## 76924 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Rules and Regulations

Section XI of the ASME Boiler Pressure Vessel Code incorporated by reference in paragraph (b) of this section (or the optional ASME Code Cases listed in the NRC Regulatory Guide 1.147, Revision 16, that are incorporated by reference in paragraph (b) of this section) applied to the construction of the particular component.
* * * * *

Dated at Rockville, Maryland, this 6th day of December 2010.

For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration.
[FR Doc. 2010–31084 Filed 12–9–10; 8:45 am]

**BILLING CODE 7590–01–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0784; Airspace Docket No. 10–AWP–5]** 



### Modification of Class D and E **Airspace, and Revocation of Class E Airspace; Flagstaff, AZ** 

**AGENCY** 

### : Federal Aviation Administration (FAA), DOT.

**ACTION** 

### : Final rule.

**SUMMARY** 

### : This action will modify Class D and E airspace at Flagstaff, AZ, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Flagstaff Pulliam Airport. This action also removes Class E airspace designated as an extension to a Class D or E surface area at Flagstaff Pulliam Airport. This action, initiated by the biennial review of the Flagstaff airspace area, will enhance the safety and management of aircraft operations at the airport. This action also makes minor adjustments to the legal description of the airspace.

**DATES** 

### : Effective 0901 UTC, March 10, 2011. 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** 

### : Richard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203–4517.

**SUPPLEMENTARY INFORMATION** 

### : History On October 6, 2010, the FAA published in the Federal Register a notice of proposed rulemaking to remove Class E airspace designated as an extension to a Class D or E surface area at Flagstaff, AZ and to modify the Class D and E controlled airspace at Flagstaff Pulliam Airport (75 FR 61660). 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 D and E airspace designations are published in paragraph 5000, 6004, and 6005, respectively, of FAA Order 7400.9U, dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR part 71.1. The Class D and 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 modifying the Class D airspace and Class E airspace extending upward from 700 feet above the surface to meet current standards for IFR departures and arrivals at Flagstaff Pulliam Airport, Flagstaff, AZ. This action, initiated by a biennial review of the airspace, is necessary for the safety and management of IFR operations at the airport. This action also makes a minor correction to the legal description for Class E airspace extending upward from 700 feet above the surface to coincide with the FAA’s National Aeronautical Navigation Services, and changes the description to not exclude the Sedona, AZ, Class E airspace area from this description.

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 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 scope of that authority as it establishes additional controlled airspace at Flagstaff Pulliam Airport, Flagstaff AZ. 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 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010 is amended as follows:
Paragraph 5000 Class D airspace.


### * * * * *
AWP AZ D Flagstaff, AZ [Modified] Flagstaff Pulliam Airport, AZ

(Lat. 35 ° 08 ′ 25 ′′ N., long. 111 ° 40 ′09′′ W.) That airspace extending upward from the surface to and including 9,500 feet MSL within a 5-mile radius of Flagstaff Pulliam Airport beginning at lat. 35 ° 13 ′08 ′′ N., long.

111 ° 38 ′07 ′′ W., clockwise to lat. 35 ° 07 ′ 21 ′′ N., long. 111 ° 46 ′07 ′′ W., thence to the point of beginning; and that airspace 1.5 miles each side of the Flagstaff Pulliam Airport 127 ° bearing extending to 7 miles southeast of the Flagstaff Pulliam Airport. This Class D 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.


## 76925 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Rules and Regulations

Paragraph 6004 Class E airspace areas designated as an extension to Class D or Class E surface area.



### * * * * *
AWP AZ E4 Flagstaff, AZ [Removed]
Paragraph 6005 Class E airspace areas extending upward from 700 feet above the surface.



### * * * * *
AWP AZ E5 Flagstaff, AZ [Modified] Flagstaff Pulliam Airport, AZ

(Lat. 35 ° 08 ′ 25 ′′ N., long. 111 ° 40 ′09′′ W.) That airspace extending upward from 700 feet above the surface beginning southwest of the Flagstaff Pulliam Airport at lat. 35 ° 07 ′ 59′′ N., long. 111 ° 50 ′ 30′′ W., clockwise along an 8.5 mile arc to lat. 35 ° 16 ′ 14 ′′ N., long.

111 ° 36 ′ 2 ′′ W., thence to lat. 35 ° 08 ′ 25 ′′ N., long. 111 ° 14 ′ 50′′ W., thence to lat. 35 ° 08 ′ 25 ′′ N., long. 111 ° 14 ′ 50′′ W., to lat. 34 ° 54 ′ 20′′ N., long. 111 ° 26 ′ 11 ′′ W., to lat. 34 ° 58 ′47 ′′ N., long. 111 ° 37 ′ 17 ′′ W., to lat. 34 ° 43 ′ 58 ′′ N., long. 111 ° 50 ′ 21 ′′ W., to lat. 34 ° 45 ′01 ′′ N., long. 112 ° 01 ′ 17 ′′ W., to lat. 34 ° 54 ′ 24 ′′ N., long. 112 ° 05 ′ 16 ′′ W., to lat. 35 ° 08 ′ 10′′ N., long. 111 ° 51 ′ 59′′ W., thence to the point of beginning. That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 35 ° 05 ′04 ′′ N., long.

112 ° 27 ′43 ′′ W., to lat. 35 ° 11 ′ 22 ′′ N., long.

110 ° 52 ′43 ′′ W., thence clockwise along the 39 mile arc to the point of beginning.

Issued in Seattle, Washington, on December 1, 2010. John Warner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010–30980 Filed 12–9–10; 8:45 am]

**BILLING CODE 4910–13–P** 

### DEPARTMENT OF COMMERCE

**National Oceanic and Atmospheric Administration** 

**50 CFR Part 648**

**[Docket No. 0908191244–91427–02]**

**RIN 0648–XA070**



### Fisheries of the Northeastern United **States; Summer Flounder Fishery; Quota Transfer** 

**AGENCY** 

### : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

**ACTION** 

### : Temporary rule.

**SUMMARY** 

### : NMFS announces that the State of North Carolina is transferring a portion of its 2010 commercial summer flounder quota to the Commonwealth of Virginia. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

**DATES** 

### : Effective December 7, 2010 through December 31, 2010.

**FOR FURTHER INFORMATION CONTACT** 

### : Sarah Heil, Fishery Management Specialist, 978–281–9257.

**SUPPLEMENTARY INFORMATION** 

### : Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100.

The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.100(d). The Regional Administrator is required to consider the criteria set forth in § 648.100(d)(3) in the evaluation of requests for quota transfers or combinations.

North Carolina has agreed to transfer 1,481 lb (643 kg) of its 2010 commercial quota to Virginia. This transfer was prompted by summer flounder landings of a North Carolina vessel that was towed into Cape Charles, VA, due to mechanical problems on November 12, 2010. The Regional Administrator has determined that the criteria set forth in § 648.100(d)(3) have been met. The revised summer flounder quotas for calendar year 2010 are: North Carolina, 3,370,046 lb (1,528,627 kg); and Virginia, 2,910,411 lb (1,320,140 kg).

Classification

This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.
Dated: December 6, 2010. Brian W. Parker, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–31121 Filed 12–7–10; 4:15 pm]

**BILLING CODE 3510–22–P**