26434 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

14 CFR Part 71

[Airspace Docket No. 95–AGL–4]

Removal of Class D Airspace; K.I.

Sawyer (AFB), MI

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action removes Class D

airspace at K.I. Sawyer (AFB), MI. On

August 31, 1995, the Air Force closed

Sawyer AFB and ceased all operations.

As a result, Class D airspace at this

location is no longer necessary.

EFFECTIVE DATE: 0901 UTC, August 15,

1996.

FOR FURTHER INFORMATION CONTACT:

Peter H. Salmon, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On January 31, 1996, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to remove Class D airspace at

K.I. Sawyer AFB, MI (61 FR 3346).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class D airspace

designations are published in paragraph

5000 of FAA Order 7400.9C dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class D designation listed in

this document will be removed

subsequently in the Order.

The Rule

The amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) removes Class D airspace at K.I.

Sawyer AFB, MI. On August 31, 1995

the Air Force closed Sawyer AFB and

ceased all operations. As a result Class

D airspace at this location is no longer

necessary.

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 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 14 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 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL MI D K.I. Sawyer, MI [Removed]

* * * * *

Issued in Des Plaines, Illinois on May 2,

1996.

Maureen Woods,

Acting Manager, Air Traffic Division.

[FR Doc. 96–13253 Filed 5–24–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR part 73

[Docket No. 27400; Amendment No. 73–8]

Special Use Airspace

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; technical

amendment.

SUMMARY: This action replaces the title

of the Director, Office of Air Traffic

System Management, with Program

Director for Air Traffic Operations. This

change is necessary to make the

regulation consistent with the current

Air Traffic organizational structure.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Joseph C. White, Air Traffic Rules,

ATA–431, Airspace and Rules Division,

800 Independence Avenue, SW.,

Washington, DC 20591, telephone (202)

267–8783.

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1996, the Air Traffic

Services of the FAA underwent a

reorganization that affected the

Washington headquarters and regional

offices. One result of the reorganization

was a realignment of functions with

corresponding changes in office names.

Section 73.19, Reports by Using Agency,

of Title 14, Code of Federal Regulations

(14 CFR) requires agencies using special

use airspace to report their annual use

of assigned restricted areas to the

Director, Office of Air Traffic System

Management. The office with current

responsibility for managing those

reports now is the Program Director for

Air Traffic Operations. This technical

amendment updates the rule to reflect

the change in office name.

Because this action is merely a

technical amendment reflecting the

change in the name of an office, the

FAA finds that notice and public

procedure under 5 U.S.C. 553(b) are

unnecessary. For the same reason, the

FAA finds that good cause exists under

5 U.S.C. 5553(d) for making this

amendment effective upon publication.

The FAA has determined that this

regulation; (1) is not ‘‘significant’’ 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 minimal. Since this is a

routine matter that will affect only air

traffic procedures, 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 73

Air safety, Air traffic control, Air

transportartion, Airmen, Airports,

Aviation safety.

The Amendment

In consideration of the above, the

FAA 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, 14 CFR 11.69.

2. In Section 73.19, paragraphs (a) and

(c) are revised as follows:
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26435

§ 73.19 Reports by using agency.

(a) Each using agency shall prepare a

report on the use of each restricted area

assigned thereto during any part of the

preceding 12-month period ended

September 30, and transmit it by the

following January 31 of each year to the

Manager, Air Traffic Division in the

regional office of the Federal Aviation

Administration having jurisdiction over

the area in which the restricted area is

located, with a copy to the Program

Director for Air Traffic Operations,

Federal Aviation Administration,

Washington, DC 20591.

* * * * *

(c) If it is determined that the

information submitted under paragraph

(b) of this section is not sufficient to

evaluate the nature and extent of the use

of a restricted area, the FAA may

request the using agency to submit

supplementary reports. Within 60 days

after receiving a request for additional

information, the using agency shall

submit such information as the Program

Director for Air Traffic Operations

considers appropriate. Supplementary

reports must be sent to the FAA officials

designated in paragraph (a) of this

section.

* * * * *

Issued in Washington, DC, on May 17,

1996.

Harold W. Becker,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 96–13256 Filed 5–24–96; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Parts 611 and 620

[Docket No. 960222043–6131–02; I.D.

111595B]

RIN 0648–AC61

Foreign and Domestic Fishing;

Scientific Research Activity and

Exempted Fishing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues new and revised

definitions for certain regulatory terms

to distinguish clearly among scientific

research activities, exempted fishing,

and exempted educational activities; to

clarify and standardize issuance

procedures for letters of

acknowledgement of notification of

scientific research activity and

exempted fishing permits (EFPs); and to

facilitate scientific research activities.

EFFECTIVE DATE: June 27, 1996.

ADDRESSES: Comments regarding

burden-hour estimates or other aspects

of the collection-of-information

requirements contained in this rule

should be sent to Richard H. Schaefer,

Director, Office of Fisheries

Conservation and Management, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910, and to the Office of

Management and Budget, Paperwork

Reduction Project (0648–0214),

Washington, DC 20503 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

William D. Chappell at 301–713–2341

SUPPLEMENTARY INFORMATION: The

Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.)

(Magnuson Act) authorizes the Secretary

of Commerce (Secretary ) to conserve

and manage fishery resources in the

exclusive economic zone (EEZ) by

regulating ‘‘fishing.’’ Excluded expressly

from the definition of ‘‘fishing,’’ and

therefore from the Magnuson Act’s

purview, is ‘‘scientific research activity

which is conducted by a scientific

research vessel.’’ However, the

Magnuson Act does not define

‘‘scientific research activity’’ or

‘‘scientific research vessel.’’ The

legislative history provides little

guidance on Congress’ intent in

exempting scientific research conducted

from a scientific research vessel from

the Magnuson Act’s requirements. In

this rule, NMFS defines ‘‘scientific

research activity,’’ ‘‘scientific research

vessel,’’ and related terms.

‘‘Exempted fishing,’’ an activity that

has been regulated under fishery

management plans (FMPs) prepared by

Regional Fishery Management Councils

(Councils) or the Secretary, is defined in

this rule for domestic vessels only.

NMFS anticipates that individual FMPs

that currently authorize ‘‘experimental

fishing’’ will be amended, as necessary,

to replace existing references to

‘‘experimental fishing’’ with references

to ‘‘exempted fishing,’’ and to

standardize terminology and procedures

for issuance of EFPs by replacing

existing regulatory text with references

to these rules. In the absence of specific

regulations for each fishery, these

procedures will be followed. Authority

to allow exempted fishing in any

regulated fishery would be established

through the governing FMP and/or its

implementing regulations.

In addition, NMFS proposes to define

‘‘exempted educational activity’’ for the

domestic fishing regulations to

distinguish between commercially

oriented exempted fishing and those

activities of very limited scope and

duration, conducted by educational

institutions, that may involve activities

that are not in accordance with

regulations implemented under

authority of an FMP. In the absence of

specific regulations for each fishery,

these procedures will be followed.

NMFS published a proposed rule at

61 FR 10712, March 15, 1996,

requesting comments by April 15, 1996.

No comments from the general public or

other agencies were received. The

following addresses internal comments

generated during review.

Throughout the rule, the term ‘‘Center

Director’’ is replaced by the term

‘‘Science and Research Director’’ to

reflect accurately the title of the

Directors of NMFS’s Fishery Science

Centers.

Under the definition of the term

‘‘scientific research plan’’ for both the

foreign and domestic regulations,

paragraph (5) has been revised to

include expected quantities of fish to be

taken instead of an absolute amount,

retaining some flexibility for

researchers.

In § 620.10(b)(1), the authority of the

Regional Director to issue EFPs is

expanded to include reasons of health

and safety, environmental cleanup, and

hazard removal. This provision allows

an exemption for fishing gear to be used

in oil rig removal cleanup, oil spill

cleanup, or other contingencies not

directly related to fishing.

In § 620.10(b)(3)(i), the requirement

for a comment period on EFPs is

modified to allow comment to be taken

at a Council meeting instead of, or in

conjunction with, a more formal

comment period. This allows some

Councils to continue their current

practice, which has proven sufficient for

public comment and is more efficient in

providing timely response to the

applicants.

In § 620.10(d)(3)(ii)(F), the paragraph

is corrected to reference exempted

educational activity instead of EFP.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated, to the

Assistant Administrator for Fisheries,

NOAA, the authority to sign material for

publication in the Federal Register.

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.