Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Proposed Rules 28915 

ESTIMATED COSTS FOR PTLU INSTALLATION

Work hours Average labor 

rate per hour Parts Cost per product Fleet cost 

100 ................................................................................................................... $85 $190,000 $198,500 $42,677,500 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Airbus: Docket No. FAA–2011–0518; 

Directorate Identifier 2010–NM–150–AD. 

Comments Due Date 

(a) We must receive comments by July 5, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A300 B4–601, B4–603, B4–620, and B4–622 

airplanes; A300 B4–605R and B4–622R 

airplanes; A300 F4–605R and F4–622R 

airplanes; A300 C4–605R Variant F airplanes; 

and A310–203, –204, –221, –222, –304, –322, 

–324, and –325 airplanes; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Unsafe Condition 

(e) This AD was prompted by events of 

excessive rudder pedal inputs and 

consequent loads on the vertical stabilizer 

that exceed ultimate design loads. Such 

events could lead to failure of the vertical 

stabilizer and consequent reduced 

controllability of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modification 

(g) Within 48 months after the effective 

date of this AD, incorporate a design change 

to the rudder control system and/or other 

systems to address the unsafe condition 

identified in paragraph (e) of this AD, in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Related Information 

(i) For more information about this AD, 

contact Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone 425–227–2125; fax 425–227– 

1149. 

Issued in Renton, Washington, on April 26, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–12309 Filed 5–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0403; Airspace 

Docket No. 11–AWP–3] 

Proposed Modification of Class E 

Airspace; Alturas, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Alturas 

Municipal Airport, Alturas, CA. 

Controlled airspace is necessary to 

accommodate aircraft using Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Alturas 

Municipal Airport. The FAA is 

proposing this action to enhance the 

safety and management of aircraft 

operations at Alturas Municipal Airport, 

Alturas, CA. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

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28916 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Proposed Rules 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2011–0403; Airspace 

Docket No. 11–AWP–3, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

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 

2011–0403 and Airspace Docket No. 11– 

AWP–3) 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–2011–0403 and 

Airspace Docket No. 11–AWP–3’’. 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 in the Dockets Office (see the 

ADDRESSES section for the 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 Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by creating additional 

Class E airspace extending upward from 

700 feet above the surface at Alturas, 

CA, to accommodate aircraft using 

RNAV (GPS) standard instrument 

approach procedures at Alturas 

Municipal Airport. This action would 

enhance the safety and management of 

aircraft operations at Alturas Municipal 

Airport. 

Class E airspace designations are 

published in paragraph 6005, 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 will be 

published subsequently in this Order. 

The FAA has determined 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 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 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 

create additional controlled airspace at 

Alturas Municipal Airport, Alturas, CA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 Part 71.1 of the Federal Aviation 

Administration 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. 

* * * * * 

AWP CA E5 Alturas, CA [Modified] 

Alturas Municipal Airport, CA 

(Lat. 41°28′59′′ N., long. 120°33′55′′ W.) 

That airspace extending upward from 700 

feet above the surface beginning at lat. 

41°34′00′′ N., long. 120°46′24′′ W.; to lat. 

41°36′50′′ N., long. 120°30′19′′ W.; to lat. 

41°14′20′′ N., long. 120°23′49′′ W.; to lat. 

41°11′35′′ N., long. 120°39′34′′ W., thence to 

the point of beginning. That airspace 

extending upward from 1,200 feet above the 

surface beginning at lat. 41°31′00′′ N., long. 

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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Proposed Rules 28917 

121°02′00′′ W.; to lat. 41°41′00′′ N., long. 

120°41′04′′ W.; to lat. 41°41′00′′ N., long. 

120°20′00′′ W.; to lat. 41°14′00′′ N., long. 

120°15′00′′ W., to lat. 41°02′00′′ N., long. 

120°39′30′′ W.; to lat. 41°05′00′′ N., long. 

121°03′00′′ W.; to lat. 41°22′00′′ N., long. 

121°15′00′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on May 12, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–12360 Filed 5–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN80 

Medical Foster Homes 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Veterans 

Affairs (VA) ‘‘Medical’’ regulations to 

add rules relating to medical foster 

homes. Currently, VA’s medical foster 

home program, whenever possible and 

appropriate, relies upon existing 

regulations that govern community 

residential care facilities; however, 

these existing regulations do not 

adequately or appropriately cover all 

aspects of medical foster homes, which 

provide community based care in a 

smaller, residential facility and to a 

more medically complex and disabled 

population. The proposed rules reflect 

current VA policy and practice, and 

generally conform to industry standards 

and expectations. 

DATES: Comments on the proposed rule 

must be received by VA on or before 

July 18, 2011. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN80, Medical Foster Homes.’’ Copies 

of comments received will be available 

for public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 

8 a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment. 

This is not a toll-free number. In 

addition, during the comment period, 

comments may be viewed online at 

http://www.Regulations.gov through the 

Federal Docket Management System 

(FDMS). 

FOR FURTHER INFORMATION CONTACT: Rick 

Greene, Office of Patient Care Services 

(114), Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–6786. (This is not a 

toll free number.) 

SUPPLEMENTARY INFORMATION: 

General Background 

Many veterans who are disabled due 

to complex chronic disease or traumatic 

injury may be unable to live safely and 

independently, or may have health care 

needs that exceed the capabilities of 

their families. Many of these veterans 

are placed in nursing homes. However, 

with the proper support, many veterans 

who previously would have been placed 

in nursing homes can continue to live 

in a home and delay, or totally avoid, 

the need for nursing home care. VA’s 

community residential care program, 

specifically authorized by 38 U.S.C. 

1730 and implemented at 38 CFR 17.61 

through 17.72, has provided health care 

supervision to eligible veterans who are 

not able to live independently and have 

no suitable family or significant others 

to provide needed supervision and 

supportive care. 

A medical foster home is a specific 

type of community residential care 

facility that provides home-based care to 

a small number of residents with serious 

chronic disease and disability. Under 38 

U.S.C. 1730 as implemented by 38 CFR 

17.61(b), community residential care is 

not a substitute for nursing home care. 

A medical foster home provides a 

greater level of care than a community 

residential care facility (and in this 

respect a medical foster home is more 

analogous to nursing home care), while 

allowing veterans to live in a home-like 

setting and maintain a greater degree of 

independence. VA interprets 38 U.S.C. 

1730 as authorizing a medical foster 

home program, as a subset of the 

community residential care program. In 

particular, we believe medical foster 

homes fit within the type of facility 

authorized by section 1730(f), since they 

provide ‘‘room and board and * * * 

limited personal care.’’ The medical 

foster home program is targeted to the 

needs of veterans who meet the 

eligibility criteria, which we would 

establish in proposed 38 CFR 17.73(c). 

Through the medical foster home 

program, VA recognizes and approves 

certain medical foster homes for the 

placement of veterans. When a veteran 

is placed in an approved medical foster 

home, VA will provide inspections of 

the home, oversight, and medical foster 

home caregiver training. If a medical 

foster home does not meet our criteria 

for approval, VA will not provide these 

benefits and services, which, in turn, 

may discourage veterans from seeking to 

be placed in that home. Thus, the 

process of obtaining and maintaining 

VA approval has a substantial and vital 

impact on the lives of veterans, and is 

useful to medical foster homes. 

Currently, VA does not have 

regulations specifically targeted at 

governing medical foster homes, and, 

when necessary and appropriate, we 

have relied upon the regulations that 

govern all community residential care 

facilities, industry standards, and VA 

policy and practice to ensure the safety 

and quality of approved VA medical 

foster homes. However, many of our 

current regulations governing 

community residential care cannot or 

should not apply to medical foster 

homes. For example, the life safety 

provisions in 38 CFR 17.63 refer to 

industry standards that specifically 

govern facilities with four or more 

residents, while medical foster homes, 

by definition, provide care to three or 

fewer residents. By establishing these 

regulations, we intend to make clear to 

the public the criteria which VA will 

use when deciding whether to approve 

a medical foster home. Moreover, our 

current regulations applicable to 

community residential care facilities do 

not adequately protect bedridden 

patients. The current regulations are 

only intended to address homes where 

personal care services are provided to 

veterans and are not intended to address 

bedridden patients. 

This proposed rule would reflect 

current practice and policy and would 

require approved facilities to conform 

with applicable state and local 

regulations. The proposed rule is also 

based, as much as possible, on our 

current regulations governing 

community residential care. Because the 

proposed rule would reflect industry 

standards and current VA policy and 

procedures, we do not expect that it 

would have a significant or adverse 

impact on medical foster homes that are 

currently approved by VA, or on those 

that are not approved but who would 

seek approval under the proposed rule. 

Section 17.73 Medical Foster Homes— 

General 

Proposed § 17.73(a) would briefly 

describe the purpose of the medical 

foster home program, and clarify that a 

choice to become a resident in a medical 

foster home is a voluntary decision on 

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