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Federal Register / Vol. 70, No.

194 / Friday, October 7, 2005 / Rules and Regulations 58607

from those previously issued. Because a DEPARTMENT OF TRANSPORTATION Issued in Kansas City, MO, on September
delay would significantly affect the 16, 2005.
certification of the airplane, which is Federal Aviation Administration Anthony D. Roetzel,
imminent, the FAA has determined that Acting Area Director, Western Flight Services
prior public notice and comment are 13 CFR Part 71 Operations.
unnecessary and impracticable, and [FR Doc. 05–20179 Filed 10–6–05; 8:45 am]
good cause exists for adopting these [Docket No. FAA–2005–21703; Airspace BILLING CODE 4910–13–M

special conditions upon issuance. The Docket No. 05–ACE–19]


FAA is requesting comments to allow
Modification of Class D and Class E DEPARTMENT OF TRANSPORTATION
interested persons to submit views that
Airspace; Topeka, Forbes Field, KS
may not have been submitted in Federal Aviation Administration
response to the prior opportunities for AGENCY: Federal Aviation
comment described above. Administration (FAA), DOT. 14 CFR Part 73
List of Subjects in 14 CFR Part 25 ACTION: Direct final rule; request for [Docket No. FAA–2005–22600; Airspace
comments; correction. Docket No. 05–AWP–11]
Aircraft, Aviation safety, Reporting
SUMMARY: This action corrects an error RIN 2120–AA66
and recordkeeping requirements.
in the legal description of Class D
The authority citation for these airspace in a direct final rule, request for Change of Controlling Agency for
special conditions is as follows: comments that was published in the Restricted Areas; HI
Authority: 49 U.S.C. 106(g), 40113, 44701, Federal Register on Tuesday, July 12, AGENCY: Federal Aviation
44702, 44704. 2005 (70 FR 39914). Administration (FAA), DOT.
DATES: This direct final rule is effective ACTION: Final rule.
The Special Conditions on 0901 UTC, October 27, 2005.
SUMMARY: This action changes the
Accordingly, pursuant to the FOR FURTHER INFORMATION CONTACT:
controlling agency of Restricted Areas
authority delegated to me by the Brenda Mumper, Air Traffic Division, R–3101 PMRFAC Four, R–3103
Administrator, the following special Airspace Branch, ACE–520A, DOT Humuula, R–3107 Kaula Rock, R–
conditions are issued as part of the Regional Headquarters Building, Federal 3109A, B & C Schofield-Makua, Oahu,
supplemental type certification basis for Aviation Administration, 901 Locust, and R–3110A, B & C Schofield-Makua,
the Raytheon Model HS.125 Series 600A Kansas City, MO 64106; telephone: Oahu, HI. The FAA is taking this action
airplane, S/N 256066, modified by LJSC (816) 329–2524. to reflect an administrative change of
Ltd. SUPPLEMENTARY INFORMATION: controlling agencies for the restricted
1. Protection from Unwanted Effects History areas. There are no changes to the
of HIRF. Each electrical and electronic boundaries; designated altitudes; time of
Federal Register Document 2005– designation; or activities conducted
system that performs critical functions 21703 published on Tuesday, July 12, within the affected restricted areas.
must be designed and installed to 2005 (70 FR 39914), modified Class D EFFECTIVE DATE: 0901 UTC, December
ensure that the operation and and Class E Airspace at Topeka, Forbes 22, 2005.
operational capability of these systems Field, KS. The phrase ‘‘This Class D FOR FURTHER INFORMATION CONTACT: Ken
to perform critical functions are not airspace area is effective during the McElroy, Airspace and Rules, Office of
adversely affected when the airplane is specific dates and times established in System Operations Airspace and AIM,
exposed to high-intensity radiated advance by a Notice to Airmen. The Federal Aviation Administration, 800
fields. effective date and time will thereafter be Independence Avenue, SW.,
2. For the purpose of these special continuously published in the Airport/ Washington, DC 20591; telephone: (202)
conditions, the following definition Facility Directory.’’ was incorrectly 267–8783.
applies: Critical Functions: Functions deleted from the legal description of SUPPLEMENTARY INFORMATION:
whose failure would contribute to or Class D airspace. This action corrects
that error. The Rule
cause a failure condition that would
prevent the continued safe flight and ■ Accordingly, pursuant to the authority This action amends Title 14 Code of
landing of the airplane. delegated to me, the error in the legal Federal Regulations (14 CFR) part 73 by
description of Class D Airspace, Topeka, changing the name of the controlling
Issued in Renton, Washington, on agency for R–3101 PMRFAC Four, R–
Forbes Field, KS as published in the
September 29, 2005. 3103 Humuula, R–3107 Kaula Rock, R–
Federal Register Tuesday July 12, 2005
Ali Bahrami, (70 FR 39914), (FR Doc. 2005–21703), is 3109A, B & C Schofield-Makua, Oahu,
Manager, Transport Airplane Directorate, corrected as follows: R–3110A, B & C Schofield-Makua,
Aircraft Certification Service. Oahu, HI, from ‘‘FAA, Honolulu CERAP
[FR Doc. 05–20175 Filed 10–6–05; 8:45 am] § 71.1 [Corrected] or FAA, Honolulu ATCT’’ to ‘‘FAA,
BILLING CODE 4910–13–P On page 39915, Column 2, at the end Honolulu Control Facility.’’ The FAA is
of the legal description of ACE KS D taking this action to reflect an
Topeka, Forbes Field, KS, add the administrative change of controlling
phrase ‘‘This Class D airspace area is agencies for the restricted areas. There
effective during the specific dates and are no changes to the boundaries;
times established in advance by the designated altitudes; time of
Notice to Airmen. The effective date and designation; or activities conducted
time will thereafter be continuously within the affected restricted areas.
published in the Airport/Facility Therefore, notice and public procedures
Directory.’’ under 5 U.S.C. 553(b) are unnecessary.

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58608 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations

The FAA has determined that this R–3103 Humuula, HI [Amended] DEPARTMENT OF HOMELAND
regulation only involves an established By removing the words ‘‘Controlling SECURITY
body of technical regulations for which agency. FAA, Honolulu CERAP.’’ and
frequent and routine amendments are inserting the words ‘‘Controlling agency. Coast Guard
necessary to keep them operationally FAA, Honolulu Control Facility.’’
current. Therefore, this regulation: (1) is 33 CFR Part 165
* * * * *
not a ‘‘significant regulatory action’’ [CGD13–05–037]
under Executive Order 12866; (2) is not R–3107 Kaula Rock, HI [Amended]
a ‘‘significant rule’’ under Department of By removing the words ‘‘Controlling RIN 1625–AA00
Transportation (DOT) Regulatory agency. FAA, Honolulu CERAP.’’ and
Policies and Procedures (44 FR 11034; Safety Zone Regulations, Downed
inserting the words ‘‘Controlling agency. Aircraft, Browns Bay, WA
February 26, 1979); and (3) does not FAA, Honolulu Control Facility.’’
warrant preparation of a regulatory AGENCY: Coast Guard, DHS.
* * * * *
evaluation as the anticipated impact is
so minimal. Since this is a routine R–3109A Schofield-Makua, Oahu, HI ACTION: Temporary final rule.
matter that will only affect air traffic [Amended] SUMMARY: The Coast Guard is
procedures and air navigation, it is By removing the words ‘‘Controlling establishing a temporary safety zone on
certified that this rule, when agency. FAA, Honolulu ATCT.’’ and the waters of Puget Sound around the
promulgated, will not have a significant inserting the words ‘‘Controlling agency. body and debris of a helicopter. The
economic impact on a substantial FAA, Honolulu Control Facility.’’ Coast Guard is establishing this zone to
number of small entities under the ensure unencumbered access for
* * * * *
criteria of the Regulatory Flexibility Act. rescuers and investigators, and protect
R–3109B Schofield-Makua, Oahu, HI the public from numerous dangers
Environmental Review [Amended] associated with recovery of this
The FAA has determined that this By removing the words ‘‘Controlling submerged aircraft. Entry into this zone
action qualifies for categorical exclusion agency. FAA, Honolulu ATCT.’’ and is prohibited unless authorized by the
under the National Environmental inserting the words ‘‘Controlling agency. Captain of the Port, Puget Sound or his
Policy Act in accordance with FAA FAA, Honolulu Control Facility.’’ designated representatives.
Order 1050.1E, ‘‘Environmental * * * * * DATES: This rule is effective from 4 p.m.
Impacts: Policies and Procedures.’’ This (PDT) October 3, 2005 until 8 a.m. (PDT)
airspace action is not expected to cause R–3109C Schofield-Makua, Oahu, HI
October 17, 2005 unless sooner
any potentially significant [Amended]
cancelled by the Captain of the Port.
environmental impacts, and no By removing the words ‘‘Controlling ADDRESSES: Documents indicated in this
extraordinary circumstances exist that agency. FAA, Honolulu ATCT.’’ and preamble as being available in the
warrant preparation of an inserting the words ‘‘Controlling agency. docket are part of docket CGD13–05–
environmental assessment. FAA, Honolulu Control Facility.’’ 037 and are available for inspection or
List of Subjects in 14 CFR Part 73 * * * * * copying at the Waterways Management
R–3110A Schofield-Makua, Oahu, HI Division, Coast Guard Sector Seattle,
Airspace, Prohibited areas, Restricted 1519 Alaskan Way South, Seattle, WA,
[Amended]
areas. 98134, between 8 a.m. and 4 p.m.,
By removing the words ‘‘Controlling Monday through Friday, except Federal
Adoption of the Amendment agency. FAA, Honolulu ATCT.’’ and holidays.
inserting the words ‘‘Controlling agency.
■ In consideration of the foregoing, the FOR FURTHER INFORMATION CONTACT:
FAA, Honolulu Control Facility.’’
Federal Aviation Administration LTJG Jes Hagen, c/o Captain of the Port
* * * * * Puget Sound, 1519 Alaskan Way South,
amends 14 CFR part 73, as follows:
R–3110B Schofield-Makua, Oahu, HI Seattle, Washington 98134, (206) 217–
PART 73—SPECIAL USE AIRSPACE [Amended] 6040.
By removing the words ‘‘Controlling SUPPLEMENTARY INFORMATION:
■ 1. The authority citation for part 73
continues to read as follows: agency. FAA, Honolulu ATCT.’’ and Regulatory Information
inserting the words ‘‘Controlling agency.
Authority: 49 U.S.C. 106(g), 40103, 40113, FAA, Honolulu Control Facility.’’ We did not publish a notice of
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proposed rulemaking (NPRM) for this
* * * * *
1963 Comp., p. 389. regulation. Under 5 U.S.C. 553(b)(B) and
R–3110C Schofield-Makua, Oahu, HI 5 U.S.C. 553(d)(3), the Coast Guard finds
§ 73.23 [Amended] [Amended] that good cause exists for not publishing
■ 2. Section 73.23 is amended as By removing the words ‘‘Controlling an NPRM and for making this rule
follows: agency. FAA, Honolulu ATCT.’’ and effective less than 30 days after
inserting the words ‘‘Controlling agency. publication in the Federal Register.
* * * * *
FAA, Honolulu Control Facility.’’ Publishing a NPRM would be contrary
R–3101 PMRFAC Four, HI * * * * * to public interest since immediate
[Amended] action is necessary to ensure the safety
Issued in Washington, DC, on October 3, of vessels and persons that transit in the
By removing the words ‘‘Controlling 2005. vicinity of the submerged helicopter in
agency. FAA, Honolulu CERAP.’’ and Edith V Parish, Browns Bay, WA. If normal notice and
inserting the words ‘‘Controlling agency. Acting Manager, Airspace and Rules. comment procedures were followed,
FAA, Honolulu Control Facility.’’ [FR Doc. 05–20279 Filed 10–6–05; 8:45 am] this rule would not become effective
* * * * * BILLING CODE 4910–13–P until after the date of the event.

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