### 28888 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Rules and Regulations

**§ 71.1 [Amended]**

■ 2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet above the surface. * * * * * ACE MO E5 Ozark, MO [Removed]

Issued in Fort Worth, Texas, on May 11, 2011. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2011–12113 Filed 5–18–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71 [Docket No. FAA–2011–0272; Airspace**  **Docket No. 11–ASW–3] Revocation of Class E Airspace;**  **Gruver Cluck Ranch Airport, TX**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.
**ACTION :**  Final rule.

**SUMMARY :**  This action removes Class E airspace at Gruver, Cluck Ranch Airport, TX. The airport has been abandoned, thereby eliminating the need for controlled airspace in the Gruver, Cluck Ranch Airport, TX, area. The FAA is taking this action to ensure the efficient use of airspace within the National Airspace System. **DATES :**  Effective date: 0901 UTC, August 25, 2011. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.
**FOR FURTHER INFORMATION CONTACT :**  Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321– 7716. **SUPPLEMENTARY INFORMATION :**  The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by removing Class E airspace extending upward from 700 feet above the surface in the Gruver, Cluck Ranch Airport, TX area. Abandonment of the former Cluck Ranch Airport and cancellation of all Standard Instrument Approach Procedures eliminates the need for controlled airspace. Since this action eliminates the impact of controlled airspace on users of the National Airspace System in the vicinity of Gruver, TX, notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9U, dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

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, 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 removes controlled airspace at Cluck Ranch Airport, Gruver, TX. 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, B, C, D, AND E AIRSPACE AREAS; AIR**  **TRAFFIC SERVICE ROUTES; AND REPORTING POINTS** 

■ 1. The authority citation for 14 CFR 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 Part 71.1 of the Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet above the surface. * * * * * ASW TX E5 Gruver Cluck Ranch Airport, TX

Issued in Fort Worth, Texas, on May 11, 2011. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2011–12121 Filed 5–18–11; 8:45 am]

**BILLING CODE 4910–13–P**

**SECURITIES AND EXCHANGE COMMISSION** 

**17 CFR Part 202 [Release Nos. 33–9208; 34–64495; IC–**  **29670] Amendment to Procedures for Holding**  **Funds in Dormant Filing Fee Accounts**

**AGENCY :**  Securities and Exchange Commission.
**ACTION :**  Final rule.

**SUMMARY :**  The Securities and Exchange Commission is amending its procedures for holding funds in any filing fee account in which there has not been a deposit, withdrawal or other adjustment. The amendment extends the holding period from 180 days to three years, after which the Commission will initiate the return of funds to the account holder without any action by the account holder. As always, account holders may request a refund of such fees at any time.
**DATES :**  Effective Date: May 19, 2011. **FOR FURTHER INFORMATION CONTACT :**  Kenneth Johnson, (202) 551–4306, Chief Financial Officer, Office of Financial Management; Stephen Jung, (202) 551– 5162, Assistant General Counsel, Office of the General Counsel; Michael Bloise,