33682 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class D and E airspace designations 

are published in paragraph 5000 and 

6005, respectively, of FAA Order 

7400.9T signed August 27, 2009, and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class D and 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 

amending Class D airspace extending 

upward from the surface to and 

including 4,500 feet MSL within a 6- 

mile radius of Southern California 

Logistics Airport, Victorville, CA, 

excluding that airspace within a 1.5- 

mile radius of Adelanto Airport. This 

action is necessary for the safety and 

management of IFR operations. This 

rule also adjusts the geographic 

coordinates of Southern California 

Logistics Airport in Class D and E 

airspace, and changes the airport name 

from Southern California International 

Airport to Southern California Logistics 

Airport. 

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 

additional controlled airspace at 

Southern California Logistics Airport, 

Victorville, CA. 

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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP CA D Victorville, CA [Modified] 

Victorville, Southern California Logistics 

Airport, CA 

(Lat. 34°35′51′′ N., long. 117°22′59′′ W.) 

Adelanto, Adelanto Airport, CA 

(Lat. 34°32′15′′ N., long. 117°27′38′′ W.) 

That airspace extending upward from the 

surface to 5,400 feet MSL within a 6-mile 

radius of the Southern California Logistics 

Airport, Victorville, CA, excluding that 

airspace with a 1.5-mile radius of Adelanto 

Airport, Adelanto, CA. 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Victorville, CA [Amended] 

Southern California Logistics Airport, CA 

(Lat. 34°35′51′′ N., long. 117°22′59′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Southern California Logistics Airport. 

Issued in Seattle, Washington, on May 28, 

2010. 

Kevin Nolan, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–14219 Filed 6–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 766 

[Docket No. 100603238–0235–01] 

RIN 0694–AE93 

Export Administration Regulations; 

Technical Amendments 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) makes a 

technical amendment to the Export 

Administration Regulations (EAR). 

Specifically, BIS deletes references 

concerning Federal court jurisdiction for 

judicial review of final decisions and 

orders issued in BIS export control 

administrative enforcement proceedings 

and in administrative appeals of BIS 

temporary denial orders. Federal court 

jurisdiction to review these orders is 

governed by statute, not by regulation. 

DATES: Effective Date: This rule is 

effective June 15, 2010 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE93, by any of 

the following methods: 

• E-mail: 

publiccomments@bis.doc.gov. Include 

‘‘RIN 0694–AE93’’ in the subject line of 

the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 

• Mail or Hand Delivery/Courier: 

Sheila Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE93. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 33683 

the final rule (i.e., RIN 0694–AE93)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Quarterman, Bureau of Industry 

and Security, Office of Exporter 

Services, Regulatory Policy Division, by 

phone at 202–482–2440 or by fax 202– 

482–3355. 

SUPPLEMENTARY INFORMATION: 

Background 

In this rule, BIS makes a technical 

amendment to the Export 

Administration Regulations (EAR) to 

remove three references concerning 

Federal court jurisdiction to review 

certain BIS enforcement orders. 

Paragraph (e) of section 766.22 

discusses judicial review of a final 

decision and order by the Under 

Secretary for Industry and Security in a 

BIS export control administrative 

proceeding. Section 766.24 contains two 

references to judicial review. Paragraph 

(g) of section 766.24 discusses judicial 

review of a final decision and order by 

the Under Secretary concerning the 

administrative appeal of a temporary 

denial order issued by the Assistant 

Secretary for Export Enforcement, and 

paragraph (e)(5) of the same section 

includes a reference to paragraph (g). 

Federal court jurisdiction to review 

these BIS final orders is governed by 

statute, not by regulation. BIS is deleting 

these provisions, which were not 

promulgated with the intent to create or 

govern Federal court jurisdiction. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

13, 2009 (74 FR 41325 (August 14, 

2009)), has continued the EAR in effect 

under the International Emergency 

Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for the purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve a collection of information, 

and, therefore, does not implicate 

requirements of the PRA. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(A) and 

(B) to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule is one of 

procedure, which is exempted from the 

notice and comment requirements of the 

APA. This rule only deletes provisions 

from Part 766 that discuss federal court 

jurisdiction, which is an issue governed 

by statute, not by regulation. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Further, 

no other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sheila Quarterman, Regulatory Policy 

Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. 

List of Subjects in 15 CFR Part 766 

Administrative practice and 

procedure, Confidential business 

information, Exports, Law enforcement, 

Penalties. 

■ Accordingly, 15 CFR part 766 of the 

Export Administration Regulations (15 

CFR Parts 730–774) is amended as 

follows: 

PART 766—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 766 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

13, 2009, 74 FR 41325 (August 14, 2009). 

§ 766.22 [Amended] 

■ 2. In § 766.22, remove paragraph (e). 

§ 766.24 [Amended] 

■ 3. In § 766.24, remove the last 

sentence from paragraph (e)(5) and 

remove paragraph (g). 

Dated: June 11, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–14525 Filed 6–14–10; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1215 

[CPSC Docket No. CPSC–2009–0064] 

Third Party Testing for Certain 

Children’s Products; Infant Bath Seats: 

Requirements for Accreditation of 

Third Party Conformity 

Correction 

In rule document 2010–13080 

beginning on page 31688 in the issue of 

Friday, June 4, 2010 make the following 

corrections: 

1. On page 31689, in the third 

column, in the first full paragraph, in 

the fourth and fifth lines, ‘‘December 1, 

2010’’ should read ‘‘December 6, 2010’’. 

2. On the same page, in the same 

column, in the same paragraph, in the 

10th and 11th lines, ‘‘December 2, 2010’’ 

should read ‘‘December 7, 2010’’. 

3. On page 31691, in the first column, 

in the second line from the top, 

‘‘December 1, 2010’’ should read 

‘‘December 7, 2010’’. 

[FR Doc. C1–2010–13080 Filed 6–14–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 40, 49, and 602 

[TD 9486] 

RIN 1545–BJ41 

Indoor Tanning Services; Cosmetic 

Services; Excise Taxes 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations. 

SUMMARY: This document contains final 

and temporary regulations that provide 

guidance on the indoor tanning services 

excise tax imposed by the Patient 

Protection and Affordable Care Act. 

These final and temporary regulations 

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