Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52209 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 1,200 feet or more 

above the surface of the earth. 

* * * * * 

ANM WA E5 Point Roberts, WA 

(Abbotsford, BC) [New] 

Abbotsford Airport, BC, Canada 

(Lat. 49°01′31′′ N., long. 122°21′48′′ W.) 

That airspace extending upward from 

1,200 feet above the surface bounded by a 

line beginning at lat. 49°00′00′′ N., long. 

122°15′00′′ W.; thence east along the 

Canadian U.S. Border to lat. 49°00′00′′ N., 

long. 121°20′15′′ W.; thence south to lat. 

48°51′40′′ N., long. 121°20′15′′ W.; thence 

west to lat. 48°51′40′′ N., long. 122°15′00′′ W.; 

thence back to the point of origination. 

* * * * * 

Issued in Seattle, Washington, on August 

27, 2008. 

Kevin Nolan, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E8–20663 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0419; Airspace 

Docket No. 08–ANM–3] 

Establishment of Low Altitude Area 

Navigation Route (T-Route); Southwest 

Oregon 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes a low 

altitude Area Navigation (RNAV) route, 

designated T–276. The NPRM 

incorrectly indicated the route location 

in Southwest Oregon, however the route 

is in Southwest Washington. T-routes 

are low altitude Air Traffic Service 

(ATS) routes, based on RNAV, for use 

by aircraft having instrument flight rules 

(IFR) approved Global Positioning 

System (GPS)/Global Navigation 

Satellite System (GNSS) equipment. The 

FAA is taking this action to reduce 

controller workload, enhance safety and 

improve the efficient use of the 

navigable airspace into and through the 

Portland, Oregon, terminal area. 

DATES: Effective Date: 0901UTC, 

November 20, 2008. 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. 

SUPPLEMENTARY INFORMATION: 

History 

On April 29, 2008, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish a low altitude T-route in 

southwest Oregon (73 FR 23136). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on this 

proposal to the FAA. Three comments 

were received in response to the NPRM. 

One comment pointed out the route is 

located in Southwest Washington and 

not in Southwest Oregon. The FAA is 

making the correction. Two comments 

expressed concern with upslope icing in 

the area of T–276 and recommended 

additional training and information be 

made available to both pilots and 

controllers concerning the danger of 

upslope icing in the vicinity of the new 

airway. In conjunction with the Aircraft 

Owners and Pilots Association (AOPA) 

and the Oregon Pilots Association 

(OPA) articles addressing upslope icing 

will be published in upcoming issues of 

the OPA Magazine Propwash in August, 

and in the September issue of the AOPA 

magazine. Additionally, an FAA 

representative will conduct a briefing on 

upslope icing at the annual OPA 

meeting scheduled for August 23, 2008. 

Low altitude RNAV routes are 

published in paragraph 6011 of FAA 

Order 7400.9R signed August 15, 2007, 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

71.1. The low altitude RNAV routes 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends to Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by establishing a low altitude RNAV 

route in southwest Washington. The 

route is designated T–276, and will be 

depicted on the appropriate IFR En 

Route Low Altitude charts. T-routes are 

low altitude RNAV ATS routes, similar 

to Very High Frequency 

Omnidirectional Range Federal airways, 

but based on GNSS navigation. RNAV 

equipped aircraft capable of filing flight 

plan equipment suffix ‘‘G’’ may file for 

these routes. 

The T-route described in this rule will 

enhance safety, and facilitate more 

flexible and efficient use of the 

navigable airspace for en route IFR 

operations transitioning through 

mountainous terrain of southwest 

Washington. 

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 establishes an RNAV T-route in 

southwest Washington. 

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, 311b, and 311k. 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. 


yshivers on PROD1PC62 with RULES
52210 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

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 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007, and 

effective September 15, 2007, is 

amended as follows: 

Paragraph 6011 Contiguous United States 

Area Navigation Routes. 

* * * * * 

T–276 COUGA, WA to CARBY, WA [New] 

COUGA WP (lat. 46°05′31′′ N., long. 

122°40′39′′ W.) 

CARBY WP (lat. 45°44′06′′ N., long. 

121°55′32′′ W.) 

* * * * * 

Issued in Washington, DC, on August 27, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–20660 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 6, 7, 15, 18, 19, 20, 22, 

23, 27, 28, 33, 35, 36, and 74 

MSHA Approval and Certification 

Center Address Change 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: MSHA is amending its 

regulations to update the mailing 

address of the U.S. Department of Labor, 

Mine Safety and Health Administration, 

Approval and Certification Center 

(Center) in Triadelphia, West Virginia. 

The address of the Center has changed 

since publication of the regulations. 

DATES: Effective Date: September 9, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, 1100 Wilson Blvd., Room 2350, 

Arlington, Virginia 22209–3939, 

silvey.patricia@dol.gov (e-mail), (202) 

693–9440 (voice), or (202) 693–9441 

(telefax). This document is available on 

the Internet at http://www.msha.gov/ 

REGSINFO.HTM. 

SUPPLEMENTARY INFORMATION: The U.S. 

Postal Service has changed the mailing 

address for MSHA’s Technical Support 

Approval and Certification Center. The 

new mailing address is: U.S. 

Department of Labor, Mine Safety and 

Health Administration, 765 Technology 

Drive, Triadelphia, WV 26059. This 

change was required by the Center’s 

local fire and rescue squad so that 911 

emergency personnel can identify 

locations accurately in case of an 

emergency. Accordingly, the regulations 

in 30 CFR 6.30(a), 7.3(a), 7.10(c)(1), 

7.304(g)(2)(ii), 15.4(a), 18.3, 18.6(a)(3)(i), 

18.6(a)(4), 18.80(a), 18.81(a), 18.82(a), 

18.82(c), 19.3(a), 19.4(a), 19.13(a)(1), 

20.3(a), 20.5(a), 20.14(a)(1), 22.4(a), 

22.5(a), 22.11(a)(1), 22.3(a), 23.5(a), 

23.14(a)(1), 27.3, 27.4(a)(1), 28.10(c), 

28.31(b), 28.40(d), 33.3, 33.6(a)(1), 35.3, 

35.6(a)(1), 35.6(g), 36.3, 36.6(a)(1), and 

74.6(a) are amended to reflect the new 

mailing address. This action is being 

taken for accuracy and to improve 

emergency response capability. This 

technical amendment does not meet the 

definition of ‘‘rule’’ in 5 U.S.C. 551(4). 

Therefore, it is not subject to the rule 

making requirements in 5 U.S.C. 553. 

This action also does not constitute a 

‘‘regulatory action’’ subject to Executive 

Order 12866, as amended. 

List of Subjects in 30 CFR Parts 6, 7, 15, 

18, 19, 20, 22, 23, 27, 28, 33, 35, 36, and 

74. 

Mine safety and health. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

■ Accordingly, under the authority of 30 

U.S.C. 957, chapter I of title 30, Code of 

Federal Regulations is amended as 

follows: 

PART 6—TESTING AND EVALUATION 

BY INDEPENDENT LABORATORIES 

AND NON-MSHA PRODUCT SAFETY 

STANDARDS 

■ 1. The authority citation for part 6 

continues to read as follows: 

Authority: 30 U.S.C. 957. 

■ 2. Section 6.30 is amended by revising 

the third sentence of paragraph (a) to 

read as follows: 

§ 6.30 MSHA listing of equivalent nonMSHA product safety standards. 

* * * * * 

(a) * * * The IEC standards may be 

inspected at the U.S. Department of 

Labor, Mine Safety and Health 

Administration, Electrical Safety 

Division, Approval and Certification 

Center, 765 Technology Drive, 

Triadelphia, WV 26059, and may be 

purchased from International Electrical 

Commission, Central Office 3, rue de 

Varembe ́, P.O. Box 131, CH–1211 

GENEVA 20, Switzerland. 

* * * * * 

PART 7—TESTING BY APPLICANT OR 

THIRD PARTY 

■ 3. The authority citation for part 7 

continues to read as follows: 

Authority: 30 U.S.C. 957. 

■ 4. Section 7.3 is amended by revising 

paragraph (a) to read as follows: 

§ 7.3 Application procedures and 

requirements. 

(a) Application. Requests for an 

approval or extension of approval shall 

be sent to: U.S. Department of Labor, 

Mine Safety and Health Administration, 

Approval and Certification Center, 765 

Technology Drive, Triadelphia, WV 

26059. 

* * * * * 

■ 5. Section 7.10 is amended by revising 

the third sentence of paragraph (c)(1) 

introductory text to read as follows: 

§ 7.10 MSHA acceptance of equivalent 

non-MSHA product safety standards. 

* * * * * 

(c) * * * 

(1) * * * The IEC standards may be 

inspected at the U.S. Department of 

Labor, Mine Safety and Health 

Administration, Electrical Safety 

Division, Approval and Certification 

Center, 765 Technology Drive, 

Triadelphia, WV 26059, or at the 

National Archives and Records 

Administration (NARA). * * * 

* * * * * 

■ 6. Section 7.304 is amended by 

revising the fourth sentence of 

paragraph (g)(2)(ii) to read as follows: 

§ 7.304 Technical requirements. 

* * * * * 

(g) * * * 

(2) * * * 

(i) * * * 

(ii) * * * Copies may be inspected at 

the U.S. Department of Labor, Mine 

Safety and Health Administration, 


yshivers on PROD1PC62 with RULES