### 52219 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations

45238). After publication, the FAA found that the geographic coordinates of Maxwell AFB and Wetumpka Municipal Airport need to be adjusted to be in concert with the FAAs aeronautical database. This action makes the administrative adjustment that does not affect the altitude, boundaries, or operating requirements of the airspace. Therefore, notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

The Class E airspace designations are published in Paragraphs 6005 of FAA order 7400.9V, dated August 9, 2011, and effective September 15, 2011, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Correction to Final Rule

Accordingly, pursuant to the authority delegated to me, the geographic coordinates for Maxwell AFB and Wetumpka Municipal Airport, as listed in the airspace designation of the Class E airspace, Montgomery, AL, as published in the Federal Register of July 31, 2012, (77 FR 45238), FR Doc. 2012–18522, are corrected as follows:

**§ 71.1 [Corrected]**
* * * * *
ASO AL E5 Montgomery, AL [Corrected]

On page 45238, column 3, line 51, under Maxwell AFB, remove, lat. 32 ° 22 ′ 45 ′′N., long.
86 ° 21 ′ 45 ′′W, and insert lat. 32 ° 22 ′ 59 ′′N., long.
86 ° 21 ′ 57 ′′W, and on page 45238, column 3, line 55, under Wetumpka Municipal Airport, remove lat. 32 ° 31 ′ 46 ′′N., long. 86 ° 19 ′ 42 ′′W, and insert lat. 32 ° 31 ′ 38 ′′N., long. 86 ° 19 ′ 52 ′′W.

Issued in College Park, Georgia, on August 16, 2012. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2012–21162 Filed 8–28–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–0538; Airspace Docket No. 12–ANM–8]** 

**Amendment of Class E Airspace; Lewistown, MT** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action modifies Class E airspace at Lewistown Municipal Airport, Lewistown, MT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Lewistown Municipal Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

**DATES :**  Effective date, 0901 UTC, November 15, 2012. 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 June 27, 2012, the FAA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) to modify controlled airspace at Lewistown, MT (77 FR 38226). 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 7400.9V dated August 9, 2011, and effective September 15, 2011, 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 modifying Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface, at Lewistown Municipal Airport, Lewistown, MT, to accommodate IFR aircraft executing RNAV (GPS) standard instrument approach procedures 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 scope of that authority as it modifies controlled airspace at Lewistown Municipal Airport, Lewistown, MT.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. 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 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective


### 52220 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations

1 The Commission voted 4–0 to approve publication of this rule. Chairman Inez M. Tenenbaum filed a statement concerning this action which may be viewed on the Commission’s Web site at http://www.cpsc.gov/library/foia/ballot/ ballot12/playyards.pdf or obtained from the Commission’s Office of the Secretary. September 15, 2011 is amended as follows:
Paragraph 6002 Class E airspace designated as surface areas.
* * * * *

ANM MT E2 Lewistown, MT [Modified] Lewistown Municipal Airport, MT

(Lat. 47 ° 02 ′ 57 ′′N., long. 109 ° 28 ′ 00 ′′W.)
Within a 6.8-mile radius of the Lewistown Municipal 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 MT E5 Lewistown, MT [Modified] Lewistown Municipal Airport, MT

(Lat. 47 ° 02 ′ 57 ′′N., long. 109 ° 28 ′ 00 ′′W.) That airspace extending upward from 700 feet above the surface within 9.3-mile radius of the Lewistown Municipal Airport, and within 4.5 miles each side of the Lewistown Municipal Airport 269 ° bearing extending from the 9.3-mile radius to 14.5 miles west of the airport, and within 2.5 miles south and 4 miles north of the Lewistown Municipal Airport 258 ° bearing extending from the 9.3- mile radius to 20.5 miles west of the airport; that airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 47 ° 21 ′ 00 ′′N., long.
110 ° 33 ′ 00 ′′W.; to lat. 47 ° 30 ′ 00 ′′N., long.
110 ° 00 ′ 00 ′′W.; to lat. 47 ° 16 ′ 00 ′′N., long.
109 ° 44 ′ 00 ′′W.; to lat. 47 ° 11 ′ 33 ′′N., long.
108 ° 46 ′ 00 ′′W.; to lat. 46 ° 43 ′ 40 ′′N., long.
108 ° 48 ′ 22 ′′W.; to lat. 46 ° 43 ′ 40 ′′N., long.
109 ° 32 ′ 14 ′′W., to lat. 46 ° 32 ′ 19 ′′N., long.
109 ° 32 ′ 14 ′′W.; to lat. 46 ° 32 ′ 19 ′′N., long.
110 ° 06 ′ 30 ′′W.; thence to the point of origin.

Issued in Seattle, Washington, on August 17, 2012. John Warner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012–21164 Filed 8–28–12; 8:45 am]

**BILLING CODE 4910–13–P**

**CONSUMER PRODUCT SAFETY COMMISSION** 

**16 CFR Part 1221**

**[CPSC Docket No. CPSC–2011–0064]**

**RIN 3041–AC92**

**Safety Standard for Play Yards**

**AGENCY :**  Consumer Product Safety Commission.

**ACTION :**  Final rule.

**SUMMARY :**  Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the ‘‘Danny Keysar Child Product Safety Notification Act,’’ requires the United States Consumer Product Safety Commission (Commission, CPSC, us, or we) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. In this rule, we are issuing a safety standard for play yards in response to the CPSIA. 1

**DATES :**  This rule is effective on February 28, 2013 and will apply to all play yards manufactured or imported on or after that date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of February 28,
2013.

**FOR FURTHER INFORMATION CONTACT :**  Justin Jirgl, Compliance Officer, Office of Compliance and Field Investigations, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; email: jjirgl@cpsc.gov.

**SUPPLEMENTARY INFORMATION :**  A. Background: Section 104(b) of the Consumer Product Safety Improvement Act

The Consumer Product Safety Improvement Act of 2008 (CPSIA, Pub. L. 110–314) was enacted on August 14, 2008. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant and toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The term ‘‘durable infant or toddler product’’ is defined in section 104(f)(1) of the CPSIA as a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years. Play yards are one of the products specifically identified in section 104(f)(2)(F) as a durable infant or toddler product. In the Federal Register of September 20, 2011 (76 FR 58167), we published a notice of proposed rulemaking (NPR) for play yards, incorporating by reference ASTM F406–11, ‘‘Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards,’’ with three clarifications. ASTM F406 is the safety standard for both non-full-size cribs and play yards. In the proposed rule for play yards, we indicated which sections of the ASTM standard apply to play yards, and we excluded the provisions of ASTM F406 that apply to non-full-size cribs.

The ASTM subcommittee on play yards developed a newer edition of this standard, ASTM F406–12a, which includes the three clarifications we proposed in the NPR. ASTM F406–12a also contains two clarifications that were suggested in comments we received from the public in response to the NPR. Those two clarifications: (1) Added a preload to the mattress vertical displacement test; and (2) exempted from the top rail configurationrequirement play yards with upwardfolding top rails.

In this document, we are issuing a safety standard for play yards, which incorporates by reference ASTM F406– 12a and provides a 6-month (from the date of publication) effective date for the mandatory play yard standard.

B. The Product

ASTM F406–12a defines a ‘‘play yard’’ as a ‘‘framed enclosure that includes a floor and has mesh or fabric sided panels primarily intended to provide a play or sleeping environment for children. It may fold for storage or travel.’’ Play yards are intended for children who are less than 35 inches tall, who cannot climb out of the product. Some play yards include accessory items that attach to the product, including mobiles, toy bars, canopies, bassinets, and changing tables.

C. Incident Data

The preamble to the NPR (76 FR 58168) summarized the data for incidents related to play yards reported to us from early November 2007 through early April 2011. The final rule is based on the data provided in the NPR, as well as updated data on incidents related to play yards reported to us from April 2011 through December 31, 2011.

From April 10, 2011, through December 31, 2011, we received information on 41 play yard-related incidents. Fifteen of the 41 incidents were fatal. Of the remaining 26 incidents, eight resulted in injuries to the child.