### 57789 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations

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 September 10, 2013. Christopher Ramirez, Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013–22818 Filed 9–19–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**Docket No. FAA–2013–0457; Airspace Docket No. 13–AWP–5** 

**Establishment and Modification of Class E Airspace; Oakland, CA** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes Class E airspace at Metropolitan Oakland International Airport, Oakland, CA, to accommodate aircraft using the Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Metropolitan Oakland International Airport. This action also modifies Class E surface airspace designated as an extension to Class C airspace by removing the navigation aids from the airspace designation. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

**DATES :**  Effective date, 0901 UTC, December 12, 2013. 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 :**  Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203–4537.

**SUPPLEMENTARY INFORMATION :**  History

On July 3, 2013, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish and modify controlled airspace at Oakland, CA (78 FR 40076). 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 paragraphs 6003 and 6005, respectively, of FAA Order 7400.9X dated August 7, 2013, and effective September 15, 2013, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within a 9-mile radius of Metropolitan Oakland International Airport, Oakland, CA, with a segment extending from the 9-mile radius to 26 miles northwest of the airport. This controlled airspace accommodates IFR aircraft executing RNAV (GPS) standard instrument approach procedures at the airport. This action also modifies Class E airspace designated as an extension to Class C airspace by removing the navigation aids from the regulatory text and replacing them with airport reference points. This action is necessary for the safety and management of IFR operations.

The FAA has determined 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 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 discusses 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 additional controlled airspace and modifies controlled airspace at Metropolitan Oakland International Airport, Oakland, CA.

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 Part 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 6003 Class E Airspace Designated as an Extension to Class C Surface Areas.
* * * * *

AWP CA E3 Oakland, CA [Modified] Metropolitan Oakland International Airport, CA (Lat. 37 ° 43 ′ 17 ′′ N., long. 122 ° 13 ′ 15 ′′ W.) That airspace extending upward from the surface within 2.7 miles each side of the Metropolitan Oakland International Airport
110 ° bearing extending from the 5-mile radius of the airport to 9 miles east of the airport. This Class E 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.


### 57790 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth
* * * * *

AWP CA E5 Oakland, CA [New] Metropolitan Oakland International Airport, CA (Lat. 37 ° 43 ′ 17 ′′ N., long. 122 ° 13 ′ 15 ′′ W.) That airspace extending upward from 700 feet above the surface within a 9-mile radius of the Metropolitan Oakland International Airport and within 4 miles each side of the airport 305 ° bearing extending from the 9- mile radius of the airport to 26 miles northwest of the airport.

Issued in Seattle, Washington on August 29, 2013. Christopher Ramirez, Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013–22819 Filed 9–19–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 91**

**[Docket No. FAA–2013–0503; Amdt. No. 91– 328]** 

**RIN 2120–AK25**

**Adoption of Statutory Prohibition on the Operation of Jets Weighing 75,000**  **Pounds or Less That Are Not Stage 3 Noise Compliant** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; disposition of
comments.

**SUMMARY :**  On July 2, 2013, the FAA published a final rule (78 FR 39576) amending the airplane operating regulations to include certain provisions of the FAA Modernization and Reform Act of 2012 that affect jet airplanes with a maximum weight of 75,000 pounds or less operating in the United States. We solicited public comment on the final rule even though the FAA is not authorized to change the statutorily mandated prohibition. This action responds to the public comment the FAA received.

**ADDRESSES :**  You may review the public docket for this rulemaking (Docket No. FAA–2013–0503) at the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the public docket on the Internet at http:// www.regulations.gov

. **FOR FURTHER INFORMATION CONTACT :**  For technical questions concerning this action, contact Sandy Liu, AEE–100, Office of Environment and Energy, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 493–4864; facsimile (202) 267–5594; email: sandy.liu@faa.gov

.

For legal questions concerning this action, contact Karen Petronis, AGC– 200, Office of the Chief Counsel, International Law, Legislation, and Regulations Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–3073; email: karen.petronis@faa.gov

. **SUPPLEMENTARY INFORMATION** Background

In section 506 of the FAA Modernization and Reform Act of 2012 (‘‘the Act’’), Congress prohibits the operation of jet airplanes weighing 75,000 pounds or less in the contiguous United States after December 31, 2015, unless the airplanes meet Stage 3 noise levels. The Act also describes certain circumstances under which otherwise prohibited operations will be allowed. These provisions have been codified at Title 49, Section 47534 of the United States Code. This final rule incorporates those provisions into the regulations of part 91 of Title 14 of the Code of Federal Regulations (part 91).

Discussion of Comments

The FAA received one comment from General Electric (GE), who informed the FAA that a hushkit modification for the Dassault Falcon 20 model airplane is still available.

There are an estimated sixty-nine (69) Falcon 20 airplanes registered in the United States. If all of the owners chose to purchase the hushkit, doing so would reduce the societal cost of the statute estimated in the preamble to the final rule. The choice to hushkit or remove the airplane from U.S. service is a decision to be made by the airplane owners. The statutory prohibition remains in effect, and nothing about the FAA’s adoption of the statutory language into part 91 is affected by the availability of the hushkit, or the decisions of the airplane owners.

When the regulatory analysis for the final rule was prepared, it accurately reflected market conditions. However, it is not unusual for the marketplace to react to a regulation. If there are additional hushkits or other modifications that become available for other affected airplanes, they will have no effect on the statute or the FAA’s adoption of the language, as noted above. The choice to modify airplanes remains with airplane owners. The FAA does not intend to amend the original final rule estimates, as they may continue to change.

Correspondence received by the FAA from Dassault Falcon Jet Corporation and GE regarding the hushkit product information have been posted in the docket for this final rule.

Issued in Washington, DC on September 9,
2013. Lourdes Maurice, Director, Office of Environment and Energy.
[FR Doc. 2013–22850 Filed 9–19–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF COMMERCE**

**International Trade Administration**

**19 CFR Part 351**

**[Docket No. 121231747–3659–01]**

**RIN 0625–AA94**

**Extension of Time Limits**

**AGENCY :**  Import Administration, International Trade Administration, Department of Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  The Department of Commerce (the Department) is modifying its regulation concerning the extension of time limits for submissions in antidumping (AD) and countervailing duty (CVD) proceedings. The modification clarifies that parties may request an extension of time limits before any time limit established under Part 351 expires. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimely-filed requests for the extension of time limits.

**DATES :**  Effective date: October 21, 2013. Applicability date: This rule will apply to all segments initiated on or after October 21, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Joanna Theiss at (202) 482–5052.

**SUPPLEMENTARY INFORMATION :**  Background

On January 16, 2013, the Department published a proposed modification of its regulation at 19 CFR 351.302, which concerns the extension of time limits for submissions in AD and CVD proceedings. See Modification of Regulation Regarding the Extension of Time Limits, 78 FR 3367 (January 16, 2013) (Proposed Rule). The Department