Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61087

Issued in Fort Worth, Texas, on September

29, 2000.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 00–26234 Filed 10–13–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–22]

Amendment to Class E Airspace;

Elkhart, KS

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule which

revises Class E airspace at Elkhart, KS.

DATES: The direct final rule published at

65 FR 45707 is effective on 0901 UTC,

November 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on July 25, 2000 (65 FR 45707).

The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

November 30, 2000. No adverse

comments were received, and thus this

document confirms that this direct final

rule will become effective on that date.

Issued in Kansas City, MO on September

28, 2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00–26525 Filed 10–13–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–21]

Amendment to Class E Airspace;

Columbia, MO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule which

revises Class E airspace at Columbia,

MO.

DATES: The direct final rule published at

65 FR 43686 is effective on 0901 UTC,

November 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division,

Airspace Branch, ACE–520A, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2524.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on July 14, 2000 (65 FR 43686).

The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

November 30, 2000. No adverse

comments were received, and thus this

document confirms that this direct final

rule will become effective on that date.

Issued in Kansas City, MO on September

28, 2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00–26526 Filed 10–13–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ASW–6]

Amendment of Federal Airways in the

Vicinity of Dallas/Fort Worth; TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends thirteen

Federal airways in the vicinity of

Dallas/Fort Worth, TX. In the NPRM for

this action, the FAA proposed to modify

14 airways. However, after considering

aircraft routing through the Shreveport,

LA, Approach Control terminal airspace

and retention of transition fixes for the

Shreveport Regional Airport and

Barksdale Air Force Base (AFB), the

FAA has decided not to make the

proposed modification of

V–566. The FAA is taking this action to

simplify the airway structure, thereby,

enhancing the management of aircraft

operations in the area.

EFFECTIVE DATE: 0901 UTC, November

30, 2000.

FOR FURTHER INFORMATION CONTACT: Bil

Nelson, 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:

Background

As a result of a recent airspace review,

the FAA has determined that airways in

the vicinity of Dallas/Fort Worth, TX,

should be amended to improve

management of the aircraft operations.

On June 12, 2000, the FAA published in

the Federal Register (65 FR 36805) a

proposal to amend fourteen Federal

airways. However, after considering

aircraft routing through the Shreveport,

LA, Approach Control terminal airspace

and retention of transition fixes for the

Shreveport Regional Airport and

Barksdale AFB, the FAA decided not to

make the proposed modification of V–

566.

Interested parties were invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire. No

comments were received. Except for

editorial changes, and the decision not

to amend V–566, this amendment is the

same as that proposed in the NPRM.

61088 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

The Rule

The FAA is amending part 71 of Title

14 Code of Federal Regulations to revise

thirteen Federal airways in the vicinity

of Dallas/Fort Worth, TX. The rule

amends the following Federal airways:

V–15, V–16, and V–17 by modifying the

route descriptions; V–63, V–69, V–131,

V–305, V–507, V–573 by amending the

start points; and V–66, V–163, V–358,

and V–407 by modifying the end points.

The FAA is taking this action to

simplify the airway structure, thereby,

enhancing the management of aircraft

operations in the area.

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. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under Department of

Transportation (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 will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Federal airways are published in

paragraph 6010(a) of FAA Order

7400.9H dated September 1, 2000, and

effective September 16, 2000, which is

incorporated by reference in 14 CFR

71.1. The Federal airways listed in this

document will be published

subsequently in the Order.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6010(a) Domestic VOR Federal

Airways

* * * * *

V–15 [Revised]

From Hobby, TX, via Navasota, TX; College

Station, TX; Waco, TX; Cedar Creek, TX;

Bonham, TX; McAlester, OK; Okmulgee, OK;

to Neosho, MO. From Sioux City, IA; INT

Sioux City 340° and Sioux Falls, SD, 169°

radials; Sioux Falls; Huron, SD; Aberdeen,

SD; Bismarck, ND; to Minot, ND.

V–16 [Revised]

From Los Angeles, CA; Paradise, CA; Palm

Springs, CA; Blythe, CA; Buckeye, AZ;

Phoenix, AZ; INT Phoenix 155° and

Stanfield, AZ, 105° radials; Tucson, AZ;

Cochise, AZ; Columbus, NM; El Paso, TX;

Salt Flat, TX; Wink, TX; INT Wink 066° and

Big Spring, TX, 260° radials; Big Spring;

Abilene, TX; Bowie, TX; Bonham, TX; Paris,

TX; Texarkana, AR; Pine Bluff, AR; Marvell,

AR; Holly Springs, MS; Jacks Creek, TN;

Shelbyville, TN; Hinch Mountain, TN;

Volunteer, TN; Holston Mountain, TN;

Pulaski, VA; Roanoke, VA; Lynchburg, VA;

Flat Rock, VA; Richmond, VA; INT

Richmond 039° and Patuxent, MD, 228°

radials; Patuxent; Smyrna, DE; Cedar Lake,

NJ; Coyle, NJ; INT Coyle 036° and Kennedy,

NY, 209° radials; Kennedy; Deer Park, NY;

Calverton, NY; Norwich, CT; Boston, MA.

The airspace within Mexico and the airspace

below 2,000 feet MSL outside the United

States is excluded. The airspace within

Restricted Areas R–5002A, R–5002C, and

R–5002D is excluded during their times of

use. The airspace within Restricted Areas R–

4005 and R–4006 is excluded.

V–17 [Revised]

From Brownsville, TX, via Harlingen, TX;

McAllen, TX; 29 miles 12 AGL, 34 miles 25

MSL, 37 miles 12 AGL; Laredo, TX; Cotulla,

TX; INT Cotulla 046° and San Antonio, TX,

198° radials; San Antonio; Centex, TX; Waco,

TX; Glen Rose, TX; Millsap, TX; Bowie, TX;

Ardmore, OK; Will Rogers, OK; Gage, OK;

Garden City, KS; to Goodland, KS.

* * * * *

V–63 [Revised]

From Bowie, TX; Texoma, OK; McAlester,

OK; Razorback, AR; Springfield, MO;

Hallsville, MO; Quincy, IL; Burlington, IA;

Moline, IL; Davenport, IA; Rockford, IL;

Janesville, WI; Badger, WI; Oshkosh, WI;

Stevens Point, WI; Wausau, WI; Rhinelander,

WI; to Houghton, MI. Excluding that airspace

at and above 10,000 feet MSL from 5 NM

north to 46 NM north of Quincy during the

time that the Howard West MOA is activated

by NOTAM.

* * * * *

V–66 [Revised]

From Mission Bay, CA; Imperial, CA; 13

miles, 24 miles, 25 MSL; Bard, AZ; 12 miles,

35 MSL; INT Bard 089° and Gila Bend, AZ,

261° radials; 46 miles, 35 MSL; Gila Bend;

Tucson, AZ, 7 miles wide (3 miles south and

4 miles north of centerline); Douglas, AZ;

INT Douglas 064° and Columbus, NM, 277°

radials; Columbus; El Paso, TX; 6 miles wide;

INT El Paso 109° and Hudspeth 287° radials;

6 miles wide; Hudspeth; Pecos, TX; Midland,

TX; INT Midland 083° and Abilene, TX, 252°

radials; Abilene; to Millsap, TX.

* * * * *

V–69 [Revised]

From El Dorado, AR; Pine Bluff, AR; INT

Pine Bluff 038° and Walnut Ridge, AR, 187°

radials; Walnut Ridge; Farmington, MO;

Troy, IL; Capital, IL; Pontiac, IL; to Joliet, IL.

* * * * *

V–131 [Revised]

From Okmulgee, OK; Tulsa, OK; Chanute,

KS; to Topeka, KS.

* * * * *

V–163 [Revised]

From Matamoros, Mexico; via Brownsville,

TX; 27 miles standard width, 37 miles 7

miles wide (3 miles E and 4 miles W of

centerline); Corpus Christi, TX; Three Rivers,

TX; INT Three Rivers 345° and San Antonio,

TX, 168° radials; San Antonio; Lampasas, TX;

to Glen Rose, TX.

* * * * *

V–305 [Revised]

From El Dorado, AR; Little Rock, AR;

Walnut Ridge, AR; Malden, MO;

Cunningham, KY; Pocket City, IN; INT

Pocket City 046° and Hoosier, IN, 205°

radials; Hoosier; INT Hoosier 025° and

Brickyard, IN, l85° radials; Brickyard; INT

Brickyard 038° and Kokomo, IN, 182° radials;

Kokomo.

* * * * *

V–358 [Revised]

From San Antonio, TX, via Stonewall, TX;

Lampasas, TX; INT Lampasas 041° and Waco,

TX, 249° radials; Waco.

* * * * *

V–407 [Revised]

From Harlingen, TX; via INT Harlingen

006° and Corpus Christi, TX, 193° radials;

Corpus Christi; via INT Corpus Christi 039°

and Palacios, TX, 241° radials; Palacios; via

INT Palacios 017° and Humble, TX, 242°

radials; Humble; Daisetta, TX; Lufkin, TX;

Elm Grove, LA; to El Dorado, AR.

* * * * *

V–507 [Revised]

From Ardmore, OK; Will Rogers, OK, via

INT Will Rogers 284° and Gage, OK, 152°

radials; Gage; Liberal, KS; to Garden City, KS.

* * * * *

V–573 [Revised]

From Will Rogers, OK; INT Will Rogers

195° and Ardmore, OK, 327° radials;

Ardmore; Bonham, TX; Sulpher Springs, TX;

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61089

Texarkana, AR; INT Texarkana 037° and Hot

Springs, AR, 225° radials; Hot Springs; to

Little Rock, AR.

* * * * *

Issued in Washington, DC, on October 5,

2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–26512 Filed 10–13–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 383

[Docket No. OST 2000–8058]

RIN 2105–AC92

Civil Penalties

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Wendell H. Ford

Aviation Investment and Reform Act for

the 21st Century (AIR 21) revised

several civil penalty provisions

applicable to violations of the aviation

economic requirements of Title 49. By

this rule, the Department of

Transportation (Department) is

modifying its regulations to reflect these

revised civil penalties. This rule also

reviews those civil penalties unaffected

by the recent statutory amendments to

determine whether they should be

adjusted to recognize inflation that has

occurred since the adoption of part 383

in 1997. This review is required under

the Federal Civil Penalties Inflation

Adjustment Act of 1990 and the Debt

Collection Improvement Act of 1996.

EFFECTIVE DATE: This rule is effective on

November 15, 2000. However, the

statutory amendments it reflects became

effective on April 5, 2000, by their own

terms.

FOR FURTHER INFORMATION CONTACT:

Nicholas Lowry, Attorney, Office of

Aviation Enforcement and Proceedings

(C–70), Department of Transportation,

400 Seventh Street, SW., Washington,

DC 20590, (202) 366–9349.

SUPPLEMENTARY INFORMATION:

I. Civil Penalty Adjustments Required

by AIR 21.

The Wendell H. Ford Aviation

Investment and Reform Act for the 21st

Century (AIR 21) among other things

amended the statutory provisions

proscribing discriminatory practices in

air transportation and the civil penalties

for violations of those provisions.

Section 706 of AIR 21 creates a new

section 40127 of Title 49 which

specifically prohibits discrimination by

air carriers or foreign air carriers on the

basis of race, color, national origin,

religion, sex or ancestry. In addition,

section 707(a) of AIR 21 extended the

anti-discrimination provisions of 49

U.S.C. 41705, the Air Carrier Access

Act, which formerly applied only to air

carriers, to foreign air carriers, as well.

With respect to the civil penalties the

Department may impose, section 707(b)

of AIR 21 amended the provisions of 49

U.S.C. 46301(a)(3) to apply a $10,000

maximum civil penalty to each violation

of section 41705. In addition, section

222 of AIR 21 established $2,500 as the

maximum civil penalty amount for each

violation of section 40127 or 41712 (the

latter of which prohibits unfair and

deceptive trade practices and unfair

methods of competition).

The recent legislation does not affect

the civil penalty provisions applicable

to violations of all other aviation

economic requirements, or Department

rules or orders not proscribed or issued

under section 40127, 41705 or 41712.

For example, penalties for violations of

reporting requirements, cases involving

certain unauthorized operations, or

cases involving violations of other

Department orders or rules not issued

pursuant to the authority of 49 U.S.C.

40127, 41705, or 41712, remain at the

current level of $1,100 per violation

under AIR 21.

II. Inflation Adjustment of Other Civil

Penalty Provisions

The Debt Collection Improvement Act

of 1996 (Pub. L. 104–134, sec. 31001)

requires each agency to adjust each civil

monetary penalty within its jurisdiction

by the inflation adjustment described in

section 5 of the Federal Civil Penalties

Inflation Adjustment Act of 1990 (Pub.

L. 101–410). Section 5 requires the

adjustment to be rounded to the nearest

multiple of $1,000 for penalties greater

than $1,000 and less than or equal to

$10,000. The adjustment is to be the

percentage increase in the Consumer

Price Index (CPI) from June of the

calendar year in which the penalty was

last adjusted to June of the year

preceding the year in which the revision

is proposed. Under the 1996 act,

agencies are to review civil penalties

which they administer at least once

every four years. The civil penalties to

which the adjustment would apply here

are those civil penalty provisions not

affected by AIR 21, that is, penalties for

all violations other than cases involving

49 U.S.C. 40127, 41705, or 41712 or

regulations or orders issued thereunder.

Since the total inflation as measured

by the CPI between June 1997 and June

2000 was approximately 7 percent, an

appropriate increase in the civil penalty

amount would be $77. In view of the

rounding provision of the statute,

therefore, no adjustment of the civil

penalty amount is warranted at this

time.

III. Waiver of Notice of Proposed

Rulemaking

In developing this final rule, we are

waiving the usual notice of proposed

rulemaking and public comment

procedures set forth in the

Administrative Procedure Act (APA) (5

U.S.C. 553). The APA provides an

exception to the notice and comment

procedures when an agency finds there

is good cause for dispensing with such

procedures on the basis that they are

impracticable, unnecessary or contrary

to the public interest. We have

determined that under 5 U.S.C.

553(b)(3)(B) good cause exists for

dispensing with the notice of proposed

rulemaking and public comment

procedures for this rule. Specifically,

this rulemaking is required by the

Wendell H. Ford Aviation Investment

and Reform Act for the 21st Century, the

Federal Civil Penalties Inflation

Adjustment Act of 1990, and the Debt

Collection Improvement Act of 1996,

with no issues of policy discretion.

Accordingly, we believe that

opportunity for prior comment is

unnecessary and contrary to the public

interest, and are issuing these revised

regulations as a final rule.

IV. Regulatory Impact Statement

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule has been evaluated in

accordance with the existing policies

and procedures and is considered to be

not significant under both Executive

Order 12866 and DOT Regulatory

Policies and Procedures. The final rule

is exempt from review by the Office of

Management and Budget (OMB) in

accordance with the provisions of

Executive Order 12866, because it is

limited to the adoption of statutory

language, without interpretation. This

final rule amends the regulations

implementing the civil penalty

provisions to comply with AIR–21 and

reviews the civil penalties unaffected by

the recent statutory amendments to

determine if inflation adjustments are

necessary in accordance with Federal

Civil Penalties Inflation Adjustment Act

and the Debt Collection Improvement

Act. This rule simply adjusts or sets

penalties for those who violate the

regulations. As a result, we have

determined that there are no economic

consequences flowing from this rule.