Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 22417 

controlled airspace at Napa County Fire 

Department Heliport, St. Helena, CA. 

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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 St. Helena, CA [Amended] 

Napa County Fire Department Heliport, CA, 

Point In Space Coordinates 

(Lat. 38°32′21′′ N., long. 122°29′35′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of the Point In Space Coordinates serving the 

Napa County Fire Department Heliport. 

Issued in Seattle, Washington, on April 4, 

2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–08826 Filed 4–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1254; Airspace 

Docket No. 12–ANM–28] 

Modification of Class E Airspace; 

Lakeview, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Lakeview, OR, to 

accommodate aircraft using Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Lakeview 

County Airport. This improves the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also corrects the 

airport name. 

DATES: Effective date, 0901 UTC, June 

27, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On January 24, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify controlled airspace at 

Lakeview, OR (78 FR 5155). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6005, 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 E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

modifying Class E surface airspace 

extending upward from 700 feet above 

the surface at Lakeview County Airport, 

Lakeview, OR, to accommodate IFR 

aircraft executing RNAV (GPS) standard 

instrument approach procedures at the 

airport. This action is necessary for the 

safety and management of IFR 

operations. Also, the airport formerly 

called Lakeview Airport is changed to 

Lakeview County Airport. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under 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 this rule, when promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses 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 modifies 

controlled airspace at Lakeview County 

Airport, Lakeview, OR. 

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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 


wreier-aviles on DSK5TPTVN1PROD with RULES
22418 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov./ 

LawRegulation/OTCDERIVATIVES/index.htm. 

2The Commodity Exchange Act may be found at 

7 U.S.C. 1 et seq. 

3 5 U.S.C. 553(b). 

4See 5 U.S.C. 553(d). 

5See 5 U.S.C. 601 et seq. 

6 5 U.S.C. 601(2). 

7See 44 U.S.C. 3501 et seq. 

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 14 CFR 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012 is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM OR E5 Lakeview, OR [Modified] 

Lakeview County Airport, OR 

(Lat. 42°09′40′′ N., long. 120°23′57′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 4.3-mile 

radius of the Lakeview County Airport, and 

within 1.8 miles each side of the 180° bearing 

of the airport extending from the 4.3-mile 

radius to 7 miles south of the airport; that 

airspace extending upward from 1,200 feet 

above the surface bounded by a line 

beginning at lat. 42°50′00′′ N., long. 

120°57′00′′ W.; to lat. 42°54′00′′ N., long. 

120°22′00′′ W.; to lat. 41°23′00′′ N., long. 

119°52′00′′ W.; to lat. 41°17′00′′ N., long. 

120°25′00′′ W.; to lat. 41°41′00′′ N., long. 

120°41′00′′ W., thence to the point of 

beginning; that airspace extending upward 

from 10,500 feet MSL bounded on the north 

by lat. 44°00′00′′ N., on the east by a line 

extending from lat. 44°00′00′′ N., long. 

120°00′04′′ W., to the north edge of V–122 at 

long. 119°00′04′′ W., on the south by the 

north edge of V–122, and on the west by the 

east edge of V–165. 

Issued in Seattle, Washington, on April 2, 

2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–08812 Filed 4–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 3, 5, 9, 11, 31, 40, 41, 

140, 145, 170, 171 and 190 

RIN 3038–AE03 

Reassignment of Commission Staff 

Responsibilities and Delegations of 

Authority 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

its regulations to reflect the 

reassignment of responsibilities, 

including delegations of authority, 

resulting from its recent reorganization 

of Commission staff. Effective October 9, 

2011, the Commission abolished the 

Division of Clearing and Intermediary 

Oversight and reassigned its staff and 

responsibilities to the newly established 

Division of Swap Dealer and 

Intermediary Oversight and Division of 

Clearing and Risk. 

DATES: These amendments shall become 

effective on April 16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Frank Fisanich, Chief Counsel, 

Telephone: (202) 418–5949, Email: 

ffisanich@cftc.gov, Amanda Lesher 

Olear, Special Counsel, Telephone: 

(202) 418–5283, Email: aolear@cftc.gov, 

Division of Swap Dealer and 

Intermediary Oversight; or Robert 

Wasserman, Chief Counsel, Telephone: 

(202) 418–5092, Email: 

rwasserman@cftc.gov, Jocelyn Partridge, 

Special Counsel, Telephone: (202) 418– 

5926, Email: jpartridge@cftc.gov, 

Division of Clearing and Risk, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(‘‘Dodd-Frank Act’’),1 which extensively 

revises the Commodity Exchange Act.2

In order to more effectively implement 

its provisions, the Commission has 

reorganized its operating divisions. 

Under the reorganized structure, the 

Division of Clearing and Intermediary 

Oversight has been reconfigured into 

two new divisions: the Division of Swap 

Dealer and Intermediary Oversight and 

the Division of Clearing and Risk. 

The Commission is amending its 

regulations to reflect this reorganized 

structure. Accordingly, as indicated in 

the chart below, the Commission is 

deleting references to the former 

division and replacing them with 

references to the new divisions in the 

Commission’s regulations. As amended, 

the regulations will reflect new 

assignments of responsibilities, 

including delegated authorities, to the 

new divisions. 

II. Related Matters 

A. Administrative Procedure Act 

The amendments to the Commission’s 

regulations in this rulemaking do not 

establish any new substantive or 

legislative rules, but rather relate solely 

to the restructuring of responsibilities 

within the Commission, including 

amendments re-delegating authority to 

newly formed divisions, and therefore 

relate solely to agency organization, 

procedure, and practice. Therefore, this 

rulemaking is excepted from the public 

rulemaking provisions of the 

Administrative Procedure Act.3

Additionally, as the revisions to the 

Commission’s regulations in this 

rulemaking will not cause any party to 

undertake efforts to comply with the 

regulations as revised, the Commission 

has determined to make this rulemaking 

effective upon publication in the 

Federal Register.4

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires the Commission to consider 

whether the regulations it adopts will 

have a significant economic impact on 

a substantial number of small entities.5

The Commission is obligated to conduct 

a regulatory flexibility analysis for any 

rule for which the agency publishes a 

general notice of proposed rulemaking 

pursuant to section 553(b) of the 

Administrative Procedure Act.6 This 

rulemaking is excepted from the public 

rulemaking provisions of the 

Administrative Procedure Act. 

Accordingly, the Commission is not 

obligated to conduct a regulatory 

flexibility analysis for this rulemaking. 

C. Paperwork Reduction Act 

The Commission may not conduct or 

sponsor, and a respondent is not 

required to respond to, a collection of 

information contained in a rulemaking 

unless the information collection 

displays a currently valid control 

number issued by the Office of 

Management and Budget (‘‘OMB’’) 

pursuant to the Paperwork Reduction 

Act.7 This rulemaking contains no 

collection of information for which the 

Commission is obligated to obtain a 

control number from OMB. 


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