Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1751 

the FAA found a typographical error in 

the longitude coordinates. This action 

makes the correction. 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 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, 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. 

With the exception of editorial changes, 

and the changes described above, this 

rule is the same as that proposed in the 

NPRM. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes the Class E airspace 

extending upward from 700 feet above 

the surface at Princeton, KY, to provide 

the controlled airspace required to 

accommodate the new RNAV GPS 

Standard Instrument Approach 

Procedures developed for PrincetonCaldwell County Airport. This action is 

necessary for the safety and 

management of IFR operations at the 

airport. Also, the longitude coordinates 

of the airport are corrected from ‘long. 

87° 51′10′′25′′ W to ‘long. 87°51′25′′ W. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (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 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 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 controlled airspace at 

Princeton-Caldwell County Airport, 

Princeton, KY. 

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,’’ 

paragraph 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. 

Lists 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 Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO KY E5 Princeton, KY [New] 

Princeton-Caldwell County Airport 

(Lat. 37°6′54′′ N., long. 87°51′25′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of the Princeton-Caldwell County 

Airport. 

Issued in College Park, Georgia, on 

December 12, 2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–00286 Filed 1–7–13; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0867; Airspace 

Docket No. 12–AGL–4] 

RIN 2120–AA66 

Modification of VOR Federal Airway V– 

170 in the Vicinity of Devils Lake, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies VHF 

Omnidirectional Range (VOR) Federal 

airway V–170 between Devils Lake, ND 

(DVL), and Jamestown, ND (JMS). The 

FAA is taking this action to ensure the 

airway between DVL and JMS has the 

necessary clearance from the western 

boundary of the newly established 

restricted area R–5402, Devils Lake, ND, 

to support non-radar separation 

requirements when the restricted area is 

active. 

DATES: Effective date 0901 UTC, March 

7, 2013. 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 Policy & ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On Thursday, September 6, 2012, the 

FAA published in the Federal Register 

a notice of proposed rulemaking to 

amend VOR Federal airway V–170 by 

inserting a slight ‘‘dogleg,’’ to the west, 

between DVL and JMS to provide the 

required non-radar separation and 

airway clearance from the newly 

established R–5402, Devils Lake, ND (77 

FR 54860). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. One 

comment was received, which raised 


srobinson on DSK4SPTVN1PROD with 
1752 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

two concerns and offered two 

alternative recommendations for 

consideration. 

The first concern was that the FAA 

was pursuing the proposed airway 

modification to address a conflict with 

a newly established restricted area (R– 

5402), which is activated by NOTAM 

only with no charted or designated 

times of use. 

The FAA does not agree. The rule 

establishing R–5402 listed the time of 

designation as ‘‘0700–2000 daily, by 

NOTAM 6-hours in advance; other 

times by NOTAM.’’ The time of 

designation for the restricted area 

provides specified hours that reflect the 

core hours of when training operations 

are expected to occur, supplemented 

with the requirement of a NOTAM 6- 

hours prior to activation of the restricted 

area to provide additional awareness to 

non-participating pilots. Additionally, 

the R–5402 time of designation 

information is contained in the 

following products: the IFR en route 

charts (L–13 and L–14); the FAA 

Notices to Airmen Publication (NTAP), 

Part 4, Graphical Notices, Section 2, 

Special Military Operation; the North 

Central U.S. Airport/Facility Directory 

(AFD) as an Aeronautical Chart Bulletin 

(Twin Cities Sectional section); and on 

the FAA’s Special Use Airspace web 

page (http://sua.faa.gov/sua/ 

siteFrame.app). Lastly, the FAA placed 

a Safety Alert notice of the new 

restricted area on the Aeronautical 

Navigation Products’ Web site and 

distributed the notice to customers that 

subscribe to the Twin Cities Sectional 

Chart. 

The second concern was that a 

modified V–170 airway segment would 

result in greater track miles, regardless 

of the activation status of R–5402. 

Furthermore, the commenter stated that 

if R–5402 is not activated, nonparticipating pilots would be forced to 

request direct routing between DVL and 

JMS in lieu of flying the dogleg and the 

additional miles. 

The FAA acknowledges that inserting 

a dogleg to V–170 between DVL–JMS 

would increase the track miles flown, 

but it only adds three nautical miles to 

the track distance. When the 

Minneapolis Air Route Traffic Control 

Center performed the traffic analysis of 

R–5402 impacts to V–170, it found that 

an average of four aircraft per day filed 

Instrument Flight Rules (IFR) flight 

plans for the airway. The FAA 

concluded that the restricted area’s 

impact to V–170 to be minimal when 

balanced against reducing system 

complexity, enhancing safety, and 

maximizing airspace access to all users 

of the NAS. When R–5402 is not 

scheduled for activation, pilots have the 

option to file direct DVL–JMS, incurring 

no extra mileage. Additionally, pilots 

may also receive in-flight updates as to 

the restricted area status, and proceed 

direct DVL to JMS, if approved by air 

traffic control. 

The commenter recommended that 

the FAA consider establishing a global 

positioning system (GPS) waypoint that 

air traffic controllers could use to clear 

IFR aircraft to in lieu of amending V– 

170. Alternatively, the commenter 

offered that the FAA could establish a 

T-route, in addition to V–170, that 

would maintain appropriate separation 

from R–5402. 

The FAA notes that amending V–170, 

as proposed, offers a standard 

navigation capability today, 

independent of aircraft equipage, and 

provides the greatest airspace access 

between DVL and JMS to the largest 

number of users. While eventually there 

may be airspace and navigational 

service upgrades to this part of the 

country, such changes should occur as 

part of comprehensive, structured 

process and plan. For now, the greatest 

level of safety and efficiency in the 

vicinity of this area that has poor low 

altitude radar coverage and known 

winter weather hazards, is to modify the 

existing airway. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying V–170 between Devils Lake, 

ND, and Jamestown, ND, due to the 

airway overlapping the western 

boundary of R–5402 when it is active. 

To retain the availability of the 

navigation route structure between DVL 

and JMS, V–170 is modified by 

replacing the existing airway segment 

with a new segment containing a slight 

dogleg extending westward of the 

current location. The DVL VOR 187° 

and JMS VOR 337° radials redefine the 

new airway segment and establish the 

FARRM fix at the intersection of the 

radials. The FARRM fix is described as 

the intersection of those navigation aid 

radials in the legal description. 

Specifically, the V–170 description is 

amended by replacing the ‘‘Jamestown, 

ND;’’ reference with ‘‘INT Devils Lake 

187° and Jamestown, ND, 337° radials; 

Jamestown.’’ This modification to V– 

170 adds less than three nautical miles 

to the existing airway segment, ensures 

availability of V–170 between DVL and 

JMS regardless of the status of R–5402, 

reduces airspace complexity in the area, 

and enhances flight safety. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.9W dated August 8, 2012 and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal Airway listed in 

this document would be subsequently 

published 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 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 modifies a VOR Federal airway in the 

vicinity of Devils Lake, ND. 

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, paragraph 

311a. This airspace action consist of a 

modification of an existing airway and 

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). 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1753 

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 FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways 

* * * * * 

V–170 [Amended] 

From Devils Lake, ND; INT Devils Lake 

187° and Jamestown, ND, 337° radials; 

Jamestown; Aberdeen, SD; Sioux Falls, SD; 

Worthington, MN; Fairmont, MN; Rochester, 

MN; Nodine, MN; Dells, WI; INT Dells 097° 

and Badger, WI, 304° radials; Badger; INT 

Badger 121° and Pullman, MI, 282° radials; 

Pullman; Salem, MI. From Erie, PA; 

Bradford, PA; Slate Run, PA; Selinsgrove, 

PA; Ravine, PA; INT Ravine 125° and 

Modena, PA, 318° radials; Modena; Dupont, 

DE; INT Dupont 223° and Andrews, MD, 060° 

radials; to INT Andrews 060° and Baltimore, 

MD, 165° radials. The airspace within R– 

5802 is excluded. 

Issued in Washington, DC, on December 6, 

2012. 

Gary A. Norek, 

Manager, Airspace Policy & ATC Procedures 

Group. 

[FR Doc. 2013–00288 Filed 1–7–13; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2012–1067] 

RIN 1625–AA87 

Security Zone, Potomac and Anacostia 

Rivers; Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River and Anacostia River. 

This action is necessary to safeguard 

persons and property, and prevent 

terrorist acts or incidents. This rule 

prohibits vessels and people from 

entering the security zone and requires 

vessels and persons in the security zone 

to depart the security zone, unless 

specifically exempt under the 

provisions in this rule or granted 

specific permission from the Coast 

Guard Captain of the Port Baltimore. 

DATES: This rule is effective from 

January 29, 2013 until January 30, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2012–1067. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald L. Houck, at Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impractical and contrary to public 

interest to delay the effective date of this 

rule. The Coast Guard was unable to 

publish a NPRM and hold a comment 

period for this rulemaking due to the 

short time period between event 

planners notifying the Coast Guard of 

the event and publication of this 

security zone. As such, it is 

impracticable to provide a full comment 

period due to lack of time. Furthermore, 

delaying the effective date of this 

security zone would be contrary to the 

public interest given the high risk of 

injury and damage to the President, U.S. 

Capitol Building, high-ranking United 

States officials, and the public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment, therefore, a 30-day 

notice period is impractical. Delaying 

the effective date would be contrary to 

the security zone’s intended objectives 

of protecting the President, U.S. Capitol 

Building, high-ranking United States 

officials and the public, as it would 

introduce vulnerability to the maritime 

safety and security of the President, U.S. 

Capitol Building and high-ranking 

United States officials, as well as that of 

the general public. 

B. Basis and Purpose 

The President will address the nation 

on January 29, 2013. During this event, 

a gathering of high-ranking United 

States officials is expected to take place 

at the U. S. Capitol Building in 

Washington, DC, in close proximity to 

navigable waterways within the Captain 

of the Port’s Area of Responsibility. 

The Coast Guard has given each Coast 

Guard Captain of the Port the ability to 

implement comprehensive port security 

regimes designed to safeguard human 

life, vessels, and waterfront facilities 

while still sustaining the flow of 

commerce. The Captain of the Port 

Baltimore is establishing this security 

zone to protect the President, U.S. 

Capitol Building, high-ranking United 

States officials and the public, mitigate 

potential terrorist acts, and enhance 

public and maritime safety and security 

in order to safeguard life, property, and 

the environment on or near the 

navigable waters. 

C. Discussion of the Final Rule 

Through this regulation, the Coast 

Guard will establish a security zone. 

The security zone will be in effect from 

4 p.m. on January 29, 2013 until 2 a.m. 

on January 30, 2013. The security zone 

will include all navigable waters of the 


srobinson on DSK4SPTVN1PROD with