Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Rules and Regulations 44719 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–1050; Airspace 

Docket No. 09–ASW–40] 

RIN 2120–AA66 

Amendment and Establishment of 

Restricted Areas and Other Special 

Use Airspace, Razorback Range 

Airspace Complex, AR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes two 

new restricted areas, amends an existing 

restricted area, and amends the 

boundaries description of the Special 

Use Airspace (SUA) Hog High North 

military operation area (MOA) that is 

contained in the Razorback Range 

Airspace Complex (RRAC) in the 

vicinity of Fort Chaffee, AR. Unlike 

restricted areas, which are designated 

under 14 CFR part 73, MOAs are not 

rulemaking airspace actions. However, 

since the proposed R–2402B airspace 

and the Hog High North MOA airspace 

overlap, the FAA included a description 

of the Hog High North MOA change in 

the NPRM. The Air National Guard 

(ANG) requested these airspace changes 

to permit more realistic aircrew training 

in modern tactics to be conducted 

within the RRAC and to enable more 

efficient use of the National Airspace 

System. 

DATES: Effective date 0901 UTC, 

November 18, 2010. 

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, March 30, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish two restricted areas (R– 

2402B and R–2402C) and amend an 

existing restricted area (R–2402) and 

MOA (Hog High North) in the RRAC, 

AR (75 FR 15632). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal. In that 

NPRM, the airspace docket number was 

incorrectly published as ‘‘09–ASW–3’’ 

instead of ‘‘09–ASW–40.’’ On Monday, 

April 19, 2010, the FAA published an 

NPRM correction, correcting the 

airspace docket number to ‘‘09–ASW– 

40’’ (75 FR 20323). No comments were 

received to this proposed action. 

Military Operations Areas (MOA) 

MOAs are established to separate or 

segregate nonhazardous military flight 

activities from aircraft operating in 

accordance with instrument flight rules 

(IFR), and to advise pilots flying under 

VFR where these activities are 

conducted. IFR aircraft may be routed 

through an active MOA only by 

agreement with the using agency and 

only when air traffic control can provide 

approved separation from the MOA 

activity. VFR pilots are not restricted 

from flying in an active MOA, but are 

advised to exercise caution while doing 

so. As noted in the NPRM, MOAs are 

nonregulatory airspace areas that are 

established administratively and 

published in the National Flight Data 

Digest (NFDD) rather than through 

rulemaking procedures. When a 

nonrulemaking action is an integral part 

of a rulemaking action, FAA procedures 

allow for the nonrulemaking changes to 

be included in the rulemaking action. 

Since the Hog High North MOA is an 

integral part of the Razorback Airspace 

Complex, the MOA change is included 

in this rule as well as being published 

in the NFDD. 

The Hog High North MOA boundaries 

description is being amended to include 

the statement, ‘‘excluding R–2402B, 

when that restricted area is active.’’ This 

amendment will prevent airspace 

conflict with the overlapping R–2402B 

being established. The amended 

boundaries description will also be 

published in the NFDD; the rest of the 

MOA legal description is unchanged. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

establishing R–2402B and R–2402C, and 

amending R–2402 in the RRAC in the 

vicinity of Fort Chaffee, AR. At the 

request of the ANG, this action 

establishes two new restricted areas [R– 

2402B and R–2402C] to provide the 

vertical and lateral maneuvering 

airspace needed for military aircraft to 

conduct medium to high altitude 

standoff weapon delivery profiles. 

Specifically, R–2402B will extend 

approximately 5 nautical miles (NM) to 

the east and 3 NM to the south of R– 

2402 (into Hog High North MOA), from 

10,000 feet MSL to FL220; R–2402C will 

extend approximately 5 NM to the east 

and north of R–2402, from 13,000 feet 

MSL to FL220. The restricted areas will 

be activated when maneuvering airspace 

is required and cannot be activated 

without R–2402 being active also. When 

the restricted areas are not required for 

training requirements, that airspace will 

be released to Memphis ARTCC for 

access by nonparticipating aircraft, as 

appropriate. 

To keep the naming convention of the 

R–2402 complex standardized, the ‘‘R– 

2402 Fort Chaffee, AR’’ restricted area is 

renamed ‘‘R–2402A Fort Chaffee, AR.’’ 

Additionally, to ensure the time of 

designation of all R–2402 restricted 

areas in the RRAC are consistent and 

cannot be misinterpreted, the time of 

designation for R–2402A is changed 

from ‘‘Monday through Sunday’’ to 

‘‘daily.’’ 

Section 73.34 of Title 14 CFR part 73 

was republished in FAA Order 7400.8S, 

effective February 16, 2010. 

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. 

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 and amends restricted 

airspace in the RRAC in the vicinity of 

Fort Chaffee, AR. 

Environmental Review 

The FAA has determined that 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. The FAA 

based this determination on the 

analyses conducted by the Arkansas 

National Guard and that it is in 

compliance with the National 

Environmental Policy Act in accordance 

with FAA Order 1050.1E, 

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44720 Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Rules and Regulations 

Environmental Impacts: Policies and 

Procedures. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.24 [Amended] 

■ 2. § 73.24 is amended as follows: 

* * * * * 

R–2402 Fort Chaffee, AR [Removed] 

R–2402A Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°18′09′′ N., 

long. 94°03′01′′ W.; to lat. 35°17′00′′ N., long. 

94°03′01′′ W.; to lat. 35°17′00′′ N., long. 

94°01′01′′ W.; to lat. 35°10′20′′ N., long. 

94°01′01′′ W.; thence west along Arkansas 

State Highway No. 10 to lat. 35°11′33′′ N., 

long. 94°12′01′′ W.; to lat. 35°13′50′′ N., long. 

94°12′01′′ W.; to lat. 35°18′10′′ N., long. 

94°12′01′′ W.; to lat. 35°18′12′′ N., long. 

94°09′52′′ W.; thence east along Arkansas 

State Highway No. 22 to the point of 

beginning. 

Designated altitudes. Surface to and 

including 30,000 feet MSL. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Commanding General, Fort 

Chaffee, AR. 

* * * * * 

R–2402B Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°18′26′′ N., 

long. 93°55′41′′ W.; thence clockwise along a 

7–NM radius circle centered at lat. 35°15′26′′ 

N., long. 94°03′24′′ W.; to lat. 35°10′55′′ N., 

long. 94°09′57′′ W.; thence east along 

Arkansas State Highway 10 to lat. 35°10′20′′ 

N., long. 94°01′01′′ W.; to lat. 35°17′00′′ N., 

long. 94°01′01′′ W.; to lat. 35°17′00′′ N., long. 

94°03′01′′ W.; to lat. 35°18′09′′ N., long. 

94°03′01′′ W.; thence east along Arkansas 

State Highway 22 to the point of beginning. 

Designated altitudes. 10,000 feet MSL to, 

but not including, FL 220. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Arkansas Air National 

Guard, 188th Fighter Wing, Fort Smith, AR. 

* * * * * 

R–2402C Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°21′48′′ N., 

long. 94°06′59′′ W.; thence clockwise along a 

7–NM radius circle centered at lat. 35°15′26′′ 

N., long. 94°03′24′′ W.; to lat. 35°18′26′′ N., 

long. 93°55′41′′ W.; thence west along 

Arkansas State Highway 22 to lat. 35°18′12′′ 

N., long. 94°09′52′′ W.; to the point of 

beginning. 

Designated altitudes. 13,000 feet MSL to, 

but not including, FL 220. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Arkansas Air National 

Guard, 188th Fighter Wing, Fort Smith, AR. 

Issued in Washington, DC, on July 21, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–18665 Filed 7–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 618 

RIN 1205–AB56 

Trade Adjustment Assistance; Merit 

Staffing of State Administration and 

Allocation of Training Funds to States; 

Clarification for the Rulemaking 

Record 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final rule; clarification for the 

rulemaking record. 

SUMMARY: This notice provides, for the 

rulemaking record, information that was 

inadvertently omitted from the final rule 

in the Federal Register on April 2, 2010 

(75 FR 16988) promulgating Trade 

Adjustment Assistance (TAA) 

regulations requiring States to use merit 

personnel systems in their 

administration of the TAA program, and 

prescribing a formula for allocating TAA 

training funds to the States. 

DATES: Effective July 29, 2010. 

FOR FURTHER INFORMATION CONTACT: Erin 

Fitzgerald, 202–693–3560; (this is not a 

toll-free number). TDD: 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: The 

Employment and Training 

Administration (ETA) published a final 

rule in the Federal Register on April 2, 

2010 (75 FR 16988) promulgating Trade 

Adjustment Assistance (TAA) 

regulations requiring States to use merit 

personnel systems in their 

administration of the TAA program, and 

prescribing a formula for allocating TAA 

training funds to the States. This rule 

was effective May 3, 2010. This merit 

personnel system requirement is a 

condition for States receiving TAA 

funds as well as for State participation 

in the TAA program. OPM regulations 

(5 CFR 900.605) provide that, ‘‘Federal 

agencies may adopt regulations that 

require the establishment of a merit 

personnel system as a condition for 

receiving Federal assistance or 

otherwise participating in an 

intergovernmental program only with 

the prior approval of the Office of 

Personnel Management.’’ Because 

OPM’s approval was not printed as part 

of the April 2, 2010 Federal Register 

notice, this notice clarifies for the record 

that OPM gave prior approval to the 

Department of Labor adopting these 

merit personnel system regulations for 

the TAA program. 

Signed at Washington, DC, this 21st day of 

July 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2010–18603 Filed 7–28–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0585] 

RIN 1625–AA00 

Safety Zone; Live-Fire Gun Exercise, 

M/V Del Monte, James River, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing the M/V Del Monte. This 

safety zone will restrict vessel traffic on 

a portion of the James River in the 

vicinity of the James River Reserve Fleet 

within a 1500 foot radius of the M/V Del 

Monte. This action is intended to 

restrict vessel traffic movement on 

specified waters of the James River to 

protect mariners from the hazards 

associated with live fire and explosive 

training events. 

DATES: This rule is effective from 8 a.m. 

on August 2, 2010 to 4 p.m. on August 

6, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0585 and are available online by going 

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

USCG–2010–0585 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

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