Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 31397 

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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012 is 

amended as follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

ANM OR D Portland-Hillsboro, OR 

[Modified] 

Portland-Hillsboro Airport, OR 

(Lat. 45°32′26′′ N., long. 122°57′01′′ W.) 

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 4.2-mile radius of PortlandHillsboro Airport. This Class D airspace area 

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. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM OR E2 Portland-Hillsboro, OR 

[Modified] 

Portland-Hillsboro Airport, OR 

(Lat. 45°32′26′′ N., long. 122°57′01′′ W.) 

That airspace extending upward from the 

surface within a 4.2-mile radius of PortlandHillsboro Airport. This Class E airspace area 

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. 

Paragraph 6004 Class E airspace areas 

designated as an extension to Class D surface 

area. 

* * * * * 

ANM OR E4 Portland-Hillsboro, OR 

[Modified] 

Portland-Hillsboro Airport, OR 

(Lat. 45°32′26′′ N., long. 122°57′01′′ W.) 

That airspace extending upward from the 

surface within 1 mile each side of the 144° 

bearing of the airport extending from the 4.2- 

mile radius to 5.5 miles southeast of the 

airport and within 1.5 miles each side of the 

323° bearing of the airport extending from the 

4.2-mile radius of the airport to 7 miles 

northwest of the airport. 

Issued in Seattle, Washington, on May 12, 

2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–12314 Filed 5–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0051; Airspace 

Docket No. 13–ANM–2] 

Establishment of Class E Airspace; 

Cherokee, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at the Cherokee VHF OmniDirectional Radio Range/Distance 

Measuring Equipment (VOR/DME) 

navigation aid, Cherokee, WY, to 

facilitate vectoring of Instrument Flight 

Rules (IFR) aircraft under control of 

Denver and Salt Lake City Air Route 

Traffic Control Centers (ARTCCs). This 

improves the safety and management of 

IFR operations within the National 

Airspace System. 

DATES: Effective date, 0901 UTC, August 

22, 2013. 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On March 4, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish controlled airspace at 

Cherokee, WY (78 FR 14032). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6006, of FAA 

Order 7400.9W dated August 8, 2012, 

and effective September 15, 2012, 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 that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E en route domestic 

airspace extending upward from 1,200 

feet above the surface, at the Cherokee 

VOR/DME navigation aid, Cherokee, 

WY, to accommodate IFR aircraft under 

control of Denver and Salt Lake City 

ARTCCs by vectoring aircraft from en 

route airspace to terminal areas. 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 

mstockstill on DSK4VPTVN1PROD with RULES

31398 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at the Cherokee 

VOR/DME navigation aid, Cherokee, 

WY. 

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 part 71.1 of the 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 6006 En route domestic airspace 

areas. 

* * * * * 

ANM WY E6 Cherokee, WY [New] 

Cherokee VOR/DME, WY 

(Lat. 41°45′21′′ N., long. 107°34′55′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 39°59′03′′ N., long. 

110°43′27′′ W.; to lat. 40°21′23′′ N., long. 

109°42′25′′ W.; to lat. 41°10′22′′ N., long. 

109°42′26′′ W.; to lat. 42°15′53′′ N., long. 

108°06′44′′ W.; to lat. 42°52′37′′ N., long. 

107°47′58′′ W.; to lat. 43°01′57′′ N., long. 

107°06′08′′ W.; to lat. 42°23′15′′ N., long. 

106°50′11′′ W.; to lat. 41°49′09′′ N., long. 

105°41′46′′ W.; to lat. 40°33′32′′ N., long. 

105°37′50′′ W.; to lat. 40°36′40′′ N., long. 

108°02′31′′ W.; to lat. 39°26′08′′ N., long. 

110°01′37′′ W.; to lat. 39°37′44′′ N., long. 

111°07′28′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on May 12, 

2013. 

Clark Desing, 

Manager, Operations Support Group. Western 

Service Center. 

[FR Doc. 2013–12313 Filed 5–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 42 

RIN 1400–AD39 

[Public Notice 8332] 

Visas: Documentation of Immigrants 

Under the Immigration and Nationality 

Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

amends its regulations to eliminate the 

use of Form OF–224 as a method of 

recording an alien’s entitlement to an 

immigrant visa classification. Due to the 

availability of automated systems at all 

immigrant visa-issuing posts, this 

entitlement is now recorded 

automatically, rendering the use of 

Form OF–224 unnecessary and obsolete. 

DATES: This rule is effective May 24, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Taylor W. Beaumont, Legislation and 

Regulations Division, Legal Affairs, 

Office of Visa Services, Bureau of 

Consular Affairs, Department of State, 

2401 E Street NW., Room L–603D, 

Washington, DC 20520–0106, (202) 663– 

2951, email (BeaumontTW@state.gov). 

SUPPLEMENTARY INFORMATION: This rule 

eliminates the use of Form OF–224, 

Immigrant Visa Control Card, as a 

method of recording an alien’s 

entitlement to an immigrant visa 

classification. Section 203(e)(3) of the 

Immigration and Nationality Act (INA) 

requires the Department of State to 

prescribe regulations to maintain 

waiting lists of applicants for immigrant 

visas. In accordance with this provision, 

22 CFR 42.52 was amended in 1988 to 

require consular officers to record that 

an alien is entitled to an immigrant visa 

classification, either on Form OF–224 or 

through the automated system in use at 

selected posts. As all immigrant-visa 

issuing posts now use an automated 

system, consular officers no longer use 

Form OF–224, making that part of the 

rule obsolete. 

Regulatory Findings 

A. Administrative Procedure Act 

The Department is publishing this 

rule as a final rule based on its 

determination that this rulemaking 

relates to a matter relating to agency 

management, in that this rulemaking 

involves non-substantive changes to 

procedures. The Department does not 

expect any public comment. Since the 

rule is exempt from the provisions of 5 

U.S.C. 553, it will be effective 

immediately. 

B. Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department has reviewed 

this regulation and certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. The Unfunded Mandates Reform Act 

of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, 109 Stat. 48, 2 U.S.C. 1532, 

generally requires agencies to prepare a 

statement before proposing any rule that 

may result in an annual expenditure of 

$100 million or more by State, local, or 

tribal governments, or by the private 

sector. This rule will not result in any 

such expenditure, nor will it 

significantly or uniquely affect small 

governments. 

D. The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. 

E. Executive Order 12866: Regulatory 

Planning and Review 

The Department has reviewed this 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in Executive Order 12866. 

Consistent with Executive Order 12866, 

the Department does not consider the 

rule to be an significant action as 

defined by the Executive Order. 

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