Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 75449 

7400.9V dated August 9, 2011, and 

effective September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and 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 

establishes Class D airspace extending 

upward from the surface to 2,800 feet 

MSL within a 5-mile radius of Frederick 

Municipal Airport. Class E surface area 

airspace, within a 5-mile radius of the 

airport and Class E airspace designated 

as an extension to Class D surface area. 

Controlled airspace is necessary for the 

new RNAV GPS standard instrument 

approach procedures developed for the 

airport and for continued safety and 

management of IFR operations at 

Frederick Municipal Airport, Frederick, 

MD. 

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 establishes controlled airspace at 

Frederick Municipal Airport, Frederick, 

MD. 

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 Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AEA MD D Frederick, MD [NEW] 

Frederick Municipal Airport, MD 

(Lat. 39°25′03′′ N., long. 77°22′28′′ W.) 

That airspace extending from the surface 

up to and including 2,800 feet MSL within 

a 5-mile radius of Frederick Municipal 

Airport. This Class D airspace area is 

effective during 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. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AEA MD E2 Frederick, MD [NEW] 

Frederick Municipal Airport, MD 

(Lat. 39°25′03′′ N., long. 77°22′28′′ W.) 

That airspace extending from the surface 

up to and including 2,800 feet MSL within 

a 5-mile radius of the Frederick Municipal 

Airport. This Class E airspace area is effective 

during 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. 

Paragraph 6004 Class E airspace designated 

as an extension to a Class D surface area. 

* * * * * 

AEA MD E4 Frederick, MD [NEW] 

Frederick Municipal Airport, MD 

(Lat. 39°25′03′′ N., long. 77°22′28′′ W.) 

That airspace extending from the surface 

within 3.2 miles either side of the 036° 

bearing from the airport extending from the 

5-mile radius to 7.6 miles northeast of the 

airport. This Class E airspace area is effective 

during 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 College Park, Georgia, on 

November 21, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–30940 Filed 12–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0831; Airspace 

Docket No. 11–ACE–17] 

Establishment of Class E Airspace; 

Stuart, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace for Stuart, IA, to 

accommodate new COPTER area 

navigation (RNAV) Standard Instrument 

Approach Procedures at the City of 

Stuart Helistop. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rule 

(IFR) operations at the heliport. 

DATES: Effective date: 0901 UTC, 

February 9, 2012. 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 August 26, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace for Stuart, IA, 

creating controlled airspace at the City 

of Stuart Helistop (76 FR 53360) Docket 

No. FAA–2011–0831. 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 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 


erowe on DSK2VPTVN1PROD with RULES
75450 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 

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 

for new COPTER RNAV standard 

instrument approach procedures at the 

City of Stuart Helistop, Stuart, IA. This 

action is necessary for the safety and 

management of IFR operations at the 

heliport. 

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. 

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 establishes controlled 

airspace for the City of Stuart Helistop, 

Stuart, IA. 

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 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE IA E5 Stuart, IA [New] 

Stuart, City of Stuart Helistop, IA 

(Lat. 41°29′49′′ N., long. 94°19′39′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the City of Stuart Helistop. 

Issued in Fort Worth, Texas, on November 

9, 2011. 

Gail L. Kasson, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–30529 Filed 12–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1045] 

RIN 1625–AA00 

Safety Zone; Container Crane 

Relocation, Cooper and Wando Rivers, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a 100 yard temporary 

moving safety zone around a barge 

transporting two container cranes on the 

Cooper and Wando Rivers during their 

relocation from berth #3 at Columbus 

Street Terminal to berth #1 at Wando 

Welch Terminal in Charleston, South 

Carolina on Monday, December 5, 2011. 

The safety zone is necessary to protect 

the public from hazards associated with 

transporting the large cranes by barge. 

Persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

DATES: This rule is effective from 9 a.m. 

until 2 p.m. on December 5, 2011, and 

will be enforced from 9 a.m. until 2 p.m. 

on December 5, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1045 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1045 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are 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 temporary 

final rule, call or email Ensign John R. 

Santorum, Sector Charleston Office of 

Waterways Management, Coast Guard; 

telephone (843) 740–3184, email 

John.R.Santorum@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary 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 

Coast Guard did not receive necessary 

information regarding the crane 

relocation until November 2, 2011. As a 

result, the Coast Guard did not have 

sufficient time to publish an NPRM and 

to receive public comments prior to the 

relocation. Any delay in the effective 

date of this rule would be contrary to 

the public interest because immediate 

action is needed to minimize potential 

danger to the public during the crane 

relocation. 

For the same reason discussed above, 

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


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