Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations 50907 

be, paid with funds provided from other 

Federal sources. 

We also proposed to revise the 

heading of 7 CFR 253.11 to 

‘‘Administrative funds’’ to more clearly 

describe the provisions in the section, as 

proposed. As we did not receive any 

comments relating to this proposal, this 

final rule revises the section heading as 

proposed. 

List of Subjects in 7 CFR Part 253 

Administrative practice and 

procedure, Food assistance programs, 

Grant programs, Social programs, 

Indians, Reporting and recordkeeping 

requirements, Surplus agricultural 

commodities. 

Accordingly, 7 CFR part 253 is 

amended as follows: 

PART 253—ADMINISTRATION OF THE 

FOOD DISTRIBUTION PROGRAM FOR 

HOUSEHOLDS ON INDIAN 

RESERVATIONS 

■ 1. The authority citation for 7 CFR 

part 253 continues to read as follows: 

Authority: 91 Stat. 958 (7 U.S.C. 2011– 

2036). 

■ 2. In § 253.11: 

■ a. Revise the section heading; 

■ b. Remove paragraphs (a) and (b); 

■ c. Redesignate paragraphs (c) through 

(h) as paragraphs (e) through (j); and 

■ d. Add new paragraphs (a) through 

(d). 

The revisions and additions read as 

follows: 

§ 253.11 Administrative funds. 

(a) Allocation of administrative funds 

to FNS Regional Offices. Each fiscal 

year, after enactment of a program 

appropriation for the full fiscal year and 

apportionment of funds by the Office of 

Management and Budget, administrative 

funds will be allocated to each FNS 

Regional Office for further allocation to 

State agencies. To the extent practicable, 

administrative funds will be allocated to 

FNS Regional Offices in the following 

manner: 

(1) 65 percent of all administrative 

funds available nationally will be 

allocated to each FNS Regional Office in 

proportion to its share of the total 

number of participants nationally, 

averaged over the three previous fiscal 

years; and 

(2) 35 percent of all administrative 

funds available nationally will be 

allocated to each FNS Regional Office in 

proportion to its share of the total 

current number of State agencies 

administering the program nationally. 

(b) Allocation of administrative funds 

to State agencies. Prior to receiving 

administrative funds, State agencies 

must submit a proposed budget 

reflecting planned administrative costs 

to the appropriate FNS Regional Office 

for approval. Planned administrative 

costs must be allowable under part 277 

of this chapter. To the extent that 

funding levels permit, the FNS Regional 

Office allocates to each State agency 

administrative funds necessary to cover 

75 percent of approved administrative 

costs. 

(c) State agency matching 

requirement. State agencies must match 

administrative funds allocated to them 

as follows: 

(1) Unless Federal administrative 

funding is approved at a rate higher 

than 75 percent of approved 

administrative costs, in accordance with 

paragraph (c)(2) of this section, each 

State agency must contribute 25 percent 

of its total approved administrative 

costs. Cash or non-cash contributions, 

including third party in-kind 

contributions, and the value of services 

rendered by volunteers, may be used to 

meet the State agency matching 

requirement. In accordance with part 

277 of this chapter, such contributions 

must: 

(i) Be verifiable; 

(ii) Not be contributed for another 

federally-assisted program, unless 

authorized by Federal legislation; 

(iii) Be necessary and reasonable to 

accomplish program objectives; 

(iv) Be allowable under Part 277 of 

this chapter; 

(v) Not be paid by the Federal 

Government under another assistance 

agreement unless authorized under the 

other agreement and its subject laws and 

regulations; and 

(vi) Be included in the approved 

budget. 

(2) The State agency may request a 

waiver to reduce its matching 

requirement below 25 percent of 

approved administrative costs. In its 

proposed budget, the State agency must 

submit compelling justification to the 

appropriate FNS Regional Office that it 

is unable to meet the 25 percent 

matching requirement and that 

additional administrative funds are 

necessary for the effective operation of 

the program. The FNS Regional Office 

may, at its discretion, approve a 

reduction of the matching requirement 

and provide additional administrative 

funds to cover more than 75 percent of 

approved administrative costs to a State 

agency that provides compelling 

justification. In its compelling 

justification submission, the State 

agency must include a summary 

statement and recent financial 

documents, in accordance with FNS 

instructions. Compelling justification 

may include but is not limited to: 

(i) The need for additional 

administrative funding for startup costs 

during the first year of program 

operation; or 

(ii) The need to prevent a reduction in 

the level of necessary and reasonable 

program services provided. 

(d) Use of funds by State agencies. 

Any funds received under this section 

shall be used only for costs that are 

allowable under part 277 of this chapter, 

and that are incurred in operating the 

food distribution program. Such funds 

may not be used to pay costs that are, 

or may be, paid with funds provided 

from other Federal sources. 

* * * * * 

Dated: August 13, 2012. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2012–20377 Filed 8–22–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2012–0842; Amendment 

No. 71–44 

RIN 2120–AA66 

Airspace Designations; Incorporation 

by Reference 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations (14 CFR) 

part 71 relating to airspace designations 

to reflect the approval by the Director of 

the Federal Register of the incorporation 

by reference of FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points. This action also explains the 

procedures the FAA will use to amend 

the listings of Class A, B, C, D, and E 

airspace areas; air traffic service routes; 

and reporting points incorporated by 

reference. 

DATES: These regulations are effective 

September 15, 2012, through September 

15, 2013. The incorporation by reference 

of FAA Order 7400.9W is approved by 

the Director of the Federal Register as of 

September 15, 2012, through September 

15, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Sarah A. Combs, Airspace, Regulations 

and ATC Procedures Group, Office of 

Airspace Services, Federal Aviation 

Administration, 800 Independence 

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50908 Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

FAA Order 7400.9V, Airspace 

Designations and Reporting Points, 

effective September 15, 2011, listed 

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

air traffic service routes; and reporting 

points. Due to the length of these 

descriptions, the FAA requested 

approval from the Office of the Federal 

Register to incorporate the material by 

reference in the Federal Aviation 

Regulations section 71.1, effective 

September 15, 2011, through September 

15, 2012. During the incorporation by 

reference period, the FAA processed all 

proposed changes of the airspace 

listings in FAA Order 7400.9V in full 

text as proposed rule documents in the 

Federal Register. Likewise, all 

amendments of these listings were 

published in full text as final rules in 

the Federal Register. This rule reflects 

the periodic integration of these final 

rule amendments into a revised edition 

of Order 7400.9W, Airspace 

Designations and Reporting Points. The 

Director of the Federal Register has 

approved the incorporation by reference 

of FAA Order 7400.9W in section 71.1, 

as of September 15, 2012, through 

September 15, 2013. This rule also 

explains the procedures the FAA will 

use to amend the airspace designations 

incorporated by reference in part 71. 

Sections 71.5, 71.15, 71.31, 71.33, 71.41, 

71.51, 71.61, 71.71, and 71.901 are also 

updated to reflect the incorporation by 

reference of FAA Order 7400.9W. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 to 

reflect the approval by the Director of 

the Federal Register of the incorporation 

by reference of FAA Order 7400.9W, 

effective September 15, 2012, through 

September 15, 2013. During the 

incorporation by reference period, the 

FAA will continue to process all 

proposed changes of the airspace 

listings in FAA Order 7400.9W in full 

text as proposed rule documents in the 

Federal Register. Likewise, all 

amendments of these listings will be 

published in full text as final rules in 

the Federal Register. The FAA will 

periodically integrate all final rule 

amendments into a revised edition of 

the Order, and submit the revised 

edition to the Director of the Federal 

Register for approval for incorporation 

by reference in section 71.1. 

The FAA has determined that this 

action: (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. 

This action neither places any new 

restrictions or requirements on the 

public, nor changes the dimensions or 

operation requirements of the airspace 

listings incorporated by reference in 

part 71. 

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 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. 

■ 2. Section 71.1 is revised to read as 

follows: 

§ 71.1 Applicability. 

A listing for Class A, B, C, D, and E 

airspace areas; air traffic service routes; 

and reporting points can be found in 

FAA Order 7400.9W, Airspace 

Designations and Reporting Points, 

dated August 8, 2012. This 

incorporation by reference was 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 552 

(a) and 1 CFR part 51. The approval to 

incorporate by reference FAA Order 

7400.9W is effective September 15, 

2012, through September 15, 2013. 

During the incorporation by reference 

period, proposed changes to the listings 

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

air traffic service routes; and reporting 

points will be published in full text as 

proposed rule documents in the Federal 

Register. Amendments to the listings of 

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

air traffic service routes; and reporting 

points will be published in full text as 

final rules in the Federal Register. 

Periodically, the final rule amendments 

will be integrated into a revised edition 

of the Order and submitted to the 

Director of the Federal Register for 

approval for incorporation by reference 

in this section. Copies of FAA Order 

7400.9W may be obtained from 

Airspace, Regulations and ATC 

Procedures Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

(202) 267–8783. An electronic version of 

the Order is available on the FAA Web 

site at http://www.faa.gov/air_traffic/ 

publications. Copies of FAA Order 

7400.9W may be inspected in Docket 

No. FAA–2012–0842; Amendment No. 

71–44 on http://www.regulations.gov. A 

copy of AFF Order 7400.9W may be 

inspected at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

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

federal-register/cfr/ibr-locations.html. 

§ 71.5 [Amended] 

■ 3. Section 71.5 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.15 [Amended] 

■ 4. Section 71.15 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.31 [Amended] 

■ 5. Section 71.31 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.33 [Amended] 

■ 6. Paragraph (c) of section 71.33 is 

amended by removing the words ‘‘FAA 

Order 7400.9V’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9W.’’ 

§ 71.41 [Amended] 

■ 7. Section 71.41 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.51 [Amended] 

■ 8. Section 71.51 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.61 [Amended] 

■ 9. Section 71.61 is amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.71 [Amended] 

■ 10. Paragraphs (b), (c), (d), (e), and (f) 

of section 71.71 are amended by 

removing the words ‘‘FAA Order 

7400.9V’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9W.’’ 

§ 71.901 [Amended] 

■ 11. Paragraph (a) of section 71.901 is 

amended by removing the words ‘‘FAA 

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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations 50909 

Order 7400.9V’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9W.’’ 

Issued in Washington, DC, on August 15, 

2012. 

Alan Wilkes, 

Acting Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2012–20660 Filed 8–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30859; Amdt. No. 502] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, 

September 20, 2012. 

FOR FURTHER INFORMATION CONTACT: Rick 

Dunham, Flight Procedure Standards 

Branch (AMCAFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125), 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

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. 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. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC, on August 17, 

2012. 

John M. Allen, 

Deputy Director, Flight Standards Service. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, part 95 of the Federal 

Aviation Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, July 26, 2012. 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44719, 

44721. 

■ 2. Part 95 is amended to read as 

follows: 

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS

[Amendment 502 effective date September 20, 2012] 

From To MEA MAA 

§ 95.3000 Low Altitude RNAV Routes 

§ 95.3310 RNAV Route T310 Is Amended To Read in Part 

Tucson, AZ VORTAC ................................................... **Sulli, AZ FIX ............................................................... *8000 17500 

**9200—MCA Sulli, AZ FIX, E BND 

*7200—MOCA 

From To MEA 

§ 95.6001 Victor Routes-U.S. 

§ 95.6001 VOR Federal Airway V1 Is Amended To Read in Part 

Hartford, CT VOR/DME .............................................................. Dvany, CT FIX ........................................................................... 3000 

Dvany, CT FIX ............................................................................ Graym, MA FIX .......................................................................... *4000 

*2500—MOCA 

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