Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37103 

submitted any materials to OMB for 

review. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations must 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

will not have a significant economic 

impact on a substantial number of small 

entities. 5 U.S.C. 605(b). FHFA has 

considered the impact of the final rule 

under the Regulatory Flexibility Act. 

The General Counsel of FHFA 

certifies that the final rule is not likely 

to have a significant economic impact 

on a substantial number of small entities 

because the regulation is applicable 

only to the Enterprises and the Banks, 

which are not small entities for 

purposes of the Regulatory Flexibility 

Act. 

List of Subjects in 12 CFR Part 1209 

Administrative practice and 

procedure, Federal home loan banks, 

Mortgages, Reporting and recordkeeping 

requirements. 

Authority and Issuance 

For the reasons stated in the 

SUPPLEMENTARY INFORMATION, the 

Federal Housing Finance Agency 

amends part 1209, Subchapter A, 

Chapter XII of title 12 of the Code of 

Federal Regulations as follows: 

PART 1209—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 1209 

is revised to read as follows: 

Authority: 5 U.S.C. 554, 556, 557, and 701 

et seq.; 12 U.S.C. 1430c(d); 12 U.S.C. 4501, 

4502, 4503, 4511, 4513, 4513b, 4517, 4526, 

4566(c)(1) and (c)(7), 4581–4588, 4631–4641; 

and 28 U.S.C. 2461 note. 

■ 2. Amend § 1209.1 by: 

■ a. In paragraph (c)(2), remove the 

word ‘‘and’’; 

■ b. In paragraph (c)(3), remove ‘‘.’’ at 

the end of the paragraph and add in its 

place ‘‘; and’’; and 

■ c. Add new paragraph (c)(4) to read as 

follows: 

§ 1209.1 Scope. 

* * * * * 

(c) * * * 

(4) Enforcement proceedings under 

sections 1341 through 1348 of the Safety 

and Soundness Act, as amended (12 

U.S.C. 4581 through 4588), and section 

10C of the Federal Home Loan Bank 

Act, as amended (12 U.S.C. 1430c), 

except where the Rules of Practice and 

Procedure in Subpart C are inconsistent 

with such statutory provisions, in which 

case the statutory provisions shall 

apply. 

Dated: June 13, 2013. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2013–14676 Filed 6–19–13; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0484; Airspace 

Docket No. 13–AGL–16] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–55 and V–169 in Eastern North 

Dakota 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends VHF 

Omnidirectional Range (VOR) Federal 

airways V–55 and V–169 in eastern 

North Dakota. The FAA is taking this 

action to amend the airway descriptions 

contained in Part 71 by removing 

reference to special use airspace (SUA) 

exclusionary language no longer 

needed. 

DATES: Effective date 0901 UTC, August 

22, 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: 

Colby Abbott, Airspace Policy and ATC 

Procedures Group, Office of Mission 

Support Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

In 1979, the FAA took action to 

amend VOR Federal airways V–55 (44 

FR 43714, July 26, 1979) and V–169 (44 

FR 24543, April 26, 1979) by adding 

airway segments that extended the 

airways through the Devils Lake East 

and Devils Lake West Military 

Operations Areas (MOAs). The 

amendments extended V–55 westward 

by adding an airway segment from 

Grand Forks, ND, to Bismarck, ND, 

through the existing Devils Lake East 

MOA and extended V–169 northward 

by adding an airway segment from 

Bismarck, ND, to Devils Lake, ND, 

through the Devils Lake West MOA. At 

that time, the Devils Lake East MOA 

existed from 3,500 feet mean sea level 

(MSL) to 10,000 feet MSL and the Devils 

Lake West MOA existed from 4,000 feet 

MSL to 10,000 feet MSL. As part of the 

amendment actions to V–55 and V–169, 

the airway descriptions excluded the 

airspace contained within the associated 

MOA lateral boundary and altitudes 

from the affected airway. 

In 1980, the FAA circularized a 

proposal to change the boundary 

between the Devils Lake East and Devils 

Lake West MOAs and to raise the ceiling 

of the Devils Lake East MOA from 

10,000 feet MSL to a ceiling of to, but 

not including, flight level (FL) 180. 

Within the proposed Devils Lake East 

MOA, V–55 would be available for nonparticipating aircraft either at 11,000 

feet and above during low level 

intercept training (3,500 feet MSL to 

10,000 feet MSL) or at 9,000 feet MSL 

and below during Basic Fighter 

Maneuvers (BFM) training (10,000 feet 

MSL and above) being conducted by the 

military. In 1981, the proposed action 

was approved and the MOAs amended 

accordingly; unfortunately, no action 

was taken with respect to the existing 

exclusionary language contained in the 

V–55 description under Part 71 when 

the Devils Lake East MOA was raised. 

In 1987, the FAA circularized a 

similar proposal to raise the ceiling of 

the Devils Lake West MOA from 10,000 

feet MSL to a ceiling of to, but not 

including, FL 180. The proposed action 

was approved in the same year and the 

MOA ceiling was amended accordingly. 

Again, no action was taken with respect 

to the existing exclusionary language 

contained in the V–169 description 

under Part 71 when the Devils Lake 

West MOA ceiling was raised. 

The FAA notes there are numerous 

MOAs throughout the National Airspace 

System (NAS) that have VOR Federal 

airways charted through them, with no 

exclusionary language contained in 

those airway descriptions. In fact, the 

Devils Lake East MOA has three VOR 

Federal airways that extend through it, 

but only V–55 contains exclusionary 

language relative to the MOA. It is 

standard procedure for air traffic control 

(ATC) to re-route instrument flight rules 

(IFR) aircraft operating on Federal 

airways when the airway lies within an 

active MOA and IFR separation from 

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37104 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

military activity in the MOA cannot be 

provided by ATC. The guidance 

describing this procedure is published 

in FAA Order 7110.65, Air Traffic 

Control, and the Aeronautical 

Information Manual for controller and 

pilot awareness, respectively. 

Additionally, although pilots operating 

under visual flight rules (VFR) should 

exercise extreme caution while flying 

within a MOA when military activity is 

being conducted, MOAs are not 

restrictive to VFR aircraft, which opt to 

fly the same routing as a VOR Federal 

airway, at VFR altitudes, through an 

active MOA. Removing the SUA 

exclusionary language contained in the 

V–55 and V–169 legal descriptions, 

which is redundant to existing ATC 

procedures does not affect the 

operational use or services provided by 

ATC to aircraft operating on the 

airways. 

Accordingly, since this amendment is 

administrative in nature, having no 

impact to the operational use or ATC 

services provided to pilots flying on V– 

55 and V–169, notice and public 

procedures under Title 5 U.S.C. 553(b) 

are unnecessary. 

The Rule 

The FAA amends Title 14, Code of 

Federal Regulations part 71 by 

amending the legal descriptions of VOR 

Federal airways V–55 and V–169 in the 

vicinity of Devils Lake, ND. Specifically, 

the FAA amends the V–55 description 

by removing the exclusionary language 

associated with the Devils Lake East 

MOA and amends the V–169 

description by removing the 

exclusionary language associated with 

the Devils Lake West MOA. 

VOR Federal airways are listed in 

paragraph 6010 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 VOR Federal airways listed in 

this document will be revised 

subsequently in the Order. 

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 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 the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does 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 United States Code. 

Subtitle I, 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 the 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 amends 

existing VOR Federal airways within the 

NAS. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311a, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ 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 FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010 VOR Federal Airways. 

(a) Domestic VOR Federal airways. 

* * * * * 

V–55 

From Dayton, OH; Fort Wayne, IN; Goshen, 

IN; Gipper, MI; Keeler, MI; Pullman, MI; 

Muskegon, MI; INT Muskegon 327° and 

Green Bay, WI, 116° radials; Green Bay; 

Stevens Point, WI; INT Stevens Point 281° 

and Eau Claire, WI, 107° radials; Eau Claire; 

Siren, WI; Brainerd, MN; Park Rapids, MN; 

Grand Forks, ND; INT Grand Forks 239° and 

Bismarck, ND, 067° radials; to Bismarck. 

* * * * * 

V–169 

From Tobe, CO; 69 MSL, Hugo, CO; 38 

miles, 67 MSL, Thurman, CO; Akron, CO; 

Sidney, NE; Scottsbluff, NE; Toadstool, NE; 

Rapid City, SD; Dupree, SD; Bismarck, ND; 

to Devils Lake, ND. 

Issued in Washington, DC, June 13, 2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–14657 Filed 6–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0081; Airspace 

Docket No. 12–AEA–5] 

RIN 2120–AA66 

Establishment of Area Navigation 

(RNAV) Routes; Washington, DC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule published by the FAA in the 

Federal Register on May 21, 2013, that 

establishes five RNAV routes in support 

of the Washington, DC, Optimization of 

Airspace and Procedures in a Metroplex 

project. This correction changes the 

name of one waypoint (WP) in the legal 

descriptions of RNAV routes T–291 and 

T–295. 

DATES: Effective date 0901 UTC, August 

22, 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: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

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