41074 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

South American cactus moth is a pest 

that attacks primarily prickly pear cacti 

in arid and coastal areas. In the 

continental United States, the South 

American cactus moth has been found 

in Florida, Georgia, South Carolina, 

Alabama, and Mississippi. It has also 

been found in Hawaii, Puerto Rico, and 

the U.S. Virgin Islands, as well as more 

than 30 foreign countries. The pest 

attacks various cactus genera. The 

species that are most threatened in the 

United States belong to the genus 

Opuntia, also known as the prickly pear 

cactus. 

Opuntia cactus is valued as an 

ornamental plant material for 

landscaping projects and as a food crop. 

Other uses are as emergency forage for 

cattle during periods of drought and as 

wildlife feed for game animals. This rule 

amends the regulations by adding the 

State of Louisiana to the list of 

quarantined areas. The regulations 

restrict the interstate movement of host 

material from quarantined areas to nonquarantined areas to prevent the 

artificial spread of this pest. However, 

there are currently no nurseries in 

Louisiana known to propagate Opuntia 

or other host genera of C. cactorum for 

retail sale or interstate shipment. 

Therefore, there are no small-entity 

nurseries in Louisiana that will be 

affected by this interim rule. 

Inclusion of Louisiana in the C. 

cactorum quarantine is important in 

preventing the further expansion of this 

pest to Texas and other Western States 

and to Mexico, where Opuntia species 

are environmentally and economically 

significant. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 

204, Title II, Public Law 106–113, 113 

Stat. 1501A–293; sections 301.75–15 

and 301.75–16 issued under Sec. 203, 

Title II, Public Law 106–224, 114 Stat. 

400 (7 U.S.C. 1421 note). 

§ 301.55–3 [Amended] 

■ 2. In § 301.55–3, paragraph (c) is 

amended by adding the word 

‘‘Louisiana,’’ after the word ‘‘Georgia,’’. 

Done in Washington, DC, this 9th day 

of July 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–17276 Filed 7–14–10; 10:29 am] 

BILLING CODE: 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1105; Airspace 

Docket No. 09–ANM–23] 

Amendment of Class D and E 

Airspace; Everett, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend Class 

D and E airspace at Snohomish County 

Airport (Paine Field), Everett, WA, by 

updating the geographic coordinates of 

the airport, and removes the operating 

hours established by a Notice to Airmen 

(NOTAM) for the Class E surface area 

airspace. This action enhances the 

safety and management of Instrument 

Flight Rules (IFR) operations at 

Snohomish County Airport (Paine 

Field). 

DATES: Effective date: 0901 UTC, 

September 23, 2010. 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 February 4, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class D and E airspace at Everett, WA 

(75 FR 5702). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Subsequent to publication, the FAA 

found that the operating hours for the 

Class D airspace had not changed and, 

therefore, will continue the operating 

hours to be effective during the specific 

dates and times established in advance 

by NOTAM. 

With the exception of editorial 

changes, and the changes described 

above, this rule is the same as that 

proposed in the NPRM. 

Class D and Class E airspace 

designations are published in paragraph 

5000 and 6002, respectively, 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 D and 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 

amending Class D airspace, updating the 

geographic coordinates for Snohomish 

County Airport (Paine Field), Everett, 

WA, and continues the operating hours 

to be effective during specific dates and 

times established in advance by 

NOTAM. The Class E surface area 

airspace at Snohomish County Airport 

(Paine Field) will be continuous 24 

hours, and no longer effective during 

specific dates and times established in 


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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41075 

advance by NOTAM. The geographic 

coordinates of the airport also will be 

updated. This action is necessary for the 

safety and management of IFR 

operations at the 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 

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 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 amends 

controlled airspace at Snohomish 

County Airport (Paine Field), Everett, 

WA. 

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 5000 Class D Airspace. 

* * * * * 

ANM WA D Everett, WA [Amended] 

Everett, Snohomish County Airport (Paine 

Field), WA 

(Lat. 47°54′25′′ N., long. 122°16′54′′ W.) 

That airspace extending upward from the 

surface to and including 3,100 feet MSL 

within a 4.5-mile radius of the Snohomish 

County Airport (Paine Field). This Class D 

airspace area is effective during specific dates 

and times established in advance by a Notice 

to Airmen. The effective date and time will 

thereafter by continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

ANM WA E2 Everett, WA [Amended] 

Everett, Snohomish County Airport (Paine 

Field), WA 

(Lat. 47°54′25′′ N., long. 122°16′54′′ W.) 

That airspace extending upward from the 

surface to and including 3,100 feet MSL 

within a 4.5-mile radius of the Snohomish 

County Airport (Paine Field). 

Issued in Seattle, Washington, on June 30, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17130 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1220; Airspace 

Docket No. 09–ANM–30] 

Amendment of Class E Airspace; 

Bozeman, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend Class 

E airspace at Bozeman, MT, to 

accommodate aircraft using a new VHF 

Omni-Directional Radio Range (VOR) 

Standard Instrument Approach 

Procedures (SIAPs) at Gallatin Field 

Airport. This will improve the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: Effective date, 0901 UTC, 

September 23, 2010. 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 April 19, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Bozeman, MT (75 FR 20321). 

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 6004 and 6005, 

respectively, 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 that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

adding additional Class E surface 

airspace, and additional Class E airspace 

extending upward from 700 feet above 

the surface, at Gallatin Field Airport, 

Bozeman, MT, to accommodate IFR 

aircraft executing a new VOR SIAPs at 

the airport. This action is necessary for 

the safety and management of IFR 

operations at the airport. 

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 


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