Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Proposed Rules 56127 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

read background documents or 

comments received, please call Ms. 

Brenda Edwards at the above telephone 

number for additional information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to Ms. Ashley Armstrong, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: 202–586–6590. E-mail: 

Ashley.Armstrong@ee.doe.gov. 

In the Office of the General Counsel, 

contact Ms. Elizabeth Kohl, U.S. 

Department of Energy, 1000 

Independence Ave., SW., Room 6A–179, 

Washington, DC 20585. Telephone: 

202–586–7796; E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On August 

5, 2011, DOE published a request for 

information (RFI) in the Federal 

Register (76 FR 47518) to request 

information on the treatment of ‘‘smart’’ 

appliances in the development of DOE’s 

energy conservation standards, as well 

as in test procedures used to 

demonstrate compliance with DOE’s 

standards and qualification as an 

ENERGY STAR product. The RFI 

provided for the submission of 

comments by September 6, 2011. 

Commenters requested an extension of 

the comment period given the Labor 

Day holiday and in order to have 

additional time to prepare and submit 

their comments. DOE has determined 

that an extension of the public comment 

period is appropriate based on the 

foregoing reasons and is hereby 

extending the comment period. DOE 

will consider any comments received by 

September 30, 2011 and deems any 

comments received between September 

6, 2011 and September 30, 2011 to be 

timely submitted. 

Further Information on Submitting 

Comments 

Under 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit two copies: One copy of the 

document including all the information 

believed to be confidential, and one 

copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items, (2) whether 

and why such items are customarily 

treated as confidential within the 

industry, (3) whether the information is 

generally known by or available from 

other sources, (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality, (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure, (6) when 

such information might lose its 

confidential character due to the 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Issued in Washington, DC, on September 2, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–23237 Filed 9–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0894; Airspace 

Docket No. 11–AWP–14] 

Proposed Amendment of Class E 

Airspace; Mercury, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Mercury, 

Desert Rock Airport, Mercury, NV. 

Decommissioning of the Mercury NonDirectional Beacon (NDB) at Mercury, 

Desert Rock Airport has made this 

action necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Comments must be received on 

or before October 27, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

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

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2011–0894; Airspace 

Docket No. 11–AWP–14, 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 

2011–0894 and Airspace Docket No. 11– 

AWP–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. 

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–2011–0894 and 

Airspace Docket No. 11–AWP–14.’’ 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 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
56128 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Proposed Rules 

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 NPRMs 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 amending Class E 

airspace extending upward from 700 

feet above the surface for standard 

instrument approach procedures at 

Mercury, Desert Rock Airport, Mercury, 

NV. Airspace reconfiguration is 

necessary due to the decommissioning 

of the Mercury NDB and cancellation of 

the NDB approach. Controlled airspace 

is necessary for the safety and 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, 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 

amend controlled airspace at Mercury, 

Desert Rock Airport, Mercury, NV. 

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 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP NV E5 Mercury, NV [Amended] 

Mercury, Desert Rock Airport, NV 

(Lat. 36°37′10′′ N., long. 116°01′58′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 4.3-mile 

radius of the Mercury, Desert Rock Airport. 

That airspace extending upward from 1,200 

feet above the surface within the area 

bounded by a line beginning at lat. 36°41′00′′ 

N., long. 116°26′33′′ W.; to lat. 36°41′00′′ N., 

long. 115°56′00′′ W.; to lat. 36°16′00′′ N., 

long. 115°56′00′′ W.; to lat. 36°16′00′′ N., 

long. 116°08′03′′ W.; to lat. 36°36′00′′ N., 

long. 116°26′33′′ W.; thence to the point of 

beginning, excluding the portion within 

Restricted Area R–4808N. 

Issued in Seattle, Washington, on August 

31, 2011. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–23191 Filed 9–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Chapter II 

[Release Nos. 33–9257; 34–65262; 39–2479; 

IA–3271; IC–29781; File No. S7–36–11] 

Retrospective Review of Existing 

Regulations 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Request for information. 

SUMMARY: On July 11, 2011, the 

President issued Executive Order 13579, 

‘‘Regulation and Independent 

Regulatory Agencies,’’ which, among 

other things, states that independent 

regulatory agencies, no less than 

executive agencies, should promote the 

goal, set forth in Executive Order 13563 

of January 18, 2011, of a regulatory 

system that protects ‘‘public health, 

welfare, safety, and our environment 

while promoting economic growth, 

innovation, competitiveness, and job 

creation.’’ In furtherance of its ongoing 

efforts to update regulations to reflect 

market developments and changes in 

the regulatory landscape, and in light of 

Executive Order 13579, the Securities 

and Exchange Commission 

(‘‘Commission’’) invites interested 

members of the public to submit 

comments to assist the Commission in 

considering the development of a plan 

for the retrospective review of its 

regulations. 

DATES: Comments must be submitted on 

or by: October 6, 2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/other.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–36–11 on the subject line; 

or 


emcdonald on DSK5VPTVN1PROD with PROPOSALS