14032 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Proposed Rules 

closing date for comments. 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 through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http://

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 the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by amending Class D 

Airspace at El Monte Airport, El Monte, 

CA. The FAA’s biennial review of the 

airspace found additional controlled 

airspace is necessary laterally for the 

safety and management of aircraft 

departing and arriving under IFR 

operations at El Monte Airport, along 

with a reduction in the ceiling due to 

arrivals to Los Angeles International 

Airport that overfly El Monte Airport. 

Class D Airspace designations are 

published in paragraph 5000, of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class D Airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 the 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 would 

amend controlled airspace at El Monte 

Airport, El Monte CA. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 71.1 of the Federal Aviation 

Administration Order 7400.9 W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 201 is amended 

as follows: 

Paragraph 5000. Class D Airspace areas. 

* * * * * 

AWP CA D El Monte Airport, CA [Amended] 

El Monte Airport, CA 

(Lat. 34°05′10′′ N., long. 118°02′05′′ W.) 

That airspace extending upward from the 

surface to and including 2,400 feet MSL 

within a 4-mile radius of El Monte Airport 

and within 1.8 miles each side of the El 

Monte Airport 097° bearing extending from 

the 4-mile radius to 4.5 miles east of the 

airport. This Class D Airspace area is 

effective during the 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 Seattle, Washington, on February 

15, 2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–04886 Filed 3–1–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0051; Airspace 

Docket No. 13–ANM–2] 

Proposed Establishment of Class E 

Airspace; Cherokee, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E Airspace at the 

Cherokee VHF Omni-Directional Radio 

Range/Distance Measuring Equipment 

(VOR/DME) navigation aid, Cherokee, 

WY to facilitate vectoring of Instrument 

Flight Rules (IFR) aircraft under control 

of Denver and Salt Lake City Air Route 

Traffic Control Centers (ARTCCs). The 

FAA is proposing this action to enhance 

the safety and management of aircraft 

operations within the National Airspace 

System. 

DATES: Comments must be received on 

or before April 18, 2013. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2013–0051; Airspace 

Docket No. 13–ANM–2, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Proposed Rules 14033 

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: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

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 

2013–0051 and Airspace Docket No. 13– 

ANM–2) 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 http:// 

www.regulations.gov. 

Commenters 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 FAA 

Docket No. FAA–2013–0051 and 

Airspace Docket No. 13–ANM–2’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

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 the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

en route domestic airspace extending 

upward from 1,200 feet above the 

surface at the Cherokee VOR/DME 

navigation aid, Cherokee, WY. This 

action would contain aircraft while in 

IFR conditions under control of Denver 

and Salt Lake City ARTCC by vectoring 

aircraft from en route airspace to 

terminal areas. 

Class E Airspace designations are 

published in paragraph 6006, of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class E Airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 the 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 would 

establish controlled airspace at the 

Cherokee VOR/DME, Cherokee, WY. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 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 6006 En Route Domestic 

Airspace Areas. 

* * * * * 

ANM WY E6 Cherokee, WY [New] 

Cherokee VOR/DME, WY 

(Lat. 41°45′21′′ N., long. 107°34′55′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 39°59′03′′ N., long. 

110°43′27′′ W.; to lat. 40°21′23′′ N., long. 

109°42′25′′ W.; to lat. 41°10′22′′ N., long. 

109°42′26′′ W.; to lat. 42°15′53′′ N., long. 

108°06′44′′ W.; to lat. 42°52′37′′ N., long. 

107°47′58′′ W.; to lat. 43°01′57′′ N., long. 

107°06′08′′ W.; to lat. 42°23′15′′ N., long. 

106°50′11′′ W.; to lat. 41°49′09′′ N., long. 

105°41′46′′ W.; to lat. 40°33′32′′ N., long. 

105°37′50′′ W.; to lat. 40°36′40′′ N., long. 

108°02′31′′ W.; to lat. 39°26′08′′ N., long. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
14034 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Proposed Rules 

110°01′37′′ W.; to lat. 39°37′44′′ N., long. 

111°07′28′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on February 

13, 2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–04890 Filed 3–1–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 57 

[REG–118315–12] 

RIN 1545–BL20 

Health Insurance Providers Fee 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

and notice of public hearing. 

SUMMARY: This document contains 

proposed regulations that provide 

guidance on the annual fee imposed on 

covered entities engaged in the business 

of providing health insurance for United 

States health risks. This fee is imposed 

by section 9010 of the Patient Protection 

and Affordable Care Act, as amended. 

The regulations affect persons engaged 

in the business of providing health 

insurance for United States health risks. 

DATES: Written or electronic comments 

must be received by June 3, 2013. 

Requests to speak and outlines of topics 

to be discussed at the public hearing 

scheduled for June 21, 2013, at 10:00 

a.m., must be received by June 3, 2013. 

ADDRESSES: Send submissions to 

CC:PA:LPD:PR (REG–118315–12), 

Internal Revenue Service, P.O. Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–118315–12), 

Courier’s Desk Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC, or sent electronically 

via the IRS Internet site via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–118315– 

12). The public hearing will be held in 

the IRS Auditorium at the Internal 

Revenue Building, 1111 Constitution 

Avenue NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the substance of the 

regulation, Charles J. Langley, Jr. at 

(202) 622–3130; concerning the 

submission of comments or the public 

hearing, Oluwafunmilayo (Funmi) 

Taylor at (202) 622–7180 (not toll-free 

calls). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in this notice of proposed 

rulemaking has been submitted to the 

Office of Management and Budget for 

review in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)). Comments on the 

collection of information should be sent 

to the Office of Management and 

Budget, Attn: Desk Officer for the 

Department of the Treasury, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503, with copies to 

the Internal Revenue Service, Attn: IRS 

Reports Clearance Officer, 

SE:W:CAR:MP:T:T:SP, Washington, DC 

20224. Comments on the collection of 

information should be received by May 

3, 2013. Comments are specifically 

requested concerning: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Internal Revenue Service, including 

whether the information will have 

practical utility; 

The accuracy of the estimated burden 

associated with the proposed collection 

of information; 

How the quality, utility, and clarity of 

the information to be collected may be 

enhanced; 

How the burden of complying with 

the proposed collection of information 

may be minimized, including through 

the application of automated collection 

techniques or other forms of information 

technology; and 

Estimates of capital or start-up costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

The collection of information in this 

proposed regulation is in § 57.2(e)(2) 

and requires certain entities to maintain 

records of consent for a designated 

entity. This information is necessary to 

evaluate whether an entity has 

consented to the designation of another 

entity to report its net premiums 

written. The likely respondents are 

entities in the business of providing 

health insurance for United States 

health risks. 

Estimated total annual reporting and/ 

or recordkeeping burden: 400 hours. 

Estimated average annual burden 

hours per respondent and/or 

recordkeeper varies from .25 hours to 1 

hour, depending on individual 

circumstances, with an estimated 

average of .5 hours. 

Estimated number of respondents 

and/or recordkeepers: 800. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 

Books or records relating to a 

collection of information must be 

retained as long as their contents may 

become material in the administration 

of any internal revenue law. Generally, 

tax returns and tax return information 

are confidential, as required by 26 

U.S.C. 6103. 

Background 

This document proposes to add the 

Health Insurance Providers Fee 

Regulations to the Code of Federal 

Regulations (26 CFR part 57) under 

section 9010 of the Patient Protection 

and Affordable Care Act (PPACA), 

Public Law 111–148 (124 Stat. 119 

(2010)), as amended by section 10905 of 

PPACA, and as further amended by 

section 1406 of the Health Care and 

Education Reconciliation Act of 2010, 

Public Law 111–152 (124 Stat. 1029 

(2010)) (collectively, the Affordable Care 

Act or ACA). All references in this 

preamble to section 9010 are references 

to the ACA. Section 9010 did not amend 

the Internal Revenue Code (Code) but 

contains cross-references to specified 

Code sections. Unless otherwise 

indicated, all other references to 

subtitles, chapters, subchapters, and 

sections in this preamble are references 

to subtitles, chapters, subchapters, and 

sections in the Code and related 

regulations. All references to ‘‘fee’’ in 

the proposed regulations are references 

to the fee imposed by section 9010. 

Statutory Provisions 

Section 9010(a) imposes an annual fee 

on each covered entity engaged in the 

business of providing health insurance. 

The fee is due by the annual date 

specified by the Secretary of the 

Treasury or his delegate (Secretary), but 

in no event later than September 30th of 

each calendar year in which a fee must 

be paid (fee year). 

Section 9010(c)(1) provides that a 

covered entity is any entity that 

provides health insurance for any 

United States health risk during each fee 

year. Section 9010(c)(2) excludes the 

following entities from being covered 

entities: (A) Any employer to the extent 

that the employer self-insures its 

employees’ health risks; (B) any 

governmental entity; (C) any entity (i) 

that is incorporated as a nonprofit 

corporation under a State law, (ii) no 

part of the net earnings of which inures 


sroberts on DSK5SPTVN1PROD with PROPOSALS