Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6895

That airspace extending upward from 700

feet above the surface within a 10.5-mile

radius of the Kit Carson County Airport; that

airspace extending upward from 1,200 feet

above the surface beginning at lat. 39°48′00′′

N, long. 103°10′00′′ W; to lat. 39°29′00′′ N,

long. 101°37′00′′ W; to lat. 39°18′30′′ N, long.

101°37′00′′ W; to lat. 38°57′00′′ N, long.

102°05′00′′ W; to lat. 39°00′00′′ N, long.

102°50′30′′ W; to lat. 39°38′30′′ N, long.

103°18′00′′ W; thence to point of beginning,

excluding the airspace within the State of

Kansas.

* * * * *

Issued in Seattle, Washington, on January

30, 1997.

George L. Orr,

Acting Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 97–3754 Filed 2–13–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–AEA–13]

Proposed Amendment to Class E

Airspace; Clearfield, PA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace area at

Clearfield, PA. The development of a

new Standard Instrument Approach

Procedure (SIAP) at Clearfield-Lawrence

Airport based on the Global Positioning

System (GPS) has made this proposal

necessary. Additional controlled

airspace extending upward from 700

feet above the surface (AGL) is needed

to accommodate this SIAP and for

instrument flight rules (IFR) operations

at the airport.

DATES: Comments must be received on

or before March 25, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Operations Branch, AEA–530, Docket

No. 97–AEA–13, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

Int’l Airport Jamaica, NY 11430.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, AEA–7, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

International Airport, Jamaica, New

York 11430.

An informal docket may also be

examined during normal business hours

in the Operations Branch, AEA–530,

F.A.A. Eastern Region, Federal Building,

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace

Specialist, Operations Branch, AEA–530

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430;

telephone: (718) 553–4521.

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, 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 those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AEA–13.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the 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

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Assistant Chief Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

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

Clearfield, PA. A GPS RWY 30 SIAP has

been developed for the ClearfieldLawrence Airport. Additional controlled

airspace extending upward from 700

feet above the surface (AGL) is needed

to accommodate this SIAP and for IFR

operations at the airport. Class E

airspace designations for airspace areas

extending upward from 700 feet or more

above the surface are published in

Paragraph 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have 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; 14 CFR 11.69.

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, dated

September 4, 1996, and effective

September 16, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA PA E5 Clearfield, PA [Revised]

Clearfield-Lawrence Airport, Clearfield, PA

(Lat. 41°02′55′′N, long. 78°24′47′′W)
6896 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

That airspace extending upward from 700

feet above the surface within a 10-mile radius

of Clearfield-Lawrence Airport, excluding

that portion which overlies the Philipsburg,

PA Class E airspace area.

* * * * *

Issued in Jamaica, New York, on February

3, 1997.

James K. Buckles,

Acting Manager, Air Traffic Division, Eastern

Region.

[FR Doc. 97–3752 Filed 2–13–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 500, 505 and 515

Foreign Assets Control Regulations;

Regulations Prohibiting Transactions

Involving the Shipment of Certain

Merchandise Between Foreign

Countries; Cuban Assets Control

Regulations: Civil Penalty

Administrative Hearings

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Treasury Department

proposes to amend the Foreign Assets

Control Regulations and the Cuban

Asset Control Regulations to add

procedures for the conduct of

administrative hearings in civil penalty

cases and for settlement of civil penalty

cases in lieu of administrative hearings.

A conforming amendment is proposed

to be made to the Transaction Control

Regulations.

DATES: Written comments must be

received by March 17, 1997.

ADDRESSES: Comments may be mailed to

the Director, Office of Foreign Assets

Control, U.S. Treasury Department,

1500 Pennsylvania Avenue, NW—

Annex, Washington, DC 20220.

FOR FURTHER INFORMATION CONTACT: Mrs.

B.S. Scott, Chief, Civil Penalties

Program (tel.: 202/622–6140), or

William B. Hoffman, Chief Counsel (tel.:

202/622–2410), Office of Foreign Assets

Control, U.S. Treasury Department,

Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem, dial 202/

512–1387 and type ‘‘/GO FAC,’’ or call

202/512–1530 for disk or paper copies.

This file is available for downloading

without charge in WordPerfect 5.1,

ASCII, and Adobe AcrobatTM readable

(*.PDF) formats. For Internet access, the

address for use with the World Wide

Web (Home Page), Telnet, or FTP

protocol is: fedbbs.access.gpo.gov. The

document is also accessible for

downloading in ASCII format without

charge from Treasury’s Electronic

Library (‘‘TEL’’) in the ‘‘Business, Trade

and Labor Mall’’ of the FedWorld

bulletin board. By modem, dial 703/

321–3339, and select the appropriate

self–expanding file in TEL. For Internet

access, use one of the following

protocols: Telnet = fedworld.gov

(192.239.93.3); World Wide Web (Home

Page) = http://www.fedworld.gov; FTP

= ftp.fedworld.gov (192.239.92.205).

Additional information concerning the

programs of the Office of Foreign Assets

Control is available for downloading

from the Office’s Internet Home Page:

http://www.ustreas.gov/treasury/

services/fac/fac.html, or in fax form

through the Office’s 24–hour fax–on–

demand service: call 202/622–0077

using a fax machine, fax modem, or

(within the United States) a touch–tone

telephone.

Background

The Foreign Assets Control

Regulations, 31 CFR part 500, and the

Cuban Asset Control Regulations, 31

CFR part 515 (jointly, the

‘‘Regulations’’), are proposed to be

amended to provide for detailed

procedures governing administrative

hearings, as provided in section 1710(c)

of the Cuban Democracy Act of 1992 (22

U.S.C. 6001–6010 — the ‘‘CDA’’). A

conforming amendment is proposed to

be made to § 505.50 of the Regulations

Prohibiting Transactions Involving the

Shipment of Certain Merchandise

Between Foreign Countries, 31 CFR part

505, which incorporates by reference

the penalty provisions of part 500.

Because the CDA amends section 16 of

the Trading with the Enemy Act (50

U.S.C. App. 16) to permit the imposition

of civil monetary penalties and civil

forfeiture with opportunity for hearing

and discovery, subpart G of the

Regulations is proposed to be revised to

establish the procedures governing

administrative hearings. Before this proposed rule is adopted

as a final rule, consideration will be

given to written comments (a signed

original and 2 copies) that are timely

submitted to the OFAC. All comments

will be available for public inspection

and copying.

Regulatory Flexibility Act

It has been determined that this notice

of proposed rulemaking is not a

‘‘significant regulatory action’’ as

defined in Executive Order 12866.

Therefore, a regulatory assessment is not

required. It is hereby certified, pursuant

to the Regulatory Flexibility Act (5

U.S.C. 605(b)), that the proposed rule, if

promulgated, will not have a significant

economic impact on a substantial

number of small entities, so that no

regulatory flexibility analysis is

required. The factual basis for this

certification is as follows: Since civil

penalty procedures under the

Regulations were adopted (June 29,

1993, for part 515; April 8, 1994, for part

500), all recipients of a prepenalty

notice under the Regulations have been

provided the opportunity to request an

administrative hearing, with prehearing

discovery, prior to imposition of a

penalty. §§ 500.702(b) & 515.702(b). As

of December 20, 1996, the cumulative

number of hearing requests pending was

27. Of these, only 10 involved

respondents that are small business

entities with fewer than 500 employees.

A respondent’s decision to use the

administrative hearing process is strictly

voluntary, and any final agency action

imposing a civil penalty, with or

without an administrative hearing,

remains appealable pursuant to section

702 of the Administrative Procedure Act

(5 U.S.C. 553–596 — the ‘‘APA’’).

The collection of information in the

proposed rules arises in the conduct of

administrative actions or investigations

by OFAC against specific individuals or

entities and is, therefore, not subject to

the requirements of the Paperwork

Reduction Act pursuant to 44 U.S.C.

3518(c)(1)(B)(ii).

List of Subjects

31 CFR Part 500

Administrative practice and

procedure, Banks, banking, Blocking of

assets, Cambodia, Currency, Estates,

Exports, Finance, Foreign claims,

Foreign investment in the United States,

Foreign trade, Imports, Information and

informational materials, International

organizations, North Korea, Penalties,

Reporting and recordkeeping

requirements, Securities, Services,

Specially designated nationals,

Terrorism, Travel restrictions, Trusts

and trustees, Vessels, Vietnam.

31 CFR Part 505

Administrative practice and

procedure, Arms and munitions, Banks,

banking, Communist countries, Exports,

Finance, Foreign trade, Nuclear

materials, Penalties, Reporting and

recordkeeping requirements.

31 CFR Part 515

Administrative practice and

procedure, Air carriers, Banks, banking,

Blocking of assets, Cuba, Currency,