This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

48172 

Vol. 74, No. 182 

Tuesday, September 22, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0801; Airspace 

Docket No. 09–ACE–11] 

Proposed Amendment of Class E 

Airspace; Red Oak, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Red Oak, IA. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Red Oak 

Municipal Airport, Red Oak, IA. This 

action would also update the geographic 

coordinates of Red Oak Municipal 

Airport and the Red Oak NDB to 

coincide with the FAA’s National 

Aeronautical Charting Office. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) operations for SIAPs 

at Red Oak Municipal Airport. 

DATE: 0901 UTC. Comments must be 

received on or before November 6, 2009. 

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–2009– 

0801/Airspace Docket No. 09–ACE–11, 

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–2009–0801/Airspace 

Docket No. 09–ACE–11.’’ 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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), 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 

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 adding additional Class 

E airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Red Oak Municipal 

Airport, Red Oak, IA. This action would 

also update the geographic coordinates 

of Red Oak Municipal Airport and the 

Red Oak NDB. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9T, dated August 27, 2009, and 

effective September 15, 2009, 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 add 


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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48173 

1 16 U.S.C. 791a, et seq. 

2See Standards for Business Practices and 

Communication Protocols for Public Utilities, Final 

Rule, FERC Stats. & Regs. ¶ 31,274, at P 2 (2008). 

3 Id. 

4 Id. P 3. 

additional controlled airspace at Red 

Oak Municipal Airport, Red Oak, IA. 

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 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE IA E5 Red Oak, IA [Amended] 

Red Oak Municipal Airport, IA 

(Lat. 41°00′39′′ N., long. 95°15′32′′ W.) 

Red Oak NDB, IA 

(Lat. 41°00′55′′ N., long. 95°15′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Red Oak Municipal Airport; and 

within 2 miles each side of the 354° bearing 

from the airport extending from the 6.4-mile 

radius to 11 miles north of the airport; and 

within 2.6 miles each side of the 326° bearing 

from the Red Oak NDB extending from the 

6.4-mile radius to 8.3 miles northwest of the 

airport. 

* * * * * 

Issued in Fort Worth, TX on September 10, 

2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–22844 Filed 9–21–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 38 

[Docket No. RM05–5–017] 

Standards for Business Practices and 

Communication Protocols for Public 

Utilities 

Issued September 17, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

proposes to incorporate by reference in 

its regulations regarding business 

practice standards adopted by the 

Wholesale Electric Quadrant of the 

North American Energy Standards 

Board (NAESB) to categorize various 

demand response products and services 

and to support the measurement and 

verification of these products and 

services in wholesale electric energy 

markets. 

DATES: Comments on the proposed rule 

are due October 22, 2009. 

ADDRESSES: You may submit comments 

identified by Docket No. RM05–5–017, 

by one of the following methods: 

• Agency Web site: http:// 

www.ferc.gov. Follow the instructions 

for submitting comments via the eFiling 

link found in the Comment Procedures 

Section of the preamble. 

Mail: Commenters unable to file 

comments electronically must mail or 

hand deliver an original and 14 copies 

of their comments to the Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. Please refer to 

the Comment Procedures Section of the 

preamble for additional information on 

how to file paper comments. 

FOR FURTHER INFORMATION CONTACT: 

Bruce McAllister (technical issues), 

Office of Energy Market Regulation, 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8296. 

Ryan M. Irwin (technical issues), Office 

of Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6454. 

Gary D. Cohen (legal issues), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8321. 

SUPPLEMENTARY INFORMATION: 

Notice of Proposed Rulemaking 

Issued September 17, 2009 

1. In this Notice of Proposed 

Rulemaking (NOPR), the Federal Energy 

Regulatory Commission (Commission) 

proposes to amend its regulations under 

the Federal Power Act 1 to incorporate 

by reference business practice standards 

adopted by the Wholesale Electric 

Quadrant (WEQ) of the North American 

Energy Standards Board (NAESB) to 

categorize various demand response 

products and services and to support 

the measurement and verification of 

these products and services in 

wholesale electric energy markets. 

I. Background 

2. NAESB is a non-profit standards 

development organization that serves as 

an industry forum for the development 

of business practice standards. These 

standards promote a seamless 

marketplace for wholesale and retail 

natural gas and electricity.2 Since 1995, 

NAESB and its predecessor, the Gas 

Industry Standards Board, have been 

accredited members of the American 

National Standards Institute (ANSI), 

complying with ANSI’s requirements 

that its standards reflect a consensus of 

the affected industries.3

3. NAESB’s standards include 

business practices that streamline the 

transactional processes of the natural 

gas and electric industries, as well as 

communication protocols and related 

standards designed to improve the 

efficiency of communication within 

each industry. NAESB supports all four 

quadrants of the gas and electric 

industries—wholesale gas, wholesale 

electric, retail gas, and retail electric. All 

participants in the gas and electric 

industries are eligible to join NAESB 

and participate in standards 

development.4

4. Wholesale electric industry 

business practice standards are 

developed by the WEQ (Wholesale 

Electric Quadrant) of NAESB. To 

become a WEQ standard, a consensus of 

six industry segments, transmission, 

generation, marketer/brokers, 

distribution/load serving entities, end 

users, and independent grid operators/ 

planners, must approve the standard. 

Under the WEQ process, for a standard 

to be approved, it must receive a supermajority vote of 67 percent of the 

members of the WEQ’s Executive 

Committee with support from at least 40 


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