31398 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at the Cherokee 

VOR/DME navigation aid, Cherokee, 

WY. 

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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012 is 

amended as follows: 

Paragraph 6006 En route domestic airspace 

areas. 

* * * * * 

ANM WY E6 Cherokee, WY [New] 

Cherokee VOR/DME, WY 

(Lat. 41°45′21′′ N., long. 107°34′55′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 39°59′03′′ N., long. 

110°43′27′′ W.; to lat. 40°21′23′′ N., long. 

109°42′25′′ W.; to lat. 41°10′22′′ N., long. 

109°42′26′′ W.; to lat. 42°15′53′′ N., long. 

108°06′44′′ W.; to lat. 42°52′37′′ N., long. 

107°47′58′′ W.; to lat. 43°01′57′′ N., long. 

107°06′08′′ W.; to lat. 42°23′15′′ N., long. 

106°50′11′′ W.; to lat. 41°49′09′′ N., long. 

105°41′46′′ W.; to lat. 40°33′32′′ N., long. 

105°37′50′′ W.; to lat. 40°36′40′′ N., long. 

108°02′31′′ W.; to lat. 39°26′08′′ N., long. 

110°01′37′′ W.; to lat. 39°37′44′′ N., long. 

111°07′28′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on May 12, 

2013. 

Clark Desing, 

Manager, Operations Support Group. Western 

Service Center. 

[FR Doc. 2013–12313 Filed 5–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 42 

RIN 1400–AD39 

[Public Notice 8332] 

Visas: Documentation of Immigrants 

Under the Immigration and Nationality 

Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

amends its regulations to eliminate the 

use of Form OF–224 as a method of 

recording an alien’s entitlement to an 

immigrant visa classification. Due to the 

availability of automated systems at all 

immigrant visa-issuing posts, this 

entitlement is now recorded 

automatically, rendering the use of 

Form OF–224 unnecessary and obsolete. 

DATES: This rule is effective May 24, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Taylor W. Beaumont, Legislation and 

Regulations Division, Legal Affairs, 

Office of Visa Services, Bureau of 

Consular Affairs, Department of State, 

2401 E Street NW., Room L–603D, 

Washington, DC 20520–0106, (202) 663– 

2951, email (BeaumontTW@state.gov). 

SUPPLEMENTARY INFORMATION: This rule 

eliminates the use of Form OF–224, 

Immigrant Visa Control Card, as a 

method of recording an alien’s 

entitlement to an immigrant visa 

classification. Section 203(e)(3) of the 

Immigration and Nationality Act (INA) 

requires the Department of State to 

prescribe regulations to maintain 

waiting lists of applicants for immigrant 

visas. In accordance with this provision, 

22 CFR 42.52 was amended in 1988 to 

require consular officers to record that 

an alien is entitled to an immigrant visa 

classification, either on Form OF–224 or 

through the automated system in use at 

selected posts. As all immigrant-visa 

issuing posts now use an automated 

system, consular officers no longer use 

Form OF–224, making that part of the 

rule obsolete. 

Regulatory Findings 

A. Administrative Procedure Act 

The Department is publishing this 

rule as a final rule based on its 

determination that this rulemaking 

relates to a matter relating to agency 

management, in that this rulemaking 

involves non-substantive changes to 

procedures. The Department does not 

expect any public comment. Since the 

rule is exempt from the provisions of 5 

U.S.C. 553, it will be effective 

immediately. 

B. Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department has reviewed 

this regulation and certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. The Unfunded Mandates Reform Act 

of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, 109 Stat. 48, 2 U.S.C. 1532, 

generally requires agencies to prepare a 

statement before proposing any rule that 

may result in an annual expenditure of 

$100 million or more by State, local, or 

tribal governments, or by the private 

sector. This rule will not result in any 

such expenditure, nor will it 

significantly or uniquely affect small 

governments. 

D. The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. 

E. Executive Order 12866: Regulatory 

Planning and Review 

The Department has reviewed this 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in Executive Order 12866. 

Consistent with Executive Order 12866, 

the Department does not consider the 

rule to be an significant action as 

defined by the Executive Order. 

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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 31399 

F. Executive Order 13563: Improving 

Regulation and Regulatory Review 

The Department of State has 

considered this rule in light of 

Executive Order 13563 and affirms that 

this regulation is consistent with the 

guidance therein. 

G. Executive Orders 12372 and 13132: 

Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. The rule will not 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

H. Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the rule 

in light of sections 3(a) and 3(b)(2) of 

Executive Order No. 12988 to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

I. Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 42 

Immigration, Passports and visas. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR part 42 is 

amended as follows: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. 

L. 105–277; Pub. L. 108–449; 112 Stat. 2681– 

795 through 2681–801; The Convention on 

Protection of Children and Co-operation in 

Respect of Intercountry Adoption (done at 

the Hague, May 29, 1993), S. Treaty Doc. 

105–51 (1998), 1870 U.N.T.S. 167 (reg. No. 

31922 (1993)); The Intercountry Adoption 

Act of 2000, 42 U.S.C. 14901–14954. Pub. L. 

106–279. 

■ 2. Section 42.52 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 42.52 Post records of visa applications. 

* * * * * 

(c) * * * 

(1) A record that an alien is entitled 

to an immigrant visa classification shall 

be made whenever the consular officer 

is satisfied—or receives evidence—that 

the alien is within the criteria set forth 

in paragraph (b) of this section. 

* * * * * 

Dated: April 11, 2013. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2013–12453 Filed 5–23–13; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 165 

[Docket ID: DOD–2009–OS–0030] 

RIN 0790–AI45 

Recoupment of Nonrecurring Costs 

(NCs) on Sales of U.S. Items 

AGENCY: Office of the Under Secretary of 

Defense (Comptroller)/Chief Financial 

Officer, DoD. 

ACTION: Final rule. 

SUMMARY: This rule updates policy, 

responsibilities, and procedures for 

calculating and assessing NC 

recoupment charges on sales of items 

developed for or by the Department of 

Defense to non-U.S. Government 

customers. All costs related to the sale 

of the items are fully reimbursable by 

the non-U.S. Government. 

DATES: Effective Date: This rule is 

effective June 24, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Claire Nelson, 703–602–0250. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of the Regulatory Action 

This rule updates policy, 

responsibilities, and procedures to 

conform with sections 2761(e)(1)(B), 

2761 (e)(2), and 2767(b) of Title22, 

United States Code (U.S.C.) (also known 

as ‘‘sections 21(e)(1)(B), 21(e)(2), and 

27(b) of the Arms Export Control Act, as 

amended’’) for calculating and assessing 

NC recoupment charges on sales of 

items developed for or by the 

Department of Defense to non-U.S. 

Government customers. 

II. Summary of the Major Provisions of 

the Regulatory Action In Question 

This rule provides guidance for 

reviewing NC waiver requests; clarifies 

when NC calculations are used; clarifies 

the types of DoD agreements covered; 

and provides additional waiver 

authorities. 

III. Costs and Benefits 

All costs related to the sale of the 

items are fully reimbursable by the nonU.S. Government customers. The 

Department of Defense does not incur 

cost nor receive profit for the items sold. 

The non-U.S. Government customers 

benefit from the sale of the items from 

the Department of Defense. The NC 

amount collected in 2010 and 2011 was 

$4.8 and $9.6 million, respectively. On 

average it is roughly $7.2 million 

annually. 

Public Comments 

The Department of Defense published 

a proposed rule on November 4, 2011 

(76 FR 68376–68378). No comments 

were received on the proposed rule. 

The Department has made a few 

additional changes in the final rule. 

Reference citations were updated. 

Definitions were updated or added for 

clarification. This final rule provides 

guidance for reviewing NC waiver 

requests; clarifies when NC calculations 

are used; clarifies the types of DoD 

agreements covered; and provides 

additional waiver authorities. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563 ‘‘Improving Regulation and 

Regulatory Review’’ 

It has been certified that 32 CFR part 

165 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

165 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

mstockstill on DSK4VPTVN1PROD with RULES