Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 61611 

DATES: Effective date, 0901 UTC, 

January 13, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 19, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend 

controlled airspace at Arco, ID (75 FR 

41773). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found the 

geographic coordinates of the airport 

needed to be adjusted. This action 

makes the adjustment. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

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 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E extending upward 

from 700 feet above the surface, at ArcoButte County Airport, Arco, ID. 

Decommissioning of the Arco-Butte 

County NDB has made this action 

necessary for the safety and 

management of IFR operations at the 

airport. The geographic coordinates of 

the airport also will be adjusted to 

coincide with the FAA’s National 

Aeronautical Navigation Services. 

The FAA has determined 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 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 

discusses 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 Arco-Butte 

County Airport, Arco, ID. 

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 Part 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM ID E5 Arco, ID [Amended] 

Arco-Butte County Airport, Arco, ID 

(Lat. 43°36′13′′ N., long. 113°20′03′′ W.) 

Pocatello VORTAC 

(Lat. 42°52′13′′ N., long. 112°39′08′′ W.) 

DuBois VORTAC 

(Lat. 44°05′20′′ N., long. 112°12′34′′ W.) 

Burley VOR/DME 

(Lat. 42°34′49′′ N., long. 113°51′57′′ W.) 

That airspace extending from 700 feet 

above the surface within a 7-mile radius of 

the Arco-Butte County Airport; that airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at 68.5 

miles northwest of the Pocatello VORTAC on 

V–269, thence southeast along V–269 to 53 

miles northwest of the Pocatello VORTAC on 

V–269, thence to 29 miles south of the 

DuBois VORTAC on V–257, thence south 

along V–257 to V–365, thence southeast 

along V–365 to the Burley VOR/DME, thence 

northwest along V–231 to 29 miles northwest 

of the Burley VOR/DME on V–231, to the 

point of beginning. 

Issued in Seattle, Washington, on 

September 23, 2010. 

Lori Andriesen, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–24801 Filed 10–5–10; 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] 

Modification of Class E Airspace; San 

Clemente, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend 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: Effective date, 0901 UTC, 

January 13, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 20, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend 

WReier-Aviles on DSKGBLS3C1PROD with RULES

61612 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 

controlled airspace at San Clemente, CA 

(75 FR 42014). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Subsequent to 

publication, the FAA found the 

geographic coordinates of the airport 

needed to be adjusted. This action 

makes the adjustment. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

Class E airspace designations are 

published in paragraph 6004, of FAA 

Order 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending 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 

San Clemente Island NDB has been 

decommissioned, and the NDB 

approach canceled. This action will also 

update the geographic coordinates of the 

airport to coincide with the FAA’s 

National Aeronautical Navigation 

Services. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined 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 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 

discusses 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 San Clemente 

Island NALF (Fredrick Sherman Field), 

San Clemente, CA. 

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 Part 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 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 San 

Clemente Island NALF (Fredrick Sherman 

Field) 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 

September 23, 2010. 

Lori Andriesen, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–24799 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2010–0995; Amendment 

No. 91–319] 

Airports/Locations: Special Operating 

Restrictions 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is amending its 

airports and locations special operating 

restrictions regulation to clarify a minor 

discrepancy in terminology. This 

amendment standardizes the language 

used to describe the altitude at which 

aircraft operating within 30 nautical 

miles of the listed airports are required 

to be equipped with an altitude 

encoding transponder. This action is not 

making any substantive changes to the 

regulation. 

DATES: Effective: October 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Crum, Air Traffic Systems 

Operations, Airspace and Rules Group, 

800 Independence Ave. SW., 

Washington, DC 20591; telephone (202) 

267–8783; e-mail ellen.crum@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 30, 1999 (64 FR 66768), 

the FAA published a final rule that 

revised 14 CFR part 91. In the final rule, 

§ 91.215(b)(2) states ‘‘* * *from the 

surface upward to 10,000 MSL* * *’’ 

The corresponding text in section 1 of 

Appendix D should be consistent in 

describing the altitude as ‘‘MSL’’ but 

inadvertently was changed from MSL to 

‘‘above the surface.’’ Therefore, this 

action will correct this inconsistency 

and change the phrase from ‘‘above the 

surface’’ to ‘‘MSL’’ in section 1 of 

Appendix D. 

As this rule simply corrects an 

inconsistency in the terminology used 

to describe altitudes, good cause exists 

for adopting this amendment without 

public notice or comment as provided 

under 5 U.S.C. 553(b). Furthermore, the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

WReier-Aviles on DSKGBLS3C1PROD with RULES