Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 4981 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2003–15471; Airspace 

Docket No. 03–AWA–6] 

RIN 2120–AA66 

Modification of the Minneapolis Class 

B Airspace Area; MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule published in the Federal Register 

on November 28, 2005 (70 FR 71233), 

Airspace Docket No. 03–AWA–6, FAA 

Docket No. FAA–2003–15471. In that 

rule, inadvertent errors were made in 

the legal description of the Minneapolis 

Class B airspace area. This action 

corrects those errors. 

EFFECTIVE DATE: 0901 UTC, February 16, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Steve Rohring, Airspace and Rules, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 28, 2005, a final rule 

was published in the Federal Register 

modifying the Minneapolis, MN Class B 

Airspace Area (70 FR 71233), Airspace 

Docket No. 03–AWA–6, FAA Docket 

No. FAA–2003–15471. In that final rule, 

inadvertent errors were made in the 

legal descriptions for some of the areas; 

in that, the radials (from navigational 

aids) were listed in degrees magnetic 

rather than true. Normally, radials 

contained in a legal description are 

expressed in degrees true rather than 

magnetic. This eliminates the need for 

periodic rulemaking to update the 

radials as magnetic variation changes 

over time. Radials contained in the legal 

description are then converted from true 

to magnetic for charting purposes. 

However, because the legal description 

in this rule listed magnetic values rather 

than true, it became evident that the 

charted radials were not in the same 

locations as presented in the public 

meetings, studied by the ad hoc 

committee, and depicted in the Notice 

of Proposed Rulemaking (NPRM) and 

final rule. This action corrects the 

radials contained in the legal 

description to degrees true. This will 

align the charted depiction of the 

airspace with the intent of the 

Minneapolis Class B airspace area 

modification. When these new radials 

are converted and depicted on 

aeronautical charts, they will be the 

same numerical values as those 

presented in public meetings, studied 

by the ad hoc committee, and contained 

in the NPRM and final rule. 

Due to the significant impact that the 

erroneous Class B boundary locations 

would have on aircraft operations 

surrounding the MSP terminal area, the 

FAA finds good cause, pursuant to 5 

U.S.C. 553(d), for making this 

amendment effective in less than 30 

days in order to promote the safe and 

efficient handling of air traffic in the 

area. 

Corrections to Final Rule 

■ Accordingly, pursuant to the authority 

delegated to me, the legal description 

for the Minneapolis Class B Airspace 

Area, as published in the Federal 

Register on November 28, 2005, (70 FR 

71233), Docket No. 03–AWA–6, FAA 

Docket No. FAA–2003–15471, and 

incorporated in 14 CFR 71.1, is 

corrected as follows: 

PART 71—[AMENDED] 

§ 71.1 [Amended] 

■ On page 71233, correct the legal 

description of the Minneapolis Class B 

Airspace, to read as follows: 

Paragraph 3000 Class B Airspace 

* * * * * 

AGL MN B Minneapolis, MN [Corrected] 

Minneapolis-St. Paul International (WoldChamberlain) Airport (Primary Airport) 

(Lat. 44°53′00′′ N., long. 93°13′01′′ W.) 

Gopher VORTAC 

(Lat. 45°08′45′′ N., long. 93°22′24′′ W.) 

Flying Cloud VOR/DME 

(Lat. 44°49′33′′ N., long. 93°27′24′′ W.) 

Point of Origin: Minneapolis-St. Paul 

International (Wold-Chamberlain) 

Airport DME Antenna (I–MSP DME) 

(Lat. 44°52′28′′ N., long. 93°12′24′′ W.) 

Boundaries. 

Area A. That airspace extending upward 

from the surface to and including 10,000 feet 

MSL within a 6-mile radius of I–MSP DME. 

Area B. That airspace extending from 2,300 

feet MSL to and including 10,000 feet MSL 

within an 8.5-mile radius of I–MSP DME, 

excluding Area A previously described. 

Area C. That airspace extending from 3,000 

feet MSL to and including 10,000 feet MSL 

within a 12-mile radius of I–MSP DME, 

excluding Area A and Area B previously 

described. 

Area D. That airspace extending from 4,000 

feet MSL to and including 10,000 feet MSL 

within a 20-mile radius of I–MSP DME and 

including that airspace within a 30-mile 

radius from the Flying Cloud 301° radial 

clockwise to the Gopher 301° radial and from 

the Gopher 121° radial clockwise to the 

Flying Cloud 121° radial, excluding Area A, 

Area B, and Area C previously described. 

Area E. That airspace extending from 7,000 

feet MSL to and including 10,000 feet MSL 

within a 30-mile radius of I–MSP DME from 

the Gopher 301° radial clockwise to the 

Gopher 358° radial, and from the Gopher 

091° radial clockwise to the Gopher 121° 

radial, and from the Flying Cloud 121° radial 

clockwise to the Gopher 166° radial, and 

from the Gopher 176° radial clockwise to the 

Flying Cloud 301° radial excluding that 

airspace between a 25-mile radius and a 30- 

mile radius of I–MSP DME from the Flying 

Cloud 121° radial clockwise to the Gopher 

166° radial, and excluding Area A, Area B, 

Area C, and Area D previously described. 

Area F. That airspace extending from 6,000 

feet MSL to and including 10,000 feet MSL 

within a 30-mile radius of I–MSP DME from 

the Gopher 166° radial clockwise to the 

Gopher 176° radial, excluding Area A, Area 

B, Area C, and Area D previously described. 

* * * * * 

Issued in Washington, DC, on January 25, 

2006. 

Kenneth McElroy, 

Acting Manager, Airspace and Rules. 

[FR Doc. 06–900 Filed 1–30–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22708; Airspace 

Docket No. 05–AAL–32] 

RIN 2120–AA66 

Modification of Offshore Airspace 

Areas: Gulf of Alaska Low and Control 

1487L; AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Gulf 

of Alaska Low and Control 1487L 

Offshore airspace areas in Alaska. 

Specifically, this action modifies the 

Gulf of Alaska Low and Control 1487L 

airspace areas in the vicinity of the 

Yakutat Airport, Yakutat, AK, by 

lowering the affected controlled 

airspace floor to 700 feet mean sea level 

(MSL) for the Gulf of Alaska Low, and 

1,200 feet MSL for Control 1487L. The 

FAA is taking this action to provide 

additional controlled airspace for the 

safety of aircraft executing instrument 

flight rules (IFR) operations at the 

Yakutat Airport. 

EFFECTIVE DATE: 0901 UTC, April 13, 

2006. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules, Office of 


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4982 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On December 8, 2005, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

modify the Gulf of Alaska Low and 

Control 1487L Offshore Control Areas in 

Alaska (70 FR 72950). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal. No 

comments were received. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 to 

modify the Gulf of Alaska Low airspace 

area, AK, by lowering the floor to 700 

feet MSL in the vicinity of Yakutat 

Airport, Yakutat, AK. Additionally, the 

Control 1487L airspace area, AK, will be 

lowered from 5,500 feet MSL to 1,200 

feet MSL in the vicinity of Yakutat 

Airport. These areas will provide 

controlled airspace beyond 12 miles 

from the shoreline of the United States 

where there is a requirement to provide 

IFR enroute Air Traffic Control services 

and within which the United States is 

applying domestic air traffic control 

procedures. This rule establishes 

controlled airspace sufficient in size to 

support the Terminal Arrival Area 

associated with new IFR operations at 

Yakutat Airport, AK. The FAA 

Instrument Flight Procedures 

Production and Maintenance Branch 

has developed three new standard 

instrument approach procedures (SIAP), 

revised seven SIAPs and revised one 

departure procedure for the Yakutat 

Airport. Additional controlled airspace 

extending upward from 700 feet and 

1,200 feet above the surface in 

international airspace is created by this 

action. The airspace is sufficient to 

support IFR operations at the Yakutat 

Airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

ICAO Considerations 

As part of this rule relates to 

navigable airspace outside the United 

States, the notice of this action is 

submitted in accordance with the 

International Civil Aviation 

Organization (ICAO) International 

Standards and Recommended Practices. 

The application of International 

Standards and Recommended Practices 

by the FAA, Office of System 

Operations Airspace and AIM, Airspace 

& Rules, in areas outside United States 

domestic airspace, is governed by the 

Convention on International Civil 

Aviation. Specifically, the FAA is 

governed by Article 12 and Annex 11, 

which pertain to the establishment of 

necessary air navigational facilities and 

services to promote the safe, orderly, 

and expeditious flow of civil air traffic. 

The purpose of Article 12 and Annex 11 

is to ensure that civil aircraft operations 

on international air routes are 

performed under uniform conditions. 

The International Standards and 

Recommended Practices in Annex 11 

apply to airspace under the jurisdiction 

of a contracting state, derived from 

ICAO. Annex 11 provisions apply when 

air traffic services are provided and a 

contracting state accepts the 

responsibility of providing air traffic 

services over high seas or in airspace of 

undetermined sovereignty. A 

contracting state accepting this 

responsibility may apply the 

International Standards and 

Recommended Practices that are 

consistent with standards and practices 

utilized in its domestic jurisdiction. 

In accordance with Article 3 of the 

Convention, state-owned aircraft are 

exempt from the Standards and 

Recommended Practices of Annex 11. 

The United States is a contracting state 

to the Convention. Article 3(d) of the 

Convention provides that participating 

state aircraft will be operated in 

international airspace with due regard 

for the safety of civil aircraft. Since this 

action involves, in part, the designation 

of navigable airspace outside the United 

States, the Administrator has consulted 

with the Secretary of State and the 

Secretary of Defense in accordance with 

the provisions of Executive Order 

10854. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 the Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

Paragraph 6007 Offshore Airspace Areas. 

* * * * * 

Gulf of Alaska Low, AK [Amended] 

That airspace extending upward from 700 

feet MSL bounded by a line beginning at a 

point where the 12-mile offshore limit 

intersects long. 144°30′00′′ W.; thence 

eastward 12 miles off shore and parallel to 

the shoreline to lat. 59°10′36′′ N., long. 

139°31′10′′ W.; to lat. 59°02′49′′ N., long. 

139°47′45′′ W.; to lat. 59°27′12′′ N., long. 

140°31′10′′ W.; thence westward along the 

south boundary of V–440 to long. 144°30′00′′ 

W.; thence northward along long. 144°30′00′′ 

W.; to the point of beginning. 

* * * * * 

Control 1487L [Amended] 

That airspace extending upward from 

5,500 feet MSL within the area bounded by 

a line beginning at lat. 58°19′58′′ N., long. 

148°55′07′′ W.; to lat. 59°08′34′′ N., long. 

147°16′06′′ W.; thence counterclockwise via 

the arc of a 149.5-mile radius centered on the 

Anchorage VOR/DME to the intersection of 

the 149.5-mile radius arc and a point 12 

miles from and parallel to the U.S. coastline; 

thence southeast 12 miles from and parallel 

to the U.S. coastline to a point 12 miles 

offshore on the Vancouver FIR boundary; to 

lat. 54°32′57′′ N., long. 133°11′29′′ W.; to lat. 

54°00′00′′ N., long. 136°00′00′′ W.; to lat. 

52°43′00′′ N., long. 135°00′00′′ W.; to lat. 

56°45′42′′ N., long. 151°45′00′′ W.; to the 

point of beginning; and that airspace 

extending upward from 1,200 feet MSL 

within the area bounded by a line beginning 

at lat. 59°33′25′′ N., long. 141°03′22′′ W.; 

thence southeast 12 miles from and parallel 

to the U.S. coastline to lat. 58°56′18′′ N., long. 

138°45′19′′ W.; to lat. 58°40′00′′ N., long. 

139°30′00′′ W.; to lat. 59°00′00′′ N., long. 


hsrobinson on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 4983 

1 42 U.S.C. 6294. The statute also requires the 

Department of Energy (‘‘DOE’’) to develop test 

procedures that measure how much energy the 

appliances use, and to determine the representative 

average cost a consumer pays for the different types 

of energy available. 

2Reports for refrigerators, refrigerator-freezers, 

and freezers are due August 1. Reports for clothes 

washers are due October 1. 

3The Commission’s analysis for refrigerators, 

refrigerator-freezers, and freezers excluded models 

with energy consumption figures that do not meet 

the current DOE energy conservation standards. See 

62 FR 23102 (April 28, 1997). 

4Compact clothes washers account for a small 

fraction of the total washer models on the market. 

141°10′00′′ W.; to the point of beginning. The 

portion within Canada is excluded. 

* * * * * 

Issued in Washington, DC, on January 25, 

2006. 

Kenneth McElroy, 

Acting Manager, Airspace and Rules. 

[FR Doc. 06–898 Filed 1–30–06; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

Rule Concerning Disclosures 

Regarding Energy Consumption and 

Water Use of Certain Home Appliances 

and Other Products Required Under 

the Energy Policy and Conservation 

Act (‘‘Appliance Labeling Rule’’) 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘Commission’’) is 

amending the Appliance Labeling Rule 

to update ranges of comparability for 

compact clothes washers, refrigerators, 

refrigerator-freezers, and freezers. In 

addition, the Commission announces 

that ranges of comparability for standard 

clothes washers will remain in effect 

until further notice. Finally, the 

Commission is issuing minor, technical 

amendments to update the definition of 

medium base compact fluorescent lamp 

and to correct a sample heat pump label 

in the Rule. 

EFFECTIVE DATE: May 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, Attorney, Division 

of Enforcement, Federal Trade 

Commission, Washington, DC 20580 

(202–326–2889); hnewsome@ftc.gov. 

SUPPLEMENTARY INFORMATION: The 

Appliance Labeling Rule (‘‘Rule’’) was 

issued by the Commission in 1979, 44 

FR 66466 (Nov. 19, 1979), in response 

to a directive in the Energy Policy and 

Conservation Act of 1975 (‘‘EPCA’’).1

The Rule covers several categories of 

major household appliances including 

refrigerators, refrigerator-freezers, and 

freezers. 

I. Background 

The Rule requires manufacturers of all 

covered appliances to disclose specific 

energy consumption or efficiency 

information (derived from the DOE test 

procedures) at the point of sale in the 

form of an ‘‘EnergyGuide’’ label, in fact 

sheets (for some appliances), and in 

catalogs. The Rule requires 

manufacturers to include, on labels and 

fact sheets, an energy consumption or 

efficiency figure and a ‘‘range of 

comparability.’’ This range shows the 

highest and lowest energy consumption 

or efficiencies for all comparable 

appliance models so consumers can 

compare the energy consumption or 

efficiency of similar models. The Rule 

also requires manufacturers to include, 

on labels for some products, a secondary 

energy usage disclosure in the form of 

an estimated annual operating cost 

based on a specified DOE national 

average cost for the fuel the appliance 

uses. 

Section 305.8(b) of the Rule requires 

manufacturers, after filing an initial 

report, to report certain information 

annually to the Commission.2 These 

reports, which assist the Commission in 

preparing the ranges of comparability, 

contain the estimated annual energy 

consumption or energy efficiency 

ratings for the appliances derived from 

tests performed pursuant to the DOE test 

procedures. Because manufacturers 

regularly add new models to their lines, 

improve existing models, and 

discontinue others, the data base from 

which the ranges of comparability are 

calculated changes constantly. To keep 

the information on labels up-to-date, the 

Commission, therefore, publishes new 

ranges if the upper or lower limits of the 

ranges have changed by more than 15%. 

Otherwise, the Commission publishes a 

statement that the prior ranges remain 

in effect for the next year. 

II. 2005 Refrigerator and Clothes 

Washer Data 

The Commission has analyzed the 

annual submissions of data for clothes 

washers, refrigerators, refrigeratorfreezers, and freezers. Analysis of the 

refrigerators, refrigerator-freezers, and 

freezers submissions indicates that the 

ranges for these products have changed 

significantly.3 Therefore, the 

Commission is publishing new ranges of 

comparability in these categories. 

Today’s publication of the new ranges 

for refrigerators, refrigerator-freezers, 

and freezers also means that, after May 

1, 2006, manufacturers of these products 

must calculate the operating cost figures 

at the bottom of labels for the products 

using the 2005 cost for electricity (9.06 

cents per kilowatt-hour) (see 70 FR 

32484 (June 3, 2005)). 

Analysis of the clothes washer 

submissions indicate that there has been 

a significant change in the range for 

compact clothes washers but no 

significant change for standard clothes 

washers. Manufacturers should 

continue to use the existing range and 

energy cost information found in the 

Rule for standard clothes washers. The 

Commission, however, is amending the 

required range of comparability for 

compact clothes washers to reflect the 

new data.4 The Commission is not 

changing the energy cost figures (i.e., the 

average national prices for electricity 

and natural gas) that manufacturers 

must use to calculate estimated 

operating costs on compact clothes 

washer labels. Manufacturers should 

continue to use the 2004 electricity and 

natural gas cost figures as currently 

required by the Rule for both compact 

and standard models. If standard and 

compact washer labels employed 

different energy cost figures for 

calculating operating costs, models with 

the identical energy consumption would 

bear labels disclosing different annual 

operating costs. This could cause 

consumer confusion and make it 

difficult for consumers to compare the 

operating costs of these washer types. 

III. Definition of Medium Base Compact 

Fluorescent Lamp 

The Energy Policy Act of 2005 

(EPACT of 2005) (Pub. L. 109–58) 

amended the definition of ‘‘medium 

base compact fluorescent lamp’’ in part 

B of title III of the Energy Policy and 

Conservation Act (EPCA) (42 U.S.C. 

6291–6309). On October 18, 2005 (70 FR 

60407), DOE issued technical 

amendments to change, among other 

things, the regulatory definition of 

‘‘medium base compact fluorescent 

lamp’’ to make it consistent with the 

amended Act. The Commission is 

changing the definition of this term in 

its Rule so that it is consistent with 

DOE’s rules and the new statutory 

definition. 

IV. Correction to Prototype Label 5 and 

Sample Label 9 

The Commission is issuing a 

correction to Prototype Label 5 and 

Sample Label 9 in the Rule. The word 

‘‘cooling,’’ instead of ‘‘heating,’’ was 

incorrectly placed in the label’s 

depiction of the model’s Heating 

Seasonal Performance Factor. In 


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