Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19097 

controlled airspace at Middletown 

Regional/Hook Field Airport, 

Middletown, OH. 

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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005: Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL OH E5 Middletown, OH [Amended] 

Middletown Regional/Hook Field Airport, 

OH 

(Lat. 39°31′55′′ N., long. 84°23′47′′ W.) 

Hook Field NDB 

(Lat. 39°29′56′′ N., long. 84°26′51′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Middletown Regional/Hook Field 

Airport, and within 2 miles each side of the 

050° bearing from the airport extending from 

the 6.5-mile radius to 12.3 miles northeast of 

the airport, and within 2 miles each side of 

the 229° bearing from the airport extending 

from the 6.5-mile radius to 11.2 miles 

southwest of the airport, and within 2 miles 

each side of the 234° bearing from the Hook 

Field NDB extending from the 6.5-mile 

radius to 7 miles southwest of the NDB. 

Issued in Fort Worth, Texas, on March 15, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–06954 Filed 3–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0771; Airspace 

Docket No. 12–ASW–7] 

Establishment of Class E Airspace; 

Round Mountain, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Round Mountain, TX. 

Controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at West Ranch Airport. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at the 

airport. 

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 30, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E airspace for the West 

Ranch Airport, Round Mountain, TX (77 

FR 71367) Docket No. FAA–2012–0771. 

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 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 

establishing Class E airspace extending 

upward from 700 feet above the surface 

to ensure that required controlled 

airspace exists for departing aircraft 

under instrument flight rules, and 

arriving aircraft utilizing new standard 

instrument approach procedures at West 

Ranch Airport, Round Mountain, TX. 

This action enhances the safety and 

management of IFR operations at the 

airport. 

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 establishes 

controlled airspace at West Ranch 

Airport, Round Mountain, TX. 

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 


erowe on DSK2VPTVN1PROD with RULES
19098 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

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 6005: Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Round Mountain, TX [New] 

Round Mountain, West Ranch Airport, TX 

(Lat. 30°27′23′′ N., long. 98°29′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of West Ranch Airport, and within 2 

miles each side of the 308° bearing from the 

airport extending from the 7.4-mile radius to 

11.1 miles northwest of the airport, and 

within 2 miles each side of the 128° bearing 

from the airport extending from the 7.4-mile 

radius to 10.9 miles southeast of the airport. 

Issued in Fort Worth, Texas, on March 15, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–06956 Filed 3–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB61 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program; Delay of Effective Date 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Department of Labor is 

delaying the effective date of the Wage 

Methodology for the Temporary Nonagricultural Employment H–2B Program 

final rule (the Wage Rule), in order to 

address legislation that prohibits any 

funds from being used to implement the 

Wage Rule for the remainder of fiscal 

year (FY) 2013. The Wage Rule revised 

the methodology by which the 

Department calculates the prevailing 

wages to be paid to H–2B workers and 

United States (U.S.) workers recruited in 

connection with a temporary labor 

certification for use in petitioning the 

Department of Homeland Security to 

employ a nonimmigrant worker in H–2B 

status. 

DATES: The effective date of the rule 

amending 20 CFR part 655, published at 

76 FR 3452 (January 19, 2011), 

originally effective January 1, 2012, and 

which was previously made effective 

September 30, 2011, at 76 FR 45667 

(August 1, 2011); delayed to November 

30, 2011, at 76 FR 59896 (September 28, 

2011); to January 1, 2012, at 76 FR 

73508 (November 29, 2011); to October 

1, 2012, at 76 FR 82115 (December 30, 

2011); and to March 27, 2013, at 77 FR 

60040 (October 2, 2012), is now delayed 

until October 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, ETA, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Room C–4312, Washington, DC 20210; 

Telephone (202) 693–3010 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone number above via 

TTY by calling the toll-free Federal 

Information Relay Service at 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Department of Labor (the Department) 

published the Wage Methodology for 

the Temporary Non-agricultural 

Employment H–2B Program final rule 

(the Wage Rule) on January 19, 2011, 76 

FR 3452. The Wage Rule revised the 

methodology by which the Department 

calculates the prevailing wages to be 

paid to H–2B workers and United States 

(U.S.) workers recruited in connection 

with a temporary labor certification for 

use in petitioning the Department of 

Homeland Security to employ a 

nonimmigrant worker in H–2B status. 

The Department originally set the 

effective date of the Wage Rule for 

January 1, 2012. However, as a result of 

litigation and following notice-andcomment rulemaking, we issued a final 

rule, 76 FR 45667 (Aug. 1, 2011), 

revising the effective date of the Wage 

Rule to September 30, 2011, and a 

second final rule, 76 FR 59896 (Sept. 28, 

2011), further revising the effective date 

of the Wage Rule to November 30, 2011. 

Thereafter, the Department extended 

the effective date of the Wage Rule until 

January 1, 2012, in light of the 

enactment on November 18, 2011 of the 

Consolidated and Further Continuing 

Appropriations Act, 2012, which 

provided that ‘‘[n]one of the funds made 

available by this or any other Act for 

fiscal year 2012 may be used to 

implement, administer, or enforce, prior 

to January 1, 2012 the [Wage Rule].’’ 

Public Law 112–55, 125 Stat. 552, Div. 

B, Title V, § 546 (Nov. 18, 2011) (the 

November 2011 Appropriations Act). In 

delaying the Wage Rule’s effective date, 

the Department stated that although the 

November 2011 Appropriations Act 

‘‘prevent[ed] the expenditure of funds to 

implement, administer, or enforce the 

Wage Rule before January 1, 2012, it 

[did] not prohibit the Wage Rule from 

going into effect, which [was] scheduled 

to occur on November 30, 2011. When 

the Wage Rule goes into effect, it will 

supersede and make null the prevailing 

wage provisions at 20 CFR 655.10(b) of 

the Department’s existing H–2B 

regulations, which were promulgated 

under Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes; Final 

Rule, 73 FR 78020, Dec. 19, 2008 (the 

H–2B 2008 Rule).’’ 76 FR 73508, 73509 

(Nov. 29, 2011). 

Accordingly, the Department 

determined that it was necessary in light 

of the November 2011 Appropriations 

Act to delay the effective date of the 

Wage Rule in order to avoid the 

replacement of the H–2B 2008 Rule with 

a new rule that the Department lacked 

appropriated funds to implement. As a 

result, the Department issued a final 

rule, 76 FR 73508, that delayed the 

effective date of the Wage Rule until 

January 1, 2012. Subsequent 


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