Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5949 

Availability and Summary of 

Documents Proposed for Incorporation 

by Reference 

This document would amend FAA 

Order 7400.9Z, Airspace Designations 

and Reporting Points, dated August 6, 

2015, and effective September 15, 2015. 

FAA Order 7400.9Z is publicly available 

as listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to Title 14, Code of Federal Regulations 

(14 CFR), Part 71 by establishing Class 

E airspace extending upward from 700 

feet above the surface within an 9-mile 

radius of Beach Airport, Beach, ND, to 

accommodate new standard instrument 

approach procedures. Controlled 

airspace is needed for the safety and 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in Section 6005 of FAA Order 

7400.9Z, dated August 6, 2015, and 

effective September 15, 2015, 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. 

Regulatory Notices and Analyses 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

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 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Section 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL ND E5 Beach, ND [New] 

Beach Airport, ND 

(Lat. 46°55′31′′ N., long. 103°58′55′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.0-mile 

radius of Beach Airport. 

Issued in Fort Worth, TX, on January 26, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–02025 Filed 2–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–4513; Airspace 

Docket No. 15–AEA–8] 

Proposed Amendment of Class D and 

Class E Airspace; Hagerstown, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace Designated as 

an Extension to a Class D Surface Area 

by removing the Notice to Airmen 

(NOTAM) part time status for 

Hagerstown Regional Airport-Richard A. 

Henson Field, Hagerstown, MD. Also, 

this action would amend Class D and 

Class E airspace at Hagerstown, MD by 

recognizing the name change to 

Hagerstown Regional Airport-Richard A. 

Henson Field, and updating the 

geographic coordinates of the airport. 

This action would enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: Comments must be received on 

or before March 21, 2016. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, 1200 New Jersey 

Avenue SE., West Bldg. Ground Floor, 

Rm W12–140, Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2015–4513; 

Airspace Docket No. 15–AEA–8, at the 

beginning of your comments. You may 

also submit and review received 

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 9:00 a.m. and 

5:00 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. 

FAA Order 7400.9Z, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at http://www.faa.gov/air_traffic/ 

publications/. For further information, 

you can contact the Airspace Policy 

Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
5950 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 

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 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 

amend the Class D and E airspace areas 

at Hagerstown Regional Airport-Richard 

A. Henson Field, Hagerstown, MD. 

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– 

2015–4513; Airspace Docket No. 15– 

AEA–8) 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–2015–4513; Airspace 

Docket No. 15–AEA–8.’’ 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 between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except Federal Holidays 

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. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.9Z, Airspace 

Designations and Reporting Points, 

dated August 6, 2015, and effective 

September 15, 2015. FAA Order 

7400.9Z is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order 7400.9Z lists Class A, B, C, 

D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend 

Class E Airspace Designated as an 

Extension to a Class D Surface Area at 

Hagerstown Regional Airport-Richard A. 

Henson Field, Hagerstown, MD, by 

eliminating the NOTAM information 

that reads, ‘‘This Class E airspace area 

is effective during the specific dates and 

times established in advance by Notice 

to Airmen. The effective date and time 

will thereafter be continuously 

published in the Airport/Facility 

Directory.’’ from the regulatory text. 

This action also would change the 

airport name and navigation aid from 

Washington County Regional Airport to 

Hagerstown Regional Airport-Richard A. 

Henson Field, and adjust the geographic 

coordinates of the airport for the Class 

D and Class E Airspace Areas listed in 

this proposal. 

Class D and Class E airspace 

designations are published in 

Paragraphs 5000, 6002, 6004 and 6005, 

respectively, of FAA Order 7400.9Z, 

dated August 6, 2015, and effective 

September 15, 2015, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Regulatory Notices and Analyses 

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, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal would be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

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 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(f),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 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5951 

Paragraph 5000 Class D Airspace. 

AEA MD D Hagerstown, MD [Amended] 

Hagerstown Regional Airport-Richard A. 

Henson Field, MD 

(Lat. 39°42′31′′ N., long. 77°43′35′′ W.) 

That airspace extending upward from the 

surface to and including 3,200 feet MSL 

within a 4.1-mile radius of Hagerstown 

Regional Airport-Richard A. Henson Field. 

This Class D airspace area is effective during 

the specific dates and times established in 

advance by Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6002 Class E Surface Area 

Airspace. 

* * * * * 

AEA MD E2 Hagerstown, MD [Amended] 

Hagerstown Regional Airport-Richard A. 

Henson Field, MD 

(Lat. 39°42′31′′ N., long.77°43′35′′ W.) 

That airspace extending upward from the 

surface to and including 3,200 feet MSL 

within a 4.1-mile radius of Hagerstown 

Regional Airport-Richard A. Henson Field. 

This Class E2 airspace area is effective during 

the specific dates and times when the Class 

D airspace area, as published in the Airport/ 

Facility Directory, is not in effect. 

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AEA MD E4 Hagerstown, MD [Amended] 

Hagerstown Regional Airport-Richard A. 

Henson Field, MD 

(Lat. 39°42′31′′ N., long. 77°43′35′′ W.) 

Hagerstown VOR 

(Lat. 39°41′52′′ N., long. 77°51′21′′ W.) 

Hagerstown Regional Airport-Richard A. 

Henson Field ILS Runway 27 Localizer 

(Lat. 39°42′22′′ N., long. 77°44′41′′ W.) 

That airspace extending upward from the 

surface within 2.7 miles each side of the 

Hagerstown VOR 237° radial and 057° radial 

extending from 7.4 miles southwest of the 

VOR to 1.8 miles northeast of the VOR and 

within 2.7 miles each side of the Hagerstown 

VOR 082° radial extending from the 4.1-mile 

radius of Hagerstown Regional AirportRichard A. Henson Field to the VOR, and 

within 4 miles each side of the Hagerstown 

Regional Airport-Richard A. Henson Field 

ILS Runway 27 localizer course extending 

from the localizer to 11.8 miles east of the 

localizer, excluding that portion within 

Prohibited Area P–40. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA MD E5 Hagerstown, MD [Amended] 

Hagerstown Regional Airport-Richard A. 

Henson Field, MD 

(Lat. 39°42′31′′ N., long. 77°43′35′′ W.) 

Hagerstown VOR 

(Lat. 39°41′52′′ N., long. 77°51′21′′ W.) 

St. Thomas VORTAC 

(Lat. 39°56′00′′ N., long. 77°57′03′′ W.) 

Hagerstown Regional Airport-Richard A. 

Henson Field ILS Runway 27 Localizer 

(Lat. 39°42′22′′ N., long. 77°44′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Hagerstown Regional AirportRichard A. Henson Field and within 3.1 

miles each side of the Hagerstown VOR 237° 

radial and 057° radial extending from 9.6 

miles southwest of the VOR to 2.7 miles 

northeast of the VOR and within 4.4 miles 

each side of the Hagerstown Regional 

Airport-Richard A. Henson Field ILS Runway 

27 localizer course extending from the 

localizer to 12.6 miles east of the localizer 

and within 4.4 miles each side of the St. 

Thomas VORTAC 141° radial extending from 

the 6.6-mile radius to the St. Thomas 

VORTAC, excluding that portion within 

Prohibited Area P–40. 

Issued in College Park, Georgia, on January 

27, 2016. 

Ryan W. Almasy, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2016–02023 Filed 2–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM16–5–000] 

Offer Caps in Markets Operated by 

Regional Transmission Organizations 

and Independent System Operators 

AGENCY: Federal Energy Regulatory 

Commission, Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission is proposing to 

revise its regulations to require that each 

regional transmission organization 

(RTO) and independent system operator 

(ISO) cap each resource’s incremental 

energy offer to the higher of $1,000/ 

MWh or that resource’s verified costbased incremental energy offer. 

DATES: Comments are due April 4, 2016. 

ADDRESSES: Comments, identified by 

docket number, may be filed in the 

following ways: 

• Electronic Filing through http:// 

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Those unable 

to file electronically may mail or handdeliver comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures Section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Emma Nicholson (Technical 

Information), Office of Energy Policy 

and Innovation, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426, 

(202) 502–8846, 

emma.nicholson@ferc.gov. 

Pamela Quinlan (Technical 

Information), Office of Energy Market 

Regulation, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6179, pamela.quinlan@ferc.gov. 

Anne Marie Hirschberger (Legal 

Information), Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

8387, 

annemarie.hirschberger@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph Nos. 

I. Background ................................................................................................................................................................................ 6. 

A. Offer Caps and Market Power Mitigation in RTOs/ISOs ............................................................................................... 8. 

B. Offer Cap Waivers and Tariff Changes ............................................................................................................................ 12. 

C. Comments About Offer Caps ........................................................................................................................................... 18. 

1. Need To Modify the Offer Cap .................................................................................................................................. 19. 

2. Role of the Offer Cap in Market Power Mitigation .................................................................................................. 23. 

3. Alternative Offer Cap Designs ................................................................................................................................... 27. 

4. RTO/ISO Seams and the Offer Cap ........................................................................................................................... 38. 

5. Other Considerations ................................................................................................................................................. 40. 

II. Need for Reform and Commission Proposal .......................................................................................................................... 42. 

A. Need for Reform ............................................................................................................................................................... 43. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS