56966 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

sewerage treatment facilities, and 

transmission lines); 

(8) Procurement or fabrication of 

components or portions of the proposed 

facility occurring at other than the final, 

in-place location at the facility; or 

(9) Taking any other action that has 

no reasonable nexus to: 

(i) Radiological health and safety, or 

(ii) Common defense and security. 

* * * * * 

■ 18. In § 70.23, paragraph (a)(7) is 

revised to read as follows: 

§ 70.23 Requirements for the approval of 

applications. 

(a) * * * 

(7) Where the proposed activity is 

processing and fuel fabrication, scrap 

recovery, conversion of uranium 

hexafluoride, uranium enrichment 

facility construction and operation, or 

any other activity which the NRC 

determines will significantly affect the 

quality of the environment, the Director 

of Nuclear Material Safety and 

Safeguards or his/her designee, before 

commencement of construction of the 

plant or facility in which the activity 

will be conducted, on the basis of 

information filed and evaluations made 

pursuant to subpart A of part 51 of this 

chapter, has concluded, after weighing 

the environmental, economic, technical, 

and other benefits against 

environmental costs and considering 

available alternatives, that the action 

called for is the issuance of the 

proposed license, with any appropriate 

conditions to protect environmental 

values. Commencement of construction 

prior to this conclusion is grounds for 

denial to possess and use special 

nuclear material in the plant or facility. 

Commencement of construction as 

defined in section 70.4 may include 

non-construction activities if the 

activity has a reasonable nexus to 

radiological safety and security. 

* * * * * 

PART 150—EXEMPTIONS AND 

CONTINUED REGULATORY 

AUTHORITY IN AGREEMENT STATES 

AND IN OFFSHORE WATERS UNDER 

SECTION 274 

■ 19. The authority citation for part 150 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. No. 109–58, 119 

Stat. 594 (2005). 

Sections 150.3, 150.15, 150.15a, 150.31, 

150.32 also issued under secs. 11e(2), 81, 68 

Stat. 923, 935, as amended, secs. 83, 84, 92 

Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 

2113, 2114). Section 150.14 also issued under 

sec. 53, 68 Stat. 930, as amended (42 U.S.C. 

2073). 

Section 150.15 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 

U.S.C. 10155, 10161). Section 150.17a also 

issued under sec. 122, 68 Stat. 939 (42 U.S.C. 

2152). Section 150.30 also issued under sec. 

234, 83 Stat. 444 (42 U.S.C. 2282). 

■ 20. In § 150.31, paragraph (b)(3)(iv) is 

revised to read as follows: 

§ 150.31 Requirements for Agreement 

State regulation of byproduct material. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) Prohibit commencement of 

construction with respect to such 

material prior to complying with the 

provisions of paragraph (b)(3)(iii) of this 

section. As used in this paragraph: 

(A) The term commencement of 

construction means taking any action 

defined as ‘‘construction’’ or any other 

activity at the site of a facility subject to 

the regulations in this part that has a 

reasonable nexus to radiological health 

and safety. 

(B) The term construction means the 

installation of foundations, or in-place 

assembly, erection, fabrication, or 

testing for any structure, system, or 

component of a facility or activity 

subject to the regulations in this part 

that have a reasonable nexus to 

radiological safety or security. The term 

‘‘construction’’ does not include: 

(1) Changes for temporary use of the 

land for public recreational purposes; 

(2) Site exploration, including 

necessary borings to determine 

foundation conditions or other 

preconstruction monitoring to establish 

background information related to the 

suitability of the site, the environmental 

impacts of construction or operation, or 

the protection of environmental values; 

(3) Preparation of the site for 

construction of the facility, including 

clearing of the site, grading, installation 

of drainage, erosion and other 

environmental mitigation measures, and 

construction of temporary roads and 

borrow areas; 

(4) Erection of fences and other access 

control measures that are not related to 

the safe use of or security of radiological 

materials subject to this part; 

(5) Excavation; 

(6) Erection of support buildings (e.g., 

construction equipment storage sheds, 

warehouse and shop facilities, utilities, 

concrete mixing plants, docking and 

unloading facilities, and office 

buildings) for use in connection with 

the construction of the facility; 

(7) Building of service facilities (e.g., 

paved roads, parking lots, railroad 

spurs, exterior utility and lighting 

systems, potable water systems, sanitary 

sewerage treatment facilities, and 

transmission lines); 

(8) Procurement or fabrication of 

components or portions of the proposed 

facility occurring at other than the final, 

in-place location at the facility; or 

(9) Taking any other action which has 

no reasonable nexus to radiological 

health and safety. 

* * * * * 

Dated at Rockville, Maryland, this 9th day 

of September 2011. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2011–23628 Filed 9–14–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0425; Airspace 

Docket No. 11–ANM–9] 

Amendment of Class D and 

Modification of Class E Airspace; 

Grand Junction, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Grand Junction, CO. 

Additional controlled airspace is 

necessary to facilitate vectoring of 

Instrument Flight Rules (IFR) traffic 

from Grand Junction Regional Airport to 

en route and enhances the safety and 

management of aircraft operations at the 

airport. This action also amends Class D 

and Class E airspace to update the 

airport name from Grand Junction, 

Walker Field. 

DATES: Effective date, 0901 UTC, 

December 15, 2011. 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 8, 2011, the FAA published 

in the Federal Register a notice of 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 56967 

proposed rulemaking to amend 

controlled airspace at Grand Junction, 

CO (76 FR 40293). 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 paragraph 

5000, 6002, 6004 and 6005, respectively, 

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 D and Class E 

airspace designations listed in this 

document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

modifying Class E airspace at Grand 

Junction Regional Airport, Grand 

Junction, CO. Additional controlled 

airspace extending upward from 1,200 

feet above the surface is necessary to 

accommodate vectoring IFR aircraft 

departing Grand Junction Regional 

Airport to en route airspace. This action 

also amends Class D and Class E 

airspace to update the airport name 

from Grand Junction, Walker Field, to 

Grand Junction Regional Airport, Grand 

Junction, CO. 

The FAA has determined 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 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 

discusses 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 creates 

additional controlled airspace at Grand 

Junction Regional Airport, Grand 

Junction, CO. 

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 Part 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 5000 Class D airspace. 

* * * * * 

ANM CO D Grand Junction, CO [Amended] 

Grand Junction Regional Airport, CO 

(Lat. 39°07′21′′ N., long. 108°31′36′′ W.) 

That airspace extending upward from the 

surface to and including 7,400 feet MSL 

within a 4.7-mile radius of Grand Junction 

Regional Airport. This Class D airspace area 

is effective during the 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 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM CO E2 Grand Junction, CO 

[Amended] 

Grand Junction Regional Airport, CO 

(Lat. 39°07′21′′ N., long. 108°31′36′′ W.) 

Within a 4.7-mile radius of Grand Junction 

Regional Airport. This Class E airspace area 

is effective during the 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 6004 Class E airspace designated 

as an extension to a Class D surface area. 

* * * * * 

ANM CO E4 Grand Junction, CO 

[Amended] 

Grand Junction Regional Airport, CO 

(Lat. 39°07′21’’ N., long. 108°31′36′′ W.) 

Grand Junction Localizer 

(Lat. 39°07′04′′ N., long. 108°30′48′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 

Grand Junction Regional Airport Runway 11 

ILS localizer northwest course extending 

from the 4.7-mile radius of Grand Junction 

Regional Airport to 7 miles northwest of the 

localizer. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM CO E5 Grand Junction, CO 

[Modified] 

Grand Junction Regional Airport, CO 

(Lat. 39°07′21′′ N., long. 108°31′36′′ W.) 

Grand Junction VOR/DME 

(Lat. 39°03′34′′ N., long. 108°47′33′′ W.) 

That airspace extending upward from 700 

feet above the surface within 7 miles 

northwest and 4.3 miles southeast of the 

Grand Junction VOR/DME 247° and 067° 

radials extending from 11.4 miles southwest 

to 12.3 miles northeast of the VOR/DME, and 

within 1.8 miles south and 9.2 miles north 

of the Grand Junction VOR/DME 110° radial 

extending from the VOR/DME to 19.2 miles 

southeast; that airspace extending upward 

from 1,200 feet above the surface within a 

33.1-mile radius of the Grand Junction VOR/ 

DME beginning at the 020° bearing of the 

Grand Junction VOR/DME, clockwise to the 

270° bearing of the Grand Junction VOR/ 

DME, and within a 63-mile radius of the 

Grand Junction VOR/DME beginning at the 

270° bearing of the Grand Junction VOR/ 

DME, clockwise to the 020° bearing of the 

Grand Junction VOR/DME. 

Issued in Seattle, Washington, on 

September 1, 2011. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–23298 Filed 9–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0560; Airspace 

Docket No. 11–ANM–15] 

Amendment of Class E Airspace; 

Glendive, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Dawson Community Airport, 

Glendive, MT, to accommodate aircraft 

using Area Navigation (RNAV) Global 

Positioning System (GPS) standard 

instrument approach procedures. This 

improves the safety and management of 


wreier-aviles on DSK7SPTVN1PROD with RULES