Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 42955

6007, 15000 Aviation Boulevard,

Lawndale, California, 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Operations

Branch, Air Traffic Division, at the

above address.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California, 90261, telephone (310) 725–

6555.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with the comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AWP–31.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or 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 comments received. All comments

submitted will be available for

examination in the Airspace Branch, Air

Traffic Division, at 15000 Aviation

Boulevard, Lawndale, California 90261,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Airspace

Branch, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009. Communications must identify

the notice number of this NPRM.

Persons interested in being placed on a

mailing list for future NPRM’s should

also request a copy of Advisory Circular

No. 11–2A, which describes the

application procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend the Class D airspace area at

Hayward, CA. The development of GPS

SIAP at Hayward Air Terminal has

made this proposal necessary. The

intended effect of this proposal is to

provide adequate Class D airspace for

aircraft executing the GPS RWY 28L

SIAP at Hayward Air Terminal,

Hayward, CA. Class D airspace

designations are published in Paragraph

5000 of FAA Order 7400.9D dated

September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class D airspace designation

listed in this document would 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.

Therefore, this proposed 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 will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would 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 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—[AMENDED]

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 the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 5000 Class D Airspace

* * * * *

AWP CA D Hayward, CA [Revised]

Hayward Air Terminal, CA

(lat. 37°39′34′′ N, long. 122°07′21′′ W)

Metropolitan Oakland International Airport

(lat. 37°43′17′′ N, long. 122°13′15′′ W)

That airspace extending upward from the

surface to but not including 1,500 feet MSL

within a 3.5-mile radius of the Hayward Air

Terminal and within 1.8 miles on each side

of the 119° bearing from the Hayward Air

Terminal, extending from the 3.5-mile radius

to 5.2 miles southeast of the Hayward Air

Terminal, excluding that portion within the

Metropolitan Oakland International Airport,

CA, Class C airspace area. This Class D

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.

* * * * *

Issued in Los Angeles, California, on July

16, 1997.

Sabra W. Kaulia,

Assistant Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–21044 Filed 8–8–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AWP–23]

Proposed Amendment of Class E

Airspace; Flagstaff, AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at

Flagstaff, AZ. The development of a

Global Positioning System (GPS)

Standard Instrument Approach

Procedure (SIAP) to Runway (RWY) 3

has made this proposal necessary. The

intended effect of this proposal is to

provide adequate controlled airspace for

Instrument Flight Rules (IFR) operations

at Flagstaff Pulliam Airport, Flagstaff,

AZ.

DATES: Comments must be received on

or before September 5, 1997.
42956 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, Airspace Branch, AWP–520,

Docket No. 97–AWP–23, Air Traffic

Division, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California,

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Airspace

Branch, Air Traffic Division, at the

above address.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 725–

6555.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with the comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AWP–23.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or 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 comments received. All comments

submitted will be available for

examination in the Airspace Branch, Air

Traffic Division, at 15000 Aviation

Boulevard, Lawndale, California 90261,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Airspace

Branch, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009. Communications must identify

the notice number of this NPRM.

Persons interested in being placed on a

mailing list for future NPRM’s should

also request a copy of Advisory Circular

No. 11–2A, which describes the

application procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend the Class E airspace area at

Flagstaff, AZ. The development of GPS

SIAP at Flagstaff Pulliam Airport has

made this proposal necessary. The

intended effect of this proposal is to

provide adequate Class E airspace for

aircraft executing the GPS RWY 3 SIAP

at Flagstaff Pulliam Airport, Flagstaff,

AZ. Class E airspace designations for

airspace areas extending upward from

700 feet or more above the surface of the

earth are published in paragraphs 6004

and 6005 of FAA Order 7400.9D, dated

September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would 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.

Therefore, this proposed 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 will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would 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 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—[AMENDED]

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 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6004 Class E airspace areas

designated as an extension to a Class D or

Class E surface area.

* * * * *

AWP AZ E4 Flagstaff, AZ [Revised]

Flagstaff Pulliam Airport, AZ

(lat. 35°08′18′′N, long. 111°40′17′′W)

Flagstaff VOR/DME

(lat. 35°08′50′′N, long. 111°40′27′′W)

That airspace extending upward from the

surface beginning where a line 1.8 miles

northwest of and parallel to the Flagstaff

VOR/DME 057° radial intercepts the 6.1-mile

radius of the Flagstaff Pulliam Airport,

thence clockwise to intercept a line 1.8 miles

northwest of and parallel to the Flagstaff

VOR/DME 218° radial, thence

northeastbound on a line 1.8 miles west of

and parallel to the Flagstaff VOR/DME 218°

radial to intercept the 3-mile arc of the

Flagstaff Pulliam Airport clockwise to

intercept the line 1.8 miles northwest of and

parallel to the Flagstaff VOR/DME 057° radial

and thence to the point of beginning and

within 1.8 miles each side of the Flagstaff

VOR/DME 127° radial, extending from the

6.1-mile radius to 8.6 miles southeast of the

VOR/DME. 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.

* * * * *

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AWP AZ E5 Flagstaff, AZ [Revised]

Flagstaff Pulliam Airport, AZ

(lat. 35°08′18′′N, long. 111°40′17′′W)

Flagstaff VOR/DME

(lat. 35°08′50′′N, long. 111°40′27′′W)

That airspace extending upward from 700

feet above the surface within a 3.6-mile

radius of Flagstaff Pulliam Airport and

within a 10-mile radius of the Flagstaff VOR

beginning at a line 1.8-miles northwest of
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 42957

and parallel to the Flagstaff VOR 043° radial

extending clockwise to a point beginning at

lat. 35°00′00′′N, long. 111°36′00′′W; to lat.

34°44′00′′N, long, 111°50′00′′W; to lat.

34°45′00′′N, long. 112°01′00′′W; to lat.

34°54′00′′N, long. 112°05′00′′W; to lat.

35°08′00′′N, long. 111°52′00′′W, thence

eastbound along the Flagstaff VOR 263°

radial to intercept the 3.6-mile radius of the

Flagstaff Pulliam Airport, thence clockwise

to the point of beginning. That airspace

extending upward from 1,200 feet above the

surface within 8.3 miles each side of the

Flagstaff VOR 127° and 307° radials,

extending from 7 miles northwest to 16.5

miles southeast of the Flagstaff VOR and that

airspace bounded by a line beginning at lat.

35°13′32′′N, long. 111°04′31′′W; to lat.

35°17′17′′N, long. 111°02′35′′W; to lat.

35°22′00′′N, long. 111°16′43′′W; to lat.

35°24′00′′N, long. 111°26′16′′W; to lat.

35°18′00′′N, long. 111°35′33′′W, thence

clockwise via a 10-mile radius of the Flagstaff

VOR to lat. 35°16′34′′N, long. 111°32′42′′W;

to lat. 35°19′58′′N, long. 111°24′10′′W; thence

to the point of beginning and that airspace

bounded by a line beginning at lat.

35°03′00′′N, long. 111°21′00′′W; to lat.

35°02′00′′N, long. 111°15′00′′W; to lat.

35°01′00′′N, long. 111°22′00′′W; thence to the

point of beginning, excluding the Sedona,

AZ, Class E airspace area.

* * * * *

Issued in Los Angeles, California, on July

21, 1997.

Thomas L. Parks,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–21043 Filed 8–8–97; 8:45 am]

BILLING CODE 4910–13–M

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2204

Amendment of the Commission’s

Equal Access to Justice Rules

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes to

add a new paragraph to the

Commission’s procedural rules on

eligibility under the Equal Access to

Justice Act in order to minimize extra

unnecessary collateral litigation and to

bring the Commission into conformity

with the corresponding rule adopted by

most other federal agencies.

DATES: Comments must be received by

September 10, 1997.

ADDRESSES: All comments concerning

this proposed rule should be addressed

to Earl R. Ohman, Jr., General Counsel,

Occupational Safety and Health Review

Commission, 1120 20th Street, NW, 9th

Floor, Washington, DC 20036–3419.

FOR FURTHER INFORMATION CONTACT:

Earl R. Ohman, Jr., General Counsel,

(202) 606–5410.

SUPPLEMENTARY INFORMATION: This

document proposes to add a paragraph

to the procedural rules of the

Occupational Safety and Health Review

Commission governing applications for

attorney’s fees under the Equal Access

to Justice Act (‘‘EAJA’’). Generally,

changes to the Commission’s rules of

procedure are not subject to the

provisions of the Administrative

Procedure Act requiring notice and

opportunity for comment (5 U.S.C.

553(b)(3)(A)). However, because the

Commission values the views of those

who appear before it, the Commission

invites public comment.

As announced in the Commission’s

decision in BFW Construction Co.,

OSHRC Docket No. 91–1214, issued on

August 6, 1997, the Commission would

add a new paragraph (f) to 29 CFR

2204.105, its rule of procedure

concerning eligibility under the EAJA.

This new provision would state that the

net worth and number of employees of

the applicant and all of its affiliates

shall be aggregated to determine the

applicant’s eligibility under the EAJA.

Any individual, corporation, or other

entity that directly or indirectly controls

or owns a majority of the voting shares

or other interest of the applicant, or any

corporation or other entity of which the

applicant directly or indirectly owns or

controls a majority of the voting shares

or other interest, will be considered an

affiliate under this part, unless such

treatment would be unjust and contrary

to the purposes of the Act in light of the

actual relationship between the

affiliated entities. In addition, financial

relationships of the applicant other than

those described in this paragraph may

constitute special circumstances that

would make an award unjust.

When the EAJA was enacted, it

required each federal agency to adopt its

own rules implementing the EAJA after

consultation with the (former)

Administrative Conference of the

United States (‘‘ACUS’’). 5 U.S.C.

504(c)(1). ACUS suggested model rules

for agencies, including model rule

0.104(f) on aggregation of net worth for

eligibility purposes. 46 FR 32900, 32912

(1981). (The EAJA itself is silent on the

issue of aggregation.) Most federal

agencies adopted an aggregation rule

that closely followed that model rule.

See, e.g., 29 CFR 16.105(f) (Department

of Labor), 29 CFR 102.143(g) (National

Labor Relations Board), and 29 CFR

2704.104(f) (Federal Mine Safety and

Health Review Commission). However,

the Commission declined to adopt that

rule, stating instead that it would decide

the aggregation issue ‘‘on a case-by-case

basis.’’ 46 FR 48078, 48079 (1981),

reprinted in 1980–81 CCH ESHG New

Developments ¶ 12,365, p. 15,458

(October 6, 1981). However, as

discussed in BFW Corp., deciding the

issue on a case-by-case basis applying

the ‘‘real party in interest’’ factors

developed by federal courts has proven

unwieldy and has resulted in extra

unnecessary collateral litigation,

contrary to the intent of the EAJA.

Therefore, the Commission has taken a

‘‘second look’’ at the ACUS model rule

and has decided to join many of our

fellow agencies in adopting a rule that

closely follows the ACUS model.

The Commission also proposes to

change all references in Part 2204 to the

‘‘EAJ Act’’ to read ‘‘EAJA’’ to conform to

the common shortened reference term

for the Equal Access to Justice Act.

List of Subjects in 29 CFR Part 2204

Claims, Equal access to justice,

Lawyers.

For the reasons set forth in the

preamble, the Occupational Safety and

Health Review Commission proposes to

amend Title 29, Chapter XX, Part 2204,

of the Code of Federal Regulations as

follows:

PART 2204—IMPLEMENTATION OF

THE EQUAL ACCESS TO JUSTICE

ACT IN PROCEEDINGS BEFORE THE

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

1. The authority citation for Part 2204

continues to read as follows:

Authority: Sec. 203(a)(1), Pub. L. 96–481,

94 Stat. 2325 (5 U.S.C. 504(c)(1)); Pub. L. 99–

80, 99 Stat. 183.

2. All references in Part 2204 to ‘‘EAJ

Act’’ are revised to read ‘‘EAJA’’

wherever they appear.

3. A new paragraph (f) is added to

§ 2204.105 to read as follows:

§ 2204.105 Eligibility of applicants.

* * * * *

(f) The net worth and number of

employees of the applicant and all of its

affiliates shall be aggregated to

determine eligibility. Any individual,

corporation, or other entity that directly

or indirectly controls or owns a majority

of the voting shares or other interest of

the applicant, or any corporation or

other entity of which the applicant

directly or indirectly owns or controls a

majority of the voting shares or other

interest, will be considered an affiliate

for purposes of this part, unless such

treatment would be unjust and contrary

to the purposes of the EAJA in light of

the actual relationship between the

affiliated entities. In addition, financial