Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 30689 

Issued in Burlington, Massachusetts, on 

May 24, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–13133 Filed 6–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0367; Airspace 

Docket No. 10–AWA–2] 

RIN 2120–AA66 

Modification of Class C Airspace; 

Beale Air Force Base, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the legal 

description of the Beale Air Force Base 

(AFB), CA, Class C airspace area by 

allowing the hours of operation to be 

announced in advance by a Notice to 

Airmen (NOTAM). The effective hours 

of the Beale AFB Class C airspace area 

will be consistent with the actual hours 

of operation of the Beale AFB Airport 

Traffic Control Tower (ATCT). 

DATES: Effective date 0901 UTC, June 

18, 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: Ken 

McElroy, 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 

The Beale AFB ATCT has reduced its 

hours of operation. During the times 

that Beale ATCT is not operational, 

Class C ATC Services are not available 

and the airspace reverts to Class E 

airspace. A requirement for Class C 

airspace is an operational ATCT. During 

the times that Beale ATCT is closed, 

Class C air traffic services are not 

available. Therefore, there is a need to 

publish the effective hours of operation 

for the Beale AFB Class C airspace area 

to coincide with those times that Class 

C ATC services are available. The Beale 

AFB Class C airspace area remains an 

essential safety measure in support of 

the ongoing airport operational 

requirements. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (CFR) part 71 by 

modifying the legal description of the 

Beale AFB, CA, Class C airspace area. 

The Beale AFB Class C airspace area is 

designated effective during the specific 

dates and times established in advance 

by NOTAM. The effective days and 

times will thereafter be continuously 

published in the Airport/Facility 

Directory, in concert with current Beale 

AFB ATCT operating hours. During the 

times that Beale ATCT is not 

operational, the airspace reverts to Class 

E airspace. 

Class C Airspace areas are published 

in paragraph 4000 of FAA Order 

7400.9T signed August 27, 2009, and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class C airspace listed in this 

document will be published 

subsequently in the Order. 

In consideration of the need to change 

the Beale AFB Class C airspace effective 

hours of operation to be consistent with 

the actual operating hours of the Beale 

AFB ATCT, and conform with FAA 

regulations for Class C airspace, the 

FAA finds good cause, pursuant to 

U.S.C. 553(d), for making this 

amendment effective in less than 30 

days in order to promote the safe and 

efficient handling of air traffic in the 

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. 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 Class C airspace for Beale 

AFB, CA. 

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 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 FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 4000 Subpart C—Class C 

Airspace. 

* * * * * 

AWP CA C Beale AFB, CA [Modified] 

Beale AFB, CA 

(Lat. 39°08′10′′ N., long. 121°26′12′′ W.) 

That airspace extending upward from the 

surface to and including 4,100 feet MSL 

within a 5-mile radius of Beale AFB, and that 

airspace extending upward from 1,600 feet 

MSL to 4,100 feet MSL within a 10-mile 

radius of Beale AFB from the 127° bearing 

from the airport clockwise to the 007° bearing 

from the airport, and that airspace extending 

upward from 2,600 feet MSL to 4,100 feet 

MSL within a 10-mile radius of the airport 

WReier-Aviles on DSKGBLS3C1PROD with RULES

30690 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 

from the 007° bearing from the airport 

clockwise to the 127° bearing from the 

airport. This Class C airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in Washington, DC, May 25, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–13137 Filed 6–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2010–0563; Amendment 

No. 91–315 (Related to Docket No. FAA– 

18334)] 

Minimum Altitudes for IFR Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Technical amendment. 

SUMMARY: The FAA is correcting the 

introductory text in paragraph (a) of 

§ 91.177 that was published on August 

18, 1989. The phrase, ‘‘or unless 

otherwise authorized by the 

Administrator’’ was inadvertently 

removed from paragraph (a) 

introductory text. This action reinstates 

that phrase with a minor revision. 

DATES: Effective June 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Crum, Air Traffic Systems 

Operations, Airspace and Rules Group, 

800 Independence Ave., SW., 

Washington, DC 20591; telephone (202) 

267–8783; e-mail ellen.crum@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 18, 1989 (54 FR 34288), 

the FAA published a final rule that 

revised 14 CFR part 91. In the final rule, 

the phrase in § 91.177 (a) introductory 

text ‘‘unless otherwise authorized by the 

Administrator’’ was inadvertently 

removed. The impact of this action was 

not apparent until the FAA recently 

amended the guidelines for establishing 

minimum vectoring altitudes. Without 

this phrase in the regulation, certain 

altitudes are unavailable to air traffic 

control. This action corrects this error 

with a minor revision. We are replacing 

the word ‘‘Administrator’’ with ‘‘FAA’’. 

The new phrase will read ‘‘unless 

otherwise authorized by the FAA’’. 

Good Cause for Immediate Adoption of 

This Final Rule 

Until recently, the FAA was unaware 

of the erroneous amendment to this 

regulation and its impact on minimum 

vectoring altitudes. The FAA concludes 

that immediate action is necessary to 

correct this error and therefore, finds 

that notice and public comment under 

5 U.S.C. 553(b) are impracticable and 

contrary to the public interest. Further, 

the FAA finds that good cause exists 

under 5 U.S.C. 553(d) for making this 

rule effective immediately upon 

publication. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Aviation safety, Reporting and 

recordkeeping requirements. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter 1 of Title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44704, 

44709, 44711, 44712, 44715, 44716, 44717, 

44722, 46306, 46315, 46316, 46504, 46506– 

46507, 47122, 47508, 47528–47531, articles 

12 and 29 of the Convention on International 

Civil Aviation (61 Stat. 1180). 

■ 2. Amend § 91.177 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 91.177 Minimum altitudes for IFR 

operations. 

(a) Operation of aircraft at minimum 

altitudes. Except when necessary for 

takeoff or landing, or unless otherwise 

authorized by the FAA, no person may 

operate an aircraft under IFR below— 

* * * * * 

Issued in Washington, DC on May 27, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–13132 Filed 6–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 406 

[Docket No. FAA–2009–1240; Amendment 

No. 406–6] 

RIN 2120–AJ63 

Civil Penalty Inflation Adjustment for 

Commercial Space Adjudications 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This final rule brings Federal 

Aviation Administration commercial 

space transportation regulations into 

compliance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996. 

The rule makes mandatory inflationbased adjustments to the maximum civil 

penalty contained in 14 CFR part 406 

authorized for violations of the 

Commercial Space Launch Act of 1984, 

as codified at 49 U.S.C. subtitle IX, ch. 

701, Commercial Space Launch 

Activities. 

DATES: This amendment becomes 

effective July 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Laura Montgomery, Senior Attorney, 

Office of the Chief Counsel, Regulations 

Division, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971; e-mail 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking and 

Applicable Statutes 

The statute under which the Secretary 

of Transportation regulates commercial 

space transportation, 49 U.S.C. Subtitle 

IX, sections 70101–70121 (chapter 701), 

provides for the Department of 

Transportation (DOT), and, through 

delegation, the Federal Aviation 

Administration (FAA) to impose civil 

penalties on persons who violate 

chapter 701, a regulation issued under 

chapter 701, or any term or condition of 

a license or permit issued or transferred 

under chapter 701. 49 U.S.C. 

70105a(h)(i), 70115. 

This rule implements the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (FCPIAA), Public Law (Pub. L.) 

101–410, as amended by the Debt 

Collection Improvement Act of 1996, 

Public Law 104–134, codified at 28 

U.S.C. 2461 note. 

WReier-Aviles on DSKGBLS3C1PROD with RULES