16348 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 

PART 702—PROMPT CORRECTIVE 

ACTION 

5. The authority citation for part 702 

continues to read as follows: 

Authority: 12 U.S.C. 1766(a), 1790(d). 

6. In § 702.2, revise paragraph (f)(3) 

and add paragraph (f)(4) to read as 

follows: 

§ 702.2 Definitions. 

* * * * * 

(f) * * * 

(3) For a credit union that acquires 

another credit union in a mutual 

combination, net worth includes the 

retained earnings of the acquired credit 

union, or of an integrated set of 

activities and assets, less any bargain 

purchase gain recognized in either case 

to the extent the difference between the 

two is greater than zero. The acquired 

retained earnings must be determined at 

the point of acquisition under generally 

accepted accounting principles. A 

mutual combination is a transaction in 

which a credit union acquires another 

credit union or acquires an integrated 

set of activities and assets that is 

capable of being conducted and 

managed as a credit union. 

(4) The term ‘‘net worth’’ also includes 

loans to and accounts in an insured 

credit union established pursuant to 

section 208 of the Act [12 U.S.C. 1788], 

provided such loans and accounts: 

(i) Have a remaining maturity of more 

than 5 years; 

(ii) Are subordinate to all other claims 

including those of shareholders, 

creditors and the National Credit Union 

Share Insurance Fund; 

(iii) Are not pledged as security on a 

loan to, or other obligation of, any party; 

(iv) Are not insured by the National 

Credit Union Share Insurance Fund; (v) 

Have non-cumulative dividends; 

(vi) Are transferable; and 

(vii) Are available to cover operating 

losses realized by the insured credit 

union that exceed its available retained 

earnings. 

* * * * * 

PART 741—REQUIREMENTS FOR 

INSURANCE 

7. The authority citation for part 741 

continues to read as follows: 

Authority: 12 U.S.C. 1757, 1766(a), 1781– 

1790, and 1790d; 31 U.S.C. 3717. 

8. In § 741.4, in paragraph (b), revise 

the introductory text for the definition 

of equity ratio to read as follows: 

§ 741.4 Insurance premium and one 

percent deposit. 

* * * * * 

(b) * * * 

Equity ratio, which shall be calculated 

using the financial statements of the 

NCUSIF alone, without any 

consolidation or combination with the 

financial statements of any other fund or 

entity, means the ratio of: 

* * * * * 

[FR Doc. 2011–6757 Filed 3–22–11; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0123; Airspace 

Docket No. 11–AGL–2] 

Proposed Amendment of Class E 

Airspace; Duluth, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Duluth, MN, 

to accommodate new Standard 

Instrument Approach Procedures at 

Duluth International Airport. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. 

DATES: 0901 UTC. Comments must be 

received on or before May 9, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2011– 

0123/Airspace Docket No. 11–AGL–2, at 

the beginning of your comments. You 

may also submit comments through the 

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

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

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 and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2011–0123/Airspace 

Docket No. 11–AGL–2.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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 in 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 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend title 

14, Code of Federal Regulations (14 

CFR), part 71 by amending Class E 

airspace, as an extension to a Class D or 

E surface area; and Class E airspace 

extending upward from 700 feet above 

the surface, for new standard instrument 

approach procedures at Duluth 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 16349 

International Airport, Duluth, MN. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. Geographic 

coordinates would also be updated to 

coincide with the FAA’s aeronautical 

database. 

Class E airspace areas are published 

in Paragraphs 6004 and 6005, 

respectively, of FAA Order 7400.9U, 

dated August 18, 2010 and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

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. It, 

therefore, (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 would amend controlled 

airspace at Duluth International Airport, 

Duluth, MN. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 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 FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6004 Class E Airspace areas 

designated as an extension to a Class D or 

Class E Surface Area. 

* * * * * 

AGL MN E4 Duluth, MN [Amended] 

Duluth International Airport, MN 

(Lat. 46°50′32′′ N., long. 92°11′37′′ W.) 

Duluth VORTAC 

(Lat. 46°48′08′′ N., long. 92°12′10′′ W.) 

That airspace extending upward from the 

surface within 3.4 miles each side of the 

Duluth VORTAC 193° radial extending from 

the 4.9-mile radius of Duluth International 

Airport to 14.2 miles south of the VORTAC, 

and within 3.6 miles each side of the 267° 

bearing from Duluth International Airport 

extending from the 4.9-mile radius of the 

airport to 9.7 miles west of the airport. 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL MN E5 Duluth, MN [Amended] 

Duluth International Airport, MN 

(Lat. 46°50′32′′ N., long. 92°11′37′′ W.) 

That airspace extending upward from the 

700 feet above the surface within a 7.1-mile 

radius of Duluth International Airport, and 

within 4.4 miles each side of the 267° bearing 

from the airport extending from the 7.1-mile 

radius to 7.7 miles west of the airport. 

Issued in Fort Worth, TX, on March 15, 

2011. 

Richard J. Kervin, Jr., 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–6847 Filed 3–22–11; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter 1 

Notice of Policy Regarding Civil 

Aircraft Operators Providing Contract 

Support to Government Entities 

(Public Aircraft Operations) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notification of policy change; 

request for comments. 

SUMMARY: This notice states the Federal 

Aviation Administration’s (FAA) policy 

pertaining to civil aircraft operators that 

provide contract support to government 

entities. 

DATES: Comments must be received 

before April 22, 2011. 

ADDRESSES: This is a statement of policy 

only. We are accepting comments 

concerning the implementation of this 

policy only from government entities 

via e-mail at PublicAircraft@faa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Monica C. Buenrostro, General Aviation 

and Commercial Division, Flight 

Standards Service, AFS–800, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8212; e-mail: 

monica.c.buenrostro@faa.gov. 

SUPPLEMENTARY INFORMATION: Title 49 of 

the United States Code (U.S.C), section 

40102 (a)(41) provides the definition of 

‘‘Public Aircraft’’ and Title 49 U.S.C 

40125 provides the Qualifications for 

Public Aircraft Status. These statutory 

provisions provide the legal basis for 

public aircraft operations in the United 

States. 

The FAA recognizes that these 

statutory provisions are difficult to 

apply to aircraft operations conducted 

by civil contractors for government 

entities. The FAA is therefore clarifying 

its policy toward these operators by 

better defining the responsibilities of the 

parties affected by these contracts. 

Public Aircraft Operation is limited 

by the statute to certain government 

operations within U.S. airspace. 

Although these operations must comply 

with certain general operating rules 

(including those applicable to all 

aircraft in the National Airspace 

System), other civil certification and 

safety oversight regulations do not 

apply. Whether an operation may be 

considered public is determined on a 

flight-by-flight basis, under the terms of 

the statute (49 U.S.C 40102 and 49 

U.S.C 40125) and considers aircraft 


jlentini on DSKJ8SOYB1PROD with PROPOSALS