15992 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations

the VWP. Accordingly, beginning April as a final rule, on the grounds set forth PART 217—VISA WAIVER PROGRAM 5, 2010, citizens and eligible nationals above, a regulatory flexibility analysis is from Greece may apply for admission to not required under the RFA. ■ 1. The general authority citation for part 217 continues to read as follows: the United States at U.S. ports of entry DHS has considered the impact of this as nonimmigrant visitors for a period of rule on small entities and has Authority: 8 U.S.C. 1103, 1187; 8 CFR part ninety days or less for business or determined that this rule will not have 2. pleasure without first obtaining a a significant economic impact on a * * * * * nonimmigrant visa, provided that they substantial number of small entities. ■ 2. In section 217.2 the definition of are otherwise eligible for admission The individual aliens to whom this rule the term ‘‘Designated country’’ in under applicable statutory and applies are not small entities as that paragraph (a) is revised to read as regulatory requirements. term is defined in 5 U.S.C. 601(6). follows: Accordingly, there is no change III. Statutory and Regulatory § 217.2 Eligibility. Requirements expected in any process as a result of this rule that would have a direct effect, (a) * * * A. Administrative Procedure Act either positive or negative, on a small Designated country refers to Andorra, Under the Administrative Procedure entity. Australia, Austria, Belgium, Brunei, Act (5 U.S.C. 553(b)), an agency may Czech Republic, Denmark, Estonia, C. Unfunded Mandates Reform Act of waive the normal notice and comment Finland, France, Germany, Greece, 1995 requirements if it finds, for good cause, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, that they are impracticable, This rule will not result in the Luxembourg, Malta, Monaco, the unnecessary, or contrary to the public expenditure by State, local, and tribal Netherlands, New Zealand, Norway, interest. The final rule merely lists a governments, in the aggregate, or by the Portugal, Republic of Korea, San country that the Secretary of Homeland private sector, of $100 million or more Marino, Singapore, Slovak Republic, Security, in consultation with the in any one year, and it will not Slovenia, Spain, Sweden, Switzerland, Secretary of State, has designated as a significantly or uniquely affect small and the United Kingdom. The United VWP eligible country in accordance governments. Therefore, no actions were Kingdom refers only to British citizens with 8 U.S.C. 1187(c). This amendment deemed necessary under the provisions who have the unrestricted right of is a technical change simply updating of the Unfunded Mandates Reform Act permanent abode in the United the list of VWP eligible countries. of 1995. Therefore, notice and comment for this Kingdom (England, Scotland, Wales, rule are unnecessary and contrary to the D. Executive Order 12866 Northern Ireland, the Channel Islands public interest because the rule has no and the Isle of Man); it does not refer to This amendment does not meet the substantive impact, is technical in British overseas citizens, British criteria for a ‘‘significant regulatory nature, and relates only to management, dependent territories’ citizens, or action’’ as specified in Executive Order organization, procedure, and practice. citizens of British Commonwealth 12866. For the same reasons, pursuant to 5 countries. After May 15, 2003, citizens U.S.C. 553(d)(3), a delayed effective date E. Executive Order 13132 of Belgium must present a machine- is not required. readable passport in order to be granted This final rule is also excluded from The rule will not have substantial admission under the Visa Waiver the rulemaking provisions of 5 U.S.C. direct effects on the States, on the Program. 553 as a foreign affairs function of the relationship between the National * * * * * United States, because it advances the Government and the States, or on the Janet Napolitano, President’s foreign policy goals, distribution of power and involves a bilateral agreement that the responsibilities among the various Secretary. United States has entered into with levels of government. Therefore, in [FR Doc. 2010–7211 Filed 3–30–10; 8:45 am] Greece, and directly involves accordance with section 6 of Executive BILLING CODE P relationships between the United States Order 13132, DHS has determined that and its alien visitors. Accordingly, DHS this final rule does not have sufficient is not required to provide public notice federalism implications to warrant the DEPARTMENT OF TRANSPORTATION and an opportunity to comment before preparation of a federalism summary implementing the requirements under impact statement. Federal Aviation Administration this final rule. F. Executive Order 12988 Civil Justice 14 CFR Part 73 B. Regulatory Flexibility Act Reform [Docket No. FAA–2009–0921; Airspace The Regulatory Flexibility Act (RFA) This rule meets the applicable Docket No. 09–AWA–3] (5 U.S.C. 603(b)), as amended by the standards set forth in sections 3(a) and RIN 2120–AA66 Small Business Regulatory Enforcement 3(b)(2) of Executive Order 12988. and Fairness Act of 1996 (SBREFA), List of Subjects in 8 CFR Part 217 Revision of Prohibited Area P–49; requires an agency to prepare and make Crawford, TX available to the public a regulatory Air carriers, Aliens, Maritime carriers, flexibility analysis that describes the AGENCY: Passports and visas. Federal Aviation effect of a proposed rule on small Administration (FAA), DOT. entities (i.e., small businesses, small Amendments to the Regulations ACTION: Final rule. organizations, and small governmental jurisdictions) when the agency is ■ For the reasons stated in the preamble, SUMMARY: This action amends required ‘‘to publish a general notice of DHS amends part 217 of title 8 of the Prohibited Area 49 (P–49) Crawford, TX. proposed rulemaking for any proposed Code of Federal Regulations (8 CFR part While the United States Secret Service rule.’’ Because this rule is being issued 217), as set forth below. (USSS) recognizes the ongoing security

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requirement for this prohibited area, it evaluation as the anticipated impact is Time of designation. Continuous. considers reducing prohibited airspace so minimal. Since this is a routine Using agency. United States Secret Service, area appropriate at this time. This action matter that will only affect air traffic Washington, DC. restores previously prohibited airspace procedures and air navigation, it is Issued in Washington, DC, on March 25, to public use within the National certified that this rule, when 2010. Airspace System. promulgated, will not have a significant Kelly Neubecker, DATES: Effective date 0901 UTC, June 3, economic impact on a substantial Acting Manager, Airspace and Rules Group. 2010. number of small entities under the [FR Doc. 2010–7242 Filed 3–30–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: criteria of the Regulatory Flexibility Act. BILLING CODE 4910–13–P Colby Abbott, Airspace and Rules The FAA’s authority to issue rules Group, Office of System Operations regarding aviation safety is found in Airspace and AIM, Federal Aviation Title 49 of the United States Code. CONSUMER PRODUCT SAFETY Administration, 800 Independence Subtitle I, section 106 describes the COMMISSION Avenue, SW., Washington, DC 20591; authority of the FAA Administrator. telephone: (202) 267–8783. Subtitle VII, Aviation Programs, 16 CFR Part 1119 describes in more detail the scope of the SUPPLEMENTARY INFORMATION: agency’s authority. Civil Penalty Factors History This rulemaking is promulgated under the authority described in subtitle AGENCY: Consumer Product Safety On October 5, 2009, the Department VII, part A, subpart I, section 40103. Commission. of the Treasury, USSS, notified the FAA Under that section, the FAA is charged ACTION: Final interpretative rule. that while the security requirements for with prescribing regulations to assign establishing P–49 Crawford, TX (66 FR the use of the airspace necessary to SUMMARY: The Consumer Product Safety 16391) remain valid, consideration of a ensure the safety of aircraft and the Improvement Act of 2008 (‘‘CPSIA’’) modification of the existing prohibited efficient use of airspace. This regulation requires the Consumer Product Safety area was appropriate. After a six-month is within the scope of that authority as Commission (‘‘Commission’’) to issue a security review of P–49, the USSS it amends prohibited airspace in final rule providing its interpretation of determined the dimensions (boundary Crawford, Texas. the civil penalty factors found in the and altitude) of the prohibited area Consumer Product Safety Act (‘‘CPSA’’), could be reduced. This action responds Environmental Review the Federal Hazardous Substances Act to that notification. The FAA has determined that this (‘‘FHSA’’), and the Flammable Fabrics ‘‘ ’’ The Rule action qualifies for categorical exclusion Act ( FFA ), as amended by section 217 under the National Environmental of the CPSIA. These statutory provisions This action amends Title 14 Code of Policy Act in accordance with require the Commission to consider Federal Regulations (14 CFR) part 73 by paragraph 311c, FAA Order 1050.1E, certain factors in determining the revising the legal description for P–49 Environmental Impacts: Policies and amount of any civil penalty to seek. The Crawford, TX. After conducting a Procedures. This airspace action is not Commission published an interim final security review of P–49, the USSS expected to cause any potentially rule on September 1, 2009, providing its notified the FAA to reduce the significant environmental impacts, and interpretation of the statutory factors boundary and altitude dimensions of no extraordinary circumstances exist and seeking public comment. The the prohibited area. This action reduces that warrant preparation of an Commission is now issuing a final rule the boundary from a 3 NM radius to a interpreting the statutory factors. ° ′ ″ environmental assessment. 2 NM radius of lat. 31 34 45 N., DATES: This rule is effective March 31, ° ′ ″ List of Subjects in 14 CFR Part 73 97 32 00 W., and lowers the designated 2010. altitude from ‘‘Surface to but not Airspace, Prohibited areas, Restricted FOR FURTHER INFORMATION CONTACT: including 5,000 feet MSL’’ to ‘‘Surface to areas. but not including 2,000 feet MSL.’’ Melissa V. Hampshire, Assistant Because this action restores Adoption of Amendment General Counsel, Division of Enforcement and Information, Office of previously prohibited airspace to public ■ In consideration of the foregoing, the use, I find that notice and public the General Counsel, Consumer Product Federal Aviation Administration Safety Commission, 4330 East-West procedures under 5 U.S.C. 553(b) are amends 14 CFR part 73 as follows: unnecessary as it would only delay the Highway, Bethesda, Maryland 20814, telephone: 301–504–7631, e-mail: return of the airspace to public use. PART 73—SPECIAL USE AIRSPACE Section 73.89 of Title 14 CFR part 73 [email protected]. ■ was republished in FAA Order 7400.8S, 1. The authority citation for part 73 SUPPLEMENTARY INFORMATION: effective February 16, 2010. continues to read as follows: A. Background The FAA has determined that this Authority: 49 U.S.C. 106(g), 40103, 40113, regulation only involves an established 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– The CPSIA specified that the body of technical regulations for which 1963 Comp., p. 389. Commission, by August 14, 2009, issue a final regulation providing its frequent and routine amendments are § 73.89 [Amended] necessary to keep them operationally interpretation of civil penalty factors in current. Therefore, this regulation: (1) Is ■ 2. § 73.89 is amended as follows: section 20(b) of the CPSA, section not a ‘‘significant regulatory action’’ 5(c)(3) of the FHSA, and section 5(e)(2) under Executive Order 12866; (2) is not * * * * * of the FFA.1 The Commission issued an a ‘‘significant rule’’ under Department of P–49 Crawford, TX [Revised] 1 The Commission voted 4–1 to approve the Final Transportation (DOT) Regulatory Boundaries. That airspace within a 2 NM ° ′ ″ ° ′ ″ Rule as amended. Chairman Tenenbaum, Policies and Procedures (44 FR 11034; radius of lat. 31 34 45 N., long. 97 32 00 W. Commissioner Nord, Commissioner Adler, and February 26, 1979); and (3) does not Designated altitudes. Surface to 2,000 feet Moore voted to approve the final rule as amended. warrant preparation of a regulatory MSL. Continued

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