Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations 5905 

northwest of the VORTAC, and within 3.5 

miles each side of the Minot VORTAC 097° 

radial, extending from the 4.2-mile radius to 

7 miles east of the VORTAC, excluding the 

portion which overlies the Minot AFB, ND, 

Class D airspace area. 

Issued in Fort Worth, Texas, on January 27, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–02036 Filed 2–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–7492; Airspace 

Docket No. 15–AGL–27] 

Amendment of Class E Airspace; 

Rapid City, SD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the legal 

description of the Class E airspace area 

at Rapid City Regional Airport, Rapid 

City, SD, eliminating the Notice to 

Airmen (NOTAM) part-time status of 

the Class E surface area airspace, and 

Class E airspace designated as an 

extension, at the airport. This is an 

administrative change to coincide with 

the FAA’s aeronautical database. 

DATES: Effective 0901 UTC, March 31, 

2016. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 29591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX, 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, 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 amends 

controlled airspace at Rapid City 

Regional Airport, Rapid City, SD. 

History 

In a review of the airspace, the FAA 

found the airspace for Rapid City 

Regional Airport, Rapid City, SD, as 

published in FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, does not require part time status. 

This is an administrative change 

removing the part time NOTAM 

information from the legal description 

for the airport. 

Class E airspace designations are 

published in paragraph 6002 and 6004 

of FAA Order 7400.9Z dated August 6, 

2015, and effective September 15, 2015, 

which is incorporated by reference in 14 

CFR part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

eliminating the NOTAM information 

that reads, ‘‘This Class E airspace 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.’’ from the regulatory text of 

Class E surface area airspace, and Class 

E airspace designated as an extension to 

Class D, at Rapid City Regional Airport, 

Rapid City, SD. 

This is an administrative change 

amending the description for Rapid City 

Regional Airport to be in concert with 

the FAA’s aeronautical database, and 

does not affect the boundaries, or 

operating requirements of the airspace; 

therefore, notice and public procedure 

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

Regulatory Notices and Analyses 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists 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: 


asabaliauskas on DSK5VPTVN1PROD with RULES
5906 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations 

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(f), 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 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6002 Class E Airspace 

designated as surface areas. 

* * * * * 

AGL SD E2 Rapid City, SD (Amended) 

Rapid City Regional Airport, SD 

(Lat. 44°02′43′′ N., long. 103°03′27′′ W.) 

Ellsworth AFB, SD 

(Lat. 44°08′42′′ N., long. 103°06′13′′ W.) 

Rapid City VORTAC 

(Lat. 43°58′34′′ N., long. 103°00′44′′ W.) 

Within a 4.4-mile radius of the Rapid City 

Regional Airport, excluding the portion north 

of a line between the intersection of the 

Rapid City Regional Airport 4.4-mile radius 

and the Ellsworth AFB 4.7-mile radius, and 

that airspace extending upward from the 

surface within 2.6 miles each side of the 

Rapid City VORTAC 155°/335°. radials 

extending from the 4.4-mile radius of the 

Rapid City Regional Airport to 7 miles 

southeast of the VORTAC, excluding that 

airspace within the Rapid City, SD, Class D 

airspace area. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AGL SD E4 Rapid City, SD (Amended) 

Rapid City Regional Airport, SD 

(Lat. 44°02′43′′ N., long. 103°03′27′′ W.) 

Rapid City VORTAC 

(Lat. 43°58′34′′ N., long. 103°00′44′′ W.) 

That airspace extending upward from the 

surface within 2.6 miles each side of the 

Rapid City VORTAC 155°/335° radials 

extending from the 4.4-mile radius of the 

Rapid City Regional Airport to 7 miles 

southeast of the VORTAC, excluding that 

airspace within the Rapid City, SD, Class D 

airspace area. 

Issued in Fort Worth, Texas, on January 27, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–02037 Filed 2–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice: 9428] 

RIN 1400–AD17 

Visas: Documentation of 

Nonimmigrants Under the Immigration 

and Nationality Act, as Amended 

AGENCY: Department of State. 

ACTION: Interim final rule. 

SUMMARY: As a result of this rule, a 

passport and a visa will be required of 

a British, French, or Netherlands 

national, or of a national of Antigua, 

Barbados, Grenada, Jamaica, or Trinidad 

and Tobago, who has residence in 

British, French, or Netherlands territory 

located in the adjacent islands of the 

Caribbean area, or has residence in 

Antigua, Barbados, Grenada, Jamaica, or 

Trinidad and Tobago, if the alien is 

proceeding to the United States as an 

agricultural worker. In light of past 

experience, and to promote consistency 

of treatment across H–2A agricultural 

workers, prudent border management 

requires these temporary workers to 

obtain a visa along with most other H– 

2A agricultural workers. 

The previous rule allowing temporary 

workers from these countries to enter 

the United States without a visa 

presented a vulnerability. Temporary 

workers from these countries now 

require H–2A visas to enter the United 

States. 

DATES: This rule is effective February 

19, 2016. Comment period: The 

Department will accept comments until 

April 4, 2016. 

ADDRESSES: 

• Interested parties may submit 

comments at any time by any of the 

following methods: 

• Mail: U.S. Department of State, Visa 

Services, Legislation and Regulations 

Division, 600 19th Street NW., Room 

12–526B, Washington, DC 20006 ATTN: 

Paul-Anthony L. Magadia. 

• If you have access to the Internet 

you may submit comments by going to 

http://www.regulations.gov/#!home and 

searching for Public Notice number 

XXXX. 

FOR FURTHER INFORMATION CONTACT: 

Paul-Anthony L. Magadia, U.S. 

Department of State, Visa Services, 

Legislation and Regulations Division, 

Washington, DC 20006, (202) 485–7641, 

Email: magadiapl@state.gov. 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

The Department of State (the 

Department) is amending the previous 

rule to alleviate fraud and security 

concerns that have developed 

subsequent to that rule’s publication. 

The previous rule, 22 CFR 41.2(e)(1), 

allowed nationals of certain Caribbean 

countries, as well as nationals of certain 

other countries who have residence in 

such countries’ territories in the 

Caribbean, to enter the United States as 

temporary agricultural workers without 

visas. The amended rule requires that 

temporary workers from these countries 

obtain H–2A visas to enter the United 

States. 

What is the current rule? 

Currently, British, French, and 

Netherlands nationals and nationals of 

Antigua, Barbados, Grenada, Jamaica, 

and Trinidad and Tobago, who have 

their residence in British, French, or 

Netherlands territory located in the 

adjacent islands of the Caribbean area or 

in Antigua, Barbados, Grenada, Jamaica, 

or Trinidad and Tobago, are not 

required to obtain visas before traveling 

to the United States as H–2A 

agricultural workers. 

What will prospective H–2A 

agricultural workers be required to do? 

The amended rule requires these 

prospective H–2A agricultural workers 

to obtain a visa prior to traveling to the 

United States. Any spouses or children 

of these workers also will have to obtain 

a visa. To obtain a visa, these 

nonimmigrant aliens will have to be in 

possession of a valid passport, submit a 

visa application to and appear for an 

interview at a U.S. embassy or 

consulate, and undergo the 

Department’s visa screening process. 

Will the amended rule ensure that 

prospective H–2A agricultural workers 

are properly screened prior to their 

arrival in the United States? 

Requiring these prospective H–2A 

agricultural workers to obtain visas will 

ensure that they are sufficiently 

screened prior to arrival in the United 

States. This will lessen the possibility 

that persons who pose security risks to 

the United States and other potential 

immigration violators may improperly 

gain admission to the United States. At 

the same time, requiring that these 

applicants appear before consular 

officers will provide greater 

opportunities to prescreen for potential 

employment fraud and will promote 

compliance with Department of 

Homeland Security (DHS) and 

Department of Labor (DOL) H–2A rules. 


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