12538 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

History

On Wednesday, January 8, 1997, the

FAA proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to establish Class E airspace at

Hot Springs, SD (62 FR 1069). The

proposal was to add controlled airspace

extending upward from 700 to 1200 feet

AGL to contain Instrument Flight Rules

(IFR) operations in controlled airspace

during portions of the terminal

operation and while transiting between

the enroute and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class E airspace

designations for areas extending upward

from 700 feet or more above 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 designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class E airspace at

Hot Springs, SD to accommodate aircraft

executing the GPS Runway 19 SIAP at

Hot Springs Municipal Airport.

Controlled airspace extending upward

from 700 to 1200 feet AGL is needed to

contain aircraft executing the approach.

The area will be depicted on

appropriate aeronautical charts thereby

enabling pilots to circumnavigate the

area or otherwise comply with IFR

procedures.

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 will not have

a 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

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL SD E5 Hot Springs, SD [New]

Hot Springs Municipal Airport

(Lat. 43°22′09′′ N, long. 103°23′21′′ W)

That airspace extending upward from 700

feet above the surface within a 7.4-mile

radius of Hot Springs Municipal Airport.

* * * * *

Issued in Des Plaines, Illinois on February

27, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–6620 Filed 3–14–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–AGL–28]

Establishment of Class E Airspace;

Gregory, SD, Gregory Municipal

Airport

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace at Gregory, SD. A Global

Positioning System (GPS) standard

instrument approach procedure (SIAP)

to Runway 31 has been developed for

the Gregory Municipal Airport.

Controlled airspace extending upward

from 700 to 1200 feet above ground

level (AGL) is needed to contain aircraft

executing the approach. The intended

effect of this action is to provide

segregation of aircraft using instrument

approach procedures in instrument

conditions from other aircraft operating

in visual weather conditions.

EFFECTIVE DATE: 0901 UTC, May 22,

1997.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On Wednesday, January 8, 1997, the

FAA proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to establish Class E airspace at

Gregory, SD (62 FR 1065). The proposal

was to add controlled airspace

extending upward from 700 to 1200 feet

AGL to contain Instrument Flight Rules

(IFR) operations in controlled airspace

during portions of the terminal

operation and while transiting between

the enroute and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class E airspace

designations for areas extending upward

from 700 feet or more above 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 designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class E airspace at

Gregory, SD to accommodate aircraft

executing the GPS Runway 31 SIAP at

Gregory Municipal Airport. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed to contain

aircraft executing the approach. The

area will be depicted on appropriate

aeronautical charts thereby enabling

pilots to circumnavigate the area or

otherwise comply with IFR procedures.

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
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations 12539

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 will not have

a 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

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL SD E5 Gregory, SD [New]

Gregory Municipal Airport, SD

(Lat. 43°13′18′′ N, long. 99°24′12′′ W)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of the Gregory Municipal Airport, and

that airspace extending upward from 1,200

feet above the surface beginning at lat.

43°41′00′′ N, long. 99°29′00′′ W,

southeastbound to lat. 43°00′00′′ N, long.

99°00′00′′ W, westbound to V71,

northwestbound to lat. 43°29′30′′ N, long.

99°39′00′′ W, to the point of beginning, and

that airspace extending upward from 1,200

feet above the surface bounded on the north

by lat. 43°20′00′′ N, on the east by V71, on

the south by lat. 43°00′00′′ N, and on the west

by long. 100°05′00′′ W, excluding that

airspace within the Winner, SD, E5 airspace.

* * * * *

Issued in Des Plaines, Illinois on February

27, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–6621 Filed 3–14–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Parts 921, 923 and 930

RIN 0648–AJ24

Coastal Zone Management Program

Regulations and National Estuarine

Research Reserve System Regulations

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Final rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

amending its ocean and coastal resource

management regulations concerning the

National Estuarine Research Reserve

System, Coastal Zone Management

Program, and Secretarial review

procedures. The Coastal Zone Protection

Act of 1996 amended the Coastal Zone

Management Act (the Act) and

reauthorized NOAA’s Coastal Zone

Management Program and National

Estuarine Research Reserve System

under the Act. Among the amendments

to the Act were changes to the use of

Coastal zone enhancement grants, the

formula for financial assistance to the

states for National Estuarine Research

Reserve (NERR) activities, and the

timing for the appeals process under the

consistency provisions. NOAA issues

this final rule to amend the existing

regulations to conform with the

statutory amendments.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Vickie A. Allin, Policy Coordination

Division, Office of Ocean and Coastal

Resource Management, 1305 East-West

Highway, N/ORM4, Silver Spring,

Maryland 20910. Telephone: 301–713–

3086 ext. 126.

SUPPLEMENTARY INFORMATION:

I. Authority

This final rule is issued under the

authority of the Coastal Zone

Management Act (CZMA), 16 U.S.C.

1451 et seq., as amended by the Coastal

Zone Protection Act of 1996 (CZPA),

Pub. L. 104–150.

II. Background

The CZMA was enacted to encourage

and assist coastal states and territories

to develop and implement management

programs to preserve, protect, develop

and, where possible, restore or enhance

the resources of the Nation’s coasts.

Prior to the 1996 amendments:

• Section 309 of the CZMA identified

eight national coastal zone enhancement

objectives and authorized grants to

states for development and submission

of program changes that support

attainment of those objectives. Section

309 did not authorize grants for

implementation of those changes.

• Section 315 of the CZMA

authorized grants to states for the

designations, management and use of

NERRs. However, section 315 limited,

in most cases, the amount of Federal

financial assistance that could be used

for a NERR activity to a specified

percentage of the cost of that activity.

• Section 307 of the CZMA

established the Federal consistency

requirement, which requires Federal

agencies, applicants for Federal

licenses, permits or other approvals and

state or local government agencies

applying for Federal financial assistance

to conduct their activities consistent

with federally-approved state coastal

management programs if an activity is

reasonably likely to affect any land or

water use or natural resource of a state’s

coastal zone. Section 307 also provided

for an appeal, referred to as a

consistency appeal, to the Secretary of

Commerce (Secretary) for a Secretarial

override of state objections to Federal

license or permit or financial assistance

activities.

NOAA’s regulations at 15 CFR Parts

921, 923 and 930 implement these

provisions.

III. Coastal Zone Protection Act of 1996

The Coastal Zone Protection Act of

1996 (CZPA) contains the following

amendments to the CZMA.

• Section 7 of the CZPA amends

section 309 to add, as a ninth coastal

zone enhancement objective, the

adoption of procedures and policies to

evaluate and facilitate the siting of

aquaculture in the coastal zone.

• Section 3 of the CZPA amends

section 309 to authorize limited use of

coastal zone enhancement grants to

states for implementation as well as for

development and submission of

program changes.

• Section 6 of the CZPA amends

section 315 to provide that Federal

financial assistance provided from

amounts recovered as a result of damage

to natural resources in the coastal zone

may be used to pay for 100% of the cost

of a NERR activity.

• Section 8 of the CZPA adds a new

section 319 which requires that the Secretary publish a notice in the Federal

Register stating when the record in a

consistency appeal has closed. Within

90 days after publication of this notice,

the Secretary shall issue a final decision