Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55555 

upward from 700 feet above the surface 

to support new standard instrument 

approach procedures developed at 

Rutherford County-Marchman Field, 

Rutherfordton, NC. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Rutherford 

NDB and cancellation of the NDB 

approach, and for continued safety and 

management of IFR operations at the 

airport. This action also updates the 

geographic coordinates of the airport to 

coincide with the FAAs aeronautical 

database, and changes the airport name 

from to Rutherford County Airport to 

Rutherford County-Marchman Field, 

Rutherfordton, NC. 

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 amends Class E airspace at 

Rutherfordton, NC. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, 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. 

* * * * * 

ASO NC E5 Rutherfordton, NC [Amended] 

Rutherford County-Marchman Field, NC 

(Lat. 35°25′42′′ N., long. 81°56′06′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 11.6-mile 

radius of Rutherford County-Marchman 

Field. 

Issued in College Park, Georgia, on August 

19, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–22312 Filed 9–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0280; Airspace 

Docket No. 11–ASO–16] 

Amendment of Class E Airspace; 

Shelby, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Shelby, NC, to accommodate 

the new Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedures 

serving Shelby-Cleveland County 

Regional Airport. This action enhances 

the safety and airspace management of 

Instrument Flight Rules (IFR) operations 

within the National Airspace System. 

This action also changes the airport 

name. 

DATES: Effective 0901 UTC, October 20, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On June 20, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Shelby, NC (76 FR 35799) 

Docket No. FAA–2011–0280. 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 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, 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 amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace extending 

upward from 700 feet above the surface 

at Shelby, NC, to provide the controlled 

airspace required to accommodate the 

new Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedures 

developed for Shelby-Cleveland County 

Regional Airport. This action is 

necessary for the safety and 

management of IFR operations at the 

airport. This action also recognizes the 

airport name change from Shelby 

Municipal Airport to Shelby-Cleveland 

County Regional Airport, Shelby, NC. 

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 


erowe on DSK5CLS3C1PROD with RULES
55556 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

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 amends controlled airspace at ShelbyCleveland County Regional Airport, 

Shelby, NC. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, 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. 

* * * * * 

ASO NC E5 Shelby, NC [Amended] 

Shelby-Cleveland County Regional Airport, 

NC 

(Lat. 35°15′21′′ N., long. 81°36′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.8-mile 

radius of the Shelby-Cleveland County 

Regional Airport. 

Issued in College Park, Georgia, on August 

19, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–22313 Filed 9–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0741] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Chesapeake Bay Workboat 

Race; Back River, Messick Point, 

Poquoson, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

establish special local regulation during 

the Chesapeake Bay Workboat Race, a 

series of boat races to be held on the 

waters of Back River, Poquoson, 

Virginia. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

events. This action is intended to 

restrict vessel traffic during the power 

boat races on the Back River in the 

vicinity of Messick Point, in Poquoson, 

Virginia. 

DATES: This rule is effective September 

18, 2011 from 1 p.m. to 4 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0741 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0741 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 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 temporary 

rule, call or e-mail LCDR Christopher A. 

O’Neal, Waterways Management 

Division Chief, Sector Hampton Roads, 

Coast Guard; telephone 757–668–5580, 

e-mail Christopher.A.ONeal@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory 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 the 

Coast Guard did not receive the 

application for this event in sufficient 

time to allow for publication of an 

NPRM, and any delay encountered in 

this regulation’s effective date by 

publishing a NPRM would require 

either the cancellation of the event, or 

require that the event be held without 

a special local regulation. Either course 

of action would be contrary to public 

interest since immediate action is 

needed to provide for the safety of life 

and property on navigable waters. 

Additionally, this special local 

regulation will be enforced for 

approximately three hours on 

September 18, 2011 while the boat races 

are in progress. This regulated area 

should have a minimal impact on 

transiting vessels because mariners are 

not precluded from using any portion of 

the waterway except the area within the 

safety zone. 

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. Delaying the effective date 

would be contrary to the public interest 

since the Coast Guard did not receive an 

application for this event in sufficient 

time to allow for publication more than 

30 days prior to the date scheduled for 

the event, and any additional delay in 

the effective date would prevent the 

safety zone from being effective at the 

time of the event. Therefore, immediate 

action is needed to ensure the safety of 

vessels transiting the area. 

Background and Purpose 

On September 18, 2011 the 

Chesapeake Bay Watermen’s will 

sponsor a workboat race on the 

navigable waters of the Back River in 

Poquoson, Virginia. 

A fleet of spectator vessels is expected 

to gather near the event site to view the 

competition. Due to the need for vessel 

control during the event, the Coast 


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