61026 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 

rule will be added to the draft UMR 

update. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. The rule has 

been determined to be not significant for 

the purposes of Executive Order 12866 

and, therefore, has not been reviewed by 

the Office of Management and Budget. 

We are amending the tuberculosis 

regulations by removing the two 

different definitions of affected herd 

and replacing them with a single, 

updated definition. This action is 

necessary because the definitions that 

have appeared in the regulations are 

out-of-date and inconsistent. This action 

will provide more clarity to the 

regulations. 

No economic benefits or costs are 

associated with this action, which 

would simply update and clarify our 

definition of affected herd. This action 

would have no effect on small entities, 

other Federal agencies, State 

governments, or local governments. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are in conflict with this rule; (2) has 

no retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 9 CFR Part 77 

Animal diseases, Bison, Cattle, 

Reporting and recordkeeping 

requirements, Transportation, 

Tuberculosis. 

■ Accordingly, we are amending 9 CFR 

part 77 as follows: 

PART 77—TUBERCULOSIS 

■ 1. The authority citation for part 77 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 2. Section 77.2 is amended by adding, 

in alphabetical order, a definition of 

affected herd to read as follows: 

§ 77.2 Definitions. 

* * * * * 

Affected herd. A herd of livestock in 

which there is strong and substantial 

evidence that Mycobacterium bovis 

exists. This evidence should include, 

but is not limited to, any of the 

following: Histopathology, polymerase 

chain reaction (PCR) assay, bacterial 

isolation or detection, testing data, or 

epidemiologic evidence such as contact 

with known sources of infection. 

* * * * * 

§§ 77.5 and 77.20 [Amended] 

■ 3. Sections 77.5 and 77.20 are 

amended by removing the definitions of 

affected herd. 

Done in Washington, DC, this 14th day of 

October 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–20974 Filed 10–19–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21529; Airspace 

Docket No. 05–AAL–19] 

Revision of Class E Airspace; Yakutat, 

AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Yakutat, AK to provide 

adequate controlled airspace to contain 

aircraft executing three new Standard 

Instrument Approach Procedures 

(SIAPs), seven existing SIAPs and one 

revised Departure Procedure. This rule 

results in new Class E airspace upward 

from 1,200 feet (ft.) above the surface at 

Yakutat, AK. The existing airspace 

upward from 700 ft. above the surface 

is not changed. 

EFFECTIVE DATE: 0901 UTC, December 

22, 2005. 

FOR FURTHER INFORMATION CONTACT: Gary 

Rolf, AAL–538G, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

gary.ctr.rolf@faa.gov. Internet address: 

http://www.alaska.faa.gov/at. 

SUPPLEMENTARY INFORMATION: 

History 

On Friday, June 24, 2005, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to amend the Class E airspace 

upward from 700 ft. and 1,200 ft. above 

the surface at Yakutat, AK (70 FR 

36542). The action was proposed in 

order to create Class E airspace 

sufficient in size to contain aircraft 

while executing three new SIAPs, seven 

revised SIAPs and one revised departure 

procedure for the Yakutat Airport. The 

new approaches are (1) Area Navigation 

(Global Positioning System) (RNAV 

(GPS)) Runway (RWY) 02, original; (2) 

RNAV (GPS) RWY 11, orig.; and (3) 

RNAV (GPS) RWY 29, orig. The seven 

revised SIAPs are (1) Direction Finder 

(DF) RWY 11, amendment (AMDT) 3, 

(2) Instrument Landing System (ILS) or 

Localizer (LOC)-Distance Measuring 

Equipment (DME) RWY 11, orig., (3) 

LOC–DME-Back Course RWY 29, AMDT 

3, (4) Non-directional Radio Beacon 

RWY 11, AMDT 3, (5) Very High 

Frequency Omnidirectional Range 

(VOR)–DME RWY 02, AMDT 2, (6) 

VOR–DME RWY 11, AMDT. 1, and (7) 

VOR–DME RWY 29, AMDT 1. The 

Departure Procedure is the FAKES–

TWO, AMDT 1. Revised Class E 

controlled airspace extending upward 

from 700 ft. above the surface in the 

Yakutat Airport area is revised by this 

action. Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9N, Airspace Designations 

and Reporting Points, dated September 

1, 2005, and effective September 15, 

2005, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61027 

airspace designation listed in this 

document will be published 

subsequently in the Order. The Notice 

of Proposed Rulemaking (NPRM) 

originally listed the airport position 

coordinates incorrectly. Additionally, 

the airspace description was 

incomplete. This action corrects these 

errors. The rule describes exclusions to 

airspace outside 12 miles from the 

shoreline. These exclusions will be 

addressed by another rulemaking action, 

which will provide the necessary 

controlled airspace for the SIAPs at 

Yakutat. Those changes will affect the 

Offshore Airspace Areas; Gulf of Alaska 

Low and Control 1487L. 

The Rule 

This amendment to 14 CFR part 71 

revises Class E airspace at Yakutat, 

Alaska. This Class E airspace is revised 

to accommodate aircraft executing three 

new SIAPs, seven revised SIAPs, one 

revised departure procedure and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for Instrument Flight Rule (IFR) 

operations at Yakutat Airport, Yakutat, 

Alaska. 

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. 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 a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule 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 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Yakutat Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

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, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Yakutat, AK [Revised] 

Yakutat Airport, AK 

(Lat. 59°30′12′′ N., long. 139°39′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within the area 

bounded by lat. 59°47′42′′ N. long. 139°58′48′′ 

W. to lat. 59°37′33′′ N. long. 139°40′53′′ W. 

then along the 7-mile radius of the Yakutat 

VORTAC clockwise to lat. 59°28′54′′ N. long. 

139°25′35′′ W. to lat. 59°20′16′′ N. long. 

139°10′20′′ W. to lat. 59°02′49′′ N. long. 

139°47′45′′ W. to lat. 59°30′15′′ N. long. 

140°36′43′′ W. to the point of beginning 

excluding the area outside 12 miles from the 

shoreline; and that airspace extending 

upward from 1,200 feet above the surface 

within the area bounded by lat. 59°00′00′′ N. 

long. 141°10′00′′ W. by lat. 59°50′00′′ N. long. 

141°00′00′′ W. by lat. 60°05′00′′ N. long. 

140°30′00′′ W. by lat. 60°10′00′′ N. long. 

139°30′00′′ W. by lat. 59°30′00′′ N. long. 

138°15′00′′ W. by lat. 59°00′00′′ N. long. 

138°35′00′′ W. by lat. 58°40′00′′ N. long. 

139°30′00′′ W. to the point of beginning; and 

within 5.6 miles each side of the Yakutat 

VORTAC 112° radial to 65 miles southeast of 

the VORTAC excluding the area outside 12 

miles from the shoreline. 

* * * * * 

Issued in Anchorage, AK, on October 7, 

2005. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Service 

Operations. 

[FR Doc. 05–21002 Filed 10–19–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30461; Amdt. No. 3137] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment amends 

Standard Instrument Approach 

Procedures (SIAPs) for operations at 

certain airports. These regulatory 

actions are needed because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective October 20, 

2005. The compliance date for each 

SIAP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 20, 

2005. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Ave., SW., Washington, 

DC 20591; 

2. The FAA Regional Office of the 

region in which affected airport is 

located; or 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/