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 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations 4461 

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; 


emcdonald on DSK29S0YB1PROD with RULES