Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations 14909 

adhering hulls or defective shells are 

determined by count, using an adequate 

portion of the total sample. Finally, the 

nuts in that portion of the sample are 

cracked and the percentage having 

internal defects is determined on the 

basis of weight. 

Dated: February 28, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–05436 Filed 3–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1230 

[Doc. No. AMS–LS–07–0143] 

Pork Promotion, Research, and 

Consumer Information Program; 

Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This document summarizes 

the results of an Agricultural Marketing 

Service (AMS) review of the Pork 

Promotion, Research, and Consumer 

Information Program (Program), 

commonly known as the Pork Checkoff 

Program, under the criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA). Based upon this review, 

AMS concluded that there is a 

continued need for the Pork Promotion, 

Research, and Consumer Information 

Order (Order). Copies of the review 

performed by AMS are available to 

interested parties. 

DATES: Effective March 8, 2013. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should be sent to Kenneth R. 

Payne, Director, Marketing Programs 

Division, Livestock and Seed Program, 

AMS, USDA, Room 2628–S, STOP 0251, 

1400 Independence Avenue SW, 

Washington, DC 20250–0251 or email 

Kenneth.Payne@ams.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth R. Payne, Director, Marketing 

Programs Division, Livestock and Seed 

Program, AMS, USDA, Room 2628–S, 

STOP 0251, 1400 Independence Avenue 

SW, Washington, DC 20250–0251 or 

email Kenneth.Payne@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The Order 

(7 CFR Part 1230) is authorized under 

the Pork Promotion, Research, and 

Consumer Information Act of 1985 (Act) 

(7 U.S.C. 4801–4819). As part of a 

comprehensive strategy to strengthen 

the pork industry’s position in the 

marketplace, this national pork Program 

maintains and expands existing 

domestic and foreign markets and 

develops new markets for pork and pork 

products. The Program is funded by a 

mandatory assessment of $0.40 perhundred-dollars of market value. Nearly 

all producers, with few exceptions, 

owning and marketing swine, regardless 

of the size of their operation or the value 

of their swine, must pay the assessment. 

A comparable assessment is collected 

on all imported swine, pork, and pork 

products. Assessments collected under 

this Program are used for promotion, 

research, consumer information, and 

industry information. 

The Program is administered by the 

National Pork Board (Board), which is 

composed of 15 producer members. 

Board members serve 3-year terms, but 

no individual may serve more than two 

consecutive 3-year terms. Producer 

members are selected by the National 

Pork Producers Delegate Body, a group 

of producer and importer members that 

represent all 50 States and importers. 

The Program became effective on 

September 5, 1986, when the Order was 

issued. Assessments began on 

November 1, 1986. 

On February 18, 1999, AMS 

published in the Federal Register (64 

FR 8014) its plan to review certain 

regulations. On January 4, 2002, AMS 

published in the Federal Register (67 

FR 525) an update to its plan to review 

regulations, including the Pork 

Promotion and Research Program, 

which is conducted under the Order, 

under criteria contained in section 610 

of the RFA (5 USC 601–612). Additional 

updates were provided on August 14, 

2003, in the Federal Register (68 FR 

48575) and on March 24, 2006, in the 

Federal Register (71 FR 14827). Because 

many AMS regulations impact small 

entities, AMS decided, as a matter of 

policy, certain regulations warranted 

review, although they may not meet the 

threshold requirement under section 

610 of the RFA. 

The reviews are being conducted over 

a ten-year period under section 610 of 

the RFA. The Program was reviewed for 

the purpose of determining whether it 

should be continued without change, or 

should be amended, rescinded, or 

terminated (consistent with the 

objectives of applicable statutes) to 

minimize the impacts on small entities. 

AMS published a notice for review 

and request for written comments on the 

Order in the March 27, 2008, issue of 

the Federal Register (73 FR 16218). 

Comments were due May 27, 2008. 

USDA received one comment generally 

opposing the Program, which did not 

specifically address the criteria 

provided under section 610 of the RFA. 

The review was undertaken to 

determine whether the Order should be 

continued without change, amended, or 

rescinded (consistent with the 

objectives of the Act) to minimize the 

impacts on small entities. In conducting 

this review and using the guidance set 

forth in section 610 of the RFA, AMS 

considered the following factors: (1) The 

continued need for the Order; (2) the 

nature of complaints or comments 

received from the public concerning the 

Order; (3) the complexity of the Order; 

(4) the extent to which the Order 

overlaps, duplicates, or conflicts with 

other Federal rules, and, to the extent 

feasible, with State and local 

governmental rules; and (5) the length of 

time since the Order has been evaluated 

or the degree to which technology, 

economic conditions or other factors 

have changed in the area affected by the 

Order. 

Based upon this review, AMS has 

concluded that there is continued need 

for the Order. AMS plans to continue 

working with the pork industry in 

maintaining an effective program. 

Interested parties may request a copy of 

the review by AMS as set forth in this 

Confirmation of Regulations. 

Authority: 7 U.S.C. 4801–4819. 

Dated: February 28, 2013. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–05432 Filed 3–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0079; Airspace 

Docket No. 13–AWA–1] 

RIN 2120–AA66 

Amendment of Class B Airspace 

Description; Houston, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends the 

description of the Houston, TX, Class B 

airspace area by changing the airport 

reference for describing the William P. 

Hobby Airport in the Class B airspace 

header from ‘‘Secondary Airport’’ to 

‘‘Primary Airport.’’ This change is 

editorial only and does not alter the 


tkelley on DSK3SPTVN1PROD with RULES
14910 Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations 

current charted boundaries or altitudes 

or ATC procedures for the Houston 

Class B airspace area. 

DATES: Effective date: April 8, 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: 

Colby Abbott, Airspace Policy and ATC 

Procedures Group, Office of Mission 

Airspace Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1973, the FAA issued a final rule 

(38 FR 31286, November 13, 1973) 

which established the Houston 

Terminal Control Area (TCA), with an 

effective date of March 28, 1974. The 

Houston TCA listed the Houston 

Intercontinental Airport (later renamed 

the George Bush Intercontinental 

Airport) as the primary airport. In 1987, 

to further reduce the risk of midair 

collision in the Houston terminal areas 

and promote the efficient control of air 

traffic, the FAA issued a final rule (52 

FR 1418, January 13, 1987) which 

established the William P. Hobby 

Airport, Airport Radar Service Area 

(ARSA) next to and under the existing 

Houston TCA airspace. Then, in 1992, 

to better accommodate current traffic 

flows and provide a greater degree of 

safety in known areas of congestion 

involving controlled IFR and 

uncontrolled VFR operations, the FAA 

issued a final rule (57 FR 30818, July 10, 

1992) and a final rule; correction (57 FR 

40095, September 2, 1992) which 

amended the Houston TCA 

configuration, listed two primary 

airports (Houston Intercontinental 

Airport and William P. Hobby Airport) 

in the Houston TCA description, and 

rescinded the William P. Hobby Airport 

ARSA concurrently. As a result of the 

Airspace Reclassification final rule (56 

FR 65638, December 17, 1991), which 

became effective on September 16, 1993, 

the term ‘‘terminal control area’’ was 

replaced by ‘‘Class B airspace area.’’ 

In 1998, the FAA issued a final rule 

(63 FR 4162, January 28, 1998) further 

amending the Houston Class B airspace 

area to enhance safety, reduce the 

potential for midair collision, and better 

manage the air traffic operations into, 

out of, and through Houston Class B 

airspace. However, the airport reference 

for describing William P. Hobby Airport 

in the Class B airspace header was 

inadvertently changed from ‘‘Primary 

Airport’’ to ‘‘Secondary Airport.’’ The 

unintended consequence of this 

inadvertent change has led to questions 

and concerns regarding the 30-nautical 

mile (NM) Mode C veil that is charted 

around the Houston terminal airspace 

area, as well as why William P. Hobby 

Airport is listed as a secondary airport 

and what that means. The charted 

depiction of the Mode C veil 

surrounding the George Bush 

Intercontinental Airport and William P. 

Hobby Airport is correct with no change 

to the existing charted boundaries. 

Additionally, the FAA does not define 

what a secondary airport is, nor is that 

description used to identify airports in 

any other Class B or Class C airspace 

areas. 

The FAA is changing the airport 

reference for William P. Hobby Airport 

in the Houston Class B airspace header 

to ‘‘Primary Airport,’’ reflecting the 

FAA’s original intent for the Houston 

Class B airspace area to encompass two 

primary airports, George Bush 

Intercontinental Airport and William P. 

Hobby Airport, as specified in the final 

rule (57 FR 30818, July 10, 1992) and 

final rule; correction (57 FR 40095, 

September 2, 1992). Additionally, the 

FAA plans to add the William P. Hobby 

Airport to the list of airports identified 

in Title 14 of the Code of Federal 

Regulations, Part 91, Appendix D, 

Section 1, in a separate rulemaking 

action. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by editing the Houston, TX, Class B 

airspace description changing the 

airport reference for William P. Hobby 

Airport listed in the header from 

‘‘Secondary Airport’’ to ‘‘Primary 

Airport.’’ This editorial change does not 

alter the currently charted boundaries or 

altitudes or ATC procedures for the 

Houston Class B airspace area. The FAA 

is taking this action to correctly describe 

the primary airports listed in the 

Houston Class B airspace area, resolve 

issues associated with William P. Hobby 

Airport having been described as a 

‘‘Secondary Airport,’’ and reaffirms the 

currently charted boundary of the Mode 

C veil around the Houston terminal 

airspace area is correct, as originally 

intended by the FAA. 

Class B airspace areas are published 

in paragraph 3000 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 B airspace area listed in 

this document will be published 

subsequently in the Order. 

Because the amendment does not 

affect the boundaries, designated 

altitudes, or activities conducted within 

the Class B airspace area, Houston, TX, 

I find that notice and public procedures 

under 5 U.S.C. 553(b) are unnecessary. 

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 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, 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 United States Code. 

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 the 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 makes editorial corrections to an 

existing Class B airspace description to 

maintain accuracy. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311a, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ This 

airspace action is an editorial change 

only and 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). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations 14911 

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 FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, signed August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 3000 Subpart B—Class B Airspace 

* * * * * 

ASW TX B Houston, TX [Amended] 

George Bush Intercontinental Airport (IAH) 

(Primary Airport) 

(Lat. 29°59′04′′ N., long. 95°20′29′′ W.) 

William P. Hobby Airport (HOU) (Primary 

Airport) 

(Lat. 29°38′44′′ N., long. 95°16′44′′ W.) 

Ellington Field (EFD) 

(Lat. 29°36′26′′ N., long. 95°09′32′′ W.) 

Humble VORTAC (IAH) 

(Lat. 29°57′25′′ N., long. 95°20′45′′ W.) 

Point of Origin 

(Lat. 29°39′01′′ N., long. 95°16′45′′ W.) 

Boundaries 

* * * * * 

Issued in Washington, DC, on February 21, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–04891 Filed 3–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0655; Airspace 

Docket No. 12–AGL–6] 

Amendment of Class E Airspace; Hot 

Springs, SD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Hot Springs, SD. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at Hot Springs Municipal 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rule (IFR) 

operations at the airport. Geographic 

coordinates of the airport are also 

updated. 

DATES: Effective date: 0901 UTC, June 

27, 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: 

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: 

History 

On November 16, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the Hot 

Springs, SD, area, creating additional 

controlled airspace at Hot Springs 

Municipal Airport (77 FR 68716) Docket 

No. FAA–2012–0655. 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 6005 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 the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 

to the north of the airport to 

accommodate new standard instrument 

approach procedures at Hot Springs 

Municipal Airport, Hot Springs, SD. 

This action is necessary for the safety 

and management of IFR operations at 

the airport. Geographic coordinates of 

the airport are updated to coincide with 

the FAA’s aeronautical database. 

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 amends 

controlled airspace at Hot Springs 

Municipal Airport, Hot Springs, SD. 

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. 


tkelley on DSK3SPTVN1PROD with RULES