47252 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0688; Airspace 

Docket No. 09–AGL–23] 

RIN 2120–AA66 

Proposed Establishment of Low 

Altitude Area Navigation Routes (T– 

281, T–283, T–285, T–286, and T–288); 

Nebraska and South Dakota 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish five low altitude Area 

Navigation (RNAV) routes, designated 

T–281, T–283, T–285, T–286, and T– 

288, over Nebraska and South Dakota; 

controlled by Denver Air Route Traffic 

Control Center (ARTCC) and 

Minneapolis ARTCC. T-routes are low 

altitude Air Traffic Service routes, based 

on RNAV, for use by aircraft that have 

instrument flight rules (IFR) approved 

Global Positioning System (GPS)/Global 

Navigation Satellite System (GNSS) 

equipment. This action would enhance 

safety and improve the efficient use of 

the navigable airspace within Denver 

and Minneapolis ARTCC airspace. 

DATES: Comments must be received on 

or before September 20, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2010–0688 and 

Airspace Docket No. 09–AGL–23 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

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: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2010–0688 and Airspace Docket No. 09– 

AGL–23) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2010–0688 and 

Airspace Docket No. 09–AGL–23.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov, or the Federal Register’s 

Web page at http://www.faa.gov/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, Air Traffic 

Organization, Federal Aviation 

Administration, 901 Locust, Kansas 

City, MO 64106. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

The Manager, Denver ARTCC, has 

proposed the establishment of five 

RNAV routes, from Denver ARTCC 

airspace into Minneapolis ARTCC 

airspace. Currently, there are no 

established airways to allow aircraft to 

navigate between the sites identified in 

the proposed routes. The pilot’s only 

options are to either fly Visual Flight 

Rules (VFR), VFR-On-Top, or file a 

flight plan with an altitude high enough 

for air traffic control to maintain radar 

surveillance and communication 

frequency coverage; unless they fly 

many miles out of their way to use 

established airways. The Minimum 

Instrument Flight Rules (IFR) Altitude 

(MIA) in these areas is between 4,000 

feet mean sea level (MSL) and 7,000 feet 

MSL. The radio coverage is very good at 

the low altitudes between these points, 

but the radar surveillance coverage is 

not reliable below 11,000 feet MSL. In 

the winter months, these routes would 

be especially important because the 

pilots encounter icing at the higher 

altitudes and need to descend, 

sometimes below radar surveillance 

coverage. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to establish five low 

altitude RNAV routes within Denver 

and Minneapolis ARTCC airspace. The 

routes, designated as T–281, T–283, 

T–285, T–286, and T–288, would be 

depicted on the appropriate IFR En 

Route Low Altitude charts and would 

only be intended for use by GPS/GNSS 

equipped aircraft. This action is 

proposed to enhance safety and to 

facilitate the efficient use of navigable 

airspace for en route IFR operations 

within Denver and Minneapolis ARTCC 

airspace. 

Low altitude RNAV routes are 

published in paragraph 6011 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The low altitude RNAV routes 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 47253 

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 proposed 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 establishes low altitude Area 

Navigation routes (T-routes) over 

Nebraska and South Dakota in Denver 

and Minneapolis ARTCC airspace. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 FAA 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–281 YOZLE, NE to Pierre, SD [New] 

YOZLE, NE Fix (Lat. 41°01′33′′ N., long. 99°39′06′′ W.) 

BOKKI, NE Fix (Lat. 41°39′55′′ N., long. 99°52′17′′ W.) 

Ainsworth, NE (ANW) VOR/DME (Lat. 42°34′09′′ N., long. 99°59′23′′ W.) 

LKOTA, SD WP (New) (Lat. 43°15′28′′ N., long. 100°03′14′′ W.) 

Pierre, SD (PIR) VORTAC (Lat. 44°23′40′′ N., long. 100°09′46′′ W.) 

*******

T–283 Scottsbluff, NE to Pierre, SD [New] 

Scottsbluff, NE (BFF) VORTAC (Lat. 41°53′39′′ N., long. 103°28′55′′ W.) 

Gordon, NE (GRN) NDB (Lat. 42°48′04′′ N., long. 102°10′46′′ W.) 

WNDED, SD WP (New) (Lat. 43°19′14′′ N., long. 101°32′19′′ W.) 

Pierre, SD (PIR) VORTAC (Lat. 44°23′40′′ N., long. 100°09′46′′ W.) 

*******

T–285 North Platte, NE to Huron, SD [New] 

North Platte, NE (LBF) VORTAC (Lat. 41°02′55′′ N., long. 100°44′50′′ W.) 

Thedford, NE (TDD) VOR/DME (Lat. 41°58′54′′ N., long. 100°43′09′′ W.) 

MARSS, NE Fix (Lat. 42°27′49′′ N., long. 100°36′15′′ W.) 

Valentine, NE (VTN) NDB (Lat. 42°51′42′′ N., long. 100°32′59′′ W.) 

LKOTA, SD WP (New) (Lat. 43°15′28′′ N., long. 100°03′14′′ W.) 

Winner, SD (ISD) VOR (Lat. 43°29′16′′ N., long. 99°45′41′′ W.) 

Huron, SD (HON) VORTAC (Lat. 44°26′24′′ N., long. 98°18′40′′ W.) 

*******

T–286 Rapid City, SD to Grand Island, NE [New] 

Rapid City, SD (RAP) VORTAC (Lat. 43°58′34′′ N., long. 103°00′44′′ W.) 

Gordon, NE (GRN) NDB (Lat. 42°48′04′′ N., long. 102°10′46′′ W.) 

EFFEX, NE WP (New) (Lat. 42°19′59′′ N., long. 101°20′11′′ W.) 

Thedford, NE (TDD) VOR/DME (Lat. 41°58′54′′ N., long. 100°43′09′′ W.) 

BOKKI, NE Fix (Lat. 41°39′55′′ N., long. 99°52′17′′ W.) 

Grand Island, NE (GRI) VORTAC (Lat. 40°59′03′′ N., long. 98°18′53′′ W.) 

*******

T–288 Rapid City, SD to Wolback, NE [New] 

Rapid City, SD (RAP) VORTAC (Lat. 43°58′34′′ N., long. 103°00′44′′ W.) 

WNDED, SD WP (New) (Lat. 43°19′14′′ N., long. 101°32′19′′ W.) 

Valentine, NE (VTN) NDB (Lat. 42°51′42′′ N., long. 100°32′59′′ W.) 

Ainsworth, NE (ANW) VOR/DME (Lat. 42°34′09′′ N., long. 99°59′23′′ W.) 

FESNT, NE WP (New) (Lat. 42°03′57′′ N., long. 99°17′18′′ W.) 

Wolback, NE (OBH) VORTAC (Lat. 41°22′33′′ N., long. 98°21′13′′ W.) 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS
47254 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 

Issued in Washington, DC, on July 27, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–19270 Filed 8–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 30P; AG Order No. 3182– 

2010] 

RIN 1140–AA34 

Elimination of Firearms Transaction 

Record, ATF Form 4473 (Low Volume) 

(2008R–21P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice is 

proposing to amend the regulations of 

the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) by 

eliminating the Firearms Transaction 

Record, ATF Form 4473 (Low Volume 

(LV)), Parts I and II. These forms may be 

used by federally licensed firearms 

dealers as an alternate record for the 

receipt and disposition of firearms. 

Because licensees rarely use Forms 4473 

(LV), ATF has determined that 

continued use of these forms is 

unwarranted and they should be 

eliminated. The standard Form 4473, 

Firearms Transaction Record, is being 

retained. If the proposed rule is 

adopted, licensees will be required to 

use the standard Form 4473 for all 

dispositions and maintain a record of 

the acquisition and disposition of 

firearms in accordance with the 

regulations. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

November 3, 2010. Commenters should 

be aware that the electronic Federal 

Docket Management System will not 

accept comments after midnight Eastern 

Time on the last day of the comment 

period. 

ADDRESSES: Send comments to any of 

the following addresses— 

• Scott P. Armstrong-Cezar, Industry 

Operations Specialist, Room 6N–602, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, U.S. Department of 

Justice, 99 New York Avenue, NE., 

Washington, DC 20226; Attn: ATF 30P. 

Written comments must appear in a 

minimum 12-point size of type (.17 

inches), include your mailing address, 

be signed, and may be of any length. 

• 202–648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

eRulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this proposed rule at the 

http://www.regulations.gov site. 

See the Public Participation section at 

the end of the SUPPLEMENTARY

INFORMATION section for instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

FOR FURTHER INFORMATION CONTACT: 

Scott P. Armstrong-Cezar, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Avenue, NE., Washington, 

DC 20226; telephone: (202) 648–7119. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Attorney General is responsible 

for enforcing the provisions of the Gun 

Control Act of 1968 (‘‘the Act’’), 18 

U.S.C. chapter 44. Among other things, 

the Act authorizes the Attorney General 

to establish license and record-keeping 

requirements. Enforcement 

responsibility under the Act has been 

delegated to the Director of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives (ATF), subject to the 

direction of the Attorney General and 

the Deputy Attorney General. 28 CFR 

0.130(a). Pursuant to an earlier 

delegation from the Secretary of the 

Treasury before ATF became a part of 

the Department of Justice in 2003, ATF 

has promulgated regulations that 

implement the provisions of the Act in 

27 CFR part 478. 

Section 478.125(e) requires that each 

federally licensed firearms dealer enter 

into a record each receipt and 

disposition of firearms. The record must 

be maintained in bound form under the 

format prescribed in the regulations. 

Regarding the purchase or other 

acquisition of a firearm by a licensed 

dealer, the record must show the date of 

receipt, the name and address or the 

name and license number of the person 

from whom received, the name of the 

manufacturer and importer (if any), the 

model, serial number, type, and the 

caliber or gauge of the firearm. Licensed 

dealers must also record certain 

information regarding the sale or other 

disposition of a firearm, e.g., the date of 

the sale or other disposition of the 

firearm, the name and address of the 

person to whom the firearm is 

transferred, or the name and license 

number of the person to whom the 

firearm is transferred if such person is 

a licensee. 

Section 478.124a, which became 

effective August 1, 1988, provides for 

alternate records for the receipt and 

disposition of firearms by licensed 

dealers. This section generally provides 

that a licensed dealer acquiring firearms 

and contemplating the disposition of 

not more than 50 firearms within a 

succeeding 12-month period to 

licensees or nonlicensees may maintain 

a record of the acquisition and 

disposition of such firearms on a 

firearms transaction record, Form 4473 

(LV) Part I, Firearms Transaction Record 

Part I—Low Volume—Over-TheCounter, or Form 4473 (LV) Part II, 

Firearms Transaction Record Part II Low 

Volume—Intrastate Non-Over-TheCounter, in lieu of the records 

prescribed by § 478.125(e). A licensed 

dealer who maintains alternate records 

pursuant to § 478.124a, but whose 

firearms dispositions exceed 50 firearms 

within a 12-month period, must make 

and maintain the acquisition and 

disposition records required by 

§ 478.125(e) with respect to each firearm 

exceeding 50. 

The standard Form 4473, Firearms 

Transaction Record, is the form 

commonly used by firearms licensees to 

effect distributions of firearms to 

nonlicensed individuals. This form is 

supported by the licensee’s acquisition 

and disposition summary record. The 

Form 4473 (LV) combines the 

acquisition and disposition record into 

the form for use by low volume 

licensees (i.e., dealers distributing not 

more than 50 firearms per year). 

II. Proposed Rule 

ATF has determined that firearms 

licensees rarely use the Firearms 

Transaction Record, Form 4473 (LV), 

Parts I or II. According to ATF’s 

Distribution Center, of the 

approximately 70,000 orders it receives 

annually for various forms, there are 

rarely, if ever, requests for Form 4473 

(LV). The form has not been printed 

since 2005 and, in the most recent sixmonth reporting period (August 2008 to 

February 2009), ATF has received no 

requests for the form. Because of Form 

4473 (LV)’s infrequent use, ATF 

believes the form should be eliminated. 

In addition, since § 478.124a became 

effective, there have been several 

legislative amendments to the Gun 

Control Act, which have resulted in 

numerous revisions to the Form 4473 

(LV). ATF has determined that updating 

and revising this form, along with the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS