20410 Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations 

Mecklenburg 

Middlesex 

Northumberland 

Nottoway 

Orange 

Prince Edward 

Richmond 

Sussex 

Westmoreland 

*****

WISCONSIN 

*****

Milwaukee 

Survey Area 

Wisconsin: 

Milwaukee 

Ozaukee 

Washington 

Waukesha 

Area of Application. Survey area plus: 

Wisconsin: 

Brown 

Calumet 

Door 

Fond du Lac 

Kewaunee 

Manitowoc 

Outagamie 

Racine 

Sheboygan 

Walworth 

Winnebago 

[FR Doc. E9–10177 Filed 5–1–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0241; Airspace 

Docket No. 09–ASW–6] 

Amendment of Class E Airspace; 

Refugio, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the legal 

description of the Class E airspace at 

Refugio, TX. It removes the reference to 

the Rockport, TX, Class E airspace area 

to reflect its incorporation into the 

Corpus Christi, TX, Class E airspace area 

(74 FR 7560). All other legal 

descriptions for the Refugio, TX, 

airspace area remain the same. 

DATES: Effective Date: 0901 UTC, May 7, 

2009. 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd, Fort 

Worth, TX 76193–0530; telephone (817) 

321–7716. 

SUPPLEMENTARY INFORMATION: 

History 

On February 18, 2009, the FAA 

published in the Federal Register a final 

rule to revoke Class E airspace at 

Rockport, TX (74 FR 7560, Docket No. 

FAA–2008–0988). This airspace was 

incorporated into the Corpus Christi, 

TX, Class E surface area (74 FR 7557, 

Docket No. FAA–2008–0987). The FAA 

now will remove reference to the 

Rockport, TX, airspace area from the 

Refugio, TX, airspace area. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR Part 71.1. The 

Class E airspace designations listed in 

this document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

removing Rockport, TX, from the legal 

description of the Class E airspace area 

at Refugio, TX. 

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, when 

promulgated, will 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 U.S. Code. Subtitle 1, 

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 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 the 

legal description for Class E airspace at 

Refugio, TX. 

Since this is only an amendment to 

the legal description, and in 

consideration of the need to avoid 

confusion on the part of pilots flying in 

the vicinity of Refugio, TX, the FAA 

finds good cause, pursuant to 5 U.S.C. 

553(d), for making this amendment 

effective in less than 30 days in order to 

promote the safe and efficient handling 

of air traffic in the area. 

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 the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW TX E5 Refugio, TX [Amended] 

Refugio, Mellon Ranch Airport, TX 

(Lat. 28°16′51′′ N., long. 97°12′41′′ W.) 

Mellon Ranch NDB 

(Lat. 28°16′48′′ N., long. 97°12′21′′ W.) 

Refugio, Rooke Field, TX 

(Lat. 28°17′37′′ N., long. 97°19′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Mellon Ranch Airport, and within 

2.7 miles each side of the 345° bearing from 

the Mellon Ranch NDB extending from the 

6.8-mile radius to 7.4 miles north of the 

airport, and within 2.7 miles each side of the 

145° bearing from the Mellon Ranch NDB 


tjames on PRODPC75 with RULES
Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations 20411 

1 5 U.S.C. 533. 

2 5 U.S.C. 804(3)(C). 

3 5 U.S.C. 603. 4 44 U.S.C. 3501 et seq. 

extending from the 6.8-mile radius to 7.4 

miles south of the airport, excluding that 

airspace within a 1⁄2 mile radius of Rooke 

Field, and excluding that airspace within the 

Corpus Christi, TX Class E airspace area. 

* * * * * 

Issued in Fort Worth, TX, on April 22, 

2009. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–9989 Filed 5–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–59829] 

Delegation of Authority to the General 

Counsel 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

its rules to delegate to the General 

Counsel its authority to designate 

officers in authorized investigations 

conducted by the Office of General 

Counsel. The Office of General Counsel 

of the Commission has the authority to 

conduct authorized investigations under 

Section 21 of the Securities Exchange 

Act of 1934 (15 U.S.C. 78u) of possible 

violations by attorneys of the 

Commission Rules of Practice. In 

connection with these investigations, it 

may be necessary from time to time to 

amend the formal orders to add or 

remove officers designated to conduct 

the inquiry. 

A delegation of authority to the 

General Counsel to designate officers 

would spare the Commissioners and 

their staffs from having to review 

matters in which the Commission has 

already issued an order and which 

implicate no policy issues. This would 

allow the General Counsel to designate 

additional officers to take testimony and 

conduct investigations in those matters 

or similarly remove officer designations 

as may be necessary. This authority is 

identical to that granted to the Director 

of the Division of Enforcement with 

respect to authorized investigations 

conducted by that Division. 

DATES: Effective Date: May 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Donna McCaffrey, 202–551–5174, Office 

of General Counsel, Office of Litigation 

and Administrative Practice, Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

9612. 

SUPPLEMENTARY INFORMATION: Section 21 

(a)(1) of the Securities Exchange Act of 

1934 (‘‘Exchange Act’’) authorizes the 

Commission to conduct investigations 

regarding violations of the Exchange Act 

or its related rules or regulations. As 

part of such investigations, under 

Section 21(b) of the Exchange Act, the 

Commission may designate officers to 

administer oaths and affirmations, 

subpoena witnesses, compel their 

attendance, take evidence, and require 

the production of any books, papers, 

correspondence, memoranda or other 

records which the Commission deems 

relevant or material to the inquiry. 

The Commission is delegating to the 

General Counsel the authority to 

designate additional officers in 

authorized investigations and to remove 

designated officers as necessary. This 

delegated authority will also apply to 

already authorized investigations by the 

Commission, so the delegation will 

allow the General Counsel to designate 

additional officers for an authorized 

investigation or rescind designations as 

the investigation proceeds. 

Nevertheless, the staff may submit 

matters to the Commission for 

consideration, as it deems appropriate. 

Administrative Law Matters: 

The Commission finds, in accordance 

with the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)(3)(A)), that this 

revision relates solely to agency 

organization, procedures, or practices. 

Therefore, the provisions of the APA 

regarding notice of the proposed 

rulemaking and opportunities for public 

participation are not applicable.1 For 

the same reason, and because these 

amendments do not substantially affect 

the rights or obligations of non-agency 

parties, the provisions of the Small 

Business Regulatory Enforcement 

Fairness Act are not 

applicable.2 Additionally, the 

provisions of the Regulatory Flexibility 

Act, which apply only when notice and 

comment are required by the APA or 

other law, are not applicable.3 Section 

23(a)(2) of the Exchange Act requires the 

Commission, in adopting rules under 

the Act, to consider the anticompetitive 

effects of any rules it adopts. The 

Commission does not believe this rule 

will have any impact on competition 

because it imposes no new burdens on 

parties in authorized investigations. 

Finally, these amendments do not 

contain any collection of information 

requirements as defined by the 

Paperwork Reduction Act of 1995, as 

amended.4

Accordingly, it is effective May 4, 

2009. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

Text of Amendment 

■ For the reasons set out in the 

Preamble, title 17, chapter II of the Code 

of Federal Regulations is amended as 

follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

■ 1. The authority citation for part 200, 

subpart A, continues to read in part as 

follows: 

Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 

78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, 

80b–11, and 7202, unless otherwise noted. 

* * * * * 

■ 2. Section 200.30–14 is amended by 

adding paragraph (m) to read as follows: 

§ 200–30–14 Delegation of authority to the 

General Counsel. 

* * * * * 

(m)(1) To designate officers 

empowered to administer oaths and 

affirmations, subpoena witnesses, 

compel their attendance, take evidence, 

and require the production of any 

books, papers, correspondence, 

memoranda, contracts, agreements, or 

other records in the course of 

investigations instituted by the 

Commission pursuant to Section 21 of 

the Securities Exchange Act of 1934 (15 

U.S.C. 78u) including for possible 

violations by attorneys of Rule 102(e) of 

the Commission Rules of Practice (17 

CFR 201.102(e)). 

(2) To terminate the authority of 

officers to administer oaths and 

affirmations, subpoena witnesses, 

compel their attendance, take evidence, 

and require the production of any 

books, papers, correspondence, 

memoranda, contracts, agreements, or 

other records in the course of 

investigations instituted by the 

Commission pursuant to Section 21 of 

the Securities Exchange Act of 1934 (15 

U.S.C. 78u) including for possible 

violations by attorneys of Rule 102(e) of 

the Commission Rules of Practice (17 

CFR 201.102(e)). 

By the Commission. 


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