21832 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 

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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW TX E5 Hearne, TX [New] 

Hearne Municipal Airport, TX 

(Lat. 30°52′20′′ N., long. 96°37′20′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Hearne Municipal Airport, and 

within 2 miles each side of the 002° bearing 

from the airport extending from the 7.1-mile 

radius to 10.9 miles north of the airport, and 

within 2 miles each side of the 182° bearing 

from the airport extending from the 7.1-mile 

radius to 11.9 miles south of the airport. 

Issued in Fort Worth, TX, on April 7, 2011. 

Richard J. Kervin, Jr., 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–9379 Filed 4–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0244 Airspace 

Docket No. 11–AAL–05] 

Proposed Revision of Class E 

Airspace; Yakutat, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to revise 

Class E airspace at Yakutat, AK. The 

revision of eight Standard Instrument 

Approach Procedures (SIAPs) at the 

Yakutat Airport has made this action 

necessary to enhance safety and 

management of Instrument Flight Rules 

(IFR) operations. 

DATES: Comments must be received on 

or before June 3, 2011. 

ADDRESSES: Send comments on the 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. You must identify the 

docket number FAA–2011–0244/ 

Airspace Docket No. 11–AAL–05 at the 

beginning of your comments. You may 

also submit comments on 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 

plaza level of the Department of 

Transportation NASSIF Building at the 

above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Service Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; email: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

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–2011–0244/Airspace 

Docket No. 11–AAL–05.’’ 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 notice 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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591 or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s 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 revising Class E airspace the 

Yakutat Airport, in Yakutat, AK, to 

accommodate the revision of eight 

SIAPs at the Yakutat Airport. This Class 

E airspace would provide adequate 

controlled airspace upward from 700 

feet and 1,200 feet above the surface, for 

the safety and management of IFR 

operations at the Yakutat Airport. The 

1,200 ft. airspace extends over Control 

Area 1487L and that airspace will be 

amended in a future rule-making action. 

The Class E airspace areas designated 

as 700/1,200 foot transition areas and 

the Offshore Airspace Areas are 

published in paragraphs 6005 and 6007, 

respectively, in FAA Order 7400.9U, 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 21833 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The airspaces listed in this 

document would be subsequently 

published in that 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. 

Because 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 United States 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 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because it 

proposes to revise Class E airspace at 

the Yakutat Airport, Yakutat, AK, and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace. 

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 14 CFR 

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 Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is to be 

amended as follows: 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Yakutat, AK [Revised] 

Yakutat Airport, AK 

(Lat. 59°30′12′′ N., long. 139°39′37′′ W.) 

Yakutat VORTAC 

(Lat. 59°30′39′′ N., 139°38′53′′ W.) 

That airspace extending upward from 700 

feet above the surface within the area 

bounded by lat. 59°47′42′′ N., long., 

139°58′48′′ W., to lat. 59°37′33′′ N., long 

139°40′53′′ W., then along the 7 mile radius 

of the Yakutat VORTAC clockwise to 

59°28′54′′ N., long. 139°25′35′′ W., to lat. 

59°20′16′′ N., long. 139°10′20′′ W., to lat. 

59°02′49′′ N. long. 139°47′45′′ W., to lat. 

59°30′15′′ N. long. 140°36′43′′ W., to the point 

of beginning; and that airspace extending 

upward from 1,200 feet above the surface 

with a 75-mile radius of the Yakutat 

VORTAC. 

Issued in Anchorage, AK, April 7, 2011. 

Michael A. Tarr, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. 2011–9398 Filed 4–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Parts 370 and 382 

[Docket No. RM 2011–5] 

Notice and Recordkeeping for Use of 

Sound Recordings Under Statutory 

License 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Copyright Royalty Judges 

are proposing to amend their regulations 

to provide reporting of uses of sound 

recordings performed by means of 

digital audio transmissions pursuant to 

statutory license for the period April 1, 

2004, through December 1, 2009. 

DATES: Comments are due no later than 

May 19, 2011. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments must be brought to the 

Library of Congress, James Madison 

Memorial Building, LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier, 

comments must be delivered to the 

Congressional Courier Acceptance Site 

located at 2nd and D Street, NE., 

Washington, DC. The envelope must be 

addressed to: Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Act grants copyright 

owners of sound recordings the 

exclusive right to perform their works 

publicly by means of digital audio 

transmissions subject to certain 

limitations and exceptions. Among the 

limitations placed on the performance 

right for sound recordings is a statutory 

license that permits certain eligible 

subscription, nonsubscription, satellite 

digital audio radio services, and 

business establishment services to 

perform those sound recordings 

publicly by means of digital audio 

transmissions. 17 U.S.C. 114. 

Similarly, copyright owners of sound 

recordings are granted the exclusive 

right to make copies of their works 

subject to certain limitations and 

exceptions. Among the limitations 

placed on the reproduction right for 

sound recordings is a statutory license 

that permits certain eligible 

subscription, nonsubscription, satellite 

digital audio radio services, and 

business establishment services to make 

ephemeral copies of those sound 

recordings to facilitate their digital 

transmission. 17 U.S.C. 112(e). 

Both the section 114 and 112 licenses 

require services to, among other things, 


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