Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53409 

comments received. Recently published 

rulemaking documents can also be 

accessed through the FAA’s Web page at 

http://www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0651; Airspace 

Docket No. 09–AEA–15.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

revises Class E Airspace at Beckley, WV 

by modifying the Raleigh County 

Memorial Airport Class E airspace to 

provide adequate controlled airspace for 

IFR operations at Beckley, WV. 

Controlled airspace extending upward 

from the surface of the Earth is required 

to encompass the airspace necessary for 

instrument approaches for aircraft 

operating under Instrument Flight Rules 

(IFR). Designations for Class E airspace 

areas extending upward from 700 feet 

above the surface of the Earth are 

published in 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 designations 

listed in this document will be 

published subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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 modifies controlled airspace at 

Beckley, WV. 

Lists 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 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA WV E2 Beckley, WV [REVISED] 

Raleigh County Memorial Airport, WV 

(Lat. 37°47′14′′ N., long 81°07′27′′ W.) 

Beckley VORTAC 

(Lat. 37°46′49′′ N., long 81°07′24′′ W.) 

Within a 4.3-mile radius of Raleigh County 

Memorial Airport and within 2.7 miles each 

side of the Beckley VORTAC 284° radial 

extending from the 4.3-mile radius to 7.4 

miles west of the VORTAC and within 2.7 

miles each side of the Beckley VORTAC 001° 

radial extending from the 4.3-mile radius to 

7.4 miles north of the VORTAC and within 

3.5 miles each side of the Beckley VORTAC 

200° radial extending from the 4.3-mile 

radius to 9.2 miles south of the VORTAC and 

within 1 mile each side of the 098° radial 

extending from the 4.3 mile radius to 4.9 

miles east of the airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA WV E5 Beckley, WV [REVISED] 

Raleigh County Memorial Airport, WV 

(Lat. 37°47′14′′ N., long 81°07′27′′ W.) 

Beckley VORTAC 

(Lat. 37°46′49′′ N., long 81°07′24′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 7-mile radius 

of Raleigh County Memorial Airport and 

within 4 miles north and 8 miles south of the 

Beckley VORTAC 284° radial extending from 

the 7-mile radius to 16 miles west of the 

VORTAC and within 4 miles each side of the 

Beckley VORTAC 200° radial extending from 

the 7-mile radius to 10 miles south of the 

VORTAC. 

* * * * * 

Issued in College Park, Georgia, on October 

7, 2009. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–24935 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0916] 

Drawbridge Operation Regulation; 

Blackwater River, Milton, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 


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53410 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

temporary deviation from the regulation 

governing the operation of the CSX 

Transportation Railroad swing bridge 

across the Blackwater River, mile 2.80, 

at Milton, Florida. The deviation is 

necessary to replace the center pivot 

bearing of the swing span and will allow 

the bridge to remain closed to 

navigation for two consecutive days. 

DATES: This deviation is effective from 

7 a.m. on November 5, 2009 through 5 

p.m. on November 6, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0916 and are available online by going 

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

USCG–2009–0916 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 proposed 

rule, call or e-mail Lindsey Middleton, 

Bridge Administration Branch; 

telephone 504–671–2128, e-mail 

Lindsey.R.Middleton@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: CSX 

Transportation has requested a 

temporary deviation for their railroad 

swing span bridge across the Blackwater 

River, mile 2.80, in Milton, Florida. The 

vertical clearance of the bridge in the 

closed-to-navigation position is 5.5 feet 

above mean sea level and 7.0 feet above 

mean low water. Currently, according to 

33 CFR 117.271, the draw of the CSX 

Transportation Railroad bridge, mile 2.8 

at Milton, shall open on signal; except 

that, from 8 p.m. to 4 a.m., the draw 

shall open on signal if at least eight 

hours notice is given. The deviation 

period will be in effect from 7 a.m. on 

November 5, 2009 until 5 p.m. on 

November 6, 2009. During this time the 

swing span bridge will be closed to 

navigation for the center pivot bearing 

of the swing span to be replaced. This 

work is essential for the continued 

operation of the draw span. Primary 

users of this waterway are recreational 

boaters. The Coast Guard will inform 

these users through the Local Notice to 

Mariners. There are no alternate routes 

available and this bridge cannot be 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: October 6, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–25021 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0812] 

RIN 1625–AA00 

Safety Zone; Catholic Church 

Procession; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon the 

navigable waters of San Diego Bay in 

support of the Catholic Church 

Procession Fireworks Display. This 

safety zone is necessary to provide for 

the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 2 p.m. 

through 4 p.m. on October 19, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0812 and are available online by going 

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

USCG–2009–0812 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 Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; 

telephone 619–278–7262, e-mail 

Shane.E.Jackson@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) 

with respect to this rule because 

immediate action is necessary to protect 

the safety of the crew, spectators, and 

other vessels and users of the waterway 

from the hazards associated with 

fireworks displays. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. Any 

delay in the effective date of this rule 

will expose mariners to the dangers 

associated with the pyrotechnics used 

in the fireworks display. 

Background and Purpose 

Fireworks & Stage FX America is 

sponsoring the Catholic Church 

Procession Fireworks Display, which 

will include a fireworks presentation 

from a wooden pier at the end of Grape 

Street in San Diego Bay. The safety zone 

will encompass the navigable waters 

extending out 300 feet from the firing 

site located at the end of the pier. This 

temporary safety zone is necessary to 

provide for the safety of the crew, 

spectators, and other vessels and users 

of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

2 p.m. to 4 p.m. on October 19, 2009. 

The safety zone will consist of a 300 

foot radius around the end of Grape 

Street Pier 2 in San Diego Bay. 

The safety zone is necessary to 

provide for the safety of the crews, 

spectators, and other vessels and users 

of the waterway. Persons and vessels 

will be prohibited from entering into, 

transiting through, or anchoring within 

this safety zone unless authorized by the 

Captain of the Port or his designated 

representative. 


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