Federal Register / Vol. 62, No. 195 / Wednesday, October 8, 1997 / Rules and Regulations 52491

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 29030; Amendment No. 71–29]

Airspace Designations; Incorporation

By Reference

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends 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 7400.9E,

Airspace Designations and Reporting

Points. This action also explains the

procedures the FAA will use to amend

the listings of Class A, Class B, Class C,

Class D, and Class E airspace areas and

reporting points incorporated by

reference.

EFFECTIVE DATE: These regulations are

effective September 16, 1997, through

September 15, 1998. The incorporation

by reference of FAA Order 7400.9E is

approved by the Director of the Federal

Register as of September 16, 1997,

through September 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Brenda Brown or Janet Glivings,

Airspace and Rules Division (ATA–

400), Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

History

FAA Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, listed Class A,

Class B, Class C, Class D, and Class E

airspace areas 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 (14

CFR 71.1). The Director of the Federal

Register approved the incorporation by

reference of FAA Order 7400.9D in

section 71.1, effective September 16,

1996, through September 15, 1997.

During the incorporation by reference

period, the FAA processed all proposed

changes of the airspace listings in FAA

Order 7400.9D 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 Airspace Designations

and Reporting Points, Order 7400.9E.

The Director of the Federal Register has

approved the incorporation by reference

of FAA Order 7400.9E in section 71.1,

as of September 16, 1997, through

September 15, 1998. This rule also

explains the procedures the FAA will

use to amend the airspace designations

incorporated by reference in part 71.

Section 71.5, 71.31, 71.33, 71.41, 71.51,

71.61, 71.71, 71.79, and 71.901 are also

updated to reflect the incorporation by

reference of FAA Order 7400.9E.

The Rule

This action amends part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to reflect the approval by the

Director of the Federal Register of the

incorporation by reference of FAA

Order 7400.9E, effective September 16,

1997, through September 15, 1998.

During the incorporation by reference

period, the FAA will continue to

process all proposed changes of the

airspace listings in FAA Order 7400.9E

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, 1997); 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

operating requirements of the airspace

listings incorporated by reference in

part 71. Consequently, notice and public

procedure under 5 U.S.C. 553(b) are

unnecessary. Because this action will

continue to update the changes to the

airspace designations, which are

depicted on aeronautical charts, and to

avoid any unnecessary pilot confusion,

I find that good cause exists, under 5

U.S.C. 553(d), for making this

amendment effective in less than 30

days.

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,

CLASS B, CLASS C, CLASS D, AND

CLASS E, AIRSPACE AREAS;

AIRWAYS; 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.

The complete listing for all Class A,

Class B, Class C, Class D, and Class E

airspace areas and for all reporting

points can be found in FAA Order

7400.9E, Airspace Designations and

Reporting Points, dated September 10,

1997. 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 7400.9E is effective

September 16, 1997, through September

15, 1998. During the incorporation by

reference period, proposed changes to

the listings of Class A, Class B, Class C,

Class D, and Class E airspace areas and

to reporting points will be published in

full text as proposed rule documents in

the Federal Register. Amendments to

the listings of Class A, Class B, Class C,

Class D, and Class E airspace areas and

to 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 7400.9E may be obtained

from the Airspace and Rules Division,

ATA–400, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591,

(202) 267–8783. Copies of FAA Order

7400.9E may be inspected in Docket No.

29030 at the Federal Aviation

Administration, Office of the Chief

Counsel, AGC–200, Room 915G, 800

Independence Avenue, SW.,

Washington, D.C., weekdays between

8:30 a.m. and 5:00 p.m., or at the Office

of the Federal Register, 800 North

Capitol Street, NW., Suite 700,

Washington, DC. This section is

effective September 16, 1997, through

September 15, 1998.
52492 Federal Register / Vol. 62, No. 195 / Wednesday, October 8, 1997 / Rules and Regulations

§ 71.5 [Amended]

3. Section 71.5 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.31 [Amended]

4. Section 71.31 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.33 [Amended]

5. Paragraph (c) of Section 71.33 is

amended by removing the words ‘‘FAA

Order 7400.9D’’ and adding, in their

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

§ 71.41 [Amended]

6. Section 71.41 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.51 [Amended]

7. Section 71.51 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§71.61 [Amended]

8. Section 71.61 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.71 [Amended]

9. Paragraphs (b), (c) (d), (e), and (f)

of Section 71.71 are amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.79 [Amended]

10. Section 71.79 is amended by

removing the words ‘‘FAA Order

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

words ‘‘FAA Order 7400.9E.’’

§ 71.901 [Amended]

11. Paragraph (a) of Section 71.901 is

amended by removing the words ‘‘FAA

Order 7400.9D’’ and adding, in their

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

Issued in Washington, DC, September 30,

1997.

John S. Walker,

Program Director for Air Traffic Airspace

Management.

[FR Doc. 97–26610 Filed 10–7–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF JUSTICE

28 CFR Part 0

Deputization of State and Local Law

Enforcement Officers as Task Force

Officers, and Cross-Designation of

Federal Law Enforcement Officers;

Redelegation of Authority

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This final rule authorizes the

Drug Enforcement Administration

(DEA) Chief, State and Local Section,

Office of Domestic Operations,

Operations Division, to deputize state

and local law enforcement officers as

Task Force Officers, and authorizes the

Chief, Domestic Liaison Section, Office

of Domestic Operations, Operations

Division, to cross-designate Federal law

enforcement officers to undertake title

21 drug investigations under the

supervision of DEA.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Calvin F. McFarland, Chief, Domestic

Liaison Section, Office of Domestic

Operations, Operations Division, Drug

Enforcement Administration, (202) 307–

8932, or Jayme S. Walker, Associate

Chief Counsel, Office of Chief Counsel,

Drug Enforcement Administration, (202)

307–8030.

SUPPLEMENTARY INFORMATION: The

Controlled Substances Act, 21 U.S.C.

801 et seq., as amended (CSA),

specifically, 21 U.S.C. 878(a), provides

that Federal, state or local law

enforcement officers designated by the

Attorney General may exercise certain

powers of Federal law enforcement

personnel. Under title 21 sections 873

and 965, the Attorney General may

request other Federal law enforcement

agencies to provide law enforcement

assistance to DEA. Designated law

enforcement officers may undertake title

21 drug investigations under the

supervision of DEA.

The Attorney General delegated the

functions vested in the Attorney General

by the CSA to the Administrator of DEA,

at 28 CFR 0.100(b), with leave for the

DEA Administrator to further redelegate

those functions to any of his

subordinates, at 28 CFR 0.104.

The Administrator had previously

delegated the authority to deputize state

and local law enforcement officers as

DEA Task Force Officers, and to crossdesignate Federal law enforcement

officers to undertake title 21 drug

investigations under the supervision of

DEA, to the Deputy Assistant

Administrator for Investigative Support,

at 28 CFR, Part 0, Appendix to Subpart

R—Redelegation of Functions, sections

10 and 11. That position was, however,

eliminated in 1995 during an internal

DEA reorganization. This final rule

amends sections 10 and 11 by

transferring those duties previously

assigned to the Deputy Assistant

Administrator for Investigative Support,

to the Chief, State and Local Section,

Office of Domestic Operations,

Operations Division, and to the Chief,

Domestic Liaison Section, Office of

Domestic Operations, Operations

Division, respectively.

The Administrator certifies that this

action will have no impact upon entities

whose interests must be considered

under the Regulatory Flexibility Act (5

U.S.C. 601). Pursuant to sections 1(a)(3)

and 1(b) of Executive Order 12291, this

rule is not a major rule and relates only

to the organization of functions within

DEA. Accordingly, it has not been

reviewed by the Office of Management

and Budget. This action has been

analyzed in accordance with Executive

Order 12612 and it has been determined

that this matter has no federalism

implications which would warrant the

preparation of a Federalism Assessment.

List of Subjects in 28 CFR Part 0

Authority delegations (Government

agencies), Organizations and functions

(Government agencies).

For the reasons set forth above, and

pursuant to the authority vested in the

Administrator of the Drug Enforcement

Administration by 28 CFR 0.100 and

0.104, and 21 U.S.C. 871, title 28 of the

Code of Federal Regulations, part 0,

Appendix to Subpart R, Redelegation of

Functions, sections 10 and 11, are

amended as follows:

PART 0—ORGANIZATION OF THE

DEPARTMENT OF JUSTICE

1. The authority citation for part 0

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, 515–519.

2. The appendix to subpart R, sections

10 and 11, are revised to read as follows:

Appendix to Subpart R—Redelegation

of Functions

* * * * *

Sec. 10. Deputization of State and

Local Law Enforcement Officers. The

Chief, State and Local Section, Office of

Domestic Operations, Operations

Division is authorized to exercise all

necessary functions with respect to the

deputization of state and local law

enforcement officers as Task Force

Officers of DEA pursuant to 21 U.S.C.

878(a).