Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 11399 

equipment, which is the starting point 

for analyzing technologies that provide 

energy efficiency improvements. 

Baseline equipment refers to a model or 

models having features and technologies 

typically found in equipment currently 

offered for sale. The baseline model in 

each equipment class represents the 

characteristics of the least efficient 

equipment in that class and, for 

equipment already subject to energy 

conservation standards, usually is a 

model that just meets the current 

standard. Chapter 5 of the preliminary 

TSD discusses the engineering analysis. 

B. Markups To Determine Equipment 

Prices 

DOE derives customer prices for 

equipment from data on manufacturer 

costs, manufacturer markups, retailer 

markups, distributor markups, and sales 

taxes. In deriving these markups, DOE 

has determined (1) The distribution 

channels for equipment sales; (2) the 

markup associated with each party in 

the distribution chain; and (3) the 

existence and magnitude of differences 

between markups for baseline 

equipment (baseline markups) and for 

more efficient equipment (incremental 

markups). DOE calculates both overall 

baseline and overall incremental 

markups based on the equipment 

markups at each step in the distribution 

chain. The overall incremental markup 

relates the change in the manufacturer 

sales price of higher efficiency models 

(the incremental cost increase) to the 

change in the retailer or distributor sales 

price. Chapter 6 of the preliminary TSD 

discusses estimating markups. 

C. Energy Use Analysis 

The energy use analysis provides 

estimates of the annual energy 

consumption of distribution 

transformers. DOE uses these values in 

the LCC and PBP analyses and in the 

NIA. DOE developed energy 

consumption estimates for all 

equipment analyzed in the engineering 

analysis and for those non-analyzed 

equipment classes included in the NIA. 

Chapter 7 of the preliminary TSD 

discusses the energy use analysis. 

D. Life-Cycle Cost and Payback Period 

Analyses 

The LCC and PBP analyses determine 

the economic impact of potential 

standards on individual customers. The 

LCC is the total customer expense for 

equipment over the life of the 

equipment. The LCC analysis compares 

the LCCs of equipment designed to meet 

possible energy conservation standards 

with the LCCs of the equipment likely 

to be installed in the absence of 

amended standards. DOE determines 

LCCs by considering (1) Total or 

incremental installed cost to the 

purchaser (which consists of 

manufacturer selling price, sales taxes, 

distribution chain markups, and 

installation cost); (2) the operating 

expenses of the equipment (energy use 

and maintenance); (3) expected 

equipment lifetime; and (4) a discount 

rate that reflects the real consumer cost 

of capital and puts the LCC in presentvalue terms. The PBP is the number of 

years needed to recover the increase in 

purchase price (including installation 

cost) of more efficient equipment 

through savings in the operating cost of 

the equipment. It is the quotient of the 

change in total installed cost due to 

increased efficiency divided by the 

change in annual operating cost from 

increased efficiency. Chapter 8 of the 

preliminary TSD discusses the LCC and 

PBP analyses. 

E. National Impact Analysis 

The NIA estimates the national energy 

savings (NES) and the net present value 

(NPV) of total customer costs and 

savings expected to result from 

amended standards at specific efficiency 

levels. DOE calculated NES and NPV for 

each candidate standard level as the 

difference between a base case forecast 

(without amended standards) and the 

standards case forecast (with standards 

at that particular level). Cumulative 

energy savings are the sum of the annual 

NES determined over a specified 

analysis period. The national NPV is the 

sum over time of the discounted net 

savings each year, which consists of the 

difference between total operating cost 

savings and increases in total installed 

costs. Critical inputs to this analysis 

include shipments projections, 

estimated equipment lifetimes, and 

estimates of changes in shipments in 

response to changes in equipment costs 

due to standards. Chapter 10 of the 

preliminary TSD discusses the NIA. 

DOE consulted with interested parties 

as part of its process for conducting all 

of the analyses and invites further input 

from the public on these topics. The 

preliminary analytical results are 

subject to revision following review and 

input from the public. The final rule 

will contain the final analysis results. 

The Department encourages those 

who wish to participate in the public 

meeting to obtain the preliminary TSD 

and to be prepared to discuss its 

contents. A copy of the preliminary TSD 

is available at the web address given in 

the SUMMARY section of this notice. 

However, public meeting participants 

need not limit their comments to the 

topics identified in the preliminary 

TSD. The Department is also interested 

in receiving views concerning other 

relevant issues that participants believe 

would affect energy conservation 

standards for this equipment or that 

DOE should address in the NOPR. 

Furthermore, the Department invites 

all interested parties, regardless of 

whether they participate in the public 

meeting, to submit in writing by April 

18, 2011, comments and information on 

matters addressed in the preliminary 

TSD and on other matters relevant to 

consideration of standards for 

distribution transformers. 

The public meeting will be conducted 

in an informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs or prices, market 

shares, or other commercial matters 

regulated by United States antitrust 

laws. 

After the public meeting and the 

expiration of the period for submitting 

written statements, the Department will 

consider all comments and additional 

information that it obtains from 

interested parties or through further 

analyses. Afterwards, the Department 

will publish either a determination that 

the standards for distribution 

transformers need not be amended or a 

NOPR proposing to amend those 

standards. Any NOPR will include 

proposed energy conservation standards 

for the equipment covered by this 

rulemaking, and members of the public 

will be given an opportunity to submit 

written and oral comments on the 

proposed standards. 

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–4607 Filed 3–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–0104; Airspace 

Docket No. 11–AEA–2] 

Proposed Amendment to and 

Establishment of Restricted Areas, 

Warren Grove; NJ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 


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11400 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 

SUMMARY: This action proposes to 

establish two new restricted areas at the 

Warren Grove Range, NJ, in order to 

raise the maximum altitude of the range 

from the current 14,000 feet mean sea 

level (MSL), up to flight level (FL) 230; 

and to expand the lateral dimensions of 

the range airspace. In addition, the 

using agency for all Warren Grove 

restricted areas would be updated to 

reflect the current organization tasked 

with that responsibility. The New Jersey 

Air National Guard requested that the 

FAA take this action due to the 

increased need for aircrew training in 

high-altitude weapons delivery tactics. 

DATES: Comments must be received on 

or before April 18, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

M–30, 1200 New Jersey Avenue, SE., 

West Building Ground Floor, Room 

W12–140, Washington, DC 20590–0001; 

telephone: (202) 366–9826. You must 

identify FAA Docket No. FAA–2011– 

0104 and Airspace Docket No. 11–AEA– 

2, at the beginning of your comments. 

You may also submit comments through 

the Internet at http:// 

www.regulations.gov. Comments on 

environmental and land use aspects to 

should be directed to: Mr. Harry 

Knudsen, Chief, Environmental 

Planning, National Guard Bureau, ANG/ 

CEVP, 3500 Fetchet Avenue, Andrews 

AFB, MD 20762; telephone: (301) 836– 

8143. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2011–0104 and Airspace Docket No. 11– 

AEA–2) and be submitted in triplicate to 

the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2011–0104 and 

Airspace Docket No. 11–AEA–2.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person at the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Operations Support Group, Eastern 

Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

Military use of the airspace near 

Warren Grove, Ocean County, NJ, can be 

traced back to World War II. Today, the 

Warren Grove Range consists of five 

restricted areas designated R–5002A, B, 

C, D and E. The range is used for a wide 

variety of military air and ground 

activities; including, but not limited to, 

air-to-surface weapons delivery training, 

laser systems, night vision goggle 

training, cargo air drops, parachute 

drops of personnel, and joint air and 

ground forces exercises. Current realworld combat requirements are driving 

a need for increased aircrew training in 

high altitude weapons delivery tactics. 

This training requires higher altitudes, 

along with increased lateral space in the 

high and medium altitude regimes. With 

its maximum altitude of 14,000 feet 

MSL, and lateral dimensions of roughly 

11 nautical miles (NM) by 8 NM, the 

existing Warren Grove Range does not 

have enough space to contain this 

training. 

Proposal 

The FAA is proposing an amendment 

to 14 CFR part 73 to establish two new 

restricted areas (designated R–5002F 

and R–5002G) at the Warren Grove 

Range, NJ. This action would raise the 

restricted area ceiling from 14,000 feet 

MSL to FL 230 and would expand 

lateral limits of restricted airspace at the 

range. R–5002F would overlie the 

existing R–5002A, and R–5002E, and 

part of R–5002B, and would extend 

from 14,000 feet MSL up to, but not 

including, FL 200. A second proposed 

restricted area, R–5002G, would extend 

from FL 200 up to FL 230. R–5002G 

would overlie the proposed R–5002F; 

and, to provide the required expanded 

lateral space between FL 200 and FL 

230, the boundaries of R–5002G would 

extend approximately 15 NM to the 

northeast, and 8 NM to the east, of the 

current range boundaries. 

It should be noted that, since the floor 

of R–5002G is at FL 200, it would lie 

above the VOR Federal airway structure 

and therefore would have no impact on 

the airways in the vicinity. Also, there 

are no jet routes that would be affected 

by this proposal. 

In addition to the proposed 

establishment of R–5002F and R–5002G, 

the following minor changes to the 

descriptions of the existing Warren 

Grove restricted areas would be made. 

The using agency for the five existing 

areas would be changed from the ‘‘108th 

Air Refueling Wing, McGuire AFB, NJ,’’ 

to the ‘‘177th Fighter Wing, Atlantic 

City, NJ.’’ This change is needed to 

reflect current organizational 

responsibilities. The new using agency 

would also apply to the proposed R– 

5002F and R–5002G. A minor wording 

change would be made to the designated 

altitude ceiling of restricted areas R– 

5002A, B and E. The current wording 

‘‘to 14,000 feet MSL’’ would be changed 

to read ‘‘to but not including 14,000 feet 

MSL.’’ This change is needed to avoid 

overlap with the 14,000 feet MSL floor 

of the new area R–5002F, which would 


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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 11401 

overlie R–5002A, B and E. The 

boundaries and times of use of R– 

5002A, B, C, D and E would not be 

changed by this proposal. The 

designated altitudes for R–5002C and D 

would remain as currently published. 

Use of the proposed R–5002F and G 

would be coordinated on a real time 

basis. The two areas would only be 

activated with concurrent release by 

New York Air Route Traffic Control 

Center (ARTCC) and Washington 

ARTCC. To minimize potential impact 

to IFR traffic flows, the FAA will only 

authorize activation of the proposed 

areas when New York and Washington 

ARTCCs determine there would be 

minimal to no impact on IFR traffic 

operating in the affected area. In 

addition, the FAA would be able to 

recall the proposed airspace, if needed, 

on five minutes notice. A Letter of 

Agreement between New York ARTCC, 

Washington ARTCC and the using 

agency would define the roles, 

responsibilities and procedures for the 

activation of R–5002F and G. Pilots 

seeking information about the activity 

status of R–5002 should contact New 

York ARTCC on the frequency listed in 

the ‘‘Special Use Airspace’’ panel of the 

Washington Sectional Aeronautical 

Chart. New York ARTCC will continue 

to provide VFR traffic advisories, as 

prescribed in current FAA directives, to 

those aircraft requesting them. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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 proposed 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 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 

it would restructure the restricted 

airspace at the Warren Grove Range, NJ, 

to enhance safety and accommodate 

essential military training. 

Environmental Review 

This proposal will be subjected to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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. 

§ 73.50 [Amended] 

2. § 73.50 is amended as follows: 

* * * * * 

1. R–5002A Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. Surface to, but not 

including, 14,000 feet MSL. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

2. R–5002B Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 1,000 feet MSL to, but 

not including, 14,000 feet MSL. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ 

* * * * * 

3. R–5002C Warren Grove, NJ [Amended] 

By removing the current using agency and 

substituting the following: 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

4. R–5002D Warren Grove, NJ [Amended] 

By removing the current using agency and 

substituting the following: 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

5. R–5002E Warren Grove, NJ [Amended] 

By removing the current designated 

altitudes and using agency and substituting 

the following: 

Designated altitudes. 3,500 feet MSL to, but 

not including, 14,000 feet MSL. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

6. R–5002F Warren Grove, NJ [New] 

Boundaries. Beginning at lat. 39°43′25′′ N., 

long. 74°17′36′′ W.; to lat. 39°40′10′′ N., long. 

74°20′14′′ W.; to lat. 39°38′50′′ N., long. 

74°21′19′′ W.; to lat. 39°38′25′′ N., long. 

74°22′05′′ W.; to lat. 39°38′25′′ N., long. 

74°24′19′′ W.; to lat. 39°38′30′′ N., long. 

74°29′29′′ W.; to lat. 39°39′20′′ N., long. 

74°29′59′′ W.; to lat. 39°44′50′′ N., long. 

74°24′39′′ W.; to lat. 39°44′50′′ N., long. 

74°19′19′′ W.; to the point of beginning. 

Designated altitudes. 14,000 feet MSL to, 

but not including, FL 200. 

Time of designation. Sunrise to sunset, 

other times as activated by NOTAM issued at 

least 48 hours in advance. 

Controlling agency. FAA, New York 

ARTCC. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

* * * * * 

7. R–5002G Warren Grove, NJ [New] 

Boundaries. Beginning at lat. 39°49′02′′ N., 

long. 74°00′45′′ W.; to lat. 39°38′18′′ N., long. 

74°12′34′′ W.; to lat. 39°38′25′′ N., long. 

74°22′05′′ W.; to lat. 39°38′25′′ N., long. 

74°24′19′′ W.; to lat. 39°38′30′′ N., long. 

74°29′29′′ W.; to lat. 39°39°20′′ N., long. 

74°29′59′′ W.; to lat. 39°44′50′′ N., long. 

74°24′39′′ W.; to lat. 39°49′02′′ N., long. 

74°16′18′′ W.; to point of beginning. 

Designated altitudes. FL 200 to FL 230. 

Time of designation. Sunrise to sunset, 

other times as activated by NOTAM issued at 

least 48 hours in advance. 

Controlling agency. FAA, New York 

ARTCC. 

Using agency. New Jersey ANG, 177th 

Fighter Wing, Atlantic City, NJ. 

Issued in Washington, DC, on February 22, 

2011. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

[FR Doc. 2011–4576 Filed 3–1–11; 8:45 am] 

BILLING CODE 4910–13–P 


emcdonald on DSK2BSOYB1PROD with PROPOSALS