### 31822 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations

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 Cabaniss NOLF, Corpus Christi, TX. 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 71.1 of the Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010, is amended as follows: Paragraph 5000 Class D Airspace * * * * * ASW TX D Corpus Christi, TX [Amended] Cabaniss NOLF, TX

(Lat. 27 ° 42 ′ 10 ′′ N., long. 97 ° 26 ′ 20 ′′ W.) That airspace extending upward from the surface to but not including 1,200 feet MSL within a 4.4-mile radius of Cabaniss NOLF, excluding that airspace within the Corpus Christi International Airport, TX, Class C airspace area; and excluding that airspace within the Corpus Christi, Waldron NOLF, TX, Class D airspace area; and excluding that airspace west of a line between lat. 27 ° 38 ′ 15 ′′ N., long. 97 ° 28 ′40 ′′ W., and lat. 27 ° 41 ′ 30 ′′ N., long. 97 ° 28 ′40 ′′ W. This Class D airspace area is effective during the 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 Fort Worth, Texas, on May 23, 2011. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2011–13559 Filed 6–1–11; 8:45 am]

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

**Federal Aviation Administration**

**14 CFR Part 71**
**[Docket No. FAA–2010–0608; Airspace Docket No. 10–ACE–6]** 
**Amendment of Class E Airspace; Mosby, MO** 

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

**SUMMARY :**  This action amends Class E airspace for Mosby, MO.Decommissioning of the Mosby nondirectional beacon (NDB) at Midwest National Air Center Airport, Mosby, MO, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
**DATES :**  Effective date: 0901 UTC, August 25, 2011. 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 :**  Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321– 7716.
**SUPPLEMENTARY INFORMATION :**  History

On January 10, 2011, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for Mosby, MO, reconfiguring controlled airspace at Midwest National Air Center Airport (76 FR 1377) Docket No. FAA–2010–0608. 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 6005 of FAA Order 7400.9U dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.
The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending Class E airspace extending upward from 700 feet above the surface for the Mosby, MO area. Decommissioning of the Mosby NDB and cancellation of the NDB approach at Midwest National Air Center Airport has made this action 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, 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 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 Midwest National Air Center Airport, Mosby, MO. 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 71.1 of the Federal Aviation


### 31823 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations

Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010 is amended as follows:
* * * * * Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface. * * * * * ACE MO E5 Mosby, MO [Amended] Mosby, Midwest National Air Center Airport, MO (Lat. 39 ° 19 ′ 57 ′′ N., long. 94 ° 18 ′ 35 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Midwest National Air Center Airport.

Issued in Fort Worth, Texas, on May 23, 2011. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2011–13586 Filed 6–1–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 91**
**[Docket No. FAA–2001–10047; Amdt. No. 91–322]** 

**RIN 2120–AH06**
**Regulation of Fractional Aircraft Ownership Programs and On-Demand**  **Operations; Technical Amendment**

**AGENCY :**  Federal Aviation Administration, DOT.
**ACTION :**  Final rule; technical amendment.

**SUMMARY :**  The FAA is amending its regulations governing operations of aircraft in fractional ownership programs. This document corrects a technical error in the codified text of the regulations.
**DATES :**  Effective June 2, 2011.
**FOR FURTHER INFORMATION CONTACT :**  For technical questions concerning this action, contact Everette Rochon, General Aviation and Commercial Division, AFS–800, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: 202–267–7413; e-mail: everette.rochon@faa.gov.

**SUPPLEMENTARY INFORMATION :**  Background

On September 17, 2003, the FAA published a final rule entitled,

‘‘Regulation of Fractional Aircraft Ownership Programs and On-Demand Operations ’’ (68 FR 54520).

In that final rule the FAA updated and revised the regulations governing operations of aircraft in fractional ownership programs.
Technical Amendment

This technical amendment makes one revision to the final rule. The language in § 91.1091(f)(2) incorrectly uses the term ‘‘ check pilot’’ when the term ‘‘ flight instructor’’ should have been used. Accordingly, this amendment revises § 91.1091(f)(2).

Because the section title applies to flight instructors it is obvious that the use of the term ‘‘ check pilot’’ in (f)(2) should have been ‘‘flight instructor’’

. This technical amendment corrects an incorrect term and we find good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days. List of Subjects in 14 CFR Part 91

Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, Noise control, Political candidates, Reporting and recordkeeping requirements, and Yugoslavia.
The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows:

**PART 91—GENERAL OPERATING AND FLIGHT RULES** 

■ 1. The authority citation for part 91 continues to read as follows:

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506– 46507, 47122, 47508, 47528–47531, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180).

■ 2. Amend § 91.1091 by revising paragraph (f)(2) to read as follows:
**§ 91.1091 Qualifications: Flight instructors (aircraft) and flight instructors (simulator).**  * * * * *

(f) * * * (2) Satisfactorily complete an approved line-observation program within the period prescribed by that program preceding the performance of any flight instructor duty in a flight simulator.
* * * * * Issued in Washington, DC on May 26, 2011. Dennis R. Pratte, Acting Director, Office of Rulemaking. [FR Doc. 2011–13675 Filed 6–1–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**U.S. Customs and Border Protection**

**19 CFR Part 122**
**[CBP Dec. 11–13]**

**Technical Amendment to List of User Fee Airports: Addition of Dallas Love**  **Field Municipal Airport, Dallas, TX**

**AGENCY :**  U.S. Customs and Border Protection, Department of Homeland Security.
**ACTION :**  Final rule; technical amendment.

**SUMMARY :**  This document amends the regulations pertaining to the organization of U.S. Customs and Border Protection (CBP) by revising the list of user fee airports to reflect the recent user fee airport designation for Dallas Love Field Municipal Airport, in Dallas, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
**DATES :**  Effective Date: June 2, 2011.
**FOR FURTHER INFORMATION CONTACT :**  Roger Kaplan, Acting Director, Audits and Self-Inspection, Office of Field Operations, at 202–325–4543 or by e-mail at Roger.Kaplan@dhs.gov.
**SUPPLEMENTARY INFORMATION :**  I. Background

Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 the regulations relating to the entry and clearance of aircraft in international commerce and the transportation of persons and cargo by aircraft in international commerce.

Generally, a civil aircraft arriving from a place outside of the United States is required to land at an airport designated as an international airport. Alternatively, the pilot of a civil aircraft may request permission to land at a specific airport, and, if landing rights are granted, the civil aircraft may land at that landing rights airport.

Section 236 of Public Law 98–573 (the Trade and Tariff Act of 1984), codified