### 70854 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations

or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office.
(l) Related Information

(1) For more information about this AD, contact Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057– 3356; phone: 425–917–6438; fax: 425–917– 6590; email: suzanne.lucier@faa.gov.

(2) Refer to the applicable information specified in paragraph (l)(2)(i) or (l)(2)(ii) of this AD for guidance on inspecting the engine and correcting damage.

(i) For Model 747–8 and 747–8F series airplanes: Refer to Task 72–00–00–290–801– G00, High Pressure Compressor Section (with a Borescope) Detailed Inspection, of Subject 72–00–00, Engine—Inspection/Check, of Chapter 72, Engine, of the Boeing 747–8 Aircraft Maintenance Manual.

(ii) For Model 787–8 airplanes: Refer to Data Module DMC–B787–A–G72–00–00– 06B–280C–A, High Pressure Compressor Section (with a Borescope)—Special Detailed Inspection, of the Boeing 787–8 Aircraft Maintenance Manual.

(3) For Boeing service information identified in this AD that is not incorporated by reference, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221.
(m) Material Incorporated by Reference

None. Issued in Renton, Washington, on November 22, 2013. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013–28638 Filed 11–26–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 73**

**[Docket No. FAA–2013–0931; Airspace Docket No. 13–AWP–6]** 

**RIN 2120–AA66**

**Amendment of Restricted Area R–7201 Farallon De Medinilla Island; Mariana**  **Islands, GU**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; technical amendment.

**SUMMARY :**  This action makes a minor correction to the longitude coordinate in the boundary of restricted area R–7201, Farallon De Medinilla Island, Mariana Islands, Guam. This change is due to the National Oceanic and Atmospheric Administration’s (NOAA) adoption of a revised datum which resulted in a minor shift in the charted location of Farallon De Medinilla Island. This action adjusts the longitude coordinate of the restricted area to ensure that it is charted in the proper position over the Island.

**DATES :**  Effective date: December 27,
2013.

**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 :**  Background

Based on a NOAA survey in 2010, it was determined that Farallon De Medinilla Island (FDM) was not plotted properly on the NOAA charts. As a result, the datum for charting the FDM inset on NOAA Chart 81086 was corrected based on the survey findings. This requires a minor adjustment in the longitude coordinate for R–7201 to take into account the revised positioning of FDM on NOAA Chart 81086 and to ensure that the restricted area is centered over FDM on the current NOAA chart.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by making a minor correction to the longitude coordinate in the description of restricted area R–7201, Farallon De Medinilla Island, Mariana Islands, Guam. This action changes the longitude coordinate from ‘‘long.
146 ° 04 ′ 39′′ E.’’ to ‘‘long. 146 ° 03 ′ 31 ′′ E.’’

This change does not affect the designated altitudes or activities conducted within the restricted area. Because this is a minor change that merely provides a more accurate plotting of the FDM Island and the overlying restricted airspace to match the amended NOAA chart datum, notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

The FAA has determined that this action 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 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 amends the description of restricted area R–7201, Farallon De Medinilla Island, Mariana Islands.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, paragraph 311d. This action is an administrative change to the description of affected restricted area R–7201 to reflect a more accurate geographic coordinate. It does not alter the dimensions, altitudes, time of designation or use of the airspace; therefore, it is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exists that warrant preparation of an environmental
assessment. List of Subjects in 14 CFR Part 73

Airspace, Prohibited areas, Restricted

areas. Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73, as follows:

**PART 73—SPECIAL USE AIRSPACE**

■ 1. The authority citation for part 73 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.


### 70855 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations

1 LSS was the Office of Technical Services until 1992 when it was renamed LSS. LSS transitioned to CBP’s Office of Information and Technology from the Office of Field Operations on September 1, 2000. LSS provides CBP with forensic and scientific analysis in trade enforcement. The field laboratories use mobile labs to provide on-site emergency response and analysis at the border. 2 CBP subsequently established IA and special agents in charge within that office to investigate internal matters. **§ 73.72 [Amended]**

■ 2. Section 73.72 is amended as follows:

* * * * *
R–7201 Farallon De Medinilla Island, Mariana Islands, GU [Amended]

By removing the sentence under Boundaries and adding in their place:

Boundaries. The area within a 3- nautical mile radius of lat. 16 ° 01 ′04′′ N., long. 146 ° 03 ′ 31 ′′ E.

Issued in Washington, DC, on November 19, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013–28481 Filed 11–26–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**Customs and Border Protection**

**DEPARTMENT OF THE TREASURY**

**19 CFR PART 103**

**[CBP Dec. 13–18]**

**Technical Corrections Relating to the Procedures for the Production or**  **Disclosure of Information in State or Local Criminal Proceedings** 

**AGENCY :**  U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury.

**ACTION :**  Final rule.

**SUMMARY :**  This document amends U.S. Customs and Border Protection (CBP) regulations to update the list of supervisors authorized to allow their employees to testify in state or local criminal proceedings in response to a demand of a court, administrative agency, or other authority. The applicable regulation was promulgated by the U.S. Customs Service prior to the creation of CBP as part of the Department of Homeland Security (DHS). The changes are necessary to more accurately reflect the current CBP organizational structure. This document also makes non-substantive editorial and nomenclature changes to reflect the transfer of the legacy U.S. Customs Service of the Department of the Treasury to DHS and the creation of U.S. Customs and Border Protection.

**DATES :**  Effective Date: November 27,
2013.

**FOR FURTHER INFORMATION CONTACT :**  Howard Charles, Office of Chief Counsel, 202–344–2759, howard.charles@dhs.gov

. **SUPPLEMENTARY INFORMATION :**  I. Background
A. Production or Disclosure in Federal, State, Local, and Foreign Proceedings

Title 19, Code of Federal Regulations (19 CFR), Part 103, Subpart B, sets forth the procedures to be followed with respect to the production or disclosure of any information, including testimony, in all federal, state, local, and foreign proceedings when a demand of a court, administrative agency, or other authority is issued for such information. Although 19 CFR 103.22(a) generally requires prior written approval from the Chief Counsel of the former U.S. Customs Service, 19 CFR 103.26 allows certain agency supervisors to authorize their employees to testify, disclose, or produce certain information in state or local criminal cases when the demand is made by prosecutors. The listed agency supervisors include: port directors, special agents in charge, and chiefs of field laboratories. B. Establishment and Reorganization of CBP Under the Homeland Security Act of 2002

The Department of Homeland Security (DHS) was established on January 24, 2003, pursuant to the Homeland Security Act of 2002. See Homeland Security Act of 2002, Public Law 107–296, 116 Stat. 2135, codified at 6 U.S.C. 111. Section 403(1) of the Homeland Security Act of 2002 transferred the functions, personnel, assets, and liabilities of the U.S. Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury, to the Secretary of Homeland Security, with certain exceptions pertaining to Customs revenue functions not relevant to this final rule.

The reorganization under DHS resulted in the consolidation of certain existing organizations as well as the creation of new divisions, or offices, within U.S. Customs and Border Protection (CBP). The Office of Field Operations (OFO), Office of Internal Affairs (IA), U.S. Border Patrol (USBP), Office of Air and Marine (OAM), and Laboratory and Scientific Services (LSS) 1 were established under CBP following the reorganization under DHS. Similarly, under the DHS reorganization the investigative functions of the former U.S. Customs Service were reassigned to U.S. Immigration and Customs Enforcement (ICE). 2 C. Regulatory Amendment

The list of agency supervisors contained in 19 CFR 103.26 who can authorize their employees to testify or provide information in state or local criminal cases has not been updated to reflect the organizational structure of CBP. As such, it does not include personnel from USBP or OAM and it includes LSS position titles that no longer exist in the CBP organization.

Therefore, it is necessary to amend 19 CFR 103.26 to include the appropriate officials within CBP, including USBP, OAM, and LSS personnel.

Under CBP’s current organizational structure, ‘‘port directors,’’ ‘‘special agents in charge within the Office of Internal Affairs,’’ ‘‘chief patrol agents’’, ‘‘directors within the Office of Air and Marine’’, ‘‘directors of field laboratories’’, and ‘‘any supervisor of such officials’’ are the appropriate officials within OFO, IA, USBP, OAM, and LSS, respectively, who are authorized to allow employees under their supervision to provide information and testify in state or local criminal proceedings.

For the reasons described above, and to more accurately reflect the current CBP organizational structure, this final rule amends 19 CFR 103.26 by adding ‘‘chief patrol agents’’, ‘‘directors within the Office of Air and Marine’’, and ‘‘any supervisor of such officials’’; and by replacing ‘‘chiefs of field laboratories’’ with ‘‘directors of field laboratories’’ in the list of personnel authorized to allow employees under their supervision to testify, disclose, or produce certain information in state or local criminal proceedings.

This document also amends 19 CFR part 103, Subpart B to reflect the transfer of the legacy U.S. Customs Service of the Department of the Treasury to DHS and the subsequent renaming of the agency as U.S. Customs and Border Protection (CBP). II. Statutory and Regulatory Requirements A. Inapplicability of Public Notice and Delayed Effective Date Requirements

This amendment merely updates the regulations to reflect the current organizational structure of CBP as it relates to the supervisors authorized to allow employee testimony in state and local criminal proceedings and to reflect