53402 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ Accordingly, the interim final rule 

amending 7 CFR part 922, which was 

published at 74 FR 37496 on July 29, 

2009, is adopted as a final rule without 

change. 

Dated: October 9, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–25121 Filed 10–16–09; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

RIN 3150–AI53 

[NRC–2008–0663] 

Industry Codes and Standards; 

Amended Requirements; Confirmation 

of Effective Date 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of October 19, 2009, for 

the direct final rule that was published 

in the Federal Register on August 5, 

2009. This direct final rule amended the 

NRC’s regulations on governing vessel 

head inspection requirements. This 

amendment revised the upper range of 

the percentage of axial flaws permitted 

in a specimen set used for the 

qualification of nondestructive 

examination systems (procedures, 

personnel and equipment), which are 

used in the performance of inservice 

inspection (ISI) of pressurized water 

reactor (PWR) upper vessel head 

penetrations. This amendment was 

made as a result of the withdrawal of a 

stakeholder’s recommendation 

necessitated by a typographical error in 

the original recommendation with 

respect to the maximum percentage of 

flaws that should be oriented axially. 

DATES: The effective date of October 19, 

2009, is confirmed for the direct final 

rule published August 5, 2009 (74 FR 

38890). 

ADDRESSES: Documents related to this 

rulemaking, including comments 

received, may be examined at the NRC 

Public Document Room, Room O–1F23, 

11555 Rockville Pike, Rockville, 

Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Manash K. Bagchi, Project Manager, 

Office of Nuclear Reactor Regulation, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

301–415–2905, e-mail 

manash.bagchi@nrc.gov. 

SUPPLEMENTARY INFORMATION: On August 

5, 2009 (74 FR 38890), the NRC 

published in the Federal Register a 

direct final rule amending its 

regulations in 10 CFR Part 50 governing 

vessel head inspection requirements. 

This amendment revises the upper 

range of the percentage of axial flaws 

from 40 percent to 60 percent permitted 

in a specimen set used for the 

qualification of nondestructive 

examination systems (procedures, 

personnel and equipment), which are 

used in the performance of ISI of PWR 

upper vessel head penetrations. This 

amendment is being made as a result of 

the withdrawal of a stakeholder’s 

recommendation necessitated by a 

typographical error in the original 

recommendation with respect to the 

maximum percentage of flaws that 

should be oriented axially. In the direct 

final rule, NRC stated that if no 

significant adverse comments were 

received, the direct final rule would 

become final on October 19, 2009. The 

NRC did not receive any comments that 

warranted withdrawal of the direct final 

rule. Therefore, this rule will become 

effective as scheduled. 

Dated at Rockville, Maryland, this 13th day 

of October, 2009. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rulemaking and Directives Branch, 

Division of Administrative Services, Office 

of Administration. 

[FR Doc. E9–25049 Filed 10–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0504; Airspace 

Docket No. 09–AGL–7] 

Amendment of Class E Airspace; 

Tioga, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Tioga, ND. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Tioga Municipal 

Airport, Tioga, ND. This action also 

amends the geographic coordinates of 

Tioga Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at Tioga 

Municipal Airport. 

DATES: Effective 0901 UTC, December 

17, 2009. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On July 31, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Tioga, ND, reconfiguring 

controlled airspace at Tioga Municipal 

Airport, Tioga, ND. (74 FR 38142, 

Docket No. FAA–2009–0504). 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 6005 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 the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class E airspace at Tioga, ND, 

adding additional controlled airspace 

extending upward from 700 feet above 

the surface at Tioga Municipal Airport, 

Tioga, ND, for the safety and 

management of IFR operations. This 

action also amends the geographic 

coordinates of Tioga Municipal Airport. 

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 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53403 

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, 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 amends 

controlled airspace at Tioga Municipal 

Airport, Tioga, ND. 

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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL ND E5 Tioga, ND [Amended] 

Tioga, Tioga Municipal Airport, ND 

(Lat. 48°22′49′′ N., long. 102°53′51′′ W.) 

Minot AFB, ND 

(Lat. 48°24′57′′ N., long. 101°21′29′′ W.) 

Williston VORTAC 

(Lat. 48°15′12′′ N., long. 103°45′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Tioga Municipal Airport and within 

4 miles either side of the 133° bearing from 

the Tioga Municipal Airport extending from 

the 6.7-mile radius to 10.2 miles southeast of 

the airport; and that airspace extending 

upward from 1,200 feet above the surface 

bounded on the north by latitude 49°00′00′′ 

N, on the east by the 47-mile radius of Minot 

AFB, on the south by V–430, on the 

southwest by the 21.8-mile radius of the 

Williston VORTAC, and on the west by the 

North Dakota/Montana state boundary. 

* * * * * 

Issued in Fort Worth, Texas, on Oct 1, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–24619 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0541; Airspace 

Docket No. 09–ACE–7] 

Amendment of Class E Airspace; St. 

Louis, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for the St. Louis, MO area. 

Additional controlled airspace is 

necessary to accommodate Area 

Navigation (RNAV) Standard Instrument 

Approach Procedures (SIAP) at Spirit of 

St. Louis Airport, St. Louis, MO. Also, 

this action makes minor adjustments to 

the geographic coordinates for the 

Lambert-St. Louis International Airport, 

St. Louis VORTAC, and the Foristell 

VORTAC. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rule (IFR) 

operations at Spirit of St. Louis Airport. 

DATES: Effective 0901 UTC, December 

17, 2009. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On July 31, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at St. Louis, MO, reconfiguring 

controlled airspace at Spirit of St. Louis 

Airport, St. Louis, MO (74 FR 38146, 

Docket No. FAA–2009–0541). 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 6005 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 the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class E airspace at St. Louis, 

MO, adding additional controlled 

airspace at Spirit of St. Louis Airport, 

St. Louis, MO, for the safety and 

management of IFR operations. This 

action also makes minor adjustments to 

the geographic coordinates for the 

Lambert-St. Louis International Airport, 

St. Louis VORTAC, and the Foristell 

VORTAC. 

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, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 


cprice-sewell on DSK2BSOYB1PROD with RULES