2084 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations 

Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 

8 CFR part 2. 

■ 6. Section 248.3 is amended by 

revising the section heading and 

paragraph (a) to read as follows: 

§ 248.3 Petition and application. 

* * * * * 

(a) Requests by petitioners. A 

petitioner must submit a request for a 

change of status to E–1, E–2, E–3, H–1C, 

H–1B, H–1B1, H–2A, H–2B, H–3, L–1, 

O–1, O–2, P–1, P–2, P–3, Q–1, R–1, or 

TN nonimmigrant. 

* * * * * 

PART 274a—CONTROL OF 

EMPLOYMENT OF ALIENS 

■ 7. The authority citation for part 274a 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1324a; 48 

U.S.C. 1806; 8 CFR part 2. 

■ 8. Section 274a.12 is amended by: 

■ a. Revising the first sentence of 

paragraph (b)(9); 

■ b. Revising the first sentence of 

paragraph (b)(20); 

■ c. Removing the word ‘‘or’’ at the end 

of paragraph (b)(23); 

■ d. Removing the period at the end of 

paragraph (b)(24) and adding in its place 

‘‘; or’’; and 

■ e. Adding paragraph (b)(25). 

The revisions and addition read as 

follows: 

§ 274a.12 Classes of aliens authorized to 

accept employment. 

* * * * * 

(b) * * * 

(9) A temporary worker or trainee 

(H–1, H–2A, H–2B, or H–3), pursuant to 

§ 214.2(h) of this chapter, or a 

nonimmigrant specialty occupation 

worker pursuant to section 

101(a)(15)(H)(i)(b1) of the Act. * * * 

* * * * * 

(20) A nonimmigrant alien within the 

class of aliens described in paragraphs 

(b)(2), (b)(5), (b)(8), (b)(9), (b)(10), 

(b)(11), (b)(12), (b)(13), (b)(14), (b)(16), 

(b)(19), (b)(23) and (b)(25) of this section 

whose status has expired but on whose 

behalf an application for an extension of 

stay was timely filed pursuant to § 214.2 

or § 214.6 of this chapter. * * * 

* * * * * 

(25) A nonimmigrant treaty alien in a 

specialty occupation (E–3) pursuant to 

section 101(a)(15)(E)(iii) of the Act. 

* * * * * 

Jeh Charles Johnson, 

Secretary of Homeland Security. 

[FR Doc. 2016–00478 Filed 1–13–16; 11:15 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2015–6753; Airspace 

Docket No. 15–ANM–29 

Amendment of Class D Airspace; 

Denver, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the city 

designation of the Class D airspace at 

Broomfield, CO, changing the 

designation to Denver, CO, and the 

airport name to Rocky Mountain 

Metropolitan Airport. The name and 

associated city location of the airport are 

updated to coincide with the FAA’s 

aeronautical database. This does not 

affect the charted boundaries or 

operating requirements of the airspace. 

DATES: Effective 0901 UTC, March 31, 

2016. 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. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 29591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Steve Haga, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4563. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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 

Class D airspace at Denver, CO. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies the legal description of the 

Class D airspace at Denver, CO, by 

updating the name and associated city 

designation of the airport to coincide 

with the FAA’s aeronautical database. 

Jefferson County Airport is renamed 

Rocky Mountain Metropolitan Airport 

and the city designation is corrected 

from Broomfield, CO, to Denver, CO. 

This does not affect the boundaries or 

operating requirements of the airspace. 

Class D airspace designations are 

published in paragraph 5000 of FAA 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class D airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

This is an administrative change 

amending the airport name and city 

location to be in concert with the FAAs 

aeronautical database, and does not 

affect the boundaries, or operating 

requirements of the airspace, therefore, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary. 

Regulatory Notices and Analyses 

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 


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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations 2085 

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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. 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(f), 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 FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 5000: Class D Airspace. 

* * * * * 

ANM CO D Denver, CO [Amended] 

Rocky Mountain Metropolitan Airport, CO 

(Lat. 39°54′32′′ N., Long. 105°07′02′′ W.) 

That airspace extending upward from the 

surface to, but not including, 8,000 feet MSL, 

within a 5-mile radius of Rocky Mountain 

Metropolitan 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 

December 28, 2015. 

Tracey Johnson, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2016–00305 Filed 1–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 24, 162, 163, and 178 

[USCBP–2015–0007; CBP Dec. 16–1] 

RIN 1515–AD59 

United States-Australia Free Trade 

Agreement 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, with one change, interim 

amendments to the U.S. Customs and 

Border Protection (CBP) regulations that 

were published in the Federal Register 

on February 10, 2015, as CBP Dec. 15– 

03, to implement the preferential tariff 

treatment and other customs-related 

provisions of the United StatesAustralia Free Trade Agreement. 

DATES: Effective February 16, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Textile Operational Aspects: Anita 

Harris, Textile Operations Branch, 

Office of International Trade, (202) 863– 

6241. 

Other Operational Aspects: Seth 

Mazze, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6567. 

Legal Aspects: Yuliya Gulis, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0042. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 18, 2004, the United States 

and Australia (the ‘‘Parties’’) signed the 

United States-Australia Free Trade 

Agreement (‘‘AFTA’’ or ‘‘Agreement’’). 

On August 3, 2004, the President signed 

into law the United States-Australian 

Free Trade Agreement Implementation 

Act (the ‘‘Act’’), Public Law 108–286, 

118 Stat. 919 (19 U.S.C. 3805 note), 

which approved and made statutory 

changes to implement the AFTA. On 

December 20, 2004, the President signed 

Proclamation 7857 to implement the 

AFTA. The Proclamation, which was 

published in the Federal Register on 

December 23, 2004 (69 FR 77133), 

modified the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’) as set forth in Annexes I and 

II of Publication 3722 of the U.S. 

International Trade Commission. 

On February 10, 2015, CBP published 

CBP Dec. 15–03 in the Federal Register 

(80 FR 7303) setting forth interim 

amendments to implement the 

preferential tariff treatment and other 

customs-related provisions of the AFTA 

and the Act. The majority of the AFTA 

implementing regulations set forth in 

CBP Dec. 15–03 and adopted, with one 

change, as final in this document have 

been included within new Subpart L of 

Part 10 of the CBP regulations (19 CFR 

part 10). In those cases in which AFTA 

implementation is more appropriate in 

the context of an existing regulatory 

provision, however, the AFTA 

regulatory text has been incorporated 

into an existing part within the CBP 

regulations. CBP Dec. 15–03 also sets 

forth a number of cross-references and 

other consequential changes to existing 

regulatory provisions to clarify the 

relationship between those existing 

provisions and the new AFTA 

implementing regulations. Please refer 

to that document for further background 

information. 

Although the interim regulatory 

amendments were promulgated without 

prior public notice and comment 

procedures and took effect on February 

10, 2015, CBP Dec. 15–03 provided for 

the submission of public comments 

which would be considered before 

adoption of the interim regulations as a 

final rule. The prescribed public 

comment closed on April 13, 2015. CBP 

received one comment on CBP Dec. 15– 

03. 

Discussion of Comments 

One response was received to the 

solicitation of comments on the interim 

rule set forth in CBP Dec. 15–03. The 

comment is discussed below. 

Comment 

One commenter questioned whether 

the AFTA requires that Australian 

exporters be consulted before the 

interim regulations take effect. 

CBP Response 

The changes proposed in the interim 

regulations took effect on the date of 

publication of the interim regulations. 


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