Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15603

Federal Aviation Regulations (14 CFR

part 71) to amend Class E airspace at

Montrose, Colorado, to accommodate a

new GPS SIAP to the Montrose Regional

Airport (62 FR 4220).

Interested parties were invited to

participate in the rulemaking

proceeding by submitting written

comments on the proposal. No

comments were received.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace areas

extending upward from the surface, and

from 700 feet or more above the surface

of the earth, are published in paragraph

6002 and paragraph 6005, respectively,

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 listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of Federal

Aviation Regulations amends Class E

airspace at Montrose, Colorado. 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. It,

therefore, (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

FAA amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

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; 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 6002 Class E Airspace Areas

Designated as a Surface Area for an Airport

* * * * *

ANM CO E2 Montrose, CO [Revised]

Montrose Regional Airport, CO

(Lat. 38°30′32′′ N, long. 107°53′38′′ W)

Montrose VOR/DME

(Lat. 38°30′23′′ N, long. 107°53′58′′ W)

That airspace extending upward from the

surface within a 4.8-mile radius of the

Montrose Regional Airport, and within 3.5

miles each side of the Montrose VOR/DME

313° radial extending from the 4.8-mile

radius to 12.2 miles northwest of the VOR/

DME, and within 2.5 miles each side of the

Montrose VOR/DME 360° radial extending

from the 4.8-mile radius to 8.5 miles north

of the VOR/DME. This Class E 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

* * * * *

ANM CO E5 Montrose, CO [Revised]

Montrose Regional Airport, CO

(Lat. 38°30′32′′ N, long. 107°53′38′′ W)

Montrose VOR/DME

(Lat. 38°30′23′′ N, long. 107°53′58′′ W)

That airspace extending upward from 700

feet above the surface within 4.3 miles

northeast and 8.3 miles southwest of the

Montrose VOR/DME 313° and 133° radials

extending from 6.1 miles southeast to 21.4

miles northwest of the VOR/DME, and within

4 miles each side of the Montrose VOR/DME

360° radial extending to 9.5 miles north of

the VOR/DME; and that airspace extending

upward from 1,200 feet above the surface

within an area bounded by a point beginning

at lat. 38°40′00′′ N, long. 108°46′00′′ W; to lat.

38°25′00′′ N, long. 108°42′30′′ W; to lat.

37°58′00′′ N, long. 108°10′00′′ W; to lat.

38°09′00′′ N, long. 107°35′00′′ W; to lat.

38°43′00′′ N, long. 107°39′30′′ W; to lat.

38°51′30′′ N, long. 107°41′00′′ W; to lat.

38°50′00′′ N, long. 107°53′00′′ W; to lat.

38°53′00′′ N, long. 108°03′30′′ W; thence to

the point of beginning.

* * * * *

Issued in Seattle, Washington, on March

19, 1997.

Helen Fabian Parke,

Manager, Air Traffic Division, Northwest

Mountain Region.

[FR Doc. 97–8371 Filed 4–1–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–AGL–11]

Modification of Class E Airspace Areas

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This action modifies Class E

airspace areas at Minot, ND. Presently,

these areas are designated as Class D

airspace when the associated control

tower is in operation. However,

controlled airspace to the surface is

needed when the control towers located

at these areas are closed. The intended

effect of this action is to provide

adequate Class E airspace for instrument

flight rule (IFR) operations when these

control towers are closed.

DATES: Effective date: 0901 UTC, May

22, 1997. Comment date: Comments

must be received on or before April 15,

1997.

ADDRESSES: Send comments on the rule

in triplicate to: Manager, Air Traffic

Division, Operations Branch, AGL–530,

Docket No. 97–AGL–11, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018.

The official docket may be examined

in the office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 E. Devon Avenue,

Des Plaines, Illinois. An informal docket

may also be examined during normal

business hours at the address listed

above.

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:

Request for Comments on the Rule

Although this action is in the form of

a final rule, and was not preceded by

notice and public procedure, comments

are invited on the rule. When the

comment period ends, the FAA will use

the comments submitted, together with

other available information, to review

the regulation. If the FAA receives no

adverse comments in response to this

action, this rule will become effective

on the date specified in the DATES

section. After the review, if the FAA

finds that further chances are

appropriate, it will initiate rulemaking

proceedings to amend the regulation.

Comments that provide the factual

basis supporting the views and

suggestions presented are particularly
15604 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

1Pub. L. 104–121, 110 Stat. 857 (1996) (codified

in scattered sections of 5 U.S.C., 15 U.S.C., and as

a note to 5 U.S.C. 601).

2The definition of ‘‘small entity’’ under SBREFA

is the same as the definition of ‘‘small entity’’ under

the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

(‘‘Reg. Flex. Act’’). SBREFA section 221(1). The Reg.

Flex. Act defines ‘‘small entity’’ to include ‘‘small

business.’’ Pursuant to the Reg. Flex. Act, 5 U.S.C.

601(3), the Commission adopted appropriate

definitions of ‘‘small business’’ for purposes of the

Reg. Flex. Act. See 17 CFR 270.0–10; 17 CFR 275.0–

7; 17 CFR 240.0–10; 17 CFR 230.157; and 17 CFR

250.110. The Commission recently proposed

amendments to these definitions. Definitions of

‘‘Small Business’’ or ‘‘Small Organization’’ Under

the Investment Company Act of 1940, the

Investment Advisers Act of 1940, the Securities

Exchange Act of 1934, and the Securities Act of

1933, Securities Act Rel. No. 7383, 62 FR 4106 (Jan.

28, 1997). The Commission extended the comment

period on the proposed amendments to the

definitions to April 30, 1997, 62 FR 13356 (Mar. 20,

1997).

Based on an analysis of the language and

legislative history of the Regulatory Flexibility Act,

helpful in evaluating the effects of the

rule, and in determining whether

additional rulemaking is required.

Comments are specifically invited on

the overall regulatory, aeronautical,

economic, environmental, and energyrelated aspects of the rule which might

suggest the need to modify the rule.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations establishes

Class E airspace areas at Minot, ND.

Currently, this airspace is designated as

Class D when the associated control

tower is in operation. Nevertheless,

controlled airspace to the surface is

needed for IFR operations at Minot

International Airport, Minot, ND, when

the control towers are closed. The

intended effect of this action is to

provide adequate Class E airspace for

IFR operations at these airports when

these control towers are closed. As

noted in the Airspace Reclassification

Final Rule, published in the Federal

Register on December 17, 1991, airspace

at an airport with a part-time control

tower should be designated as a Class D

airspace area when the control tower is

in operation, and as a Class E airspace

area when the control tower is closed

(56 FR 65645).

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace areas

designated as surface areas for airports

are published in Paragraph 6002 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 the Order.

Under the circumstances presented, the

FAA concludes that there is an

immediate need to establish these Class

E airspace areas in order to promote the

safe and efficient handling of air traffic

in these areas. Therefore, I find that

notice and public procedures under 5

U.S.C. 553(b) are impracticable and

contrary to the public interest.

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. It, therefore—(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 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 6002 Class E airspace areas

designated as a surface area for an airport

* * * * *

AGL ND E4 Minot, ND [Revised]

Minot International Airport, ND

(Lat. 48°15′34′′ N., long. 101°17′14′′ W.)

That airspace extending upward from the

surface within 3.5 miles each side of the

Minot VORTAC 129° radial extending from

the 4.2-mile radius of Minot International

Airport to 7 miles southeast of the VORTAC

and within 3.5 miles each side of the Minot

VORTAC 260° radial, extending from the 4.2-

mile radius of the airport to 7 miles west of

the VORTAC and within 3.5 miles each side

of the Minot VORTAC 327° radial, extending

from the 4.2-mile radius of the airport to 7

miles northwest of the VORTAC and within

3.5 miles each side of the Minot VORTAC

097° radial, extending from the 4.2-mile

radius to 7 miles east of the VORTAC,

excluding the portion which overlies the

Minot AFB, ND, Class D airspace area. This

Class E airspace area is effective during the

specific dates and times established in

advance by a Notice to Airmen. The effective

dates and times will thereafter be

continuously published in the Airport/

Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on March 19,

1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–8369 Filed 4–1–97; 8:45 am]

BILLING CODE 4910–13–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 202

[Release Nos. 33–7407; 34–38446; 35–

26695; 39–2349; IC–22587; IA–1624]

Informal Guidance Program for Small

Entities

AGENCY: Securities and Exchange

Commission.

ACTION: Policy statement.

SUMMARY: The Securities and Exchange

Commission is issuing a policy

statement discussing its informal

guidance program for small entities (and

others) as required by the Small

Business Regulatory Enforcement

Fairness Act, Public Law 104–121, 110

Stat. 857 (1996).

DATES: This Policy becomes effective

March 29, 1997.

FOR FURTHER INFORMATION CONTACT: For

General Information: Amy Kroll,

Assistant General Counsel, at (202–942–

0927) or Anne H. Sullivan, Senior

Counsel, at (202–942–0954), Office of

General Counsel. For information from

specific divisions or offices, as follows:

James R. Budge, Special Counsel, at

(202–942–295), Division of Corporation

Finance; Natalie Bej, Special Counsel, at

(202–942–0660), Division of Investment

Management; Gary W. Sutton, Special

Counsel, at (202–942–0073), Division of

Market Regulation; Robert E. Burns,

Chief Counsel, at (202–942–4400),

Office of Chief Accountant.

SUPPLEMENTARY INFORMATION: On March

29, 1996, Congress adopted the Small

Business Regulatory Enforcement

Fairness Act (‘‘SBREFA’’),1 which seeks

to improve the regulatory climate for

small entities 2 by, among other things: