Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38723

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

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.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy-related

aspects of the rule that might suggest a

need to modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters 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. 00–ACE–15.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the 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 is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation: (1) Is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends 14 CFR part 71

as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; 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

September 10, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE KS E5 Coffeyville, KS [Revised]

Coffeyville Municipal Airport, KS

(Lat. 37°05′39′′ N., long. 95°34′19′′ W.)

Coffeyville NDB

(Lat. 37°05′45′′ N., long. 95°34′26′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.6-mile

radius of Coffeyville Municipal Airport and

within 2.6 miles each side of the 171° bearing

from the Coffeyville NDB extending from the

6.6-mile radius to 7 miles south of the

airport.

* * * * *

Issued in Kansas City, MO, on June 8,

2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00–15535 Filed 6–21–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99–ANE–91]

RIN 2120–AA66

Modification of the East Coast Low

Airspace Area

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the East

Coast Low Airspace Area. Specifically,

this action modifies the East Coast Low

Airspace Area by extending the

boundaries further east, south, and

southwest of the Nantucket Airport,

MA, and lowering the controlled

airspace floor in this new area to 2,000

feet mean sea level (MSL). The FAA is

taking this action to provide additional

controlled airspace for aircraft

operations arriving and departing the

Nantucket Airport.

EFFECTIVE DATE: 0901 UTC, July 24,

2000.

FOR FURTHER INFORMATION CONTACT:

Terry Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

On March 14, 2000, the FAA

published a proposal in the Federal

Register, to amend the East Coast Low

Airspace Area (65 FR 13705). Interested

parties were invited to participate in

this rulemaking effort by submitting

written comments on the proposal. In

response to the notice, the FAA received

no comments on this action. Except for

editorial changes, this rule is the same

as that proposed in the notice.

The Rule

This action amends 14 CFR part 71 by

modifying the East Coast Low Airspace

Area. This action extends the present

airspace boundaries further east, south,

and southwest of the Nantucket Airport

and lowers the controlled floor in this

area to 2,000 feet MSL. This

modification will provide additional

airspace to allow for more efficient

control of Nantucket Airport arrivals

and departures.

Offshore airspace area designations

are published in paragraph 6007 of FAA

Order 7400.9G, which is dated

September 1, 1999, and was effective on

38724 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

September 16, 1999. FAA Order

7400.9G is incorporated by reference in

14 CFR 71.1. The offshore airspace area

described in this document will be

published in the Order.

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.

International Civil Aviation

Organization (ICAO) Considerations

Since part of this rule effects

navigable airspace outside the United

States, the notice of proposed

rulemaking was submitted to the

Department of State and the Department

of Defense in accordance with the ICAO

International Standards and

Recommended Practices.

The application of International

Standards and Recommended Practices

by the FAA, Office of Air Traffic

Airspace Management, in areas outside

U.S. domestic airspace, is governed by

the Convention on International Civil

Aviation. Specifically, the FAA is

governed by Article 12 and Annex 11 of

the Convention, which pertain to the

establishment of necessary air

navigational facilities and services to

promote the safe, orderly, and

expeditious flow of civil air traffic. The

purpose of Article 12 and Annex 11 is

to ensure that civil aircraft operations

on international air routes are

performed under uniform conditions.

The International Standards and

Recommended Practices in Annex 11

apply to airspace under the jurisdiction

of a contracting state, derived from

ICAO. Annex 11 provisions apply when

air traffic services are provided and a

contracting state accepts the

responsibility of providing air traffic

services over high seas or in airspace of

undetermined sovereignty. A

contracting state accepting this

responsibility may apply the

International Standards and

Recommended Practices that are

consistent with standards and practices

utilized in its domestic jurisdiction.

In accordance with Article 3 of the

Convention, state-owned aircraft are

exempt from the Standards and

Recommended Practices of Annex 11.

The United States is a contracting state

to the Convention. Article 3(d) of the

Convention provides that participating

state aircraft will be operated in

international airspace with due regard

for the safety of civil aircraft.

Because this amendment involves, in

part, the designation of navigable

airspace outside of the United States,

the Administrator has consulted with

the Secretary of State and the Secretary

of Defense in accordance with the

provisions of Executive Order 10854.

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,

CLASS B, CLASS C, CLASS D AND

CLASS E AIRSPACE AREAS;

AIRWAYS; 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 the Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6007 Offshore Airspace Areas

* * * * *

East Coast Low [Revised]

That airspace extending upward from

2,000 feet MSL bounded on the west and

north by a line 12 miles from and parallel to

the U.S. shoreline and on the south and east

by a line beginning at lat. 39°25′46′′ N., long.

74°02′34′′ W.; to lat. 39°02′05′′ N., long.

73°39′30′′ W.; to lat. 40°04′20′′ N., long.

72°30′00′′ W.; to lat. 40°37′14′′ N., long.

72°30′00′′ W.; and that airspace bounded on

the west and north by a line 12 miles from

and parallel to the U.S. shoreline and on the

south and east by a line beginning at lat.

40°41′00′′ N., long. 72°17′00′′ W., thence

along the northern boundary of Warning

Areas W–106B and W–105A to lat. 40°58′33′′

N., long. 70°59′00′′ W.; to lat. 40°48′30′′ N.,

long. 70°30′00′′ W.; to lat. 40°59′00′′ N., long.

69°40′00′′ W.; to lat. 41°30′00′′ N., long.

69°10′00′′ W.; to lat. 42°05′00′′ N., long.

69°30′00′′ W.; to lat. 42°17′00′′ N., long.

69°49′30′′ W.; to lat. 42°17′00′′ N., long.

70°00′00′′ W.; to lat. 43°17′00′′ N., long.

70°00′00′′ W.; to lat. 43°33′56′′ N., long.

69°29′12′′ W.

* * * * *

Issued in Washington, DC, on June 15,

2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–15811 Filed 6–21–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–069–FOR]

Alabama Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving an amendment to the

Alabama regulatory program (Alabama

program) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). Alabama proposed revisions

to and additions of regulations

concerning removal of coal incidental to

government-financed construction and

the suitability of topsoil substitutes or

supplements. Alabama also corrected

citation references. Alabama intends to

revise its program to be consistent with

the corresponding Federal regulations.

EFFECTIVE DATE: June 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining,

135 Gemini Circle, Suite 215,

Homewood, Alabama 35209. Telephone:

(205) 290–7282. Internet:

aabbs@balgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. You can find

background information on the Alabama

program, including the Secretary’s

findings, the disposition of comments,