### 44727 Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Proposed Rules

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0660; Airspace Docket No. 10–ANM–4]** 

**Proposed Revocation and Establishment of Class E Airspace; St.**  **George, UT**

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

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  This action proposes to remove Class E airspace at St. George Municipal Airport, St. George, UT, as the airport will be closing, eliminating the need for controlled airspace. This action also would establish Class E airspace for the new St. George Municipal Airport located to the south of the original airport. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS), VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), Localizer Type Directional Aid/Distance Measuring Equipment (LDA/DME) Standard Instrument Approach Procedures (SIAPs) at the new St. George Municipal Airport, St. George, UT. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

**DATES :**  Comments must be received on or before September 13, 2010.

**ADDRESSES :**  Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone (202) 366–9826. You must identify FAA Docket No. FAA–2010– 0660; Airspace Docket No. 10–ANM–4, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov

. **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 :** 
Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No. FAA 2010–0660 and Airspace Docket No. 10– ANM–4) and be submitted in triplicate to the Docket Management System ( see **ADDRESSES** section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov

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Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ‘‘ Comments to FAA Docket No. FAA–2010–0660 and Airspace Docket No. 10–ANM–4 ’’ . The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM’s

An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov

. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports

_airtraffic/ air

_ traffic/publications/ airspace

_amendments/

.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office ( see the

**ADDRESSES** section for the address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.

Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, for a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by removing Class E surface airspace and Class E airspace extending upward from 700 feet above the surface at St. George Municipal Airport, St. George, UT. The airport is closing, and SIAPs removed, eliminating the need for controlled airspace. This action also would establish Class E surface airspace within a 4.5-mile radius of the new St. George Municipal Airport; and Class E airspace upward from 700 feet above the surface at the new airport. Controlled airspace is necessary to accommodate aircraft using the new RNAV (GPS), VOR/DME and LDA/DME SIAPs at the new St. George Municipal Airport, St. George, UT. This action would enhance the safety and management of aircraft operations at the airport.

Class E airspace designations are published in paragraph 6002 and 6005, respectively, 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 designation listed in this document will be published subsequently in this Order.

The FAA has determined this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed 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 proposed rule, when promulgated, would 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 for the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is


### 44728 Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Proposed Rules

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 the 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 St. George Municipal Airport, St. George, UT. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 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 FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.
* * * * *
ANM UT E2 St. George, UT [Removed]
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
ANM UT E5 St. George, UT [Removed]
Paragraph 6002 Class E airspace designated as surface areas.
* * * * *
ANM UT E2 St. George, UT [New] St. George Municipal Airport, UT

(Lat. 37 ° 02 ′ 11 ′′ N., long. 113 ° 30 ′ 37 ′′ W.) Within a 4.5-mile radius of St. George Municipal Airport. This Class E airspace 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 areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ANM UT E5 St. George, UT [New] St. George Municipal Airport, UT

(Lat. 37 ° 02 ′ 11 ′′ N., long. 113 ° 30 ′ 37 ′′ W.) That airspace extending upward from 700 feet above the surface within 25.8 miles northeast and 4 miles each side of the 030 ° bearing of the St. George Municipal Airport, and 20 miles southwest and 4 miles each side
200 ° bearing of the St. George Municipal Airport, and 15 miles west and 4 miles each side of the 260 ° bearing of the St. George Municipal Airport; and that airspace extending upward from 1,200 feet above the surface within the 30-mile radius of lat.
36 ° 48 ′ 52 ′′ N., long. 113 ° 29 ′ 24 ′′ W., extending clockwise from the 030 ° bearing to the 360 ° bearing, thence from the 360 ° bearing 30-mile radius to lat. 37 ° 31 ′ 02 ′′ N., long. 113 ° 21 ′ 25 ′′ W., to lat. 37 ° 23 ′ 09 ′′ N., long. 113 ° 04 ′ 34 ′′ W., thence to the 030 ° bearing 30-mile radius.

Issued in Seattle, Washington, on July 21,
2010. Rob Henry, Acting Manager, Operations Support Group, Western Service Center
[FR Doc. 2010–18721 Filed 7–28–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**Coast Guard**

**33 CFR Part 165**

**[Docket No. USCG–2010–0665]**

**RIN 1625–AA00**

**Safety Zone; Elizabeth River Private Fireworks, Elizabeth River, Norfolk, VA** 

**AGENCY :**  Coast Guard, DHS.

**ACTION :**  Notice of proposed rulemaking.

**SUMMARY :**  The Coast Guard proposes establishing a temporary safety zone on the Elizabeth River in the vicinity of Town Point Reach, Norfolk, Virginia in support of the Elizabeth River Private Fireworks event. This action is intended to restrict vessel traffic movement on the specified portion of the Elizabeth River to protect mariners from the hazards associated with fireworks displays.

**DATES :**  Comments and related material must be received by the Coast Guard on or before August 30, 2010.

**ADDRESSES :**  You may submit comments identified by docket number USCG– 2010–0665 using any one of the following methods:

(1) Federal eRulemaking Portal: http://www.regulations.gov

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(2) Fax: 202–493–2251. (3) Mail: 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–
0001.

(4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329.

To avoid duplication, please use only one of these four methods. See the

‘‘Public Participation and Request for Comments ’’ portion of the

**SUPPLEMENTARY INFORMATION** section below for instructions on submitting
comments.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this proposed rule, call or e-mail LT Tiffany Duffy, Chief Waterways Management Division, Sector Hampton Roads, Coast Guard; telephone (757) 668–5580, e-mail Tiffany.A.Duffy@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826.

**SUPPLEMENTARY INFORMATION :**  Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments

If you submit a comment, please include the docket number for this rulemaking (USCG–2010–0665), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov ) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

To submit your comment online, go to http://www.regulations.gov, click on the