This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4631

Vol. 62, No. 21

Friday, January 31, 1997

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1647–95]

RIN 1115–AE24

Priority Dates for Employment-Based

Petitions

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This final rule adopts without

change, an interim rule published in the

Federal Register by the Immigration and

Naturalization Service (‘‘the Service’’)

on June 27, 1996, that eliminated a

requirement that an employment-based

petition, based on a labor certification

which was accepted by a state

employment agency before October 1,

1991, must be filed with the Service

before October 1, 1993, in order to

maintain a pre-October 1, 1991, priority

date. This final rule is necessary to

implement section 218 of the

Immigration and Nationality Technical

Corrections Act of 1994 (INTCA).

EFFECTIVE DATE: January 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael W. Straus, Senior

Adjudications Officer, Adjudications

Division, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3412, Washington, DC

20536, telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION: On

October 25, 1994, the President signed

into law the Immigration and

Nationality Technical Corrections Act of

1994 (INTCA), Pub. L. 103–416. Before

the enactment of INTCA, if an employer

filed a labor certification with a state

employment agency prior to October 1,

1991, the employer was required to file

an employment-based petition with the

Service by September 30, 1993, in order

to maintain the pre-October 1, 1991,

priority date. Section 218 of INTCA

eliminated this provision. As a result,

the priority date for all employmentbased petitions accompanied by a labor

certification is the date the State

employment office accepted the labor

certification.

On June 27, 1996, at 61 FR 33304–05,

the Service published an interim rule

with request for comments

implementing section 218 of INTCA in

the Federal Register. Interested persons

were invited to submit written

comments on or before August 26, 1996.

The Service received no comments. For

the reasons given in the June 27, 1996,

interim rule, the Service will adopt the

interim rule as final without change.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. This rule affects only a very

limited number of petitioners and aliens

who filed requests for labor

certifications prior to October 1, 1991.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review, and

the Office of Management and Budget

has waived its review process under

section 6(a)(3)(A).

Executive Order 12612

The regulation will not have

substantial direct effects on the States,

on the relationship between the

National Government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient Federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988

This interim rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 204

Administrative practice and

procedure, Aliens, Employment,

Immigration, Petitions.

Accordingly, the interim rule

amending 8 CFR part 204, which was

published in the Federal Register at 61

FR 33304–05 on June 27, 1996, is

adopted as a final rule without change.

Dated: January 17, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–2424 Filed 1–30–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–ACE–21]

Amendment to Class E Airspace;

Omaha, NE

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This amendment modifies the

Class E airspace area at Omaha, NE, to

accommodate a planned Global

Positioning System (GPS), installation of

an Instrument Approach System (ILS),

and other amended Standard Instrument

Approach Procedures (SIAPs) at Eppley

Airfield. This action will provide for

additional controlled airspace for

departing aircraft and deletes the

extension to the southeast and reduces

the extension to the northwest of the

airport.

EFFECTIVE DATE: 0901 UTC, May 22,

1997.

FURTHER INFORMATION CONTACT: Kathy

Randolph, Air Traffic Operations

Branch, ACE–530C, Federal Aviation

Administration, 601 E. 12th St., Kansas

City, MO 64106; telephone (816) 426–

3408.

SUPPLEMENTARY INFORMATION:

History

On November 29, 1996, the FAA

proposed to amend Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) by modifying the Class E

airspace area at Omaha, NE (61 FR

60658). The proposed action would
4632 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

provide additional controlled airspace

to accommodate the SIAPs to Eppley

Airfield.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class E airspace areas

extending from 700 feet or more above

the surface of the earth are published in

paragraphs 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 will be

published subsequently in the Order.

The Rule

This amendment to Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) amends the Class E airspace

area at Omaha, NE, by providing

additional controlled airspace for

aircraft executing the SIAPs to the

airport.

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. 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 will only affect air

traffic procedures and air navigation, it

is certified that this rule 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 71

Aviation, 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—[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; 14 CFR 11.69.

§ 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 6005 Class E airspace areas

extending from 700 feet or more above the

surface of the earth.

* * * * *

ACE NE E5 Omaha, NE [Revised]

Eppley Airfield, NE

(Lat. 42°18′09′′N., long. 95°53′39′′W.)

Offutt AFB, NE

(Lat 41°07′06′′N. long. 95°54′45′′W.)

Council Bluffs Municipal Airport, IA

(Lat 41°15′34′′N., long. 95°45′36′′W.)

That airspace extending upward from 700

feet above the surface within a 6.9-mile

radius of the Eppley Airfield and within 3

miles each side of the Eppley Airfield ILS

localizer course to Runway 14R extending

from the 6.9-mile radius to 12 miles

northwest of the airport and within a 7-mile

radius of Offutt AFB and within 4.3 miles

each side of the Offutt ILS localizer course

extending from the 7-mile radius to 7.4 miles

southeast of the AFB and within a 6.3-miles

radius of the Council Bluffs Municipal

Airport excluding that portion which lies

within the Eppley Airfield and Offutt AFB

Class E5 airspace.

* * * * *

Issued in Kansas City, MO on January 15,

1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–2419 Filed 1–30–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Docket No. 96–ACE–18]

Amendment to Class E Airspace,

Jefferson City, MO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This rule amends the Class E

airspace area at Jefferson City Memorial

Airport, Jefferson City, MO. The effect of

this rule is to provide additional

controlled airspace for aircraft executing

Standard Instrument Approach

Procedures (SIAP) and for departing

aircraft to transition into controlled

airspace at Jefferson City, MO.

EFFECTIVE DATE: 0901 UTC, March 27,

1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Operations Branch, ACE–530C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, Missouri 64106;

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on November 19, 1996 (61 FR

58784). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

March 27, 1997. No adverse comments

were received, and thus this notice

confirms that this final rule will become

effective on that date.

Issued in Kansas City, MO on January 14,

1997.

Herman J. Lyons Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–2420 Filed 1–30–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–ACE–1]

Removal of Class E Airspace;

Wentzville, MO

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This action removes the Class

E airspace at Wentzville, MO. The only

standard instrument approach

procedure (SIAP) at the Wentzville

Airport, Wentzville, MO, was canceled

April 23, 1996. The reason for

cancellation was the Wentzville Airport

reverted to private-use status in August

1995.

EFFECTIVE DATE: January 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Operations Branch,

ACE–530C, Federal Aviation

Administration, 601 E. 12th St., Kansas

City, MO 64106; telephone (816) 426–

3408.

SUPPLEMENTARY INFORMATION:

History

On March 19, 1996, the President,

Wentzville Airport, Inc. requested

cancellation of the instrument approach

procedure and advised that the airport

was converted to a private-use airport in

August 1995. Based on that request the

Class E controlled airspace area is no

longer necessary.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) removes the Class E airspace at