Proposed Amendment of Class E Airspace; Orangeburg, SC, 12298-12300 [2011-5096]
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12298
Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules
liability by providing ‘clear and
convincing evidence’ that they would
have taken the same personnel action
* * *’’). By contrast, in cases where the
staff has stronger evidence that
protected activity was a contributing
factor, such as when a document or
employer’s statements confirm an
allegation of whistleblower
discrimination, it would be unlikely
that the employer could make its case
by clear and convincing evidence that it
would have taken the adverse action
regardless. Thus, the Commission in
TVA did not condone ‘‘some amount of
retaliation’’; rather, it established the
standards for determining the existence
of whistleblower discrimination if a
violation is challenged by an employer.
In deciding TVA, the Commission
looked to Section 211 for procedural
guidance in applying Section 50.7 and
generally adopted Section 211’s overall
framework. Id. at 194. The Commission,
however, is not required to follow
Section 211’s evidentiary standard. Id.
at 193–194.5 Section 211 establishes
DOL’s authority to take action in cases
involving whistleblower discrimination,
id. at 194, but the NRC’s authority to
regulate against employee
discrimination is derived from the
Atomic Energy Act of 1954. Therefore,
Section 211 should not be construed as
directing the NRC’s evidentiary
approach.
Further, contrary to the petitioner’s
assertion, the discrimination data from
1999–2009 do not appear to evidence
any meaningful trends because the data
fluctuates up and down during the years
prior to and following TVA (2004); in
some years since TVA, the number of
discrimination claims filed is higher
than in the years directly preceding
TVA and in others that number is lower.
Also, because the data does not
differentiate claims failing to meet the
threshold prima facie determination
from those that were withdrawn by the
alleger or came to the NRC as thirdparty claims,6 it is unknown whether
there is any change in the percentage of
discrimination allegations that were
dismissed or withdrawn because they
failed to meet the threshold for
investigation, as the petitioner asserts.
Calendar year
1999
TOTAL DISCRIMINATION CLAIMS ...........
Total Claims Resolved/8% of Total Claims
NRC Substantiated/% of Total Claims ........
NRC Not Substantiated/% of Total Claims
Settlements/9% of Total Claims ..................
Claims Still Open/% of Total Claims ...........
Claims Not Warranting NRC Review/10% of
Total Claims .............................................
*The
2000
2001
2002
2003
2004 7
2005
2006
2007
2008
2009
139
91/65.5
6/4.3
83/59.7
2/1.4
0/0
144
91/63.2
6/4.2
84/58.3
1/0.7
0/0
108
75/69.4
8/7.4
66/61.1
1/0.9
0/0
97
55/56.7
0/0
55/56.7
0/0
1/1.0
96
70/72.9
4/4.2
64/66.7
0/0
2/2.1
97
75/77.3
3/3.1
66/68.0
6/6.2
1/1.0
118
73/61.9
1/0.9
63/53.4
9/7.6
3/2.5
88
37/42.0
2/2.3
23/26.1
9/10.2
1/1.1
84
52/61.9
0/0
42/50.0
10/11.9
2/2.3
94
34/36.2
1/1.1
16/17.0
17/18.1
13/13.8
116
10/8.6
0/0
7/6.0
3/2.6
58/50.0
48/34.5
53/36.8
33/30.6
41/42.3
24/25.0
21/21.6
42/35.6
50/56.2
30/35.7
47/50.0
48/41.3
data contained in this table was obtained from the Allegation Management System.
Finally, the TVA decision has had no
effect on the way the NRC staff
approaches or evaluates whistleblower
discrimination claims. That is, the NRC
staff continues to issue notices of
violations of the Employee Protection
Rule to licensees, applicants, and
contractors or subcontractors of
licensees and applicants based on its
assessment as to whether the evidence
shows that protected activity was a
contributing factor in the adverse action,
while also taking into consideration
credible evidence that the employer
would have taken the same personnel
action regardless of the protected
activity.
prepare a notice of receipt and request
for comment, and instead began
consideration of the request.
Accordingly, there are no public
comments on this petition.
DEPARTMENT OF TRANSPORTATION
Determination of Petition
[Docket No. FAA–2010–1325; Airspace
Docket No. 10–ASO–40]
For reasons cited above, the NRC is
denying PRM–50–92.
Dated at Rockville, Maryland, this 28th day
of February 2011.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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Proposed Amendment of Class E
Airspace; Orangeburg, SC
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
[FR Doc. 2011–5053 Filed 3–4–11; 8:45 am]
SUMMARY:
Due to this PRM’s primary focus on
the continued viability of a Commission
adjudicatory decision, it was deemed a
legal matter and thus, the NRC did not
5 ‘‘It is true that our whistleblower regulation,
section 50.7, does not adopt the Section 211
evidentiary paradigm as such, but neither does it
adopt the McDonnell Douglas or Price Waterhouse
paradigms. Our regulation is prohibitory, not
procedural. It renders discriminatory conduct
unlawful, but does not purport to prescribe
evidentiary standards and approaches for use in
NRC enforcement litigation.’’
6 Third party claims are those discrimination
claims that come to the NRC from an individual
other than the employee who was allegedly
discriminated against.
7 2004 represents both: (1) The year when the
Commission decided TVA and (2) the year that the
14 CFR Part 71
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
BILLING CODE 7590–01–P
Public Comments on the Petition
Federal Aviation Administration
interim program regarding the voluntary use of
Alternative Dispute Resolution (ADR) in addressing
discrimination complaints and other allegations of
wrongdoing was adopted in the NRC’s Enforcement
Policy.
8 Refers to the number of discrimination claims
for which either: (1) The NRC’s Office of
Investigations (OI) reached a conclusion and (2)
those that did not involve an OI investigation and
were settled via early-ADR (or licensee-sponsored
internal mediation) or in the DOL.
9 These numbers represent the number of cases
settled either through early-ADR or in the DOL.
However, the table does not reflect cases that
involved DOL settlements between 1/1999 and 9/
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Fmt 4702
Sfmt 4702
AGENCY:
This action proposes to
amend Class E Airspace at Orangeburg,
SC, to accommodate the additional
airspace needed for the Standard
Instrument Approach Procedures
(SIAPs) developed for Orangeburg
Municipal Airport. This action shall
2004 that also involved an OI case. For information
only, those numbers are: 1999—10; 2000—7; 2001—
7; 2002—3; 2003—9; and 2004—3.
10 These numbers represent the number of claims
that did not meet the threshold prima facie
determination, were withdrawn by the alleger, or
came to the NRC as third-party claims. These
numbers do not take into account that some of the
open claims might eventually be found to not meet
the prima facie determination or could be
withdrawn by the alleger.
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Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
enhance the safety and airspace
management of Instrument Flight Rules
(IFR) operations at the airport. This
action also shall make a minor
adjustment to the geographic
coordinates of the airport.
DATES: 0901 UTC. Comments must be
received on or before April 21, 2011.
ADDRESSES: Send comments on this rule
to: U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey, SE., Washington, DC
20590–0001; Telephone: 1–800–647–
5527; Fax: 202–493–2251. You must
identify the Docket Number FAA–
2010–1325; Airspace Docket No. 10–
ASO–40, at the beginning of your
comments. You may also submit and
review received comments through the
Internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
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 (FAA Docket No. FAA–
2010–1325; Airspace Docket No. 10–
ASO–40) and be submitted in triplicate
to the Docket Management System (see
ADDRESSES section for address and
phone number). You may also submit
comments through the Internet at https://
www.regulations.gov.
Comments wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2010–1325; Airspace
Docket No. 10–ASO–40.’’ 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
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13:53 Mar 04, 2011
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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/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see the
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.
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 amend
Class E airspace at Orangeburg, SC to
provide controlled airspace required to
support the SIAPs for Orangeburg
Municipal Airport. The existing Class E
airspace extending upward from 700
feet above the surface would be
modified for the safety and management
of IFR operations.
Class E airspace designations are
published in Paragraph 6005 of FAA
order 7400.9U, dated August 18, 2010,
and effective September 15, 2010, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will 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 00005
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 amend Class E airspace at
Orangeburg Municipal Airport,
Orangeburg, SC.
Lists 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 CLASS 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 Federal Aviation
Administration Order 7400.9U,
Airspace Designations and Reporting
Points, dated August 18, 2010, effective
September 15, 2010, is amended as
follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ASO GA E5 Orangeburg, SC [Amended]
Orangeburg Municipal Airport, SC
(Lat. 33°27′39″ N., long. 80°51′32″W.)
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Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules
That airspace extending upward from 700
feet above the surface within a 7.4-mile
radius of the Orangeburg Municipal Airport.
Issued in College Park, Georgia, on
February 18, 2011.
Mark D. Ward,
Group Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011–5096 Filed 3–4–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
[Docket No. FAA–2010–0997; Notice No. 10–
14]
RIN 2120–AJ38
Safety Management System for
Certificated Airports; Extension of
Comment Period
Federal Aviation
Administration (FAA), DOT.
ACTION: Second extension of comment
period and notice of procedures for
submission of clarifying questions.
AGENCY:
The FAA published a
proposed rule on October 7, 2010, to
require each certificate holder to
establish a safety management system
(SMS) for its entire airfield environment
(including movement and nonmovement areas) to improve safety at
airports hosting air carrier operations.
The American Association of Airport
Executives and Airports Council
International—North America have
requested that the FAA provide
additional information supporting the
proposed rule and extend the comment
period to allow adequate time for the
public to analyze and comment on that
information and the NPRM. This action
extends the comment period until July
5, 2011, and establishes a procedure for
handling clarifying questions to the
proposed rule.
DATES: The comment period for the
NPRM published on October 7, 2010,
closing on March 7, 2011 is extended
until July 5, 2011. You must submit
your clarifying questions in writing
using the procedures outlined in this
notice by April 6, 2011. The FAA
anticipates responding to these
submissions and providing a summary
report of the pilot studies by May 21,
2011.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
SUMMARY:
See the ‘‘Procedures for
Filing Clarifying Questions’’ section of
this document.
ADDRESSES:
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13:53 Mar 04, 2011
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FOR FURTHER INFORMATION CONTACT:
Technical clarifications: Keri Spencer,
Office of Airports Safety and Standards,
Federal Aviation Administration, e-mail
keri.spencer@faa.gov
Legal clarifications: Robert Hawks,
Office of the Chief Counsel, Federal
Aviation Administration, e-mail
rob.hawks@faa.gov.
Cost/benefit clarifications: Nicole
Nance, Office of Aviation Policy and
Plans, Federal Aviation Administration,
e-mail nicole.nance@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2010, the FAA
published Notice No. 10–14, entitled
‘‘Safety Management System for
Certificated Airports’’ (75 FR 62008).
Comments to that document were to be
received on or before January 5, 2011.
On December 10, 2010, in response to
several requests for extension of the
comment period, the FAA granted an
additional 60 days for commenters to
analyze the NPRM and provide
meaningful comment (75 FR 76928).
By comments posted to the docket on
February 17, 2011, Airport Council
International—North America (ACI–NA)
and the American Association of
Airport Executives (AAAE) requested
the FAA extend the comment period for
a second time. ACI–NA and AAAE also
requested the FAA provide additional
information to allow for meaningful
comment on the proposed rule.
Specifically, ACI–NA made the
following requests:
(1) Additional information is needed
regarding the FAA’s proposed SMS
implementation strategy, most notably
what will be expected in the required
SMS Implementation Plans.
(2) Data, findings, and conclusion—
both positive and negative—from the
three SMS pilot studies need to be made
available in the docket so these findings
and conclusions can inform the
industry’s review of the costs, benefits,
and potential issues arising from the
implementation of the proposed rule.
(3) The proposed rule needs to be
reviewed in conjunction with key
guidance documents, especially the
revised version of FAA Advisory
Circular 150/5200–37. These
documents, which are mentioned
explicitly in the FAA’s discussion of the
proposed rule will describe the standard
means of compliance with the proposed
rule and are needed to understand the
scope and scale of airport SMS
requirements.
(4) Additional time will be needed for
technical analysis by commenters,
including analyses of the costs and
benefits of phased SMS implementation,
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
an implementation approach on which
the FAA has specifically requested
comments.
AAAE made the following requests:
(1) We request that the FAA make
results and recommendations from all
three phases of the pilot studies
available before closing the comment
period.
(2) The FAA is under a statutory
deadline to implement the part 121 SMS
rule and has proposed a short time
schedule for issuing its part 139 training
requirements. We request that the
comment period remain open until the
other regulatory documents have been
issued in their final form.
(3) The agency also has committed to
issuing an advisory circular on
implementation of SMS requirements.
We request that the agency leave the
comment period open on the proposed
SMS rule until at least a draft of the
advisory circular is issued. That way,
respondents can comment on both
documents simultaneously.
AAAE suggests the comment period
remain open until at least September 30,
2011.
FAA Response to the Requests
The FAA has carefully considered the
requests for extension of the comment
period. The FAA believes that the
narrative and analysis in the NPRM and
Initial Regulatory Evaluation, which
was made available in the docket
concurrently with NPRM publication,
contain sufficient detail and supporting
data to permit meaningful comment by
the public. The FAA also notes that it
has received thoughtful comments from
several airports, indicating that
sufficient information currently exists in
the docket to permit meaningful
comment. However, the FAA
acknowledges there is a belief among
some members of the public that
additional information may result in
better comments. From the request
submitted, it appears the bulk of this
concern involves the FAA’s
implementation strategy for SMS and
the results of the pilot study.
To address this concern about
insufficient information, the FAA has
determined to pursue a combination of
strategies. First, the FAA will accept
and respond to specific clarifying
questions submitted by the public. This
strategy will allow the public to identify
specific areas of the NPRM or Initial
Regulatory Evaluation that are unclear
or for which more information may be
desired. The intent is that the public
would be able to obtain specific
information from the FAA, provided
that information exists. The specific
procedure is discussed in the
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Agencies
[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Proposed Rules]
[Pages 12298-12300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5096]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2010-1325; Airspace Docket No. 10-ASO-40]
Proposed Amendment of Class E Airspace; Orangeburg, SC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to amend Class E Airspace at Orangeburg,
SC, to accommodate the additional airspace needed for the Standard
Instrument Approach Procedures (SIAPs) developed for Orangeburg
Municipal Airport. This action shall
[[Page 12299]]
enhance the safety and airspace management of Instrument Flight Rules
(IFR) operations at the airport. This action also shall make a minor
adjustment to the geographic coordinates of the airport.
DATES: 0901 UTC. Comments must be received on or before April 21, 2011.
ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number
FAA- 2010-1325; Airspace Docket No. 10-ASO-40, at the beginning of your
comments. You may also submit and review received comments through the
Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
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 (FAA Docket No.
FAA-2010-1325; Airspace Docket No. 10-ASO-40) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at https://www.regulations.gov.
Comments wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2010-1325; Airspace Docket No. 10-ASO-40.'' 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/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the 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.
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 amend Class E airspace at Orangeburg,
SC to provide controlled airspace required to support the SIAPs for
Orangeburg Municipal Airport. The existing Class E airspace extending
upward from 700 feet above the surface would be modified for the safety
and management of IFR operations.
Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9U, dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will 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 amend Class E airspace at Orangeburg
Municipal Airport, Orangeburg, SC.
Lists 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 CLASS 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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, effective September 15, 2010,
is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASO GA E5 Orangeburg, SC [Amended]
Orangeburg Municipal Airport, SC
(Lat. 33[deg]27'39'' N., long. 80[deg]51'32''W.)
[[Page 12300]]
That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of the Orangeburg Municipal Airport.
Issued in College Park, Georgia, on February 18, 2011.
Mark D. Ward,
Group Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2011-5096 Filed 3-4-11; 8:45 am]
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