Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 46497 

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 

■ 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 

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46498 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

1On 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. 

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 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: 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, 

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 

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: 

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