Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6727 

controlled airspace at Ontonagon 

County—Schuster Field Airport, 

Ontonagon, MI. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL MI E5 Ontonagon, MI [Amended] 

Ontonagon County—Schuster Field Airport, 

MI 

(Lat. 46°50′44′′ N., long. 89°22′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Ontonagon County—Schuster Field 

Airport; and that airspace extending upward 

from 1,200 feet above the surface within an 

area bounded by a line beginning at lat. 

46°38′04′′ N, long. 89°52′32′′ W; to lat. 

46°43′44′′ N, long. 89°53′15′′ W; to lat. 

46°48′35′′ N, long. 89°50′26′′ W; to lat. 

47°02′15′′ N, long. 89°14′40′′ W; to lat. 

47°05′33′′ N, long. 89°10′19′′ W; to lat. 

47°04′11′′ N, long. 89°08′23′′ W; to lat. 

47°03′51′′ N, long. 89°03′48′′ W; to lat. 

47°01′42′′ N, long. 88°58′43′′ W; to lat. 

46°55′42′′ N, long. 88°55′25′′ W; to lat. 

46°51′04′′ N, long. 89°00′15′′ W; to lat. 

46°45′14′′ N, long. 89°12′25′′ W; to lat. 

46°35′09′′ N, long. 89°37′28′′ W; to lat. 

46°34′26′′ N, long. 89°44′19′′ W; thence to the 

point of beginning. 

Issued in Fort Worth, Texas, on January 4, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–02031 Filed 1–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0764; Airspace 

Docket No. 12–ANE–12] 

Amendment of Class E Airspace; 

Lincoln, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Lincoln, ME, as the Lincoln 

Non-Directional Beacon (NDB) has been 

decommissioned and new Standard 

Instrument Approach Procedures have 

been developed at Lincoln Regional 

Airport. This action enhances the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: Effective 0901 UTC, May 2, 2013. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On August 2, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Lincoln, ME (77 FR 

45985) Docket No. FAA–2012–0764. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9W dated 

August 8, 2012, and effective September 

15, 2012, 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 amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Lincoln, ME, to accommodate the 

new Standard Instrument Approach 

Procedures developed for Lincoln 

Regional Airport . The Lincoln NDB has 

been decommissioned, and the NDB 

approach cancelled. The existing Class 

E airspace extending upward from 700 

feet above the surface is being modified 

for the safety and management of IFR 

operations. The Class E radius is 

increased due to terrain in the 

surrounding area. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (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. 

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 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 Lincoln 

Regional Airport, Lincoln, ME. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 


tkelley on DSK3SPTVN1PROD with 
6728 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

Environmental Assessment. 

Lists 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 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 Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANE ME E5 Lincoln, ME [Amended] 

Lincoln Regional Airport, ME 

(Lat. 45°21′44′′ N., long. 68°32′05′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 11.8-mile 

radius of Lincoln Regional Airport. 

Issued in College Park, Georgia, on 

December 12, 2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–02036 Filed 1–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–1040] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Long Island, New York Inland 

Waterway From East Rockaway Inlet to 

Shinnecock Canal, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulations that govern the Wantagh 

State Parkway Bridge, mile 16.1, across 

Goose Creek at Jones Beach, New York, 

and revising the regulations that govern 

the Captree State Parkway Bridge, mile 

30.7, across the State Boat Channel at 

Captree Island, New York. The Wantagh 

State Parkway Bridge was replaced with 

a fixed bridge and the drawbridge 

operation regulations are no longer 

necessary. The method for contacting 

the bridge tender at the Captree State 

Parkway Bridge changed several years 

ago and this action will update the 

regulations to reflect the present contact 

protocol. 

DATES: This rule is effective January 31, 

2013. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2012– 

1040 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2012–1040 in the ‘‘keyword’’ 

box, and then clicking ‘‘search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District Bridge 

Branch, 212–668–7165, judy.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

A. Regulatory History and Information 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Wantagh State Parkway Bridge that once 

required drawbridge operation 

regulations was replaced with a fixed 

span bridge; therefore, these regulations 

are no longer applicable and shall be 

removed. The protocol in the existing 

regulations to contact the bridge tender 

for bridge openings at the Captree State 

Parkway Bridge via a telephone located 

on the bridge pier is no longer accurate 

since the telephone was removed many 

years ago. This action will update the 

present protocol to contact the bridge 

for openings which is to call the number 

posed at the bridge. It is unnecessary to 

publish a notice of proposed rulemaking 

because this regulatory action does not 

purport to place any restrictions on 

mariners but rather removes a 

restriction that has no further use or 

value. 

Under 5 U.S.C. 553(d)(1), a rule that 

relieves a restriction is not required to 

provide the 30 day notice period before 

its effective date. This rule removes the 

Wantagh State Parkway Bridge draw 

operation requirements under 33 CFR 

117.799(i), thus removing a regulatory 

restriction on the public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. The bridge has been replaced 

with a fixed span bridge and this rule 

merely requires an administrative 

change to the Federal Register, in order 

to omit a regulatory requirement that is 

no longer applicable or necessary and 

revise the contact method at the Captree 

State Parkway Bridge which has been 

obsolete for many years and will simply 

be updated to reflect the present 

protocol. 

B. Basis and Purpose 

The drawbridge operation regulations 

for the Wantagh State Parkway Bridge at 

mile 16.1, across Goose Creek, at Jones 


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