This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

43971 

Vol. 78, No. 141 

Tuesday, July 23, 2013 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1201 

Practices and Procedures 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Final rule. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or the Board) is amending 

its rules of practice and procedure to 

reflect the relocation of its Washington 

Regional Office. 

DATES: Effective July 29, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William D. Spencer, Clerk of the Board, 

Merit Systems Protection Board, 1615 M 

Street NW., Washington, DC 20419; 

phone: (202) 653–7200; fax: (202) 653– 

7130; or email: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: On July 

26, 2013, MSPB will relocate its 

Washington Regional Office from 1800 

Diagonal Road, Alexandria, Virginia, to 

1901 S. Bell Street, Arlington, Virginia. 

Appendix II of this part is amended to 

show the new address. The facsimile 

number and the geographical areas 

served by the Washington Regional 

Office are unchanged. The Board is 

publishing this as a final rule pursuant 

to 5 U.S.C. 1204(h). 

List of Subjects in 5 CFR Part 1201 

Administrative practice and 

procedure. 

Accordingly, the Board amends 5 CFR 

part 1201 as follows: 

PART 1201—PRACTICES AND 

PROCEDURES 

■ 1. The authority citation for part 1201 

continues to read as follows: 

Authority: 5 U.S.C. 1204, 1305, and 7701, 

and 38 U.S.C. 4331, unless otherwise noted. 

Appendix II to Part 1201 [Amended] 

› 2. Amend Appendix II to part 1201 in item 

4. by removing ‘‘1800 Diagonal Road, 

Alexandria, Virginia 22314’’ and adding, in 

its place, ‘‘1901 S. Bell Street, Arlington, 

Virginia 22202’’. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2013–17592 Filed 7–22–13; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0609; Airspace 

Docket No. 13–ASO–15] 

Amendment of Class E Airspace; TriCities, TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for the Tri-Cities, TN area, by 

correcting the regulatory text of the 

Class E surface airspace at Tri-Cities 

Regional Airport, Tri-Cities, TN. 

Exclusionary language was omitted in 

the final rule published in the Federal 

Register of February 5, 2013, This action 

is necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations in the Tri-Cities area. 

DATES: Effective date: 0901 UTC July 23, 

2013. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

History 

On February 5, 2013, the FAA 

published in the Federal Register a final 

rule amending Class D and E airspace in 

the Tri-Cities, TN, area (78 FR 7993). 

The line defining the exclusion of 

controlled airspace surrounding the 

Edwards Heliport in the Class E surface 

area airspace description for Tri-Cities 

Regional Airport, Tri-Cities, TN, was 

erroneously omitted. Since any delay in 

correcting the controlled airspace in 

order to seek public comment would be 

inconsistent with the agency’s safety 

mandate, action is taken herein to 

include the corrective language. Since 

the regulatory text, as currently 

described, penetrates the controlled 

airspace of Edwards Heliport, 

immediate corrective action is required 

in the interest of flight safety. Therefore, 

I find that notice and public procedures 

under 5 U.S.C. 553(b) is impracticable 

and contrary to the public interest. Also, 

in consideration of the need to include 

this exclusion of controlled airspace for 

Tri-cities Regional Airport and to avoid 

confusion on the part of pilots flying in 

the vicinity of Tri-Cities, TN, the FAA 

finds good cause, pursuant to 5 U.S.C. 

553(d), for making this amendment 

effective in less than 30 days in order to 

promote the safe and efficient handling 

of air traffic in the area. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E surface airspace at TriCities Regional Airport, Tri-Cities, TN, 

by inserting in the regulatory text the 

exclusion of the 2.5-mile radius 

surrounding Edwards Heliport. 

The Class E airspace designations are 

published in Paragraph 6002 of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

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. 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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 


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43972 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations 

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 Class E airspace at Tri-Cities 

Regional Airport, Tri-Cities, TN. 

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. 

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: 

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(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 Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas 

* * * * * 

ASO TN E2 Tri-Cities, TN [Amended] 

Tri-Cities Regional Airport, TN/VA 

(Lat. 36°28′31′′ N., long. 82°24′27′′ W.) 

Edwards Heliport, TN 

(Lat. 36°25′57′′ N., long. 82°17′37′′ W.) 

That airspace extending upward from the 

surface within a 6.8-mile radius of Tri-Cities 

Regional Airport, excluding the 2.5-mile 

radius of Edwards Heliport. This Class E 

airspace area is effective during the specific 

days and times established in advance by a 

Notice to Airmen. The effective days and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in College Park, Georgia, on July 10, 

2013. 

Jack Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–17256 Filed 7–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 736 and 746 

[Docket No. 130627574–3574–01] 

RIN 0694–AF94 

Amendments to the Export 

Administration Regulations: 

Implementation of Limited Syria 

Waiver for Reconstruction Assistance 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) amends the Export 

Administration Regulations (EAR) to 

implement a limited waiver, published 

by the Secretary of State on June 12, 

2013, of the Syria Accountability and 

Lebanese Sovereignty Restoration Act of 

2003 (the SAA). The waiver authorizes 

BIS to issue licenses on a case-by-case 

basis for the export or reexport of 

certain commodities, software, and 

technology necessary for the support of 

the Syrian people. Specifically, 

consistent with Section 5(b) of the SAA, 

Executive Order 13338 of May 11, 2004 

and the International Emergency 

Economic Powers Act (IEEPA), BIS 

implements the waiver by amending its 

Syria licensing policy under the EAR. 

BIS will review licenses on a case-bycase basis for the export or reexport of 

certain commodities, software, and 

technology, including, but not limited 

to, those related to water supply and 

sanitation, agricultural production and 

food processing, power generation, oil 

and gas production, construction and 

engineering, transportation, and 

educational infrastructure, as a means of 

helping to address the critical needs of 

the Syrian people and facilitating 

reconstruction. These exports are 

necessary to support a political 

transition, restore stability, and counter 

destabilizing influences in the region, 

and are therefore essential to the 

national security of the United States. 

DATES: This rule is effective July 23, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Steven Schrader, Senior Export Policy 

Analyst, Foreign Policy Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, by phone (202) 482–1338 or by 

email Steven.Schrader@bis.doc.gov or 

the BIS Foreign Policy Division at (202) 

482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

In the Syria Accountability and 

Lebanese Sovereignty Restoration Act of 

2003 (Pub. L. 108–175, codified as a 

note to 22 U.S.C. 2151) (the SAA), the 

United States addressed the Syrian 

government’s support for terrorist 

groups, its military presence in 

Lebanon, its pursuit of weapons of mass 

destruction, and its actions to 

undermine U.S. and international efforts 

with respect to the stabilization and 

reconstruction of Iraq (Section 5(a) and 

(d)). Section 5(a)(1) of the SAA requires 

the President to prohibit the export to 

Syria of all items on the Commerce 

Control List (15 CFR Part 774). The SAA 

also requires the President to impose 

two or more of the six additional 

sanctions set forth in Section 5(a)(2)(A)– 

(F). 

The President implemented those 

sanctions through Executive Order (EO) 

13338 of May 11, 2004, which includes 

an additional sanction prohibiting the 

export to Syria of products of the United 

States other than food and medicine. 

However, the President exercised 

national security waiver authority 

pursuant to Section 5(b) of the SAA, 

which authorized certain transactions 

under BIS license and delegated his 

authority to issue additional waivers to 

the Secretary of State. 

In accordance with this EO, BIS 

implemented sanctions on Syria by 

issuing General Order No. 2 to 

Supplement No. 1 to Part 736 of the 

Export Administration Regulations 

(EAR). See 69 FR 26766 (May 14, 2004). 

In addition, BIS later made 

administrative changes to General Order 

No. 2 and § 746.9 of the EAR to facilitate 

compliance with the comprehensive 

U.S. sanctions on Syria. See 74 FR 

77115 (Dec. 12, 2011). 

On June 12, 2013, the Secretary of 

State exercised authority delegated to 

him by the President in Section 9 of EO 

13338 to waive the application of 

specific sanctions imposed on Syria 

pursuant to the SAA. This rule 


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