Establishment of Class D and E Airspace; Panama City, FL, 5007-5009 [2010-2005]
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Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Proposed Rules
order) under 5 U.S.C. 7123(d), the
General Counsel may make application
for appropriate temporary relief
(including a restraining order) in the
district court of the United States within
which the unfair labor practice is
alleged to have occurred or in which the
party sought to be enjoined resides or
transacts business. Temporary relief
may be sought if it is just and proper
and the record establishes probable
cause that an unfair labor practice is
being committed. Temporary relief shall
not be sought if it would interfere with
the ability of the agency to carry out its
essential functions.
(d) Actions subsequent to obtaining
appropriate temporary relief. The
General Counsel shall inform the
district court which granted temporary
relief pursuant to 5 U.S.C. 7123(d)
whenever an Administrative Law Judge
recommends dismissal of the complaint,
in whole or in part.
pwalker on DSK8KYBLC1PROD with PROPOSALS
§ 2423.11 Determination not to issue
complaint; review of action by the Regional
Director.
(a) Opportunity to withdraw a charge.
If the Regional Director determines that
the charge has not been timely filed,
that the charge fails to state an unfair
labor practice, or for other appropriate
reasons, the Regional Director may
request the Charging Party to withdraw
the charge.
(b) Dismissal letter. If the Charging
Party does not withdraw the charge
within a reasonable period of time, the
Regional Director will, on behalf of the
General Counsel, dismiss the charge and
provide the parties with a written
statement of the reasons for not issuing
a complaint.
(c) Appeal of a dismissal letter. The
Charging Party may obtain review of the
Regional Director’s decision to dismiss
a charge by filing an appeal with the
General Counsel within 25 days after
service of the Regional Director’s
decision. A Charging Party shall serve a
copy of the appeal on the Regional
Director. The General Counsel shall
serve notice on the Charged Party that
an appeal has been filed.
(d) Extension of time. The Charging
Party may file a request, in writing, for
an extension of time to file an appeal,
which shall be received by the General
Counsel not later than 5 days before the
date the appeal is due. A Charging Party
shall serve a copy of the request for an
extension of time on the Regional
Director.
(e) Grounds for granting an appeal.
The General Counsel may grant an
appeal when the appeal establishes at
least one of the following grounds:
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(1) The Regional Director’s decision
did not consider material facts that
would have resulted in issuance of a
complaint;
(2) The Regional Director’s decision is
based on a finding of a material fact that
is clearly erroneous;
(3) The Regional Director’s decision is
based on an incorrect statement or
application of the applicable rule of law;
(4) There is no Authority precedent
on the legal issue in the case; or
(5) The manner in which the Region
conducted the investigation has resulted
in prejudicial error.
(f) General Counsel action. The
General Counsel may deny the appeal of
the Regional Director’s dismissal of the
charge, or may grant the appeal and
remand the case to the Regional Director
to take further action. The General
Counsel’s decision on the appeal states
the grounds listed in paragraph (e) of
this section for denying or granting the
appeal, and is served on all the parties.
Absent a timely motion for
reconsideration, the decision of the
General Counsel is final.
(g) Reconsideration. After the General
Counsel issues a final decision, the
Charging Party may move for
reconsideration of the final decision if it
can establish extraordinary
circumstances in its moving papers. The
motion shall be filed within 10 days
after the date on which the General
Counsel’s final decision is postmarked.
A motion for reconsideration shall state
with particularity the extraordinary
circumstances claimed and shall be
supported by appropriate citations. The
decision of the General Counsel on a
motion for reconsideration is final.
§ 2423.12 Settlement of unfair labor
practice charges after a Regional Director
determination to issue a complaint but prior
to issuance of a complaint.
(a) Bilateral informal settlement
agreement. Prior to issuing a complaint,
the Regional Director may afford the
Charging Party and the Charged Party a
reasonable period of time to enter into
an informal settlement agreement to be
approved by the Regional Director.
When a Charged Party complies with
the terms of an informal settlement
agreement approved by the Regional
Director, no further action is taken in
the case. If the Charged Party fails to
perform its obligations under the
approved informal settlement
agreement, the Regional Director may
institute further proceedings.
(b) Unilateral informal settlement
agreement. If the Charging Party elects
not to become a party to a bilateral
settlement agreement, which the
Regional Director concludes effectuates
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5007
the policies of the Federal Service
Labor-Management Relations Statute,
the Regional Director may choose to
approve a unilateral settlement between
the Regional Director and the Charged
Party. The Regional Director, on behalf
of the General Counsel, shall issue a
letter stating the grounds for approving
the settlement agreement and declining
to issue a complaint. The Charging Party
may obtain review of the Regional
Director’s action by filing an appeal
with the General Counsel in accordance
with § 2423.11(c) and (d). The General
Counsel may grant an appeal when the
Charging Party has shown that the
Regional Director’s approval of a
unilateral settlement agreement does not
effectuate the purposes and policies of
the Federal Service Labor-Management
Relations Statute. The General Counsel
shall take action on the appeal as set
forth in § 2423.11(b), (c), (d), (f), and (g).
§§ 2423.13–2423.19
[Reserved]
Dated: January 26, 2010.
Julia Akins Clark,
General Counsel, Federal Labor Relations
Authority.
[FR Doc. 2010–2047 Filed 1–29–10; 8:45 am]
BILLING CODE 6727–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0710; Airspace
Docket No. 09–ASO–16]
Establishment of Class D and E
Airspace; Panama City, FL
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: This action proposes to
establish Class D and E airspace at
Panama City, FL, to accommodate new
Area Navigation (RNAV) Global
Positioning System (GPS) Standard
Instrument Approach Procedures
(SIAPs) for the new Northwest FloridaPanama City International Airport. This
action would enhance the safety and
management of instrument Flight Rules
(IFR) operations at the airport.
DATES: Comments must be received on
or before March 18, 2010.
ADDRESSES: Send comments on this rule
to: U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001; Telephone: 1–800–
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5008
Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Proposed Rules
647–5527; Fax: 202–493–2251. You
must identify the Docket Number FAA–
2009–0710; Airspace Docket No. 09–
ASO–16, at the beginning of your
comments. You may also submit and
review received comments through the
Internet at
https://www.regulations.gov.
You may review the public docket
containing the rule, any comments
received, and any final disposition in
person in the Dockets Office (see
ADDRESSES section for 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 office of the Eastern Service
Center, Federal Aviation
Administration, Room 210, 1701
Columbia Avenue, College Park, Georgia
30337.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Airspace Specialist,
Operations Support Group, Eastern
Service Center, Air Traffic Organization,
Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
pwalker on DSK8KYBLC1PROD with PROPOSALS
Comments Invited
Interested persons are invited to
comment on this rule 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 and be
submitted in triplicate to the address
listed above. Those wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2009–0710; Airspace
Docket No. 09–ASO–16.’’ The postcard
will be date/time stamped and returned
to the commenter. All communications
received before the specified closing
date for comments will be considered
before taking action on the proposed
rule. The proposal contained in this
notice may be changed in light of the
comments received. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
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16:57 Jan 29, 2010
Jkt 220001
Availability of NPRMs
An electronic copy of this document
may be downloaded from and
comments submitted through https://
www.regulations.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s web
page at https://www.faa.gov/
airports_airtraffic/air_traffic/
publications/airspace_amendments/.
Additionally, any person may obtain a
copy of this notice by submitting a
request to the Federal Aviation
Administration (FAA), Office of Air
Traffic Airspace Management, ATA–
400, 800 Independence Avenue, SW.,
Washington, DC 20591, or by calling
(202) 267–8783. Communications must
identify both docket numbers for this
notice. Persons interested in being
placed on a mailing list for future
NPRM’s should contact the FAA’s
Office of Rulemaking, (202) 267–9677,
to request a copy of Advisory Circular
No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is considering an
amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish
Class D and E airspace at Panama City,
FL. Class D airspace extending upward
from the surface to 2,500 feet MSL
within a 4.7-mile radius of the
Northwest Florida-Panama City
International Airport, and Class E
airspace extending from 700 feet above
the surface within a 7.2-mile radius of
the airport is necessary for the safety
and management of SIAPs at the new
Northwest Florida-Panama City
International Airport. There will be
separate rulemaking action removing
the existing airspace surrounding the
old Panama City-Bay County Airport
prior to closing the airport.
Designations for Class D and E
airspace areas are published in
Paragraph 5000 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 D
and E airspace designations listed in
this document would be published
subsequently in the Order.
The FAA has determined that this
proposed 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
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
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
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 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 proposed 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 proposed regulation is
within the scope of that authority as it
would establish Class D and E airspace
at Panama City, FL.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, 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 Part 71
will continue 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 7400.9T, Airspace
Designations and Reporting Points,
signed August 27, 2009, and effective
September 15, 2009, is amended as
follows:
Paragraph 5000
Class D Airspace.
*
*
*
*
*
ASO FL D Panama City, FL [New]
Northwest Florida-Panama City International
Airport, FL
(Lat. 30°21′28″ N., long. 85°47′56″ W.)
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Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Proposed Rules
That airspace extending upward from the
surface up to and including 2,500 feet MSL
within a 4.7-mile radius of the Northwest
Florida-Panama City International Airport.
This Class D airspace area 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 Extending
Upward From 700 Feet or More Above the
Surface of the Earth.
*
*
*
*
*
ASO FL E5 Panama City, FL [New]
Northwest Florida-Panama City International
Airport, FL
(Lat. 30°21′28″ N., long. 85°47′56″ W.)
That airspace extending upward from 700
feet above the surface of the Earth within a
7.2-mile radius of the Northwest FloridaPanama City International Airport.
*
*
*
*
*
Issued in College Park, Georgia, on January
21, 2010.
Michael Vermuth,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010–2005 Filed 1–29–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 57 and 75
RIN 1219–AB65
Proximity Detection Systems for
Underground Mines
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AGENCY: Mine Safety and Health
Administration, Labor.
ACTION: Request for information.
SUMMARY: The Mine Safety and Health
Administration (MSHA) is requesting
information regarding whether the use
of proximity detection systems would
reduce the risk of accidents where
mobile equipment pins, crushes, or
strikes miners in underground mines
and, if so, how. MSHA is also requesting
information to determine if the Agency
should consider regulatory action and, if
so, what type of regulatory action would
be appropriate.
DATES: Comments must be received by
midnight Eastern Standard Time on
April 2, 2010.
ADDRESSES: Comments must be
identified with ‘‘RIN 1219–AB65’’ and
may be sent to MSHA by any of the
following methods:
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
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16:57 Jan 29, 2010
Jkt 220001
on-line instructions for submitting
comments.
• Electronic mail: zzMSHAComments@dol.gov. Include ‘‘RIN 1219–
AB65’’ in the subject line of the message.
• Facsimile: 202–693–9441. Include
‘‘RIN 1219–AB65’’ in the subject line of
the message.
• Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939.
• Hand Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia. Sign in
at the receptionist’s desk on the 21st
floor.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, at silvey.patricia@dol.gov
(e-mail), 202–693–9440 (voice), or 202–
693–9441 (Facsimile).
SUPPLEMENTARY INFORMATION:
I. Availability of Information
MSHA will post all comments on the
Internet without change, including any
personal information provided. Access
comments electronically at https://
www.msha.gov under the ‘‘Rules and
Regs’’ link. Review comments in person
at the Office of Standards, Regulations,
and Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia. Sign in
at the receptionist’s desk on the 21st
floor.
MSHA maintains a list that enables
subscribers to receive e-mail notification
when the Agency publishes rulemaking
documents in the Federal Register. To
subscribe, go to https://www.msha.gov/
subscriptions/subscribe.aspx.
Information on MSHA-approved
proximity detection systems is available
on the Internet at https://www.msha.gov/
Accident_Prevention/NewTechnologies/
ProximityDectection/
ProximitydetectionSingleSource.asp.
II. Background
A. Review of Proximity Detection
Technology and Proximity Detection
Systems
Proximity detection is a technology
that uses electronic sensors to detect
motion or the location of one object
relative to another object. Although the
technology is not new, application of
this technology to mobile equipment in
underground mines is new.
MSHA conducted tests in
collaboration with proximity detection
manufacturers and mine operators at
mine sites from 2002 to 2006. The
National Institute for Occupational
Safety and Health (NIOSH) has
PO 00000
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Fmt 4702
Sfmt 4702
5009
conducted research on proximity
detection technologies independently at
various times since the mid 1990s to
present day. The technologies include
radio, ultrasonic, radar, infrared, and
electromagnetic field based systems.
After reviewing the different types of
systems, MSHA determined that the
electromagnetic field based system
offers the greatest potential for reducing
pinning, crushing, and striking hazards
to: (1) Remote control continuous
mining machine (RCCM) operators and
(2) other miners working near RCCMs.
An electromagnetic field based system
consists of a combination of
electromagnetic field generators and
field detecting devices. One example of
an electromagnetic field based system
uses electromagnetic field generators
that are installed on an RCCM and
electronic sensing devices that are worn
by persons operating the RCCM or
working near the RCCM. Another
electromagnetic field based system uses
field generators worn by the operator of
the RCCM and persons working near the
RCCM and the sensing devices are
installed on the RCCM. These
electromagnetic field based systems can
be programmed to provide warnings to
affected miners or stop the RCCM, or
both, when the RCCM operator or other
miners get within the predefined danger
zone of the RCCM.
In 1998, MSHA studied accidents
involving RCCMs and determined that a
proximity detection system has the
potential to prevent accidents that occur
when an RCCM operator or another
miner gets within the predefined danger
zone of the RCCM. In 2002, in response
to an increase in accidents involving
RCCMs, MSHA initiated a project in
cooperation with a proximity detection
system manufacturer and an
underground coal mine operator. The
Agency’s goal was to have the
manufacturer develop and test an
electromagnetic field based system on
an RCCM in an underground coal mine.
In 2004, MSHA assisted a second
manufacturer with the development of
an electromagnetic field based system.
The field tests of these two systems
focused on addressing hazards to the
RCCM operator, but the systems could
be adapted to address hazards to other
miners working near the RCCM.
MSHA approved both of these
systems in 2006 and a third system in
2009 under existing regulations in 30
CFR part 18. These approvals ensure
that the systems will not introduce an
ignition hazard when operated in
potentially explosive atmospheres. The
three approved systems are:
• The Frederick Mining Controls,
LLC, HazardAvertTM System,
E:\FR\FM\01FEP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Proposed Rules]
[Pages 5007-5009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2005]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2009-0710; Airspace Docket No. 09-ASO-16]
Establishment of Class D and E Airspace; Panama City, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to establish Class D and E airspace at
Panama City, FL, to accommodate new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) for the new Northwest Florida-Panama City International
Airport. This action would enhance the safety and management of
instrument Flight Rules (IFR) operations at the airport.
DATES: Comments must be received on or before March 18, 2010.
ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-
[[Page 5008]]
647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-
2009-0710; Airspace Docket No. 09-ASO-16, at the beginning of your
comments. You may also submit and review received comments through the
Internet at https://www.regulations.gov.
You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for 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 office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Airspace Specialist,
Operations Support Group, Eastern Service Center, Air Traffic
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; telephone (404) 305-5610.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to comment on this rule 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 and be submitted in triplicate to the address
listed above. Those wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2009-0710; Airspace Docket No. 09-ASO-
16.'' The postcard will be date/time stamped and returned to the
commenter. All communications received before the specified closing
date for comments will be considered before taking action on the
proposed rule. The proposal contained in this notice may be changed in
light of the comments received. A report summarizing each substantive
public contact with FAA personnel concerned with this rulemaking will
be filed in the docket.
Availability of NPRMs
An electronic copy of this document may be downloaded from and
comments submitted through https://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
web page at https://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/. Additionally, any person may obtain
a copy of this notice by submitting a request to the Federal Aviation
Administration (FAA), Office of Air Traffic Airspace Management, ATA-
400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling
(202) 267-8783. Communications must identify both docket numbers for
this notice. Persons interested in being placed on a mailing list for
future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-
9677, to request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.
The Proposal
The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class D and E airspace at
Panama City, FL. Class D airspace extending upward from the surface to
2,500 feet MSL within a 4.7-mile radius of the Northwest Florida-Panama
City International Airport, and Class E airspace extending from 700
feet above the surface within a 7.2-mile radius of the airport is
necessary for the safety and management of SIAPs at the new Northwest
Florida-Panama City International Airport. There will be separate
rulemaking action removing the existing airspace surrounding the old
Panama City-Bay County Airport prior to closing the airport.
Designations for Class D and E airspace areas are published in
Paragraph 5000 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 D and E airspace
designations listed in this document would be published subsequently in
the Order.
The FAA has determined that this proposed 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 is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that 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 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 proposed 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 proposed regulation is within the scope
of that authority as it would establish Class D and E airspace at
Panama City, FL.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, 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 Part 71 will continue 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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASO FL D Panama City, FL [New]
Northwest Florida-Panama City International Airport, FL
(Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)
[[Page 5009]]
That airspace extending upward from the surface up to and
including 2,500 feet MSL within a 4.7-mile radius of the Northwest
Florida-Panama City International Airport. This Class D airspace
area 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 Extending Upward From 700 Feet or
More Above the Surface of the Earth.
* * * * *
ASO FL E5 Panama City, FL [New]
Northwest Florida-Panama City International Airport, FL
(Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)
That airspace extending upward from 700 feet above the surface
of the Earth within a 7.2-mile radius of the Northwest Florida-
Panama City International Airport.
* * * * *
Issued in College Park, Georgia, on January 21, 2010.
Michael Vermuth,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-2005 Filed 1-29-10; 8:45 am]
BILLING CODE 4910-13-P
