This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

40719 

Vol. 75, No. 134 

Wednesday, July 14, 2010 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 102, 103, 104, 108, 112, 

113, 114, 116, and 124 

[Docket No. APHIS–2009–0069] 

Viruses, Serums, Toxins, and 

Analogous Products and Patent Term 

Restoration; Nonsubstantive 

Amendments 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: On April 21, 2010, the 

Animal and Plant Health Inspection 

Service published a direct final rule. 

(See 75 FR 20771–20773.) The direct 

final rule notified the public of our 

intention to amend the Virus-SerumToxin Act regulations concerning 

veterinary biological products to update 

the addresses provided for units within 

the Center for Veterinary Biologics and 

to make several nonsubstantive 

technical changes to the regulations to 

update information concerning the 

number of copies of Outlines of 

Production and labeling to submit, and 

to provide information concerning using 

the Internet to obtain forms and apply 

for veterinary biologics permits. We did 

not receive any written adverse 

comments or written notice of intent to 

submit adverse comments in response to 

the direct final rule. 

DATES: Effective Date: The effective date 

of the direct final rule is confirmed as 

June 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Albert P. Morgan, Chief of Operational 

Support Section, Center for Veterinary 

Biologics, Policy, Evaluation, and 

Licensing, VS, APHIS, 4700 River Road 

Unit 148, Riverdale, MD 20737–1231; 

(301) 734–8245. 

Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 

2.80, and 371.4. 

Done in Washington, DC, this 8th day 

of July 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–17076 Filed 7–13–10: 1:33 pm] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1190; Airspace 

Docket No. 09–ANM–27] 

Establishment of Class E Airspace; 

Kemmerer, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Kemmerer, WY to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) at 

Kemmerer Municipal Airport. This will 

improve the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, 

September 23, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On March 11, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

controlled airspace at Kemmerer, WY 

(75 FR 11477). 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 6002 and 6005, 

respectively, of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E surface airspace, 

and amending Class E airspace 

extending upward from 700 feet above 

the surface by amending the geographic 

coordinates to coincide with the FAA’s 

National Aeronautical Charting Office 

for Kemmerer Municipal Airport. This 

action will accommodate IFR aircraft 

executing new RNAV (GPS) SIAPs at the 

airport. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined 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 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 

discusses 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 


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40720 Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Rules and Regulations 

scope of that authority as it establishes 

additional controlled airspace at 

Kemmerer Municipal Airport, 

Kemmerer, WY. 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM WY, E2 Kemmerer, WY [New] 

Kemmerer Municipal Airport, WY 

(Lat. 41°49′27′′ N., long. 110°33′25′′ W.) 

Within a 4.3-mile radius of the Kemmerer 

Municipal Airport, and within 1 mile each 

side of the 360° bearing from the airport, 

extending from the 4.3-mile radius to 7 miles 

north of the airport. This Class E 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. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM WY, E5 Kemmerer, WY [Amend] 

Kemmerer Municipal Airport, WY 

(Lat. 41°49′27′′ N., long. 110°33′25′′ W.) 

That airspace extending upward from 700 

feet above the surface within the 8-mile 

radius of the Kemmerer Municipal Airport, 

and within 4 miles each side of the 174° 

bearing from the Kemmerer Airport 

extending from the airport 11 miles south of 

the airport, and within 3.6 miles each side of 

the 354° bearing from the Kemmerer Airport 

extending from the airport to 16.1 miles 

northwest of the airport; and that airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at lat. 

41°30′00′′ N., long. 111°00′00′′ W.; to lat. 

42°10′00′′ N., long. 111°00′00′′ W.; to lat. 

42°10′00′′ N., long. 110°00′00′′ W.; to lat. 

41°30′00′′ N., long. 110°00′00′′ W.; to lat. 

41°15′00′′ N., long. 110°23′00′′ W.; to point of 

origin; and excluding that airspace within 

Federal airways; and the Fort Bridger, WY, 

Class E airspace areas. 

Issued in Seattle, Washington, on June 30, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17006 Filed 7–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30733; Amdt. No. 488] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This document adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, 

July 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Harry Hodges, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

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. 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. For the same reason, the 

FAA certifies that this amendment will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC, on July 7, 2010. 

John M. Allen, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

part 95 of the Federal Aviation 

Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, July 29, 2010. 


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