Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 32213 

The Proposed Amendment 

In consideration of the foregoing, 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 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 6005. Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Factoryville, PA [Amended] 

Seamans Field Airport, PA 

(Lat. 41°35′22′′ N., long. 75°45′22′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 11-mile radius 

of Seamans Field Airport. 

Issued in College Park, Georgia, on May 21, 

2013. 

Jackson Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–12709 Filed 5–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0359; Airspace 

Docket No. 13–AEA–7] 

Proposed Amendment of Class E 

Airspace; Bedford, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace at Bedford, PA, 

as the St. Thomas VORTAC has been 

decommissioned, requiring airspace 

redesign at Bedford County Airport. 

This action would enhance the safety 

and airspace management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also would update 

the geographic coordinates of the 

airport. 

DATES: Comments must be received on 

or before July 15, 2013. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey SE., Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2013–0359; 

Airspace Docket No. 13–AEA–7, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at http://

www.regulations.gov. 

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: 

Comments Invited 

Interested persons are invited to 

comment on this rule 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– 

2013–0359; Airspace Docket No. 13– 

AEA–7) 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. 

Persons 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 

Docket No. FAA–2013–0359; Airspace 

Docket No. 13–AEA–7.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. 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 from and 

comments submitted through 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 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 between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except Federal Holidays 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend 

Class E airspace extending upward from 

700 feet above the surface at Bedford 

County Airport, Bedford, PA. Airspace 

reconfiguration to within a 12.5-mile 

radius of the airport is necessary due to 

the decommissioning of the St. Thomas 

VORTAC, and for continued safety and 

management of IFR operations at the 

airport. The geographic coordinates of 

the airport would be adjusted to 

coincide with the FAAs aeronautical 

database. 

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 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 


tkelley on DSK3SPTVN1PROD with PROPOSALS
32214 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 

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 

proposed 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 proposed 

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 proposed regulation is 

within the scope of that authority as it 

would amend Class E airspace at 

Bedford County Airport, Bedford, PA. 

This proposal would 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. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, 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 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 6005. Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Bedford, PA [Amended] 

Bedford County Airport, PA 

(Lat. 40°05′10′′ N., long. 78°30′49′′W.) 

That airspace extending upward from 700 

feet above the surface within a 12.5-mile 

radius of Bedford County Airport. 

Issued in College Park, Georgia, on May 21, 

2013. 

Jackson Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–12707 Filed 5–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 151 

[K00103 12/13 A3A10; 134D0102DR– 

DS5A300000–DR.5A311.IA000113; Docket 

ID: BIA–2013–0005] 

RIN 1076–AF15 

Land Acquisitions: Appeals of Land 

Acquisition Decisions 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule revises a 

section of regulations governing 

decisions by the Secretary to approve or 

deny applications to acquire land in 

trust under this part. This rule is 

appropriate to address changes in the 

applicability of the Quiet Title Act as 

interpreted by a recent United States 

Supreme Court decision. This rule 

revises a regulatory provision the 

Department added in 1996 to ensure 

that interested parties had the 

opportunity to timely seek judicial 

review of decisions when available 

under the Administrative Procedure 

Act. The Department had determined 

the provision was necessary because, 

consistent with Federal court decisions 

at the time, once the Secretary acquired 

title, the Quiet Title Act precluded 

judicial review of the Secretary’s 

decision to take the land into trust. The 

Supreme Court has since held that the 

Quiet Title Act does not preclude timely 

Administrative Procedure Act 

challenges to agency decisions to 

acquire land in trust unless the 

aggrieved party claims an ownership 

interest in the property at issue. This 

rule revises the regulation to reflect this 

change in the law and to make other 

revisions to codify the current process 

for issuing decisions approving or 

denying requests to acquire land in trust 

under this part. It also broadens and 

clarifies the notice of decisions to 

acquire land in trust under this part, 

including broadening notice of any right 

to file an administrative appeal. 

DATES: Comments on this rule must be 

received by July 29, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2013–0005. 

—E-Mail: consultation@bia.gov. Include 

the number 1076–AF15 in the subject 

line of the message. 

—Mail: Elizabeth Appel, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1849 C Street NW. Include 

the number 1076–AF15 in the 

submission. 

—Hand Delivery: Elizabeth Appel, 

Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW. 

Include the number 1076–AF15 in the 

submission. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Acting Director, Office 

of Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary of Rule 

Section 5 of the Indian Reorganization 

Act (IRA) (25 U.S.C. 465) authorizes the 

Secretary of the Interior to acquire land 

in trust for individual Indians and 

Indian tribes. The Department of the 

Interior’s regulations at 25 CFR part 151 

implement this statutory provision, as 

well as other statutes authorizing the 

acquisition of land in trust for 

individual Indians and Indian tribes. In 

1996, the Department revised part 151 

by procedural rulemaking. That 

procedural rule added a paragraph (b) to 

§ 151.12, which established a 30-day 

waiting period following publication of 

notice in the Federal Register or in a 

newspaper of general circulation serving 

the affected area announcing the final 

agency determination to take the subject 


tkelley on DSK3SPTVN1PROD with PROPOSALS