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 ourintention 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 8 th 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


### 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.