Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10425

(4) If the alien was not in valid H–1A

nonimmigrant status on October 11,

1996, evidence that the alien was within

the United States on October 11, 1996.

For purposes of this provision, an alien

will be deemed to have been within the

United States on October 11, 1996, who,

although not physically present in the

United States on that date, was

subsequently admitted to the United

States in H–1A classification pursuant

to an unexpired H–1A visa.

* * * * *

§ 214.2 [Amended]

3. In § 214.2, newly redesignated

paragraph (h)(9)(iii)(B)(2)(ii) is amended

in the second sentence by revising the

phrase ‘‘Chief of the Administrative

Appeals Unit, Central Office’’ to read:

‘‘Director, Administrative Appeals

Office, Headquarters’’.

Dated: February 28, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–5660 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–ANE–44]

Removal of Class D and E Airspace;

South Weymouth, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action removes the Class

D and Class E airspace areas at South

Weymouth, MA due to the closure of

the South Weymouth Naval Air Station

(KNZW).

EFFECTIVE DATE: This rule was effective

0901 UTC, January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7533; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final with a

request for comments in the Federal

Register on December 19, 1996 (61 FR

66908). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

January 30. No adverse comments were

received, and thus this notice confirms

that this final rule became effective on

that date.

Issued in Burlington, MA, on February 28,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–5716 Filed 3–6–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–ANE–46]

Amendment to Class E Airspace;

Springfield/Chicopee, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action modifies the Class

E airspace at Springfield/Chicopee, MA

by removing the Class E airspace

extending upward from the surface,

effective during the times when the

Airport Traffic Control Tower (ATCT) is

not operating. This action results from

the elimination of continuous weather

reporting at Westover ARB/Metropolitan

Airport (KCEF).

EFFECTIVE DATE: This rule was effective

0901 UTC, January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Sandra V. Bogosian, Operations Branch,

ANE–530.4, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7534; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final with a

request for comments in the Federal

Register on December 19, 1996 (61 FR

66911). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

January 30. No adverse comments were

received, and thus this notice confirms

that this final rule became effective on

that date.

Issued in Burlington, MA, on February 28,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–5714 Filed 3–6–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–ANE–11]

Amendment to Class E Airspace;

Nashua, NH, Newport, RI, Mansfield,

MA, Providence, RI, and Taunton, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action modifies the Class

E airspace at Nashua, HN, Newport, RI,

Mansfield, MA, Providence, RI, and

Taunton, MA by removing from their

descriptions references to Class E

airspace areas removed by previous

actions. This action is necessary to keep

the descriptions of controlled airspace

areas operationally current.

DATES: Effective 0901 UTC, May 22,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

April 7, 1997.

ADDRESSES: Send comments on the rule

to: Manager, Operations Branch, ANE–

530, Federal Aviation Administration,

Docket No. 97–ANE–11, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7530;

fax (617) 238–7596.

The official docket file may be

examined in the Office of the Assistant

Chief Counsel, New England Region,

ANE–7, Room 401, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7050; fax

(617) 238–7055.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division, Room 408,

by contacting the Manager, Operations

Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7533; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: On

February 16, 1996, the FAA published

final rule that removed the Class E

airspace at Moore Army Airfield, Fort
10426 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

Devens, MA (61 FR 5937), and on

December 19, 1996, a final rule that

removed the Class E airspace at Fall

River Municipal Airport, Fall River, MA

(61 FR 66910). Each of those actions was

due to the closure of the airport at those

locations. Due to the close proximity of

those airports to other airports,

however, the descriptions of controlled

airspace at other locations in the

vicinity of the closed airports still

contain references to the removed

airspace areas. This action revises the

descriptions of Class E airspace areas at

Nashua, NH, Newport, RI, Mansfield,

MA, Providence, RI, and Taunton, MA

by removing from their descriptions

references to Class E airspace areas

removed by those previous actions. This

action is necessary to keep the

descriptions of controlled airspace

operationally current.

Class E airspace designations for

airspace areas extending upward from

700 feet about the surface of the earth

are published in paragraph 6005 of FAA

Order 7400.9D, dated September 4,

1996, and effective September 16, 1996,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designations listed in this document

will be published subsequently in this

Order.

The Direct Final Order Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment, and, therefore, issues

it as a direct final rule. 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.

Unless a written adverse or negative

comment, or a written notice of intent

to submit an adverse or negative

comment is received within the

comment period, the regulation will

become effective on the date specified

above. After the close of the comment

period, the FAA will publish a

document in the FEDERAL REGISTER

indicating that no adverse or negative

comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit a

comment, a document withdrawing the

direct final rule will be published in the

FEDERAL REGISTER, and a notice of

proposed rulemaking may be published

with a new comment period.

Comments Invited

Although this action is in the form of

a direct final rule, and was not preceded

by a notice of proposed rulemaking,

interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–ANE–11.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that 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 these routine matters will

only affect air traffic procedures and air

navigation. It is certified that these

proposed rules will not have significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends part 71

of the Federal Aviation Regulations (14

CFR part 71) as follows:

PART 71—[AMENDED]

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.

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Subpart E—Class E Airspace

* * * * *

Paragraph 6005 Class E airspace areas

extending upward from 700 feet above the

surface of the earth.

* * * * *

ANE MA E5 Mansfield, MA

Mansfield Municipal Airport, MA

(Lat. 42°00′00′′N, long. 71°11′48′′W)

That airspace extending upward from 700

feet above the surface within an 8.3-mile

radius of Mansfield Municipal Airport;

excluding that airspace within the Boston,

MA, Hopedale, MA, North Kingstown, RI,

and Pawtucket, RI, Class E airspace areas.

* * * * *

ANE MA E5 Taunton, MA

Taunton Municipal Airport, MA

(Lat. 41°52′28′′N, long. 71°01′01′′W)

That airspace extending upward from

700 feet above the surface within a 7.3-

mile radius of Taunton Municipal

Airport; excluding that airspace within

the Boston, MA, New Bedford, MA, and

Mansfield, MA, Class E airspace areas.

* * * * *

ANE NH E5 Nashua, NH

Nashua, Boire Field, NH

(Lat. 42°46′54′′N, long. 71°30′53′′W)

CHERN NDB

(Lat. 42°49′24′′N, long. 71°36′08′′W)

That airspace extending upward from 700

feet above the surface within a 7-mile radius

of Boire Field, and within that area bounded

by a line beginning at lat. 42°53′54′′N, long.

71°30′47′′W; to lat. 43°02′25′′N, long.
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10427

1 61 FR 66241 (December 17, 1996).

2On November 22, 1996, the Commission

published a separate proposed rulemaking

establishing similar ‘‘fast-track’’ review procedures

for contract market designation applications and

proposed rules relating to contract terms and

conditions under Regulation 1.41(b). (61 FR 59386.)

The Commission also is adopting that rulemaking

today in a separate Federal Register release with

slight modifications from the original proposed

rulemaking (the ‘‘fast-track’’ rulemaking). The two

rulemakings establish similar rule review

procedures and any differences between the two

schemes generally reflect differences set forth in the

statute with respect to term and condition rule

proposals and non-term and condition rule

proposals.

3 62 FR 2334 (January 16, 1997).

71°13′28′′W; to lat. 42°55′15′′N, long.

71°06′58′′W; to lat. 42°38′30′′N, long.

71°21′48′′W; to lat. 42°40′30′′N, long.

71°27′03′′W, and within 4 miles each side of

the CHERN NDB 303° bearing extending from

the 7-mile radius to 10 miles northwest of the

NDB; excluding that airspace within the

Portsmouth, NH, and Boston, MA, Class E

airspace areas.

* * * * *

ANE RI E5 Newport, RI

Newport State, RI

(Lat. 41°31′56′′N, long. 71°16′53′′W)

Providence VORTAC

(Lat. 41°43′28′′N, long. 71°25′47′′W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of Newport State Airport, and within

2.2 miles on each side of the Providence

VORTAC 150° radial extending from the 6.3-

mile radius to 5.6 miles southeast of the

Providence VORTAC, and within 4 miles

northwest to 6 miles southeast of Newport

State Airport 025° bearing extending from the

6.3-mile radius to 16.2 miles northeast of the

Newport State Airport; excluding that

airspace within the New Bedford, MA, Class

E airspace area.

* * * * *

ANE RI E5 Providence, RI

Providence, Theodore Francis Green State

Airport, RI

(Lat. 41°43′25′′N, long. 71°25′36′′W)

Providence VORTAC

(Lat. 41°43′28′′N, long. 71°25′47′′W)

That airspace extending upward from 700

feet above the surface within an 8.8-mile

radius of Theodore Francis Green State

Airport, and within 4 miles northwest to 4.5

miles southeast of the Providence VORTAC

211° radial extending from the 8.8-mile

radius to 16.7 miles southwest of the

Providence VORTAC, and within 4 miles on

each side of the VORTAC 330° radial

extending from the 8.8-mile radius to 15.4

miles northwest of the Providence VORTAC,

and within 2.9 miles on each side of the

Providence VORTAC 132° radial extending

from the 8.8-mile radius to 9.6 miles

southeast of the Providence VORTAC;

excluding that airspace within the North

Kingstown, RI, Pawtucket, RI, and Newport,

RI, Class E airspace areas.

* * * * *

Issued in Burlington, MA, on February 28,

1997.

David J. Hurley,

Assistant Manager, Air Traffic Division, New

England Region.

[FR Doc. 97–5713 Filed 3–6–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–ANE–45]

Removal of Class E Airspace; Fall

River, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action removes the Class

E airspace area at Fall River, MA due to

the closure of the Fall River Municipal

Airport (KFLR) and the cancellation of

the standard instrument approach

procedure to that airport.

EFFECTIVE DATE: This rule was effective

0901 UTC, January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, 12 New England Executive

Park, Burlington, MA 01803–5299;

telephone (617) 238–7533; fax (617)

238–7596.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final with a

request for comments in the Federal

Register on December 19, 1996 (61 FR

66910). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

January 30. No adverse comments were

received, and thus this notice confirms

that this final rule became effective on

that date.

Issued in Burlington, MA, on February 28,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–5715 Filed 3–6–97; 8:45 am]

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

Final Rulemaking Concerning Contract

Market Rule Review Procedures

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rulemaking.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’)

has adopted amendments to

Commission Regulation 1.41(c) that

establish procedures for the

Commission’s review of contract market

rules that do not relate to contract terms

and conditions. The amendments

shorten the Commission’s time frame for

reviewing complex rules and streamline

the rule review process such that rule

changes generally can be deemed

approved or permitted to be put into

effect without Commission approval.

Specifically, all non-term and

condition rule changes that meet the

form and content requirements will be

deemed approved or be permitted to be

put into effect without approval ten

days after Commission receipt, unless

the Commission takes action to

commence review of the proposal for a

45-day period (or a 75-day period in the

case of rules published for comment in

the Federal Register) or the contract

market agrees to another, specified

review period. At the end of the 45-day

(or 75-day) review period, a proposed

rule meeting the form and content

requirements will be deemed approved

or become effective without approval

unless the Commission informs the

submitting contract market of its

intention to initiate disapproval

proceedings, the contract market

withdraws the proposal, or the contract

market requests that the review period

be extended to the current 180-day

period.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

David P. Van Wagner, Special Counsel,

Division of Trading and Markets,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW., Washington, DC

20581. Telephone: (202) 418–5490.

SUPPLEMENTARY INFORMATION:

I. Introduction

On December 17, 1996, the

Commission published for public

comment in the Federal Register 1

proposed amendments to Commission

Regulation 1.41 revising the

Commission’s procedures for the review

of contract market rules that do not

relate to terms and conditions.2 The

original comment period was scheduled

to end on January 16, 1997, but was

extended by the Commission until

January 31, 1997.3