57848 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO FL E5 Homestead, FL [NEW] 

Homestead General Aviation Airport, FL 

(Lat. 25°29′57′′ N., long. 80°33′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Homestead General Aviation 

Airport. 

Issued in College Park, Georgia, on 

September 15, 2010. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–23727 Filed 9–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0248; Airspace 

Docket No. 10–ANE–10] 

Revocation of Class E Airspace, 

Brunswick, ME; and Establishment of 

Class E Airspace, Wiscasset, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes Class E 

Airspace at Brunswick NAS, Brunswick, 

ME, as the airport has closed and the 

associated Standard Instrument 

Approach Procedures (SIAPs) removed, 

and establishes Class E airspace at 

Wiscasset, ME, to accommodate the 

SIAPs developed for the airport. This 

action will enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. 

DATES: Effective 0901 UTC, November 

18, 2010. 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: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On March 29, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

remove Class E airspace at Brunswick, 

ME and establish Class E airspace at 

Wiscasset, ME (75 FR 15361) Docket No. 

FAA–2010–0248. 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 7400.9U 

dated August 18, 2019, 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 amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

removes the Class E airspace at 

Brunswick NAS, Brunswick, ME to 

reflect the closing of the airport and the 

removal of the SIAPs, and establishes 

Class E airspace extending upward from 

700 feet above the surface at Wiscasset 

Airport, Wiscasset, ME. This action is 

necessary for the safety and 

management of IFR operations at the 

airport. 

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 

removes controlled airspace at 

Brunswick, ME and establishes 

controlled airspace at Wiscasset Airport, 

Wiscasset, ME. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, 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 Brunswick, ME [REMOVED] 

* * * * * 

ANE ME E5 Wiscasset, ME [NEW] 

Wiscasset Airport, ME 

(Lat. 43°57′40′′ N., long. 69°42′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Wiscasset Airport and within 2 

miles each side of the 232° bearing from the 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57849 

airport, extending from the 6.3-mile radius to 

10.2 miles southwest of the airport and 

within 2 miles each side of the 052° bearing 

from the airport, extending from the 6.3-mile 

radius to 9.8 miles to the northeast of the 

airport. 

Issued in College Park, Georgia, on 

September 15, 2010. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–23726 Filed 9–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB76 

Maintenance of Incombustible Content 

of Rock Dust in Underground Coal 

Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Emergency Temporary 

Standard; public hearings; close of 

comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is issuing an 

emergency temporary standard (ETS) 

under section 101(b) of the Federal 

Mine Safety and Health Act of 1977 in 

response to the grave danger that miners 

in underground bituminous coal mines 

face when accumulations of coal dust 

are not made inert. MSHA has 

concluded, from investigations of mine 

explosions and other reports, that 

immediate action is necessary to protect 

miners. 

Accumulations of coal dust can ignite, 

resulting in an explosion, or after an 

explosion, they can intensify flame 

propagation, increasing the severity of 

explosions. The ETS requires mine 

operators to increase the incombustible 

content of combined coal dust, rock 

dust, and other dust to at least 80 

percent in underground areas of 

bituminous coal mines. The ETS further 

requires that the incombustible content 

of such combined dust be raised 0.4 

percent for each 0.1 percent of methane 

present. The ETS strengthens the 

protections for miners by reducing the 

potential for a coal mine explosion and 

reducing the severity of explosions 

should they occur. 

DATES: Effective date: September 23, 

2010. 

Compliance dates: Each mine 

operator shall comply with the ETS by 

the dates listed below. 

1. October 7, 2010. Newly mined 

areas. 

2. November 22, 2010. All other areas 

of the mine. 

Persons and organizations are 

encouraged to submit comments on the 

ETS by October 19, 2010. The ETS must 

be replaced with a final rule within 

9 months. 

Hearing dates: October 26, 2010, 

October 28, 2010, November 16, 2010, 

and November 18, 2010. The locations 

are listed in the Public Hearings section 

below under the SUPPLEMENTARY

INFORMATION section of this document. 

Post-hearing comments must be 

received by midnight Eastern Standard 

Time on December 20, 2010. 

ADDRESSES: Comments must be 

identified with ‘‘RIN: 1219–AB76’’ and 

may be sent to MSHA by any of the 

following methods: 

• Federal E-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN: 1219– 

AB76’’ in the subject line of the message. 

• Facsimile: 202–693–9441. Include 

‘‘RIN: 1219–AB76’’ in the subject line of 

the message. 

• Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

• Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia. Sign in 

at the receptionist’s desk on the 21st 

floor. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at silvey.patricia@dol.gov 

(e-mail), 202–693–9440 (voice), or 202– 

693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: MSHA is 

including the following outline to assist 

the public in finding information in the 

preamble. 

I. Introduction 

A. Availability of Information 

B. Public Hearings 

II. Basis for Emergency Temporary Standard 

A. Regulatory Authority 

B. Grave Danger 

III. Discussion of Emergency Temporary 

Standard (ETS) 

A. Background 

B. Discussion 

IV. Regulatory Economic Analysis 

A. Executive Order (E.O.) 12866 

B. Population at Risk 

C. Benefits 

D. Compliance Costs 

E. Net Benefits 

V. Feasibility 

A. Technological Feasibility 

B. Economic Feasibility 

VI. Regulatory Flexibility Act (RFA) and 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

A. Definition of a Small Mine 

B. Factual Basis for Certification 

VII. Paperwork Reduction Act of 1995 

VIII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act of 

1995 

B. Executive Order 13132: Federalism 

C. The Treasury and General Government 

Appropriations Act of 1999: Assessment 

of Federal Regulations and Policies on 

Families 

D. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

E. Executive Order 12988: Civil Justice 

Reform 

F. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

IX. References 

X. Emergency Temporary Standard— 

Regulatory Text 

I. Introduction 

This ETS is issued under section 

101(b) of the Federal Mine Safety and 

Health Act of 1977 (Mine Act) as 

amended by the Mine Improvement and 

New Emergency Response (MINER) Act 

of 2006, 30 U.S.C. 811(b). This ETS 

revises existing 30 CFR 75.403 on the 

incombustible content of combined coal 

dust, rock dust and other dust to 

strengthen the protection for miners by 

greatly minimizing the potential for a 

coal dust explosion in an underground 

bituminous coal mine. 

In accordance with section 101(b)(3) 

of the Mine Act, the ETS serves as an 

emergency temporary final rule with 

immediate effect and provides an 

opportunity for notice and comment, 

after which time a final rule will be 

issued. That final rule may differ from 

the ETS. The Mine Act states that the 

ETS is a temporary standard and must 

be superseded by a final rule within 

nine months. The legislative history of 

the Mine Act reinforces the statutory 

language regarding the ETS providing 

opportunity for comment ‘‘so that all 

views can be carefully considered in 

connection with the issuance of a 

permanent standard.’’ S. Rept. No. 95– 

181, 24 (1977). The preamble discusses 

the specific provision that MSHA 

intends to address in the final rule. 

MSHA solicits comments from the 

mining community on this ETS. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1