24786 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI75 

[NRC–2009–0538] 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD System Revision 

1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by 

revising the Transnuclear, Inc. (TN) 

NUHOMS® HD System listing within 

the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 1 to Certificate of Compliance (CoC) 

Number 1030. Amendment No. 1 will 

modify the CoC to add Combustion 

Engineering 16×16 class fuel assemblies 

as authorized contents, reduce the 

minimum off-normal ambient 

temperature from ¥20°F to ¥21°F, 

expand the authorized contents of the 

NUHOMS® HD System to include 

pressurized water reactor fuel 

assemblies with control components, 

reduce the minimum initial enrichment 

of fuel assemblies from 1.5 weight 

percent uranium-235 to 0.2 weight 

percent uranium-235, clarify the 

requirements of reconstituted fuel 

assemblies, add requirements to qualify 

metal matrix composite neutron 

absorbers with integral aluminum 

cladding, delete use of nitrogen for 

draining the water from the dry shielded 

canister (DSC) and allow only helium as 

a cover gas during DSC cavity water 

removal operations, and make 

corresponding changes to the technical 

specifications. 

DATES: The final rule is effective July 20, 

2010, unless significant adverse 

comments are received by June 7, 2010. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0538]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR Reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. An electronic 

copy of the proposed CoC, technical 

specifications (TS), and preliminary 

safety evaluation report (SER) can be 

found under ADAMS Package Number 

ML092050827. 

CoC No. 1030, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC 

PDR, Public File Area O–1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD. Single copies of 

these documents may be obtained from 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA), requires that ‘‘[t]he Secretary 

[of the U. S. Department of Energy 

(DOE)] shall establish a demonstration 

program, in cooperation with the private 

sector, for the dry storage of spent 

nuclear fuel at civilian nuclear power 

reactor sites, with the objective of 

establishing one or more technologies 

that the [Nuclear Regulatory] 

Commission may, by rule, approve for 

use at the sites of civilian nuclear power 

reactors without, to the maximum 

extent practicable, the need for 

additional site-specific approvals by the 

Commission.’’ Section 133 of the NWPA 

states, in part, that ‘‘[t]he Commission 

shall, by rule, establish procedures for 

the licensing of any technology 

approved by the Commission under 

Section 218(a) for use at the site of any 

civilian nuclear power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in 10 CFR Part 72, which added a 

new Subpart K within 10 CFR Part 72, 

entitled ‘‘General License for Storage of 

Spent Fuel at Power Reactor Sites’’ (55 

FR 29181; July 18, 1990). This rule also 

established a new Subpart L within 10 

CFR Part 72, entitled ‘‘Approval of Spent 

Fuel Storage Casks,’’ which contains 

procedures and criteria for obtaining 

NRC approval of spent fuel storage cask 

designs. The NRC subsequently issued a 

final rule on December 11, 2006 (71 FR 

71463), that approved the NUHOMS®

HD System cask design and added it to 

the list of NRC-approved cask designs in 

10 CFR 72.214 as CoC No. 1030. 

Discussion 

On November 1, 2007, and as 

supplemented on December 15, 2008, 

February 19, April 30, May 26, and June 

10, 2009, TN, the holder of CoC No. 

1030, submitted an application to the 

NRC that requested an amendment to 

CoC No. 1030. Specifically, TN 

requested modifications to the cask 

design to add Combustion Engineering 

(CE) 16×16 class fuel assemblies as 

authorized contents (the system is 

currently authorized to store CE 14×14, 

Westinghouse (WE) 15×15, and WE 

17×17 classes only); reduce the 

minimum off-normal ambient 

temperature from ¥20°F to ¥21°F; 

expand the authorized contents of the 

NUHOMS® HD System to include 

pressurized water reactor (PWR) fuel 

assemblies with control components; 

reduce the minimum initial enrichment 

of fuel assemblies from 1.5 weight 

percent uranium-235 to 0.2 weight 

percent uranium-235; clarify the 

requirements of reconstituted fuel 

assemblies, add requirements to qualify 

metal matrix composite neutron 

absorbers with integral aluminum 

cladding; delete use of nitrogen for 

draining the water from the DSC, and 

allow only helium as a cover gas during 

DSC cavity water removal operations; 

and make corresponding changes to the 

TS as described in the SER. As 

documented in the SER, the NRC staff 

performed a detailed safety evaluation 

of the proposed CoC amendment request 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 24787 

and found that an acceptable safety 

margin is maintained. In addition, the 

NRC staff has determined that there 

continues to be reasonable assurance 

that public health and safety will be 

adequately protected. 

This direct final rule revises the 

NUHOMS® HD System listing in 10 CFR 

72.214 by adding Amendment No. 1 to 

CoC No. 1030. The amendment consists 

of the changes described above, as set 

forth in the revised CoC and TS. The 

particular TS which are changed are 

identified in the SER. 

The amended NUHOMS® HD System 

cask design, when used under the 

conditions specified in the CoC, the TS, 

and NRC regulations, will meet the 

requirements of Part 72; thus, adequate 

protection of public health and safety 

will continue to be ensured. When this 

direct final rule becomes effective, 

persons who hold a general license 

under 10 CFR 72.210 may load spent 

nuclear fuel into NUHOMS® HD System 

casks that meet the criteria of 

Amendment No. 1 to CoC No. 1030 

under 10 CFR 72.212. 

Discussion of Amendments by Section 

Section 72.214 List of approved spent fuel 

storage casks. 

Certificate No. 1030 is revised by 

adding the effective date of Amendment 

Number 1. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment 1 to CoC No. 

1030 and does not include other aspects 

of the NUHOMS® HD System. The NRC 

is using the ‘‘direct final rule procedure’’ 

to issue this amendment because it 

represents a limited and routine change 

to an existing CoC that is expected to be 

noncontroversial. Adequate protection 

of public health and safety continues to 

be ensured. The amendment to the rule 

will become effective on July 20, 2010. 

However, if the NRC receives significant 

adverse comments on this direct final 

rule by June 7, 2010, then the NRC will 

publish a document that withdraws this 

action and will subsequently address 

the comments received in a final rule as 

a response to the companion proposed 

rule published elsewhere in this issue of 

the Federal Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this direct final rule, the 

NRC will revise the NUHOMS® HD 

System cask design listed in § 72.214 

(List of NRC-approved spent fuel storage 

cask designs). This action does not 

constitute the establishment of a 

standard that contains generally 

applicable requirements. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ regulations. 

The NRC program elements in this 

category are those that relate directly to 

areas of regulation reserved to the NRC 

by the Atomic Energy Act of 1954, as 

amended (AEA), or the provisions of 

Title 10 of the Code of Federal 

Regulations. Although an Agreement 

State may not adopt program elements 

reserved to NRC, it may wish to inform 

its licensees of certain requirements via 

a mechanism that is consistent with the 

particular State’s administrative 

procedure laws but does not confer 

regulatory authority on the State. 

Plain Language 

The Presidential Memorandum, 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883), directed that the 

Government’s documents be in clear 

and accessible language. The NRC 

requests comments on this direct final 

rule specifically with respect to the 

clarity and effectiveness of the language 

used. Comments should be sent to the 

address listed under the heading 

ADDRESSES, above. 

Finding of No Significant 

Environmental Impact: Availability 

Under the National Environmental 

Policy Act of 1969, as amended, and the 

NRC regulations in Subpart A of 10 CFR 

Part 51, the NRC has determined that 

this rule, if adopted, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment and, therefore, an 

environmental impact statement is not 

required. The NRC has prepared an 

environmental assessment and, on the 

basis of this environmental assessment, 

has made a finding of no significant 

impact. This rule will amend the CoC 

for the NUHOMS® HD System cask 

design within the list of approved spent 

fuel storage casks that power reactor 

licensees can use to store spent fuel at 

reactor sites under a general license. 

The amendment will add CE 16x16 

class fuel assemblies as authorized 

contents; reduce the minimum offnormal ambient temperature from 

¥20°F to ¥21°F; expand the authorized 

contents of the NUHOMS® HD System 

to include PWR fuel assemblies with 

control components; reduce the 

minimum initial enrichment of fuel 

assemblies from 1.5 weight percent 

uranium-235 to 0.2 weight percent 

uranium-235; clarify the requirements of 

reconstituted fuel assemblies; add 

requirements to qualify metal matrix 

composite neutron absorbers with 

integral aluminum cladding; delete use 

of nitrogen for draining the water from 

the DSC, and allow only helium as a 

cover gas during DSC cavity water 

removal operations; and make 

corresponding changes to the TS as 

described in the SER. 

The environmental assessment and 

finding of no significant impact on 

which this determination is based are 

available for inspection at the NRC 

Public Document Room, Public File 

Area O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD. 

Single copies of the environmental 

assessment and finding of no significant 

impact are available from Jayne M. 

McCausland, Office of Federal and State 


emcdonald on DSK2BSOYB1PROD with RULES
24788 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

Paperwork Reduction Act Statement 

This rule does not contain any 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget, 

Approval Number 3150–0132. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

Part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s CoC, and the 

conditions of the general license are 

met. A list of NRC-approved cask 

designs is contained in 10 CFR 72.214. 

On December 11, 2006 (71 FR 71463), 

the NRC issued an amendment to Part 

72 that approved the NUHOMS® HD 

System cask design by adding it to the 

list of NRC-approved cask designs in 10 

CFR 72.214. On November 1, 2007, and 

as supplemented on December 15, 2008, 

February 19, April 30, May 26, and June 

10, 2009, the certificate holder (TN) 

submitted an application to the NRC to 

amend CoC No. 1030 to add CE 16x16 

class fuel assemblies as authorized 

contents; reduce the minimum offnormal ambient temperature from 

¥20°F to ¥21°F; expand the authorized 

contents of the NUHOMS® HD System 

to include PWR fuel assemblies with 

control components; reduce the 

minimum initial enrichment of fuel 

assemblies from 1.5 weight percent 

uranium-235 to 0.2 weight percent 

uranium-235; clarify the requirements of 

reconstituted fuel assemblies; add 

requirements to qualify metal matrix 

composite neutron absorbers with 

integral aluminum cladding; delete use 

of nitrogen for draining the water from 

the DSC, and allow only helium as a 

cover gas during DSC cavity water 

removal operations; and make 

corresponding changes to the TS as 

described in the SER. 

The alternative to this action is to 

withhold approval of Amendment No. 1 

and to require any Part 72 general 

licensee, seeking to load fuel into 

NUHOMS® HD System casks under the 

changes described in Amendment No. 1, 

to request an exemption from the 

requirements of 10 CFR 72.212 and 

72.214. Under this alternative, each 

interested Part 72 licensee would have 

to prepare, and the NRC would have to 

review, a separate exemption request, 

thereby increasing the administrative 

burden upon the NRC and the costs to 

each licensee. 

Approval of the direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the SER and 

the environmental assessment, the 

direct final rule will have no adverse 

effect on public health and safety. This 

direct final rule has no significant 

identifiable impact or benefit on other 

Government agencies. Based on this 

regulatory analysis, the NRC concludes 

that the requirements of the direct final 

rule are commensurate with the NRC’s 

responsibilities for public health and 

safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

thus, this action is recommended. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and TN. 

These entities do not fall within the 

scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter I. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, 

Whistleblowing. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR Part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for Part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c),(d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1030 is revised to read as 

follows: 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 24789 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1030. 

Initial Certificate Effective Date: 

January 10, 2007. 

Amendment No. 1 Effective Date: July 

20, 2010. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the NUHOMS® HD 

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel. 

Docket Number: 72–1030. 

Certificate Expiration Date: January 

10, 2027. 

Model Number: NUHOMS® HD– 

32PTH. 

* * * * * 

Dated at Rockville, Maryland, this 19th day 

of April, 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–10677 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0008; Airspace 

Docket No. 09–ANM–21] 

Modification of Jet Route J–3; 

Spokane, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Jet Route 

J–3 by terminating the route at the 

Spokane, WA, VHF omnidirectional 

range/tactical air navigation (VORTAC) 

instead of the Canadian border. This 

action is necessary for the safety and 

management of instrument flight rules 

(IFR) operations within the National 

Airspace System (NAS). 

DATES: Effective date 0901 UTC, July 29, 

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: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

History 

On February 4, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify J–3 Spokane, WA. (75 FR 

5703). Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on this 

proposal to the FAA. No comments 

were received in response to the NPRM, 

therefore, this amendment is the same 

as that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

removing the segment of J–3 that 

extends from the Spokane VORTAC to 

Cranbrook, BC. The route terminates at 

the EDGES fix located on the United 

States and Canadian border. The FAA 

has determined that this segment of J– 

3 is not required since the Jet Route, as 

currently described, terminates or 

originates at a point in space on the 

international border and does not meet 

or connect to any corresponding airway 

within Canadian airspace. Additionally, 

the segment between the Spokane 

VORTAC and Cranbrook, BC VOR/DME 

causes confusion because it appears that 

pilots can file a flight plan all the way 

to the Cranbrook, BC VOR/DME, 

however, the computer rejects the flight 

plans filed to the Cranbrook, BC VOR/ 

DME. 

Jet Routes are published in paragraph 

2004 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 Jet Route listed in this 

document would be subsequently 

published in the Order. 

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 Department of 

Transportation (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 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 modifies a Jet Route from Oakland, 

CA, to Spokane, WA. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental Impacts: 

Policies and Procedures,’’ paragraph 

311a. This airspace action is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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 FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, dated August 27, 2009 and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 2004—Jet Routes 

* * * * * 

J–3 [Modified] 

From Oakland, CA, via Red Bluff, CA; 

Lakeview, OR; Kimberly, OR; Spokane, WA. 


emcdonald on DSK2BSOYB1PROD with RULES