Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Rules and Regulations 76923 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates 

as defined by Title II of UMRA for State, 

local, or tribal governments or for the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, (Pub. L. 104–121, 

SBREFA). Therefore, CCC is not 

required to delay the effective date for 

60 days from the date of publication to 

allow for Congressional review and this 

rule is effective on the date of 

publication in the Federal Register. 

Federal Assistance Programs 

The title and number of the Federal 

assistance program as found in the 

Catalog of Federal Domestic Assistance, 

to which this rule applies, is: 

Tobacco Transition Payment 

Program—10.085. 

Paperwork Reduction Act 

These regulations are exempt from the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35), as 

specified in section 642 of Pub. L. 

108–357 (7 U.S.C. 519a), which 

provides that these regulations, which 

are necessary to implement TTPP, be 

promulgated and administered without 

regard to the Paperwork Reduction Act. 

E-Government Act Compliance 

CCC is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 1463 

Agriculture, Agricultural 

commodities, Acreage allotments, 

Marketing quotas, Price support 

programs, Tobacco, Tobacco transition 

payments. 

■ For the reasons discussed in the 

preamble, this rule amends 7 CFR part 

1463 as follows: 

PART 1463—2005–2014 TOBACCO 

TRANSITION PAYMENT PROGRAM 

■ 1. The authority citation for part 1463 

is revised to read as follows: 

Authority: 7 U.S.C. 518–519a, 714b, and 

714c. 

§ 1463.5 [Amended] 

■ 2. Amend paragraph (a), first 

sentence, by adding the words ‘‘using for 

all years the tax rates that applied in 

fiscal year 2005’’ at the end. 

Signed in Washington, DC, on December 7, 

2010. 

Jonathan W. Coppess, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2010–31061 Filed 12–9–10; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

RIN 3150–AI37 

[NRC–2009–0014] 

Domestic Licensing of Production and 

Utilization Facilities; Updates to 

Incorporation by Reference of 

Regulatory Guides; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Correcting amendment. 

SUMMARY: This document corrects a 

final rule that was published in the 

Federal Register on October 5, 2010 (75 

FR 61321). The final rule amends the 

U.S. Nuclear Regulatory Commission’s 

(NRC) regulations to incorporate by 

reference the latest revisions of two 

previously incorporated regulatory 

guides. This document is necessary to 

add a line of regulatory text that was 

inadvertently omitted from the final 

rule. 

DATES: The correction is effective on 

December 10, 2010, and is applicable 

beginning November 4, 2010, the date 

the original rule became effective. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Chief, Rules, 

Announcements, and Directives Branch, 

Office of Administration, Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–492– 

3667, e-mail: Cindy.Bladey@nrc.gov. 

SUPPLEMENTARY INFORMATION: This 

document is the second set of 

corrections to the final rule that was 

published on October 5, 2010. The 

previous correction was published on 

October 21, 2010 (75 FR 64949). This 

document adds a line of text to the 

regulations at 10 CFR 50.55a(g)(3)(ii) 

that was inadvertently omitted from the 

final rule. 

List of Subjects in 10 CFR Part 50 

Antitrust, Classified information, 

Criminal penalties, Fire protection, 

Intergovernmental relations, Nuclear 

power plants and reactors, Radiation 

protection, Reactor siting criteria, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR part 50. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 1. The authority citation for part 50 

continues to read as follows: 

Authority: Secs. 102, 103, 104, 105, 161, 

182, 183, 186, 189, 68 Stat. 936, 937, 938, 

948, 953, 954, 955, 956, as amended, sec. 

234, 83 Stat. 444, as amended (42 U.S.C. 

2132, 2133, 2134, 2135, 2201, 2232, 2233, 

2236, 2239, 2282); secs. 201, as amended, 

202, 206, 88 Stat. 1242, as amended, 1244, 

1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. 109–58, 119 Stat. 

194 (2005). Section 50.7 also issued under 

Pub. L. 95–601, sec. 10, 92 Stat. 2951 as 

amended by Pub. L. 102–486, sec. 2902, 106 

Stat. 3123 (42 U.S.C. 5841). Section 50.10 

also issued under secs. 101, 185, 68 Stat. 955, 

as amended (42 U.S.C. 2131, 2235); sec. 102, 

Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 

Sections 50.13, 50.54(dd), and 50.103 also 

issued under sec. 108, 68 Stat. 939, as 

amended (42 U.S.C. 2138). 

Sections 50.23, 50.35, 50.55, and 50.56 also 

issued under sec. 185, 68 Stat. 955 (42 U.S.C. 

2235). Sections 50.33a, 50.55a and Appendix 

Q also issued under sec. 102, Pub. L. 91–190, 

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 

and 50.54 also issued under sec. 204, 88 Stat. 

1245 (42 U.S.C. 5844). Sections 50.58, 50.91, 

and 50.92 also issued under Pub. L. 97–415, 

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 

also issued under sec. 122, 68 Stat. 939 (42 

U.S.C. 2152). Sections 50.80—50.81 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Appendix F also 

issued under sec. 187, 68 Stat. 955 (42 U.S.C. 

2237). 

■ 2. In § 50.55a, revise paragraph 

(g)(3)(ii) to read as follows: 

§ 50.55a Codes and standards. 

* * * * * 

(g) * * * 

(3) * * * 

(ii) Components which are classified 

as ASME Code Class 2 and Class 3 and 

supports for components which are 

classified as ASME Code Class 1, Class 

2, and Class 3 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 


jdjones on DSK8KYBLC1PROD with RULES
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. 


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