### 13671 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations

7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Melinda Giddens, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–5610.

**SUPPLEMENTARY INFORMATION :**  History

On February 1, 2010, the FAA published in the Federal Register a notice of proposed rulemaking to establish Class D and E airspace for the new Northwest Florida-Panama City International Airport, Panama City, FL (75 FR 5007) Docket No. FAA–2009– 0710. 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 D and Class E airspace designations are published in paragraphs 5000 and 6005 respectively of FAA Order 7400.9T, dated August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class D and E airspace designations listed in this document will be published subsequently in the Order.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class D airspace extending upward from the surface to 2,500 feet MSL within a 4.7-mile radius of the airport, and Class E airspace extending from 700 feet above the surface within a 7.2-mile radius of the airport to accommodate SIAPs at Northwest Florida-Panama City International Airport, Panama City, FL. This action is 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, 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 Northwest Florida-Panama City International Airport, Panama City, FL. 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 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, effective September 15, 20097, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASO FL D Panama City, FL [NEW] Northwest Florida-Panama City International Airport, FL (Lat. 30 ° 21 ′ 28 ′′ N., long. 85 ° 47 ′ 56 ′′ W.) That airspace extending upward from the surface up to and including 2,500 feet MSL within a 4.7-mile radius of the Northwest Florida-Panama City International Airport. This Class D airspace area is effective during 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.
* * * * * Paragraph 6005 Class E Airspace Extending Upward from 700 feet or More Above the Surface of the Earth.
* * * * *
ASO FL E5 Panama City, FL [NEW] Northwest Florida-Panama City International Airport, FL (Lat. 30 ° 21 ′ 28 ′′ N., long. 85 ° 47 ′ 56 ′′ W.) That airspace extending upward from 700 feet above the surface of the Earth within a7.2-mile radius of the Northwest FloridaPanama City International Airport.

Issued in College Park, Georgia, on March 12, 2010. Michael Vermuth, Acting Manager, Oerations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2010–6280 Filed 3–22–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2009–1149; Airspace Docket No. 09–AGL–33]** 

**Establishment of Class E Airspace; West Bend, WI** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This action amends Class E airspace for West Bend, WI to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at West Bend Municipal Airport, West Bend, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

**DATES :**  Effective Date: 0901 UTC, June 3, 2010. 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 December 29, 2009, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for West Bend, WI,


### 13672 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations

creating additional controlled airspace at West Bend Municipal Airport (74 FR 68746) Docket No. FAA–2009–1149. 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 7400.9T signed August 27, 2009, and effective September 15, 2009, 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 adding additional Class E airspace extending upward from 700 feet above the surface to accommodate SIAPs at West Bend Municipal Airport, West Bend, WI. This action is 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 West Bend Municipal Airport, West Bend, WI. 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009 is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface.

* * * * *

AGL WI E5 West Bend, WI [Amended] West Bend Municipal Airport, WI

(Lat. 43 ° 25 ′ 20 ′′ N., long. 88 ° 07 ′41 ′′ W.) That airspace extending upward from 700 feet above the surface within a 7.4-mile radius of West Bend Municipal Airport, and within 2 miles each side of the 239 ° bearing from the airport extending from the 7.4-mile radius to 11.4 miles southwest of the airport, excluding that airspace within the Hartford, WI, Class E airspace area.

Issued in Fort Worth, Texas, on March 11,

2010. Roger M. Trevino, Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010–6158 Filed 3–22–10; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE** 

**Bureau of Industry and Security**

**15 CFR Part 774**

**[Docket No. 100119033–0042–01]**

**RIN 0694–AE85**

**Implementation of Both the Understandings Reached at the 2009**  **Australia Group (AG) Plenary Meeting and a Decision Adopted Under the AG**  **Intersessional Silent Approval Procedures** 

**AGENCY :**  Bureau of Industry and Security, Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the September 2009 plenary meeting of the Australia Group (AG). This rule also amends the EAR to implement a decision recommended at the 2009 AG Plenary that was adopted under the AG intersessional silent approval procedures in October 2009.

Consistent with the understandings reached at the 2009 AG Plenary, this final rule amends the EAR to reflect the addition of technical notes to the AG

‘‘Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software. ’’ The purpose of the new technical notes is to: clarify the term ‘‘ alloys, ’’ as used in reference to the types of ‘‘materials ’’ from which such equipment is made; and clarify the term ‘‘nominal size, ’’ as used in reference to the valves described on this AG control list.

This final rule also amends the EAR to reflect the AG decision (recommended at the 2009 AG Plenary and adopted under the AG intersessional silent approval procedures) to remove ‘‘white pox’’ virus from the AG ‘‘List of Biological Agents for Export Control. ’’

**DATES :**  This rule is effective March 23, 2010. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis.

**ADDRESSES :**  You may submit comments, identified by RIN 0694–AE85, by any of the following methods:

• E-mail: publiccomments@bis.doc.
gov. Include ‘‘RIN 0694–AE85 ’’ in the subject line of the message.

• Fax: (202) 482–3355. Please alert the Regulatory Policy Division, by calling (202) 482–2440, if you are faxing
comments.