3860 Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430,

telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number and

be submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AEA–50.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, Federal Building #111,

John F. Kennedy International Airport,

Jamaica, NY 11430. Communications

must identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to 14 CFR part 71 to amend

the Class E airspace area at Andover, NJ.

A GPS RWY 3 SIAP has been developed

for the Aeroflex-Andover Airport.

Additional controlled airspace

extending upward from 700 feet AGL is

needed to accommodate the SIAP and

for IFR operations at the airport. Class

E airspace designations for airspace

areas extending upward from 700 feet or

more above the surface of the earth are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document

would be published subsequently in the

Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would 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).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR Part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA NJ E5 Andover, NJ [Revised]

Aeroflex-Andover Airport, NJ

(lat. 41°00′31′′N., long. 74°44′17′′W.)

That airspace extending upward from 700

feet above the surface within a 10-mile radius

of Aeroflex-Andover Airport, excluding the

portion that coincides with the Sussex, NJ,

Blairstown, NJ, and New York, NY, Class E

airspace areas.

* * * * *

Issued in Jamaica, New York, on December

29, 1997.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 98–1930 Filed 1–26–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Parts 721 and 722

Removal of Rules on Standards of

Conduct and Reporting Procedures on

Defense Related Employment

AGENCY: Department of the Navy, DOD.

ACTION: Final rule; removal.

SUMMARY: The Department of the Navy

(DON) is removing rules for employee

standards of conduct and reporting

procedures for defense-related

employment (32 CFR Parts 721 and

722). Both rules have been superseded,

and in that they no longer have any

effect, are removed immediately.

Providing for a comment period before

final action in this case would be

unnecessary, impracticable, and

contrary to public interest. However,

DON will accept and consider

comments from interested persons in

evaluating the effect of this action.

DATES: Effective Date of Removal:

January 27, 1998.

Comment date: Comments on this

removal action should be submitted in

writing to the address shown below on

or before March 30, 1998.

ADDRESSES: Interested parties should

submit written comments to Department

of the Navy, Office of the Judge

Advocate General, Administrative Law

Division (Code 13), 200 Stovall Street,

Alexandria, Virginia, 22332–2400.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mike Quinn,

(703) 604–8200.

SUPPLEMENTARY INFORMATION:
Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules 3861

A. Background

On April 12, 1989, President Bush

issued Executive Order (E.O.) 12674,

‘‘Principles of Ethical Conduct for

Government Officers and Employees.’’

Section 201(a) of E.O. 12674 made the

Office of Government Ethics (OGE)

responsible for promulgating ‘‘a single,

comprehensive, and clear set of

executive-branch standards of conduct

that shall be objective, reasonable, and

enforceable.’’

The OGE issued uniform standards of

ethical conduct for all employees of the

executive branch, codified at 5 CFR Part

2635, on August 7, 1992 (57 FR 35006).

These regulations became effective on

February 3, 1993.

Section 301(a) of E.O. 12674 allows

agency heads to supplement, where

necessary and appropriate, the OGE

standards of conduct. The Secretary of

Defense, in consultation and

conjunction with the OGE, issued

supplemental ethical rules applicable to

all Department of Defense (DOD)

Components in August 1993. These

supplemental rules, codified in 32 CFR

Parts 83 and 84, state that the DOD

‘‘shall have a single source of standards

of ethical conduct and ethics guidance,

including direction in the areas of

financial and employment disclosure

systems, post-employment rules,

enforcement, and training.’’ See, 32 CFR

83.4(a) and 84.1(a).

With promulgation of the OGE

regulations and the DOD ‘‘Joint Ethics

Regulation,’’ the DON’s standards of

conduct contained in 32 CFR part 721

have been completely superseded. The

Secretary of the Navy formally cancelled

the DON’s standards of conduct

instruction on April 11, 1997. For these

reasons, the Navy is now removing and

reserving 32 CFR part 721.

Similarly, the rule contained in 32

CFR part 722 no longer has any meaning

or effect. Part 722 contains requirements

and procedures for the filing of form DD

1787 by certain present, former or

retired DON personnel in reporting

employment with DOD prime

contractors. Authority for this rule was

formerly found in 10 U.S.C. 2397. The

National Defense Authorization Act for

Fiscal Year 1997 (Pub. L. 104–106, Sec.

4304) repealed this statutory provision.

The reporting requirement that this Part

implements no longer exists.

B. Determination to Remove Without

Prior Public Comment

This removal action is being issued as

a final rule, without a public comment

period, as an exception to the DON’s

standard practice of soliciting comments

during the rulemaking process.

Providing a period of public comment

in this case would be unnecessary,

impracticable, and contrary to the

public interest. This determination is

based on several factors. First, removal

of these Parts is entirely administrative

and corrective in nature, not requiring

the exercise of agency discretion.

Second, this action has already been

substantially delayed, and further delay

is unwarranted. Finally, to allow these

Parts to remain in the Code of Federal

Regulations any longer may mislead and

confuse the public and past or present

DON employees regarding applicable

ethics rules and post-government

employment reporting requirements.

C. Matters of Regulatory Procedure

Executive Order 12866, Regulatory

Planning and Review

Removal of these Parts does not meet

the definition of ‘‘significant regulatory

action’’ for purposes of E.O. 12866.

Regulatory Flexibility Act

Removal of these Parts will not have

a significant economic impact on a

substantial number of small entities for

purposes of the Regulatory Flexibility

Act (5 U.S.C. chapter 6).

Paperwork Reduction Act

Removal of these rules will not

impose collection of information

requirements for purposes of the

Paperwork Reduction Act (44 U.S.C.

chapter 35, 5 CFR Part 1320).

List of Subjects

32 CFR Part 721

Conflict of interests, Government

employees, Military personnel,

Reporting and recordkeeping

requirements.

32 CFR Part 722

Conflict of interests, Government

contracts, Government employees,

Military personnel, Reporting and

recordkeeping requirements.

PARTS 721 AND 722—[REMOVED AND

RESERVED]

Under the authority of Sec. 4304,

Public Law 104–106, 110 Stat. 186, and

E.O. 12674, and for the reasons set forth

in the preamble, remove and reserve

parts 721 and 722 of title 32 of the Code

of Federal Regulations.

Dated: January 13, 1998.

Michael I. Quinn,

Lieutenant Commander, Judge Advocate

General’s Corps, U.S. Navy, Federal Register

Liaison Officer.

[FR Doc. 98–1922 Filed 1–26–98; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 154 and 155

[USCG–98–3350]

Review of Cap Increases; Response

Plans for Marine Transportationrelated (MTR) Facilities and Tank

Vessels

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: Current Coast Guard response

plan regulations for MTR facilities and

tank vessels contain requirements for

on-water oil removal capacity (referred

to as caps) that plan-holders

transporting or transferring groups I

through IV petroleum oil are required to

meet in planning for a worst case

discharge. The original caps were set in

1993 and were scheduled to increase by

25% on February 18, 1998, provided the

Coast Guard completed a review of the

cap increases and determined the cap

increases were practicable. The Coast

Guard’s review of the cap increases is

on-going. Therefore, the Coast Guard

will not implement the cap increases as

originally scheduled, and the 1993 caps

will remain in effect pending the results

of the review. The Coast Guard requests

comments on the practicability of the

cap increases.

DATES: Comments must be received on

or before April 27, 1998.

ADDRESSES: You may mail comments to

the Docket Management Facility,

[USCG–98–3350], U.S. Department of

Transportation, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001, or deliver them to room

PL–401, located on the Plaza Level of

the Nassif Building at the same address

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

The Docket Management Facility

maintains the public docket for this

request for information. Comments, and

documents as indicated in this

preamble, will become part of this

docket and will be available for

inspection or copying at room PL–401,

located on the Plaza Level of the Nassif

Building at the above address between

10 a.m. and 5 p.m., Monday through

Friday, except Federal holidays. You

may also access the public docket on the

internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

LCDR John Caplis, Project Manager,

Office of Response (G–MOR), at 202–

267–6922; e-mail: