### 4460 Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations

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 Greenfield, IA area. Decommissioning of the Greenfield NDB and cancellation of the NDB approach at Greenfield Municipal Airport has made reconfiguration of the airspace 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 Greenfield Municipal Airport, Greenfield, IA.
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 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows:

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface.
* * * * *

ACE IA E5 Greenfield, IA [Amended]

Greenfield Municipal Airport, IA (Lat. 41 ° 19 ′ 38 ′′ N., long. 94 ° 26 ′43 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Greenfield Municipal Airport.

Issued in Fort Worth, Texas, on January 13,
2012. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012–1791 Filed 1–27–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–0850; Airspace Docket No. 11–AGL–17]** 

**Amendment of Class E Airspace; Portsmouth, OH** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This action amends Class E airspace for Portsmouth, OH. Decommissioning of the Portsmouth non-directional beacon (NDB) at Greater Portsmouth Regional Airport has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The geographic coordinates of the airport also are updated.

**DATES :**  Effective date: 0901 UTC, April 5, 2012. 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 October 28, 2011, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for Portsmouth, OH, reconfiguring controlled airspace at Greater Portsmouth Regional Airport (76 FR 66869) Docket No. FAA–2011–0850. 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 7400.9V dated August 9, 2011, and effective September 15, 2011, 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 Portsmouth, OH area. Decommissioning of the Portsmouth NDB and cancellation of the NDB approach at Greater Portsmouth Regional Airport has made reconfiguration of the airspace necessary for the safety and management of IFR operations at the airport. Geographic coordinates are also updated to coincide with the FAA’s aeronautical database.

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


### 4461 Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations

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 Greater Portsmouth Regional Airport, Portsmouth, OH. 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 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows:

* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface.
* * * * *

AGL OH E5 Portsmouth, OH [Amended] Greater Portsmouth Regional Airport, OH

(Lat. 38 ° 50 ′ 26′′ N., long. 82 ° 50 ′ 50′′ W.) Portsmouth, Southern Ohio Medical Center Helipad, OH Point in Space Coordinates (Lat. 38 ° 45 ′05 ′′ N., long. 83 ° 00 ′ 19′′ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Greater Portsmouth Regional Airport, and within a 6-mile radius of the Point in Space serving Southern Ohio Medical Center Helipad. Issued in Fort Worth, Texas, on January 13,
2012. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012–1793 Filed 1–27–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF THE INTERIOR**

**Office of Surface Mining Reclamation and Enforcement** 

**30 CFR Part 931**

**[SATS No. NM–048–FOR; Docket ID OSM– 2010–0014]** 

**New Mexico Regulatory Program**

**AGENCY :**  Office of Surface Mining Reclamation and Enforcement, Interior.

**ACTION :**  Final rule; approval of amendment.

**SUMMARY :**  We are approving an amendment to the New Mexico regulatory program (the ‘‘New Mexico program’’) under the Surface Mining Control and Reclamation Act of 1977 (‘‘SMCRA’’ or ‘‘the Act’’). New Mexico proposed non-substantive editorial revisions to its rules; substantive revisions and additions to rules concerning ownership and control; and substantive revisions to one rule about retention of sedimentation ponds. New Mexico revised its program to be consistent with the corresponding Federal regulations and to clarify ambiguities.

**DATES :**  Effective Date: January 30, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Kenneth Walker, Chief, Denver Field Division, Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO 80202, Telephone: (303) 293–5012. Internet: kwalker@osmre.gov

. **SUPPLEMENTARY INFORMATION :**  I. Background on the New Mexico Program II. Submission of the Proposed Amendment III. Office of Surface Mining Reclamation and Enforcement’s (OSM’s) Findings IV. Summary and Disposition of Comments V. OSM’s Decision VI. Procedural Determinations I. Background on the New Mexico Program

Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its State program includes, among other things, ‘‘a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.’’ See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the New Mexico program on December 31, 1980. You can find background information on the New Mexico program, including the Secretary’s findings, the disposition of comments, and conditions of approval in the December 31, 1980, Federal Register (45 FR 86459). You can also find later actions concerning New Mexico’s program and program amendments at 30 CFR 931.10, 931.11, 931.13, 931.15, 931.16, and 931.30. II. Submission of the Proposed Amendment

By letter dated September 1, 2010, New Mexico submitted an amendment to its program (SATS No. NM–048–FOR, Docket ID OSM–2010–0014–0007) under SMCRA (30 U.S.C. 1201 et seq. ). New Mexico sent the amendment (1) in response to a September 3, 2009, OSM letter (Docket ID OSM–2010–0014– 0003), concerning our ownership and control regulations, consistent with 30 CFR 732.17(c); and (2) to include proposed program changes made at its own initiative.

We announced receipt of the proposed amendment in the January 25, 2011, Federal Register (76 FR 4266). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the amendment’s adequacy (Docket ID OSM–2010–0014–0001). We did not hold a public hearing or meeting because no one requested one. The public comment period ended on February 24, 2011. We received two Federal agency comment letters. III. OSM’s Findings

Following are the findings we made concerning the amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are approving the amendment.

A. Minor Revisions to New Mexico’s Rules

New Mexico proposed minor wording, editorial, punctuation, and grammatical changes to the following previously-approved rules. 19.8.11.1105.E NMAC (30 CFR 774.11(a)(1)), Review of Permit Applications; 19.8.11.1114 NMAC (30 CFR Part 773.17), Conformance of Permit;