Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8485 

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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL ND E5 Langdon, ND [New] 

Robertson Field Airport, ND 

(Lat. 48°45′11′′ N., long. 98°23′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Robertson Field Airport. 

Issued in Fort Worth, Texas, on February 

4, 2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–3708 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0981; Airspace 

Docket No. 09–ANE–105] 

Revocation of Class D and E Airspace; 

Brunswick, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes the Class 

D and E Airspace at Brunswick NAS 

Airport, Brunswick, ME, as the airport 

has closed and the associated Standard 

Instrument Approach Procedures 

(SIAPs) removed, eliminating the need 

for controlled airspace. 

DATES: Effective 0901 UTC, April 8, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

The Brunswick NAS Airport in 

Brunswick, ME has closed in 

compliance with the 2005 Base 

Realignment and Closure Act. In March 

2009, The Department of the Navy 

requested that the associated SIAPs and 

controlled airspace be removed. As a 

result, this action will remove the Class 

D, and E4 airspace for the Brunswick 

NAS Airport, Brunswick, ME. This rule 

will become effective on the date 

specified in the DATES section. Since 

this action eliminates the impact of 

controlled airspace on users of the 

National Airspace System in the vicinity 

of the Brunswick NAS Airport, 

Brunswick, ME, notice and public 

procedure under 5 U.S.C. 553(b) are 

unnecessary. Class D and Class E 

airspace designations are published in 

paragraphs 5000 and 6004 respectively 

of FAA Order 7400.9T, dated August 27, 

2009, and effective September 15, 2009, 

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 

removes the Class D and E4 airspace at 

Brunswick NAS Airport, Brunswick, 

ME. Controlled airspace is no longer 

needed as the airport has closed. 

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 removes controlled airspace at 

Brunswick NAS Airport, Brunswick, 

ME. 

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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

ANE ME D Brunswick, ME [Removed] 

Brunswick NAS Airport, ME 

(Lat. 43°53′32′′ N., long. 69°56′19′′ W.) 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ANE ME E4 Brunswick, ME [Removed] 

Brunswick NAS Airport, ME 

(Lat. 43°53′32′′ N., long. 69°56′19′′ W.) 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES
8486 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

Issued in College Park, Georgia, on January 

21, 2010. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–3741 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0089] 

Drawbridge Operation Regulation; 

Inner Harbor Navigational Canal, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 46 

(Judge Seeber/Claiborne Avenue) 

Vertical Lift Bridge across the Inner 

Harbor Navigational Canal, mile 0.9, 

(GIWW mile 6.7 EHL), at New Orleans, 

LA. The deviation is necessary to 

replace the counterweight wire ropes on 

the bridge. This deviation allows the 

bridge to remain closed for two (2) 120- 

hour time periods within a three week 

period. 

DATES: This deviation is effective from 

6 a.m. on Monday, March 15, 2010 until 

6 a.m. on Monday, April 5, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0089 and are available online by going 

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

USCG–2009–1129 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 rule, call or 

e-mail David Frank, Bridge 

Administration Branch; telephone 

504–671–2128, e-mail 

David.m.frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Claiborne Avenue bridge has a vertical 

clearance of 40 feet above mean high 

water in the closed-to-navigation 

position and 156 feet above mean high 

water in the open-to-navigation 

position. Currently, according to 33 CFR 

117.458(a), the draw of the bridge shall 

open on signal; except that, from 6:30 

a.m. to 8:30 a.m. and 3:30 p.m. to 5:45 

p.m. Monday through Friday, the draw 

need not be open for the passage of 

vessels. This deviation allows the draw 

span of the bridge to remain closed to 

navigation for two (2) 120-hour periods 

within a three week time frame between 

March 15, 2010 and April 4, 2010. The 

exact dates of the closures will be 

determined at a later date to allow for 

deep draft vessel movements either just 

prior or between the closure periods. 

Exact times and dates of the closures 

will be published in the Local Notice to 

Mariners and broadcast via the Coast 

Guard Broad Notice to Mariners system. 

Navigation on the waterway consists 

mainly of tugs with tows and ships. As 

a result of coordination between the 

Coast Guard and the waterway users, it 

has been determined that this closure 

has been coordinated to minimize the 

possibility of any significant effects on 

these vessels. There are no alternate 

routes available to vessel traffic; 

however, vessels that can pass under the 

bridge in the closed-to-navigation 

position can do so at any time. The 

bridge will not be able to open for 

emergencies. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 10, 2010. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2010–3813 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0009] 

RIN 1625–AA11 

Regulated Navigation Area; Hudson 

River south of the Troy Locks, New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigation area on the navigable waters 

of the Hudson River south of the Troy 

Locks. This regulated navigation area is 

necessary to promote maritime safety, 

and protect mariners and the 

environment from the hazards 

associated with ice conditions. The 

regulated navigation area is intended to 

restrict vessels with less than 3000 

horsepower while engaged in towing 

operations, from operating on the 

navigable waters of the Hudson River 

south of the Troy locks when ice 

conditions are 8 inches or greater unless 

authorized by the Captain of the Port 

New York or a designated 

representative. 

DATES: Effective Date: this rule is 

effective in the CFR on February 25, 

2010 until March 31, 2010. This rule is 

effective with actual notice for purposes 

of enforcement on February 5, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0009 and are available online by going 

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

USCG–2010–0009 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 

rule, call or e-mail Lieutenant William 

George, Coast Guard Sector New York, 

Waterways Management Division; 

telephone 718–354–4114, e-mail 

William.J.George@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) 


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