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Federal Register/Vol. 80, No. 205/Friday, October 23, 2015/Rules and Regulations

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Federal Register/Vol. 80, No. 205/Friday, October 23, 2015/Rules and Regulations Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64319 Availability and Summary of Lists of Subjects in 14 CFR Part 71 the same as, and will supplement, Documents for Incorporation by Airspace, Incorporation by reference, Department of State guidance currently Reference Navigation (air). in the Foreign Affairs Manual, which is also available to the public. This document amends FAA Order Adoption of the Amendment DATES: This rule will be effective on 7400.9Z, Airspace Designations and In consideration of the foregoing, the November 23, 2015. Reporting Points, dated August 6, 2015, Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: and effective September 15, 2015. FAA amends 14 CFR part 71 as follows: Alice Kottmyer, Office of the Legal Order 7400.9Z is publicly available as Adviser, who may be reached at (202) listed in the ADDRESSES section of this PART 71—DESIGNATION OF CLASS A, 647–2318. document. FAA Order 7400.9Z lists B, C, D, AND E AIRSPACE AREAS; AIR SUPPLEMENTARY INFORMATION: Pursuant Class A, B, C, D, and E airspace areas, TRAFFIC SERVICE ROUTES; AND to Section 206 of the Foreign Service air traffic service routes, and reporting REPORTING POINTS points. Act of 1980 (the Act), codified at 22 ■ 1. The authority citation for Part 71 U.S.C. 3926, the Secretary of State may The Rule continues to read as follows: prescribe regulations to carry out functions under the Act. The Secretary This amendment to Title 14, Code of Authority: 49 U.S.C. 106(f), 106(g); 40103, has done so in the Department’s Foreign Federal Regulations (14 CFR) part 71 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Affairs Manual (FAM). 1959–1963 Comp., p. 389. establishes Class E surface area airspace, The FAM is the formal written at Pearson Field, Vancouver, WA. A § 71.1 [Amended] document for recording, maintaining, review of the airspace revealed current and issuing Department directives, ■ 2. The incorporation by reference in standard instrument approach which are written communications 14 CFR 71.1 of FAA Order 7400.9Z, procedures not being fully contained establishing and prescribing the Airspace Designations and Reporting within controlled airspace. Class E organizations, policies, or procedures Points, dated August 6, 2015, and surface area airspace is established that provide an official basis of effective September 15, 2015, is within an area 4.9 miles west, 4 miles Department operation. amended as follows: east, 2.9 miles north, and 1.8 miles The Foreign Service includes south of Pearson Field. Paragraph 6002 Class E Airspace personnel not only from the Designated as Surface Areas. Department, but U.S. Agency for Regulatory Notices and Analyses * * * * * International Development, and certain offices within the Departments of The FAA has determined that this ANM OR E2 Vancouver, WA [New] Commerce and Agriculture, among regulation only involves an established Pearson Field, WA body of technical regulations for which ° ′ ″ ° ′ ″ others. FSOs may be recruited both from (Lat. 45 37 14 N., Long. 122 39 23 W.) current federal personnel (for example, frequent and routine amendments are That airspace extending upward from the necessary to keep them operationally from the civil service) and from the surface bounded by a line beginning at Lat. general public. Recruitment from current, is non-controversial and 45°36′06″ N., Long. 122°46′29″ W.; to Lat. unlikely to result in adverse or negative 45°38′27″ N., Long. 122°46′19″ W.; to Lat. current federal service is covered by the comments. It, therefore: (1) Is not a 45°40′21″ N., Long. 122°44′08″ W.; to Lat. FAM. ‘‘significant regulatory action’’ under 45°39′49″ N., Long. 122°33′23″ W.; to Lat. The procedures relating to ° ′ ″ ° ′ ″ Executive Order 12866; (2) is not a 45 34 51 N., Long. 122 33 53 W.; thence to recruitment of FSOs from the general ‘‘significant rule’’ under DOT the point of beginning. public are covered by rules published in Regulatory Policies and Procedures (44 the CFR, in part 11. However, since Issued in Seattle, Washington, on October many of the policies and procedures FR 11034; February 26, 1979); and (3) 15, 2015. does not warrant preparation of a dealing with the latter appointments are Christopher Ramirez, the same as those used to appoint Regulatory Evaluation as the anticipated Manager, Operations Support Group, Western impact is so minimal. Since this is a current federal personnel to the Foreign Service Center. Service, the provisions of part 11 and routine matter that only affects air traffic [FR Doc. 2015–26948 Filed 10–22–15; 8:45 am] procedures and air navigation, it is the FAM must be consistent. Therefore, BILLING CODE 4910–13–P certified that this rule, when where part 11 uses the same procedures as the FAM, it refers to the relevant promulgated, does not have a significant FAM provisions. economic impact on a substantial DEPARTMENT OF STATE Other than a minor amendment in number of small entities under the 2002 (see 67 FR 46108), part 11 has criteria of the Regulatory Flexibility Act. 22 CFR Part 11 remained as it was drafted 31 years ago; Environmental Review [Public Notice: 9324] whereas, the relevant provisions of the FAM were updated in 2013. This The FAA has determined that this RIN 1400–AD59 rulemaking harmonizes the two action qualifies for categorical exclusion authorities. The Department believes Appointment of Foreign Service under the National Environmental that a revised part 11, together with the Officers Policy Act in accordance with FAA FAM, provide comprehensive guidance Order 1050.1F, ‘‘Environmental AGENCY: Department of State. for both internal stakeholders and Impacts: Policies and Procedures,’’ ACTION: Final rule. interested members of the general paragraph 311a. This airspace action is public on the appointment of Foreign not expected to cause any potentially SUMMARY: The Department of State Service Officers. significant environmental impacts, and amends provisions in the Code of The Department’s revision of part 11 no extraordinary circumstances exist Federal Regulations related to the is part of its Retrospective Review that warrant preparation of an appointment of Foreign Service Officers. conducted pursuant to Executive Order environmental assessment. The revised rules will be substantially 13563. VerDate Sep<11>2014 16:44 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\23OCR1.SGM 23OCR1 mstockstill on DSK4VPTVN1PROD with RULES 64320 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations Regulatory Findings Executive Orders 12866 and 13563: modified as a result of the notification Regulatory Review requirements in Section Administrative Procedure Act Although the Department of State is 11.20(d)(2)(i)(B). The revision to part 11 of 22 CFR generally exempt from the provisions of List of Subjects in 22 CFR Part 11 relates to the Department’s organization, Executive Order 12866, it has reviewed procedure, or practice and is not subject this rulemaking to ensure its Foreign service, Foreign officials, to the notice-and-comment procedures consistency with the regulatory Government employees. of 5 U.S.C. 553(b). philosophy and principles set forth in Accordingly, revise 22 CFR part 11 to these Executive Orders, and has read as follows: Regulatory Flexibility Act/Executive determined that the benefits of this Order 13272: Small Business rulemaking justify any costs. The PART 11—APPOINTMENT OF Department cannot identify any cost to The Department certifies that this FOREIGN SERVICE OFFICERS the public associated with this rulemaking is not expected to have a rulemaking. The Department does not Sec. significant impact on a substantial consider this rulemaking to be a 11.10 Links to relevant provisions of the number of small entities under the significant regulatory action within the Foreign Affairs Manual. criteria of the Regulatory Flexibility Act, scope of section 3 of Executive Order 11.20 Entry-level Foreign Service Officer career candidate appointments. 5 U.S.C. 601–612, and Executive Order 12866. The Department considers this 13272, section 3(b). 11.30 Mid-level Foreign Service Officer rule to be part of its Retrospective career candidate appointments. The Congressional Review Act Review conducted pursuant to [Reserved] Executive Order 13563. 11.40 Senior Foreign Service Officer career This rulemaking is not a major rule as Executive Order 12988: Civil Justice candidate appointments. [Reserved] 11.50 Foreign Service specialist career defined by 5 U.S.C. 804, for purposes of Reform congressional review of agency candidate appointments. 11.60 Limited non-career appointments. rulemaking. The Department has reviewed this rulemaking in light of sections 3(a) and Authority: 22 U.S.C. 2651a, 3926, 3941. The Unfunded Mandates Reform Act of 3(b)(2) of Executive Order 12988 to 1995 eliminate ambiguity, minimize § 11.10 Links to relevant provisions of the litigation, establish clear legal Foreign Affairs Manual. Section 202 of the Unfunded standards, and reduce burden. (a) The Foreign Affairs Manual (FAM) Mandates Reform Act of 1995, 2 U.S.C. Executive Order 13175: Consultation is the formal written document for 1532, generally requires agencies to recording, maintaining, and issuing prepare a statement before proposing or and Coordination With Indian Tribal Governments Department of State (Department) adopting any rule that may result in an directives that address personnel and The Department has determined that annual expenditure of $100 million or other matters. It is the primary authority this rulemaking will not have tribal more by state, local, or tribal for appointment of current Department implications, will not impose governments, or by the private sector. employees to the Foreign Service. This substantial direct compliance costs on This rulemaking will not result in any part is the primary authority for the Indian tribal governments, and will not such expenditure nor will it appointment of non-employees to the pre-empt tribal law.
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