22016 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

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 amends controlled 

airspace at Raton Municipal Airport/ 

Crews Field, Raton, NM. 

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. 

* * * * * 

ASW NM E5 Raton, NM [Amended] 

Raton, Raton Municipal Airport/Crews Field, 

NM 

(Lat. 36°44′30′′ N., long. 104°30′08′′ W.) 

Cimarron VORTAC 

(Lat. 36°29′29′′ N., long. 104°52′19′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Raton Municipal Airport/Crews 

Field excluding that portion northwest of a 

line 4.4 miles northwest and parallel to the 

050° radial of the Cimarron VORTAC, and 

within 1.6 miles each side of the 034° bearing 

from the airport extending from the 6.7-mile 

radius to 7.8 miles northeast of the airport, 

and within 3.7 miles each side of the 050° 

radial of the Cimarron VORTAC extending 

from the 6.7-mile radius to 11.4 miles 

southwest of the airport; that airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at lat. 

37°04′21′′ N., long. 103°45′12′′ W., to lat. 

36°48′31′′ N., long. 103°41′50′′ W., to lat. 

36°15′44′′ N., long. 104°38′43′′ W., to lat. 

36°10′11′′ N., long. 104°55′44′′ W., to lat. 

36°18′21′′ N., long. 105°02′23′′ W., to lat. 

36°21′13′′ N., long. 105°04′16′′ W., to lat. 

36°26′41′′ N., long. 105°04′22′′ W., to lat. 

36°39′05′′ N., long. 105°00′42′′ W., to lat. 

36°42′52′′ N., long. 104°48′55′′ W., to lat. 

37°01′04′′ N., long. 104°19′16′′ W., to lat. 

37°01′50′′ N., long. 104°11′29′′ W., to lat. 

37°00′34′′ N., long. 104°08′01′′ W., to the 

point of beginning. 

Issued in Fort Worth, Texas, on March 24, 

2011. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–9396 Filed 4–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1054; Airspace 

Docket No. 10–AGL–23] 

Amendment of Class E Airspace; 

Kenton, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Kenton, OH, to accommodate 

new Area Navigation (RNAV) Standard 

Instrument Approach Procedures 

(SIAPs) at Hardin County Airport, 

Kenton, OH. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rule 

(IFR) operations at the airport. 

DATES: Effective date: 0901 UTC, June 

30, 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 December 16, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace for Kenton, OH, 

creating additional controlled airspace 

at Hardin County Airport (75 FR 78645) 

Docket No. FAA–2010–1054. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Subsequent to publication, an error was 

found in the regulatory text noting 

incorrect geographic coordinates. This 

rule will make the correction. 

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 new standard 

instrument approach procedures at 

Hardin County Airport, Kenton, OH. 

This action is necessary for the safety 

and management of IFR operations at 

the airport. This action also corrects the 

geographic coordinates listed in the 

regulatory text for Kenton, OH. 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. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22017 

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 Hardin County 

Airport, Kenton, OH. 

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 OH E5 Kenton, OH [Amended] 

Kenton, Hardin County Airport, OH 

(Lat. 40°36′36′′ N., long. 83°38′39′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 40°43′34′′ N., long. 83°33′51′′ 

W., to lat. 40°38′16′′ N., long. 83°28′39′′ W., 

to lat. 40°30′37′′ N., long. 83°30′57′′ W., to lat. 

40°24′00′′ N., long. 83°33′37′′ W., to lat. 

40°13′31′′ N., long. 83°40′22′′ W., to lat. 

40°11′47′′ N., long. 83°52′11′′ W., to lat. 

40°16′44′′ N., long. 84°01′10′′ W., to lat. 

40°24′31′′ N., long. 84°02′39′′ W., to lat. 

40°31′30′′ N., long. 83°56′56′′ W., to lat. 

40°32′13′′ N., long. 83°50′20′′ W., to lat. 

40°34′45′′ N., long. 83°47′33′′ W., to lat. 

40°38′56′′ N., long. 83°48′49′′ W., to lat. 

40°43′49′′ N., long. 83°42′14′′ W., to the point 

of beginning. 

Issued in Fort Worth, Texas, on March 15, 

2011. 

Richard J. Kervin, Jr., 

Acting Manager Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–9389 Filed 4–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 110106012–1013–01] 

RIN 0694–AF04 

Implementation of the Understandings 

Reached at the 2010 Australia Group 

(AG) Plenary Meeting and Other AGRelated Clarifications and Corrections 

to the EAR 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the June 2010 

plenary meeting of the Australia Group 

(AG) and to make certain AG-related 

editorial clarifications and corrections 

to the EAR. Consistent with the June 

2010 AG understandings, this rule 

amends the chemical manufacturing 

equipment entry on the Commerce 

Control List (CCL) of the EAR to reflect 

the addition of two parenthetical 

phrases that clarify the description of 

certain ‘‘materials’’ contained in items 

on the AG ‘‘Control List of Dual-Use 

Chemical Manufacturing Facilities and 

Equipment and Related Technology and 

Software.’’ In addition, this rule makes 

AG-related clarifications and corrections 

to the EAR. Specifically, this rule 

amends the human and zoonotic 

pathogens and toxins entry and the 

animal pathogens entry on the CCL by 

making an update and a clarification 

that are consistent with the description 

of items on the AG ‘‘List of Biological 

Agents for Export Control’’ and the AG 

‘‘List of Animal Pathogens for Export 

Control,’’ respectively. Finally, this rule 

amends the listing for ‘‘valves’’ in the 

chemical manufacturing equipment 

entry on the CCL to clarify that it 

controls ‘‘valves’’ for the ‘‘production’’ of 

chemicals, as well as ‘‘valves’’ for the 

‘‘processing’’ or ‘‘containment’’ of 

chemicals. The purpose of this rule is to 

ensure that the AG-related entries on the 

CCL conform with the wording in the 

AG Control Lists (as updated by the 

understandings reached at the 2010 AG 

Plenary) and to clarify the meaning of 

terms used in these entries. 

DATES: This rule is effective April 20, 

2011. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e., RIN 0694–AF04)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Sangine, Director, Chemical 

and Biological Controls Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the annual plenary meeting of the 

Australia Group (AG) that was held in 

Paris, France, from May 31 through June 

4, 2010. The AG is a multilateral forum 

consisting of 40 participating countries 

that maintain export controls on a list of 

chemicals, biological agents, and related 

equipment and technology that could be 

used in a chemical or biological 

weapons program. The AG periodically 

reviews items on its control list to 

enhance the effectiveness of 

participating governments’ national 

controls and to achieve greater 

harmonization among these controls. 

Consistent with the understandings 

reached at the 2010 AG Plenary, this 

final rule amends Export Control 

Classification Number (ECCN) 2B350 

(Chemical manufacturing facilities and 

equipment) on the Commerce Control 

List (CCL) (Supplement No. 1 to Part 

774 of the EAR) to reflect the addition 

of two parenthetical phrases that 

describe types of ‘‘materials’’ contained 

in items on the AG ‘‘Control List of 

Dual-Use Chemical Manufacturing 

Facilities and Equipment and Related 

Technology and Software.’’ Specifically, 

this rule adds a parenthetical phrase to 

ECCN 2B350.a .3, .b.3, .c.3, .d.3, .e.3, 

.g.3, .h.3., and .i.3 to clarify the meaning 


jlentini on DSKJ8SOYB1PROD with RULES