Amendment of Class D and E Airspace, and Establishment of Class E Airspace; Oceana NAS, VA, 46497-46498 [2013-18398]
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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0038; Airspace
Docket No. 13–AEA–2]
Amendment of Class D and E
Airspace, and Establishment of Class
E Airspace; Oceana NAS, VA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the Class
D and Class E airspace operating hours,
and establishes Class E surface airspace
at Oceana Naval Air Station, (NAS), VA,
due to the Air Traffic Control Tower at
Oceana NAS (Apollo Soucek Field) now
operating on a part time basis. This
action enhances the safety and airspace
management of Instrument Flight Rules
(IFR) operations at the airport. This
action also updates the geographic
coordinates of Oceana NAS (Apollo
Soucek Field) and NALF Fentress.
DATES: Effective 0901 UTC, October 17,
2013. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
SUMMARY:
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK4VPTVN1PROD with RULES
History
On April 9, 2013, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to amend
Class D and Class E airspace, and
establish Class E airspace at Oceana
Naval Air Station, (NAS), VA, (78 FR
21084). Interested parties were invited
to participate in this rulemaking effort
by submitting written comments on the
proposal to the FAA. No comments
were received. Subsequent to
publication the FAA found that the
geographic coordinates of the NALF
Fentress were transposed. This action
makes the correction.
Class E airspace designations are
published in paragraphs 5000, 6002,
and 6004, respectively of FAA Order
7400.9W dated August 8, 2012, and
effective September 15, 2012, which is
incorporated by reference in 14 CFR
Part 71.1. The Class D and Class E
VerDate Mar<15>2010
16:08 Jul 31, 2013
Jkt 229001
airspace designations listed in this
document will be published
subsequently in the Order.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
amends the hours of operation for Class
D airspace and Class E airspace
designated as an extension to Class D
surface airspace at Oceana NAS (Apollo
Soucek Field), VA, as the air traffic
control tower is transitioning from a full
time facility to part time, and requires
a Notice to Airmen notification. This
action also establishes Class E airspace
extending upward from the surface at
Oceana NAS (Apollo Soucek Field), VA.
The geographic coordinates of Oceana
NAS (Apollo Soucek Field) and NALF
Fentress are adjusted to coincide with
the FAAs aeronautical database.
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, is non-controversial and
unlikely to result in adverse or negative
comments. 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 only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does 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 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 amends and
establishes controlled airspace at
Oceana NAS (Apollo Soucek Field),
Oceana, VA.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46497
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
Lists 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 Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, effective
September 15, 2012, is amended as
follows:
■
Paragraph 5000
Class D Airspace
*
*
*
*
*
AEA VA D Oceana NAS, VA [Amended]
Oceana NAS (Apollo Soucek Field), VA
(Lat. 36°49′22″ N., long. 76°01′55″ W.)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within a 4.3-mile radius of Oceana NAS
(Apollo Soucek Field). 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 6002 Class E Airspace
Designated as Surface Areas
*
*
*
*
*
AEA VA E2 Oceana NAS, VA [New]
Oceana NAS (Apollo Soucek Field), VA
(Lat. 36°49′22″ N., long. 76°01′55″ W.)
Navy Oceana TACAN
(Lat. 36°49′27″ N., long. 76°02′13″ W)
NALF Fentress, VA
(Lat. 36°41′31″ N., long. 76°08′04″ W.)
That airspace extending upward from the
surface within a 4.3-mile radius of Oceana
NAS (Apollo Soucek Field), and within 1.8
miles each side of the Navy Oceana TACAN
213° radial extending from the 4.3-mile
E:\FR\FM\01AUR1.SGM
01AUR1
46498
Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
radius of Oceana NAS (Apollo Soucek Field)
to 9.3 miles southwest of the TACAN and
within a 2.7-mile radius of NALF Fentress.
This Class E 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 6004 Class E Airspace
Designated as an Extension to a Class D
Surface Area.
*
*
*
*
*
AEA VA E4 Oceana NAS, VA [Amended]
Oceana NAS (Apollo Soucek Field)
(Lat. 36°49′22″ N., long. 76°01′55″ W.)
Navy Oceana TACAN
(Lat. 36°49′27″ N., long. 76°02′13″ W.)
NALF Fentress, VA
(Lat. 36°41′31″ N., long. 76°08′04″ W.)
That airspace extending upward from the
surface within 1.8 miles each side of the
Navy Oceana TACAN 213° radial extending
from the 4.3-mile radius of Oceana NAS
(Apollo Soucek Field) to 9.3 miles southwest
of the TACAN and within a 2.7-mile radius
of NALF Fentress. This Class E 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.
Issued in College Park, Georgia, on July 24,
2013.
Jackson D. Allen,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013–18398 Filed 7–31–13; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 200
[Release No. 34–70049]
Delegation of Authority to Director of
the Division of Enforcement
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is
amending its rules to delegate to the
Director of the Division of Enforcement
the authority to appoint distribution
fund administrators in enforcement
administrative proceedings from a
Commission-approved pool of
administrators, and to set the amount of,
or waive for good cause shown, the
administrator’s bond required by Rule
1105(c) of the Commission’s rules on
Fair Fund and Disgorgement Plans.
DATES: Effective Date: August 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Nancy Chase Burton, 202–551–4425,
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:08 Jul 31, 2013
Jkt 229001
Office of Distributions, Division of
Enforcement, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–6553.
SUPPLEMENTARY INFORMATION: In
administrative proceedings instituted by
the Commission to enforce the federal
securities laws, the Commission, in the
exercise of its discretion, seeks to
distribute amounts collected as
disgorgement, prejudgment interest, and
penalties to investor victims. The
federal securities laws authorize the
Commission in administrative
proceedings to establish disgorgement
and other funds to accomplish this goal.
See, e.g., Section 308(a) of the SarbanesOxley Act of 2002, 15 U.S.C. 7261;
Sections 21B(e) and 21C(e) of the
Securities Exchange Act (‘‘Exchange
Act’’), 15 U.S.C. 78u–2(e) and 78u–3(e).
According to the Commission’s
regulations, the ‘‘Commission or [a]
hearing officer shall have discretion to
appoint any person, including a
Commission employee, as administrator
of a plan of disgorgement or a Fair Fund
plan and to delegate to that person
responsibility for administering the
plan.’’ Rule 1105(a), 17 CFR
201.1105(a). To improve the efficiency
of the Commission’s distribution
processes, and to centralize certain
distribution-related functions within the
Division of Enforcement, the
Commission is formally delegating to
the Director of the Division of
Enforcement the authority to appoint
certain persons as plan administrators if
the person to be appointed is included
in the Commission’s approved pool of
qualified administrators.1 The
1 On July 15, 2013, the Commission approved a
pool of nine firms from which future fund
administrators will be appointed to administer the
distribution of disgorgement or fair funds. Each
administrator in the pool will be evaluated annually
by the Office of Distributions and, if performance
is deemed in compliance with the requirements for
selection, will be continued in the pool for another
year, up to a total of five years, at which time a
selection process for a new pool will take place.
Beginning six months after approval of the
delegation and every six months thereafter, the
Office of Distributions must provide the
Commission with a memorandum discussing the
implementation of the delegation and issues
relevant to the Commission’s evaluation of the
distribution processes. In particular, each
memorandum must include (i) a list of all
distributions assigned to pool participants at that
time; (ii) the stage of each such distribution; and
(iii) the Office of Distributions’ evaluation of each
administrator responsible for the distributions. Each
memorandum must also discuss, as data becomes
available, the following: (i) whether the delegation
has resulted in lower cost of distributions; (ii)
whether the delegation has resulted in a greater
percentage of funds from the distribution funds
being returned to harmed investors; and (iii)
whether the delegation has resulted in more timely
and efficient distributions. The Office of
Distributions must follow these procedures in
connection with the delegation authority.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Commission is also delegating to the
Director, when the Director appoints an
administrator pursuant to this
delegation, the authority to set the
amount of, or waive for good cause
shown, the administrator’s bond
required by Rule 1105(c), 17 CFR
201.1105(c), of the Commission’s rules
on Fair Fund and Disgorgement Plans.
If the Division Director deems it
appropriate, a recommendation to
appoint an administrator from the
qualified pool or to set the amount of,
or waive for good cause shown, any
administrator’s bond may be submitted
to the Commission for review.
Administrative Law Matters:
The Commission finds, in accordance
with the Administrative Procedure Act
(‘‘APA’’) 5 U.S.C. 553(b)(3)(A), that this
amendment relates solely to agency
organization, procedure, or practice, and
does not relate to a substantive rule.
Accordingly, the provisions of the APA
regarding notice of rulemaking,
opportunity for public comment, and
publication of the amendment prior to
its effective date are not applicable. For
the same reason, and because this
amendment does not substantively
affect the rights or obligations of nonagency parties, the provisions of the
Small Business Regulatory Enforcement
Fairness Act, 5 U.S.C. 804(3)(C), are not
applicable. Additionally, the provisions
of the Regulatory Flexibility Act, which
apply only when notice and comment
are required by the APA or other law,
5 U.S.C. 603, are not applicable.
Further, because this amendment
imposes no new burdens on private
persons, the Commission does not
believe that the amendment will have
any anti-competitive effects for
purposes of Section 23(a)(2) of the
Exchange Act, 15 U.S.C. 78w(a)(2).
Finally, this amendment does not
contain any collection of information
requirements as defined by the
Paperwork Reduction Act of 1980, as
amended. Accordingly, the amendment
is effective [insert date of Federal
Register publication].
List of Subjects in 17 CFR Part 200
Administrative practice and
procedure, Authority delegations
(Government agencies).
Text of Amendment
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46497-46498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18398]
[[Page 46497]]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0038; Airspace Docket No. 13-AEA-2]
Amendment of Class D and E Airspace, and Establishment of Class E
Airspace; Oceana NAS, VA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the Class D and Class E airspace operating
hours, and establishes Class E surface airspace at Oceana Naval Air
Station, (NAS), VA, due to the Air Traffic Control Tower at Oceana NAS
(Apollo Soucek Field) now operating on a part time basis. This action
enhances the safety and airspace management of Instrument Flight Rules
(IFR) operations at the airport. This action also updates the
geographic coordinates of Oceana NAS (Apollo Soucek Field) and NALF
Fentress.
DATES: Effective 0901 UTC, October 17, 2013. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
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:
History
On April 9, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class D and Class E
airspace, and establish Class E airspace at Oceana Naval Air Station,
(NAS), VA, (78 FR 21084). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Subsequent to
publication the FAA found that the geographic coordinates of the NALF
Fentress were transposed. This action makes the correction.
Class E airspace designations are published in paragraphs 5000,
6002, and 6004, respectively of FAA Order 7400.9W dated August 8, 2012,
and effective September 15, 2012, which is incorporated by reference in
14 CFR Part 71.1. The Class D and Class E airspace designations listed
in this document will be published subsequently in the Order.
The Rule
This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends the hours of operation for Class D airspace and Class E
airspace designated as an extension to Class D surface airspace at
Oceana NAS (Apollo Soucek Field), VA, as the air traffic control tower
is transitioning from a full time facility to part time, and requires a
Notice to Airmen notification. This action also establishes Class E
airspace extending upward from the surface at Oceana NAS (Apollo Soucek
Field), VA. The geographic coordinates of Oceana NAS (Apollo Soucek
Field) and NALF Fentress are adjusted to coincide with the FAAs
aeronautical database.
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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does 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
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 amends and establishes controlled airspace at Oceana NAS (Apollo
Soucek Field), Oceana, VA.
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
Lists 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
0
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]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:
Paragraph 5000 Class D Airspace
* * * * *
AEA VA D Oceana NAS, VA [Amended]
Oceana NAS (Apollo Soucek Field), VA
(Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.3-mile radius of Oceana NAS (Apollo Soucek
Field). 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 6002 Class E Airspace Designated as Surface Areas
* * * * *
AEA VA E2 Oceana NAS, VA [New]
Oceana NAS (Apollo Soucek Field), VA
(Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
(Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W)
NALF Fentress, VA
(Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)
That airspace extending upward from the surface within a 4.3-
mile radius of Oceana NAS (Apollo Soucek Field), and within 1.8
miles each side of the Navy Oceana TACAN 213[deg] radial extending
from the 4.3-mile
[[Page 46498]]
radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles southwest of
the TACAN and within a 2.7-mile radius of NALF Fentress. This Class
E 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 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.
* * * * *
AEA VA E4 Oceana NAS, VA [Amended]
Oceana NAS (Apollo Soucek Field)
(Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
(Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W.)
NALF Fentress, VA
(Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)
That airspace extending upward from the surface within 1.8 miles
each side of the Navy Oceana TACAN 213[deg] radial extending from
the 4.3-mile radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles
southwest of the TACAN and within a 2.7-mile radius of NALF
Fentress. This Class E 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.
Issued in College Park, Georgia, on July 24, 2013.
Jackson D. Allen,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2013-18398 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-13-P
