### 18931 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules

Issued in College Park, Georgia, on March
20, 2013. Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.

[FR Doc. 2013–07110 Filed 3–27–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–0793; Airspace Docket No. 12–ANE–14]** 

**Proposed Establishment of Class E Airspace; Bass Harbor, ME** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  This action proposes to establish Class E Airspace at Bass Harbor, ME, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) special Standard Instrument Approach Procedure (SIAP) serving Bass Harbor Heliport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

**DATES :**  Comments must be received on or before May 13, 2013.

**ADDRESSES :**  Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey SE., Washington, DC 20590– 0001; Telephone: 1–800–647–5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2012–0793; Airspace Docket No. 12–ANE–14, at the beginning of your comments. You may
also submit and review received comments through the Internet at http://www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)

305–6364.

**SUPPLEMENTARY INFORMATION :** 

Comments Invited

Interested persons are invited to comment on this rule 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– 2012–0793; Airspace Docket No. 12– ANE–14) 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.

Persons 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 Docket No. FAA–2012–0793; Airspace Docket No. 12–ANE–14.’’ The postcard will be date/time stamped and returned
to the commenter.

All communications received 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 the comments received. 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 from and comments submitted through 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 the

**ADDRESSES** section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during
normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 350, 1701 Columbia Avenue, College Park, Georgia 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, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking distribution System, which describes the application procedure. The Proposal
The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class E airspace at Bass Harbor, ME providing the controlled airspace required to support the new Copter RNAV (GPS) special standard instrument approach procedures for Bass Harbor Heliport. Controlled airspace extending upward from 700 feet above the surface is required for IFR operations within a 6-mile radius of the point in space coordinates of the heliport.

Class E airspace designations are published in Paragraph 6005 of FAA order 7400.9W, dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation
listed in this document will 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 proposed rule, when promulgated, would 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 proposed 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 proposed regulation is within the scope of that authority as it would establish Class E airspace at Bass Harbor Heliport, Bass Harbor, ME.

This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and


### 18932 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules

Procedures’’ prior to any FAA final regulatory action.

Lists 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 CLASS 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 Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as
follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

* * * * *

ASO ME E5 Bass Harbor, ME [New]
Bass Harbor Heliport, ME

(Lat. 44 ° 15 ′ 16′′ N., long. 68 ° 20 ′ 57 ′′ W.) Point in Space Coordinates

(Lat. 44 ° 15 ′ 16′′ N., long. 68 ° 20 ′ 57 ′′ W.) That airspace extending upward from 700
feet above the surface within a 6-mile radius of the Point in Space Coordinates (lat.

44 ° 15 ′ 16′′ N., long. 68 ° 20 ′ 57 ′′ W.) serving Bass Harbor Heliport.

Issued in College Park, Georgia, on March
20, 2013. Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.

[FR Doc. 2013–07112 Filed 3–27–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 91**

**[Docket No. FAA–2013–0061]**

**Public Meeting: Unmanned Aircraft Systems Test Site Program; Privacy**  **Approach**

**AGENCY :**  Federal Aviation Administration, DOT. **ACTION :**  Notice of public engagement
session.

**SUMMARY :**  The FAA will be holding a public engagement session on Wednesday, April 3, 2013, on the proposed privacy policy approach for the unmanned aircraft systems (UAS) test site program. The FAA is seeking the views from the public with respect to proposed privacy language to be included in agreements with each test site operator.

**DATES :**  The session will be held via teleconference on Wednesday, April 3, 2013, beginning at 12 noon Eastern Daylight Savings Time and ending no later than 2 p.m. Eastern Daylight Savings Time.

**FOR FURTHER INFORMATION CONTACT :**  Gregory C. Carter, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; email: 9- AGC–UASPrivacy@faa.gov.

**SUPPLEMENTARY INFORMATION :**  This
document is a follow-on to a Notice of availability and request for comments published in the Federal Register on February 22, 2013 (78 FR 12259), Docket No. FAA–2013–0061. In that document, the agency described its proposed privacy plan for the UAS test site program and requested comments on that proposal. The agency also stated that it would provide details (including the date and time) for the engagement session sufficiently in advance of the meeting to facilitate broad participation. This document provides those details. The agency will post information on how to register for the public meeting at http://www.faa.gov/about/initiatives/ uas/ when all details are finalized. This Web site will also provide instructions on how to participate in the engagement
session.

As to the meeting itself, the FAA will provide an overview of the FAA’s UAS Test Site Program (including Section 322 (c) of the FAA’s Reform and Modernization Act of 2012) and the proposed privacy plan. The agency may
also invite short statements from one to two representatives from advocacy interest groups and the UAS industry. After the introductory statements and overview, the FAA will take comments from participants regarding the agency’s proposed privacy plan that would apply
to each UAS test site selected under the program. At some later time, after considering comments made during the engagement session as well as comments received during the comment period, FAA will notify the public about any further action the agency intends to
take. Background: On February 14, 2012, Congress mandated that the FAA, coordinating with the National Aeronautics and Space Administration and the Department of Defense, develop a test site program for the integration of unmanned aircraft systems in to the National Airspace System. The overall purpose of this test site program is to develop a body of data and operational experiences to inform integration and the safe operation of these aircraft in the National Airspace System. On Friday, February 22, 2013, the FAA published in the Federal Register a Notice of availability and request for comment soliciting comments on the FAA’s proposed approach for addressing the privacy questions raised by the public and Congress with regard to the operation of unmanned aircraft systems within the test site program (78 FR 12259).

The proposed privacy requirements for which comments are requested are as follows:

(1) The Site Operator must ensure that there are privacy policies governing all activities conducted under the OTA [Other Transaction Agreement], including the operation and relevant activities of the UASs authorized by the Site Operator. Such privacy policies must be available publically, and the Site Operator must have a mechanism to receive and consider comments on its privacy policies. In addition, these policies should be informed by Fair Information Practice Principles. The privacy policies should be updated as necessary to remain operationally current and effective. The Site Operator must ensure the requirements of this paragraph are applied to all operations conducted under the OTA.

(2) The Site Operator and its team members are required to operate in accordance with Federal, state, and other laws regarding the protection of an individual’s right to privacy. Should criminal or civil charges be filed by the U.S. Department of Justice or a state’s law enforcement authority over a potential violation of such laws, the FAA may take appropriate action, including suspending or modifying the relevant operational authority (e.g., Certificate of Operation, or OTA), until the proceedings are completed. If the proceedings demonstrate the operation was in violation of the law, the FAA may terminate the relevant operational authority.

(3) If over the lifetime of this Agreement, any legislation or regulation, which may have an impact on UAS or to the privacy interests of entities affected by any operation of any UAS operating at the Test Site, is