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

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


### 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:


### 5951 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules

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-mileradius 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-mileradius 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 unableto 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.