANM–6, at the beginning 

of your comments. You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

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 

2010–0616 and Airspace Docket No. 10– 

ANM–6) and be submitted in triplicate 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 42013 

to the Docket Management System (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–2010–0616 and 

Airspace Docket No. 10–ANM–6’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

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. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace extending upward from 700 

feet and 1,200 feet above the surface at 

Eastern Oregon Regional Airport at 

Pendleton, Pendleton, OR. The airspace 

would be reconfigured due to the 

decommissioning of the Foris NDB, and 

cancellation of the NDB approach. This 

action would enhance the safety and 

management of IFR operations at the 

airport. This also would reflect a change 

in the airport name, from Pendleton 

Municipal Airport to Eastern Oregon 

Regional Airport at Pendleton. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined 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 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 this proposed rule, when 

promulgated, would 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 for 

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 would 

amend controlled airspace at Eastern 

Oregon Regional Airport at Pendleton, 

Pendleton, OR. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 Part 71.1 of the FAA Order 

7400.9T, Airspace Designations and 

Reporting Points, signed August 27, 

2009, and effective September 15, 2009 

is amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM OR E5 Pendleton, OR [Modified] 

Eastern Oregon Regional Airport at 

Pendleton, OR 

(Lat. 45°41′42′′ N., long. 118°50′29′′ W.) 

Pendleton VORTAC 

(Lat. 45°41′54′′ N., long. 118°56′19′′ W.) 

Hermiston, Hermiston Municipal Airport 

(Lat. 45°49′42′′ N., long. 119°15′33′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 10.5-mile 

radius of lat. 45°41′30′′ N., long. 118°47′24′′ 

W., and within 4 miles each side of the 

Pendleton VORTAC 254° radial extending 

from the 10.5-mile radius to 10.9 miles west 

of the VORTAC, and within 8.3 miles north 

and 4.3 miles south of the Pendleton 090° 

bearing from the Eastern Oregon Regional 

Airport at Pendleton extending from the 10.5- 

mile radius to 20.7 miles east of the Eastern 

Oregon Regional Airport at Pendleton, and 

within a 4.3-mile radius of the Hermiston 

Municipal Airport, and within 2.2 miles each 

side of the Pendleton VORTAC 300° radial 

extending from the 4.3-mile radius to the 

Pendleton VORTAC; that airspace extending 

upward from 1,200 feet above the surface 

within 9.6 miles northeast and 6.1 miles 

southwest of the Pendleton VORTAC 137° 

radial extending from the 10.5-mile radius to 

43.5 miles southeast of the VORTAC, and 

within 8.7 miles south and 6.1 miles north 

of the Pendleton 254° radial extending from 

the 10.5-mile radius to 28.8 miles west of the 

VORTAC, and within 8.3 miles north and 4.3 

miles south of the Pendleton 273° radial 

extending from the 10.5-mile radius to 16.1 

miles west of the VORTAC, and within 5.3 

miles southwest and 7.9 miles northeast of 

the Pendleton 310° radial extending from the 

10.5-mile radius to 26.1 miles northwest of 

the VORTAC, and within 4.3 miles northwest 

of the 025° radial and 4.3 miles southeast of 

the 049° radial extending from the 10.5-mile 

radius to the 30.5-mile radius of the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
42014 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 

Pendleton VORTAC, and that airspace within 

the 27.9-mile radius of the Pendleton 

VORTAC extending clockwise from the 

southeast edge of V–536 to the northeast edge 

of V–298. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17624 Filed 7–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0619; Airspace 

Docket No. 10–AWP–11] 

Proposed Amendment of Class E 

Airspace; San Clemente, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at San 

Clemente, CA. Decommissioning of the 

San Clemente Island Non-Directional 

Radio Beacon (NDB) at San Clemente 

Island NALF (Frederick Sherman Field) 

has made this action necessary for the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also makes a minor 

adjustment to the geographic 

coordinates of the airport. 

DATES: Comments must be received on 

or before September 3, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0619; Airspace 

Docket No. 10–AWP–11, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

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 

2010–0619 and Airspace Docket No. 10– 

AWP–11) and be submitted in triplicate 

to the Docket Management System (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–2010–0619 and 

Airspace Docket No. 10–AWP–11’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

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. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace designated as an extension to a 

Class D surface area, at San Clemente 

Island NALF (Fredrick Sherman Field), 

San Clemente CA. The airspace would 

be reconfigured due to the 

decommissioning of the San Clemente 

Island NDB, and cancellation of the 

NDB approach. This will also update 

the geographic coordinates of the 

airport. This action would enhance the 

safety and management of IFR 

operations at the airport. 

Class E airspace designations are 

published in paragraph 6004, of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined 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 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 this proposed rule, when 

promulgated, would 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 for 

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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1