This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 

# Rules and Regulations Federal Register 

### 18047

Vol. 75, No. 68

Friday, April 9, 2010

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**
**[Docket No. FAA–2010–0300; Airspace Docket No. 10–ASO–17]** 
**Amendment of Class D Airspace; Hollywood, FL** 

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

**ACTION :**  Technical amendment.

**SUMMARY :**  This action makes a minor correction to a final rule published in the Federal Register on July 23, 1997, amending Class D airspace at North Perry Airport, Hollywood, FL.

**DATES :**  Effective Date: 0901 UTC. May 10, 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 :**  Melinda Giddens, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–5610.

**SUPPLEMENTARY INFORMATION :**  History

In a final rule published in the Federal Register July 23, 1997 (62 FR 39430) Airspace Docket 97–ASO–7, the airspace description for North Perry Airport, Hollywood, FL, incorrectly referenced the Miami, FL, Class B airspace area exclusion as Class D airspace area. This action corrects that

error.

The FAAs National Aeronautical Charting Office correctly charted the Class B airspace area exclusion. Accordingly, since this is an administrative change, and does not involve a change in the dimensions or operating requirements of that airspace, notice and public procedures under 5 U.S.C. 553 (b) are unnecessary. Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Technical 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, and effective September 15, 2009, is amended as follows:

Paragraph 5000 Class D Airspace
* * * * * ASO FL D Hollywood, FL [Amended] Hollywood, North Perry Airport, FL

(Lat. 26 ° 00 ′05 ′′ N., long 80 ° 14 ′ 26′′ W.) Opa Locka Airport

(Lat. 25 ° 54 ′ 26′′ N., long 80 ° 16 ′48 ′′ W.) That airspace extending upward from the surface to and including 2,500 feet MSL within a 4-mile radius of the North Perry Airport; excluding the portion north of the north boundary of the Miami, FL, Class B airspace area and that portion south of a line connecting the 2 points of intersection with a 4.3-mile circle centered on the Opa Locka Airport. 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 be continuously published in the Airport/Facility Directory.

Issued in College Park, Georgia, on April 1,
2010. Barry A. Knight, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2010–8014 Filed 4–8–10; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 71**
**[Docket No. FAA–2010–0015; Airspace Docket No. 09–ASW–18]** 

**RIN 2120–AA66**

**Amendment of Low Altitude Area Navigation Route T–254; Houston, TX** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This action amends low altitude Area Navigation (RNAV) route T–254 in the Houston, TX, terminal area by eliminating the segment between the Centex, TX, VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) and the College Station, TX, VORTAC. The FAA is taking this action to eliminate a portion of T–254 that is no longer needed; thus, enhancing safety and the efficient use of the navigable airspace in the Houston, TX, terminal area.

**DATES :**  Effective Dates: 0901 UTC, June 3, 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 :**  Colby Abbott, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783.

**SUPPLEMENTARY INFORMATION :**  History

On Tuesday, February 9, 2010, the FAA published in the Federal Register a notice of proposed rulemaking to amend low altitude Area Navigation (RNAV) route T–254 in the Houston, TX, terminal area (75 FR 6319). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending area navigation route T–254


### 18048 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations

in the Houston, TX, terminal area. Specifically, the FAA is eliminating the route segment of T–254 between the Centex, TX, VORTAC and College Station, TX, VORTAC. This action eliminates unnecessary duplication with an existing route segment of Federal Airway V–565 to enhance safety and facilitate the efficient use of the navigable airspace for en route instrument flight rules operations transitioning around the Houston Class B terminal airspace area.

Low altitude RNAV routes are published in paragraph 6011 of FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The low altitude RNAV route listed in this document will be published subsequently 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 Department of Transportation (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 the 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 a low altitude Area Navigation route (T–254) in the Houston, TX, terminal area.

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, ’’ paragraphs 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 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows:

Paragraph 6011 Area Navigation Routes
* * * * *
T–254 College Station, TX to Lake Charles, LA [Amended] College Station, TX (CLL) VORTAC

(Lat. 30 ° 36 ′ 18 ′′ N., long. 96 ° 25 ′ 14′′ W.) EAKES, TX WP

(Lat. 30 ° 33 ′ 18 ′′ N., long. 95 ° 18 ′ 29′′ W.) CREPO, TX WP

(Lat. 30 ° 16 ′ 54′′ N., long. 94 ° 14 ′43 ′′ W.) Lake Charles, LA (LCH) VORTAC

(Lat. 30 ° 08 ′ 29′′ N., long. 93 ° 06 ′ 20′′ W.) Issued in Washington, DC, on April 1,

2010. Ellen Crum, Acting Manager, Airspace and Rules Group.
[FR Doc. 2010–8015 Filed 4–8–10; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR** 

**Office of Surface Mining Reclamation and Enforcement** 

**30 CFR Part 936**
**[SATS No. OK–032–FOR; Docket No. OSM– 2008–0023]** 
**Oklahoma Regulatory Program**

**AGENCY :**  Office of Surface Mining Reclamation and Enforcement, Interior.

**ACTION :**  Final rule; approval of amendment.

**SUMMARY :**  We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Oklahoma Department of Mines (ODM, Oklahoma, or department) made revisions to its rules regarding circumstances under which a notice of violation may have an abatement period greater than 90 days. Oklahoma revised its program at its own initiative to improve operational efficiency.

**DATES :**  Effective Date: April 9, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Alfred L. Clayborne, Director, Tulsa Field Office, and Telephone: (918) 581– 6430, E-mail: aclayborne@osmre.gov.

**SUPPLEMENTARY INFORMATION :** 

I. Background on the Oklahoma Program II. Submission of the Amendment III. OSM’s Findings IV. Summary and Disposition of Comments V. OSM’s Decision VI. Procedural Determinations I. Background on the Oklahoma Program

Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, ‘‘a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act, and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act. ’’ See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Oklahoma program on January 19, 1981. You can find background information on the Oklahoma program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Oklahoma program in