12060 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0842; Airspace 

Docket No. 13–AGL–27] 

Establishment of Class E Airspace; 

Mansfield, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Mansfield, OH. A Class E 

surface area is necessary to 

accommodate military mission changes 

when the control tower is closed at 

Mansfield Lahm Regional Airport. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at the 

airport. 

DATES: Effective date: 0901 UTC, May 

29, 2014. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On December 9, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E airspace for the 

Mansfield, OH, area, creating additional 

controlled airspace at Mansfield Lahm 

Regional Airport (78 FR 73752) Docket 

No. FAA–2013–0842. 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 6002 of FAA Order 7400.9X 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace designated 

as a surface area within a 4.4-mile 

radius of Mansfield Lahm Regional 

Airport, Mansfield, OH, with a small 

segment extending from the 4.4-mile 

radius to 4.8 miles northwest of the 

airport to accommodate military 

mission changes at the airport. 

Controlled airspace is needed for the 

safety and management of IFR 

operations that the Air National Guard 

units will need to conduct airdrop and 

other low level training during hours 

when the control tower is closed. 

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. 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 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 U.S. Code. Subtitle 1, 

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 establishes 

controlled airspace at Mansfield Lahm 

Regional Airport, Mansfield, OH. 

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 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 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013, is amended as 

follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AGL OH E2 Mansfield, OH [New] 

Mansfield Lahm Regional Airport, OH 

(Lat. 40°49′17′′ N., long. 82°31′00′′ W.) 

Mansfield VORTAC 

(Lat. 40°52′07′′ N., long. 82°35′27′′ W.) 

Within a 4.4-mile radius of Mansfield Lahm 

Regional Airport, and within 1.7 miles each 

side of the Mansfield VORTAC 307° radial 

extending from the 4.4-mile radius to 4.8 

miles northwest of the airport. 

Issued in Fort Worth, Texas, on February 

10, 2014. 

Kent M. Wheeler, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2014–04468 Filed 3–3–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[AG Order No. 3421–2014] 

Authorization To Seize Property 

Involved in Drug Offenses for 

Administrative Forfeiture (2012R–9P) 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

amending its regulations to extend the 

trial period during which the Director of 

the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) may 

exercise, for an additional one-year 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12061 

period following the effective date of 

this rule, the authority under the United 

States Code to seize and 

administratively forfeit property 

involved in controlled substance 

offenses. The Attorney General has 

determined that the trial period that 

ends on February 25, 2014, should be 

extended for another year to give ATF 

more time to refine its processes, fully 

hire and train all necessary staff, and 

further demonstrate the effectiveness of 

the delegation in the investigation of 

violent crimes involving firearms. 

DATES: Effective Date: This rule is 

effective March 4, 2014. 

Applicability Date: This delegation 

became operative on February 25, 2014, 

the date that it was issued by the 

Attorney General. 

FOR FURTHER INFORMATION CONTACT: 

Denise Brown, Enforcement Programs 

and Services, Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE., Washington, DC 20226, 

telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

Background 

After ATF became part of the 

Department of Justice in January 2003, 

pursuant to the Homeland Security Act 

of 2002 (Public Law 107–296), the 

Attorney General delegated to ATF the 

authority to investigate, seize, and 

forfeit property involved in a violation 

or attempted violation within its 

investigative jurisdiction. See 28 CFR 

0.130(b)(1). ATF investigations focusing 

on violent crime frequently involve 

complex criminal organizations with 

multiple criminal enterprises and 

uncover drug-related offenses in 

addition to offenses within ATF’s 

primary jurisdiction, such as violations 

of the Gun Control Act, 18 U.S.C. 

Chapter 44, or the Contraband Cigarette 

Trafficking Act, 18 U.S.C. Chapter 114. 

In such investigations, ATF historically 

did not have authority under 21 U.S.C. 

Chapter 13 to seize for administrative 

forfeiture property involved in 

controlled substance offenses. Instead, 

ATF generally referred such property to 

the Drug Enforcement Administration 

(DEA), which is primarily responsible 

for investigating violations of drug laws 

contained in title 21 of the United States 

Code. DEA would then initiate, process, 

and conclude all necessary forfeiture 

actions for the controlled-substancerelated property. 

The Department of Justice believes 

that forfeiting the assets of criminals is 

an essential tool in combating criminal 

activity and provides law enforcement 

with the capacity to dismantle criminal 

organizations that would otherwise 

continue to function after conviction 

and incarceration of individual 

participants. The Department further 

believes that administrative forfeiture 

permits the expedient and effective use 

of this crucial law enforcement tool. 

An uncontested administrative 

forfeiture can be perfected in 60–90 

days for minimal cost, including the 

statutorily required advertisement and 

notice by registered mail. Conversely, 

the costs associated with judicial 

forfeiture can amount to hundreds or 

thousands of dollars and the judicial 

process generally can take anywhere 

from 6 months to years. In the 

meantime, the government incurs 

additional costs if the property requires 

storage or maintenance until a final 

order of forfeiture can be obtained. 

One of the primary missions of the 

ATF is to combat firearm-related violent 

crime. The nexus between drug 

trafficking and firearm violence is well 

established. On review of the current 

role and mission of ATF within the 

Department of Justice, the Attorney 

General decided to authorize a 

temporary delegation of title 21 seizure 

and forfeiture authority to determine 

whether such authority can enhance the 

effectiveness of ATF in the investigation 

of violent crimes involving firearms. On 

August 21, 2012, the Attorney General 

signed a final rule delegating seizure 

and forfeiture authority under 21 U.S.C. 

881 to the ATF for a trial period of one 

year, effective February 25, 2013. 77 FR 

51698 (Aug. 27, 2012). This final rule 

amended the regulations in 28 CFR part 

0 to authorize the Director of ATF to 

exercise, for a period of one year from 

the effective date of the final rule, the 

authority to seize, forfeit, and remit or 

mitigate the forfeiture of property in 

accordance with 21 U.S.C. 881. See 28 

CFR 0.130(b)(2). After considering the 

effectiveness of this delegation over the 

course of the one-year period, the 

Attorney General decided to extend the 

trial period for an additional year. This 

extension will give ATF more time to 

refine its processes, fully hire and train 

all necessary staff, and further 

demonstrate the effectiveness of the 

delegation in the investigation of violent 

crimes involving firearms. 

Since receiving the authority to seize, 

forfeit, and remit or mitigate the 

forfeiture of property in accordance 

with 21 U.S.C. 881, ATF seized both 

narcotics-related assets and firearms or 

explosives in approximately 70 percent 

of cases in which property was seized. 

The authority gives ATF the ability to 

process narcotics-related property 

seized in criminal investigations in 

which firearms and explosives also are 

seized. The delegation of authority has 

afforded cost savings to the United 

States government by streamlining the 

forfeiture process to prevent 

unnecessary burden on the judicial 

system and the public and by permitting 

the government to process forfeitures 

within a single agency. 

From February 25, 2013, to December 

25, 2013, ATF seized a total of 339 

assets pursuant to the delegation of 

authority to seize, forfeit, and remit or 

mitigate the forfeiture of property in 

accordance with 21 U.S.C. 881. The 

total value of those assets amounted to 

$5,376,387.70. 

Final Rule 

This rule amends the regulations in 

28 CFR part 0 to allow the Director of 

ATF to continue to exercise, for a period 

of one year from the effective date of 

this final rule, the authority to seize, 

forfeit, and remit or mitigate the 

forfeiture of property in accordance 

with 21 U.S.C. 881. 

Forfeiting the assets of criminals is an 

essential tool in combating criminal 

activity and provides law enforcement 

with the capacity to dismantle criminal 

organizations that otherwise would 

otherwise continue to function after 

conviction and incarceration of 

individual participants. The Attorney 

General has decided to extend for a oneyear period, beginning February 25, 

2014, and ending on February 25, 2015, 

the delegation of administrative seizure 

and forfeiture authority to give ATF 

more time to refine its processes, fully 

hire and train all necessary staff, and 

further demonstrate its effectiveness in 

the investigation of violent crimes 

involving firearms. ATF may continue 

to exercise this delegated authority for 

all property in its possession on or 

before the end of the extension period, 

even if this delegation is not otherwise 

extended. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

Administrative Procedure Act (APA) 

Notice and comment rulemaking is 

not required for this final rule. Under 

the APA, ‘‘rules of agency organization, 

procedure or practice,’’ 5 U.S.C. 

553(b)(A), that do not ‘‘affect[] 

individual rights and obligations,’’ 

Morton v. Ruiz, 415 U.S. 199, 232 

(1974), are exempt from the general 

notice and comment requirements of 

section 553 of title 5 of the United States 

Code. See JEM Broad. Co. v. FCC, 22 

F.3d 320, 326 (D.C. Cir. 1994) (section 

553(b)(A) applies to ‘‘agency actions 

that do not themselves alter the rights or 


emcdonald on DSK67QTVN1PROD with RULES
12062 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

interests of parties, although [they] may 

alter the manner in which the parties 

present themselves or their viewpoints 

to the agency’’) (quoting Batterton v. 

Marshall, 648 F.2d 694, 707 (D.C. Cir. 

1980) (internal quotation marks 

omitted)). The revisions to the 

regulations in 28 CFR Part 0 are purely 

a matter of agency organization, 

procedure, and practice that will not 

affect individual rights and obligations. 

This rule does not expand the 

government’s ability as a matter of law 

to effectuate forfeitures; it simply 

authorizes the Director of ATF to 

effectuate such forfeitures. Internal 

delegations of authority such as in this 

final rule are ‘‘rules of agency 

organization, procedure, or practice’’ 

under the APA. In addition, this rule is 

exempt from the usual requirements of 

prior notice and comment and a 30-day 

delay in effective date because, as an 

internal delegation of authority, it 

relates to a matter of agency 

management or personnel. See 5 U.S.D. 

553(a)(2). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis is not required for 

this final rule because the Department 

was not required to publish a general 

notice of proposed rulemaking for this 

matter. 

Executive Order 12866 and Executive 

Order 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This rule is limited 

to agency organization, management, or 

personnel matters as described by 

Executive Order 12866, section 3(d)(3) 

and, therefore, is not a ‘‘regulation’’ or 

‘‘rule’’ as defined by that Executive 

Order. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

rule for purposes of the reporting 

requirement of 5 U.S.C. 801. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

Authority and Issuance 

Accordingly, by virtue of the 

authority vested in me as Attorney 

General, including 5 U.S.C. 301 and 28 

U.S.C. 509, 510, and for the reasons set 

forth in the preamble, part 0 of title 28 

of the Code of Federal Regulations is 

amended as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for 28 CFR 

Part 0 continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Section 0.130 is amended by 

revising the second sentence in 

paragraph (b)(2) to read as follows: 

§ 0.130 General functions. 

* * * * * 

(b) * * * 

(2) * * * This authority is effective 

during the 24-month period beginning 

on February 25, 2013, and ending on 

February 25, 2015, except that it may 

continue to be exercised after February 

25, 2015, with respect to any property 

in the Bureau’s possession on or before 

that date. 

* * * * * 

Dated: February 25, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–04621 Filed 3–3–14; 8:45 am] 

BILLING CODE 4410–19–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0100] 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW), 

Grassy Sound Channel, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the State Route 47 

(George Redding) Bridge across Grassy 

Sound Channel, NJICW mile 108.9, at 

Wildwood, NJ. This deviation allows 

the bridge to remain in the closed-tonavigation position while the safety 

barrier gates are being replaced. 

DATES: This deviation is effective 

without actual notice from March 4, 

2014 until 10 p.m. on March 8, 2014. 

For the purposes of enforcement, actual 

notice will be used from 6 a.m. on 

March 1, 2014, until March 4, 2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0100] is 

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

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 


emcdonald on DSK67QTVN1PROD with RULES