Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules 71365 

ACTION: Notice of proposed rulemaking 

(NPRM), withdrawal. 

SUMMARY: This action withdraws the 

NPRM published in the Federal 

Register on December 20, 2013. In that 

action, the FAA proposed to establish 

Class E airspace at the Tucumcari 

VORTAC, Tucumcari, NM. The FAA 

has determined that withdrawal of the 

NPRM is warranted as a result of 

objections raised during the comment 

period. 

DATES: As of December 2, 2014, the 

proposed rule published December 20, 

2013, at 78 FR 77023, is withdrawn. 

FOR FURTHER INFORMATION CONTACT: Raul 

Garza, Jr., Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7654. 

SUPPLEMENTARY INFORMATION: On 

December 20, 2013, a NPRM was 

published in the Federal Register (78 

FR 77023) to amend Title 14 Code of 

Federal Regulations (14 CFR) part 71 to 

establish Class E Airspace extending 

upward from 1,200 feet above the 

surface at the Tucumcari VHF OmniDirectional Radio Range Tactical Air 

Navigation Aid (VORTAC) Tucumcari, 

NM, to contain aircraft while in 

Instrument Flight Rules conditions 

under control of Albuquerque Air Route 

Traffic Control Center by vectoring 

aircraft from en route airspace to 

terminal areas. As a result of objections 

that were raised during the comment 

period, the NPRM is being withdrawn. 

A new NPRM will be forthcoming. 

List of Subjects in 14 CFR part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the Notice of 

Proposed Rulemaking,, as published in 

the Federal Register of December 20, 

2013 (78 FR 77023) (FR Doc. 2013– 

30339), is hereby withdrawn. 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

Issued in Fort Worth, TX, on November 20, 

2014. 

Walter Tweedy, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2014–28230 Filed 12–1–14; 8:45 am] 

BILLING CODE 4910–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0724; Airspace 

Docket No. 14–AGL–12] 

Proposed Establishment of Class E 

Airspace; Clark, SD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Clark, SD. 

Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at Clark 

County Airport. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations for SIAPs at the airport. 

DATES: Comments must be received on 

or before January 16, 2015. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2014– 

0724/Airspace Docket No. 14–AGL–12, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800– 

647–5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7740. 

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 both 

docket numbers 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 those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2014–0724/Airspace 

Docket No. 14–AGL–12.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Central Service Center, 2601 

Meacham Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend 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 6.5-mile 

radius of Clark County Airport, Clark, 

SD, to accommodate new standard 

instrument approach procedures. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9Y, dated August 6, 2014 and 

effective September 15, 2014, 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 FAA has determined that this 

proposed regulation only involves an 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

71366 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules 

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. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will 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 describes 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 would 

establish controlled airspace at Clark 

County Airport, Clark, SD. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

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—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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014 and 

effective September 15, 2014, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL SD E5 Clark, SD [New] 

Clark County Airport, ND 

(Lat. 48°28′48′′ N., long. 099°14′11′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Clark County Airport. 

Issued in Fort Worth, TX, on November 24, 

2014. 

Humberto Melendez, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2014–28363 Filed 12–1–14; 8:45 am] 

BILLING CODE 4901–14–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AP18 

Additional Compensation on Account 

of Children Adopted Out of Veteran’s 

Family 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

adjudication regulations to clarify that a 

veteran will not receive the dependent 

rate of disability compensation for a 

child who is adopted out of the 

veteran’s family. This action is 

necessary because applicable VA 

adjudication regulations are currently 

construed as permitting a veteran, 

whose former child was adopted out of 

the veteran’s family, to receive the 

dependent rate of disability 

compensation for the adopted-out child, 

which constitutes an unwarranted 

award of benefits not supported by the 

applicable statute and legislative 

history. 

DATES: Comments must be received on 

or before February 2, 2015. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy 

and Management (02REG), Department 

of Veterans Affairs, 810 Vermont 

Avenue NW., Room 1068, Washington, 

DC 20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AP18—Additional Compensation on 

Account of Children Adopted Out of 

Veteran’s Family.’’ Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1068, 

between the hours of 8:00 a.m. and 4:30 

p.m., Monday through Friday (except 

holidays). Please call (202) 461–4902 for 

an appointment. (This is not a toll-free 

number.) In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Li, Section Chief, Regulations 

Staff (211D), Compensation Service, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420, (202) 461–9700. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: Pursuant 

to 38 U.S.C. 1115, a veteran entitled to 

compensation based on a serviceconnected disability rated not less than 

30 percent is entitled to an additional 

rate of disability compensation for each 

of his or her children. Section 101(4)(A) 

of title 38, United States Code, defines 

‘‘child’’ to include an unmarried person 

under the age of 18 years who is a 

legitimate child, a legally adopted child, 

a stepchild who is a member of the 

veteran’s household or was a member of 

the veteran’s household at the time of 

the veteran’s death, or an illegitimate 

child. See also 38 CFR 3.57. The statute 

also provides some exceptions for 

individuals who are permanently 

incapable of self-support and 

individuals who are pursuing an 

education. See 38 U.S.C. 101(4)(A); see 

also 38 CFR 3.57. Additionally, 38 CFR 

3.58 provides that ‘‘[a] child of a veteran 

adopted out of the family of the veteran 

. . . is nevertheless a child within the 

meaning of that term as defined by 

§ 3.57 and is eligible for benefits payable 

under all laws administered by the 

Department of Veterans Affairs.’’ See 

VA Op. Gen. Couns. Prec. 16–94 (1994) 

(‘‘pursuant to [§ 3.58] a child adopted 

out of a veteran’s family may remain a 

child of the veteran for VA purposes’’). 

Therefore, under current regulations, 

VA is required to pay a veteran 

additional disability compensation for a 

child who otherwise meets the 

requirements under § 3.57 but has been 

adopted out of the veteran’s family. 

However, VA believes its 

longstanding interpretation in § 3.58 as 

it applies to 38 U.S.C. 1115 is 

inconsistent with the statute’s clear 

purpose to provide for payments to a 

mstockstill on DSK4VPTVN1PROD with PROPOSALS