Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Rules and Regulations 49721 

The FAA believes that lowering this 

airspace is outside the scope of this 

rulemaking action and would not serve 

the immediate purpose of establishing 

the airspace necessary for the safety of 

aircraft within the Chenega Bay, airport 

area. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface, 

at Chenega Bay Airport, to 

accommodate IFR aircraft executing 

new RNAV (GPS) standard instrument 

approach procedures at the airport. This 

action is necessary for the safety and 

management of IFR operations. 

The FAA has determined 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 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 

discusses 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 establishes 

controlled airspace at Chenega Bay 

Airport, AK. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. 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. 

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 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AAL AK E5 Chenega Bay, AK [New] 

Chenega Bay Airport, AK 

(Lat. 60°04′43′′ N., long. 147°59′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 2-mile radius 

of the Chenega Bay Airport, and that airspace 

beginning at the intersection of the 2-mile 

radius of the airport and 170° bearing of 

Chenega Bay Airport to lat. 60°02′17′′ N., 

long. 147°39′07′′ W.; to lat. 60°05′06′′ N., 

long. 147°28′33′′ W.; to lat. 60°11′41′′ N., 

long. 147°37′16′′ W.; thence to the 

intersection of the 2-mile radius of Chenega 

Bay Airport and 353° bearing of the airport. 

Issued in Seattle, Washington, on August 6, 

2012. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2012–20139 Filed 8–16–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 111012619–2294–04] 

RIN 0691–AA81 

International Services Surveys and 

Direct Investment Surveys Reporting 

AGENCY: Bureau of Economic Analysis. 

ACTION: Notice of clarification. 

SUMMARY: The Bureau of Economic 

Analysis (BEA) issues this document to 

clarify for the public a rule BEA 

published in April 2012 that set out new 

procedures BEA will follow to collect 

data on international trade in services 

and direct investment surveys. The 

surveys are provided for by the 

International Investment and Trade in 

Services Survey Act (the Act) and the 

Omnibus Trade and Competitiveness 

Act of 1988. Specifically, BEA clarifies 

that the previously issued rule does not 

have retroactive effect, and that those 

entities required to complete surveys 

that BEA is currently conducting based 

on rules creating those surveys—the 

2011 BE–11, 2011 BE–15, 2012 BE–12, 

2012 BE–29, 2012 BE–120, and all 2012 

quarterly surveys—must still complete 

those surveys. 

DATES: August 17, 2012. 

FOR FURTHER INFORMATION CONTACT: 

David H. Galler, Chief, Direct 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

email David.Galler@bea.gov or phone 

(202) 606–9835. 

SUPPLEMENTARY INFORMATION: The 

International Investment and Trade in 

Services Survey Act (the Act) and the 

Omnibus Trade and Competitiveness 

Act of 1988 both require BEA to collect 

comprehensive and reliable information 

on international trade in services and 

direct investment from all U.S. persons 

coming within the reporting 

requirements. For many years, BEA 

conducted these surveys only after 

implementing the surveys through 

notice and comment rulemaking 

procedures. See, e.g., Direct Investment 

Surveys: BE–12, Benchmark Survey of 

Foreign Direct Investment in the United 

States at 76 FR 79054 (December 21, 

2011) or International Services Surveys: 

BE–150, Quarterly Survey of CrossBorder Credit, Debit, and Charge Card 

Transactions at 77 FR 10958 (February 

24, 2012). Issuing the surveys using the 

notice and comment procedures of the 

Administrative Procedure Act, 5 U.S.C. 

553 (APA) provided all potential filers 


tkelley on DSK3SPTVN1PROD with RULES
49722 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Rules and Regulations 

with constructive notice of the surveys 

as well as of their requirement to 

complete them. See 44 U.S.C. 1507 

(filing a document with the Federal 

Register ‘‘is sufficient to give notice of 

the contents of the document to the 

person subject to or affected by it’’). 

However, issuing surveys through 

notice and comment was not required 

by statute. Additionally, over time BEA 

found that going through the notice and 

comment requirements of the APA to 

prepare and issue surveys on a routine 

basis was time-consuming, and 

determined that it could collect such 

information just as, or perhaps more, 

efficiently by issuing the surveys 

through notices, rather than through 

individual rulemakings, and by 

informing respondents directly of the 

need to complete the surveys. See 77 FR 

772 (January 6, 2012). 

To make this change, on April 24, 

2012, BEA published in the Federal 

Register a final rule titled, 

‘‘International Services Surveys and 

Direct Investment Surveys Reporting,’’ 

77 FR 24373. That rule amended BEA’s 

regulations at 15 CFR parts 801–807, 

and stated that BEA will no longer issue 

most surveys required under the Act or 

the Omnibus Trade and 

Competitiveness Act of 1988 following 

notice and comment rulemaking 

procedures under the APA. BEA will 

now, going forward, issue notices of its 

surveys in the Federal Register and 

individually to U.S. persons required to 

complete the surveys. See 15 CFR 801.3. 

The purpose of this notice is to clarify 

to respondents that the final rule did not 

alter any pre-existing response 

obligations; that is, the rule amending 

BEA’s regulations at 15 CFR parts 801– 

807 does not have retroactive effect. We 

also note that the APA generally 

prohibits an agency from implementing 

a rule with retroactive effect. Direct 

investment and international trade in 

services surveys that BEA is currently 

conducting will continue to operate 

under the regulations established under 

their most recent rulemaking action 

prior to April 24, 2012. For example, 

entities required by former 15 CFR 

806.14 to complete the BE–11 Annual 

Survey of U.S. Direct Investment 

Abroad (see 75 FR 80294) for fiscal year 

2011 are not freed of that obligation 

until they receive notice from BEA of a 

new BE–11 survey. The new procedures 

for implementing surveys through 

notices in the Federal Register and 

through direct notices to respondents 

will be used only for surveys issued 

after the April 24, 2012 final rule. 

Accordingly, BEA’s new survey 

procedures only apply to surveys it will 

issue in the future, not to those that it 

issued prior to April 24, 2012 following 

notice and comment rulemaking 

according to the APA. 

Dated: August 9, 2012. 

Joel D. Platt, 

Acting Director, Bureau of Economic 

Analysis. 

[FR Doc. 2012–20147 Filed 8–16–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2007–0066] 

RIN 1218–AC61 

Cranes and Derricks in Construction: 

Demolition and Underground 

Construction 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Direct final rule. 

SUMMARY: On August 9, 2010, OSHA 

issued a final standard updating the 

requirements for cranes and derricks 

used in construction work. For most 

construction work, the final rule 

replaced a prior cranes and derricks 

standard. However, the prior standard 

continues to apply to demolition and 

underground construction work. 

Through this direct final rule, OSHA is 

applying the updated requirements to 

that work. With this direct final rule, 

OSHA also is correcting inadvertent 

errors made to the demolition and 

underground construction standards 

when it issued the final rule for cranes 

and derricks in construction. 

DATES: This direct final rule will 

become effective on November 15, 2012 

unless OSHA receives a significant 

adverse comment to this direct final rule 

or the companion proposal by 

September 17, 2012. If OSHA receives 

adverse comment, it will publish a 

timely withdrawal of the rule in the 

Federal Register. Submit comments to 

this direct final rule, including 

comments to the information-collection 

(paperwork) determination (described 

under the section titled AGENCY 

DETERMINATIONS), hearing requests, 

and other information by September 17, 

2012. All submissions must bear a 

postmark or provide other evidence of 

the submission date. 

ADDRESSES: Submit comments, hearing 

requests, and other material, identified 

by Docket No. OSHA–2007–0066, by 

any of the following methods: 

Electronically: Submit comments and 

attachments, as well as hearing requests 

and other information, electronically at 

http://www.regulations.gov, which is 

the Federal e-Rulemaking Portal. Follow 

the instructions online for submitting 

comments. Please note that this docket 

may include several different Federal 

Register notices involving active 

rulemakings, so selecting the correct 

notice or its ID number when submitting 

comments for this rulemaking is 

extremely important. After accessing the 

docket (OSHA–2007–0066), look for the 

name of this rulemaking (Cranes and 

Derricks in Construction: Demolition 

and Underground Construction) in the 

column labeled ‘‘Title.’’ 

Facsimile: OSHA allows facsimile 

transmission of comments that are 10 

pages or fewer in length (including 

attachments). Fax these documents to 

the OSHA Docket Office at (202) 693– 

1648. OSHA does not require hard 

copies of these documents. Instead of 

transmitting facsimile copies of 

attachments that supplement these 

documents (e.g., studies, journal 

articles), commenters must submit these 

attachments to the OSHA Docket Office, 

Technical Data Center, Room N–2625, 

OSHA, U.S. Department of Labor, 200 

Constitution Ave. NW., Washington, DC 

20210. These attachments must clearly 

identify the sender’s name, the date, 

subject, the title of the rulemaking 

(Cranes and Derricks in Construction: 

Demolition and Underground 

Construction) and the docket number 

(OSHA–2007–0066) so that the Docket 

Office can attach them to the 

appropriate document. 

Regular mail, express delivery, hand 

(courier) delivery, and messenger 

service: Submit comments and any 

additional material to the OSHA Docket 

Office, RIN No. 1218–AC61, Technical 

Data Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210; 

telephone: (202) 693–2350. (OSHA’s 

TTY number is (877) 889–5627). Contact 

the OSHA Docket Office for information 

about security procedures concerning 

delivery of materials by express 

delivery, hand delivery, and messenger 

service. The Docket Office will accept 

deliveries (express delivery, hand 

delivery, messenger service) during the 

Docket Office’s normal business hours, 

8:15 a.m. to 4:45 p.m., e.t. 

Instructions: All submissions must 

include the Agency’s name, the title of 

the rulemaking (Cranes and Derricks in 

Construction: Demolition and 

Underground Construction), and the 

docket number (i.e., OSHA Docket No. 

OSHA–2007–0066). OSHA will place 

comments and other material, including 


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