42014 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 

Pendleton VORTAC, and that airspace within 

the 27.9-mile radius of the Pendleton 

VORTAC extending clockwise from the 

southeast edge of V–536 to the northeast edge 

of V–298. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17624 Filed 7–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0619; Airspace 

Docket No. 10–AWP–11] 

Proposed Amendment of Class E 

Airspace; San Clemente, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at San 

Clemente, CA. Decommissioning of the 

San Clemente Island Non-Directional 

Radio Beacon (NDB) at San Clemente 

Island NALF (Frederick Sherman Field) 

has made this action necessary for the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also makes a minor 

adjustment to the geographic 

coordinates of the airport. 

DATES: Comments must be received on 

or before September 3, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0619; Airspace 

Docket No. 10–AWP–11, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at 

http://www.regulations.gov. 

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: 

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 

2010–0619 and Airspace Docket No. 10– 

AWP–11) and be submitted in triplicate 

to the Docket Management System (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–2010–0619 and 

Airspace Docket No. 10–AWP–11’’. 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/airports_airtraffic/ 

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 the 

ADDRESSES section for the 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 Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs 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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace designated as an extension to a 

Class D surface area, at San Clemente 

Island NALF (Fredrick Sherman Field), 

San Clemente CA. The airspace would 

be reconfigured due to the 

decommissioning of the San Clemente 

Island NDB, and cancellation of the 

NDB approach. This will also update 

the geographic coordinates of the 

airport. This action would enhance the 

safety and management of IFR 

operations at the airport. 

Class E airspace designations are 

published in paragraph 6004, 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 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined 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 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 proposed rule, when 

promulgated, would 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 for 

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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 42015 

1Prohibition Against Certain Flights Within the 

Territory and Airspace of Afghanistan: 75 FR 29466; 

May 26, 2010. 

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 modifies 

controlled airspace at the airport. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 FAA Order 

7400.9T, Airspace Designations and 

Reporting Points, signed August 27, 

2009, and effective September 15, 2009 

is amended as follows: 

Paragraph 6004 Class E airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AWP CA E4 San Clemente, CA [Modified] 

San Clemente Island NALF (Fredrick 

Sherman Field), CA 

(Lat. 33°01′22′′ N., long. 118°35′19′′ W.) 

San Clemente Island TACAN 

(Lat. 33°01′37′′ N., long. 118°34′46′′ W.) 

That airspace extending upward from the 

surface within 2.6 miles each side of the San 

Clemente Island TACAN 334° radial 

extending from the 4.3-mile radius of San 

Clemente Island NALF (Fredrick Sherman 

Field) to Control 1177L, and within 1.8 miles 

each side of the 064° bearing from the San 

Clemente Island NALF (Fredrick Sherman 

Field) Airport, extending from the 4.3-mile 

radius to 9 miles northeast. This Class E 

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 Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17625 Filed 7–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2010–0289; SFAR No. 

110] 

RIN 2120–AJ69 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Afghanistan; Supplemental Regulatory 

Flexibility Analysis 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; Notice of 

availability and request for comments. 

SUMMARY: This document announces the 

availability of and request for comments 

on the Supplemental Regulatory 

Flexibility Analysis for the previously 

published proposed rule entitled, 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Afghanistan. 

DATES: Comments must be received on 

or before August 4, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0289 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the 

rulemaking process, see the Additional 

Information section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of the docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Lukacs, APO–300, Federal 

Aviation Administration, 800 

Independence Ave., SW., Washington, 

DC 20591; telephone number: (202) 

267–9641. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section, we discuss how 

you can comment on this action and 

how we will handle your comments. 

Included in this discussion is related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. We 

also discuss how you can get a copy of 

related rulemaking documents. 

Background 

On May 26, 2010, the FAA published 

in the Federal Register the Notice of 

Proposed Rulemaking (NPRM) entitled 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Afghanistan.1 The comment period for 

the NPRM closed on June 10, 2010. The 

FAA received several comments about 

the agency’s economic assessment of the 

proposed rule. Specifically, some 

commenters did not agree with the 

FAA’s determination that the NPRM 

would not have a significant economic 

impact on a substantial number of small 

entities. To address these concerns, the 

FAA is publishing the below 

Supplemental Regulatory Flexibility 

Analysis for comment. 

Supplemental Regulatory Flexibility 

Analysis 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1