12166 Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW AR E5 Batesville, AR [Amended] 

Batesville Regional Airport, AR 

(Lat. 35°43′34′′ N., long. 91°38′51′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.3-mile 

radius of Batesville Regional Airport and 

within 4 miles each side of the 260° bearing 

from the airport extending from the 9.3-mile 

radius to 12.2 miles west of the airport. 

Issued in Fort Worth, TX, on February 24, 

2010. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–5572 Filed 3–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0697; Airspace 

Docket No. 09–ACE–10] 

Class E Airspace; Beatrice, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Beatrice, NE. 

Decommissioning of the Shaw nondirectional beacon (NDB) at Beatrice 

Municipal Airport has made this action 

necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before April 29, 2010. 

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– 

0697/Airspace Docket No. 09–ACE–10, 

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–2009–0697/Airspace 

Docket No. 09–ACE–10.’’ 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/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for 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 office of the 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

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 amending Class E 

airspace extending upward from 700 

feet above the surface for standard 

instrument approach procedures at 

Beatrice Municipal Airport, Beatrice, 

NE. Airspace reconfiguration is 

necessary due to the decommissioning 

of the Shaw NDB and cancellation of the 

NDB approach. 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 amend controlled 

airspace at Beatrice Municipal Airport, 

Beatrice, NE. 

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 12167 

1The Commissioners voted 4–1 (Commissioner 

Robert Adler dissenting) to issue this proposed 

interpretive rule. Commissioner Robert Adler filed 

a statement, a copy of which is available from the 

Office of the Secretary or on the Commission’s Web 

site at http://www.cpsc.gov. 

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 NE E5 Beatrice, NE [Amended] 

Beatrice Municipal Airport, TX 

(Lat. 40°18′05′′ N., long. 96°45′15′′ W.) 

Beatrice VOR/DME 

(Lat. 40°18′05′′ N., long. 96°45′17′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Beatrice Municipal Airport and 

within 2.4 miles each side of the 320° radial 

from the Beatrice VOR/DME extending from 

the 6.5-mile radius to 7.5 miles northwest of 

the airport, and within 2.4 miles each side of 

the 003° radial from the Beatrice VOR/DME 

extending from the 6.5-mile radius to 7.5 

miles north of the airport. 

Issued in Fort Worth, TX, on February 24, 

2010. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–5569 Filed 3–12–10; 8:45 am] 

BILLING CODE 4901–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1450 

Virginia Graeme Baker Pool and Spa 

Safety Act; Public Accommodation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Proposed interpretive rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’ or ‘‘CPSC’’) 

is issuing this proposed rule to interpret 

the term ‘‘public accommodation’’ as 

used in the Virginia Graeme Baker Pool 

and Spa Safety Act. 

DATES: Written comments in response to 

this document must be received no later 

than April 14, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0018, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for paper 

(preferably in five copies), disk, or CD– 

ROM submissions), to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background comments or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Barbara E. Little, Regulatory Affairs 

Attorney, Office of General Counsel, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814–4408; blittle@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Virginia Graeme Baker Pool and 

Spa Safety Act, 15 U.S.C. 8001, (‘‘VGB 

Act’’ or ‘‘Act’’) requires that drains in 

public pools and spas be equipped with 

ASME/ANSI A112.19.8 compliant drain 

covers, and that each public pool and 

spa with a single main drain other than 

an unblockable drain be equipped with 

certain secondary anti-entrapment 

systems. Section 1404(c) of the Act. The 

Act defines ‘‘public pool and spa’’ to 

include a swimming pool or spa that is 

‘‘open exclusively to patrons of a hotel 

or other public accommodations 

facility.’’ Section 1404(c)(2)(B)(iii) of the 

Act. The term ‘‘public accommodations 

facility’’ is not defined in the Act. 

The Commission has received 

numerous inquiries regarding what 

constitutes a public accommodations 

facility under the VGB Act. This 

proposed interpretive rule would define 

‘‘public accommodation’’ as the term in 

used in the Virginia Graeme Baker Pool 

and Spa Safety Act.1

B. Legal Analysis 

In adopting a reasonable 

interpretation of ‘‘public 

accommodations facility,’’ the 

Commission examined how other 

federal statutes define this same term. 

The Americans with Disabilities Act 

(ADA) defines ‘‘public accommodation’’ 

in relevant part as ‘‘an inn, hotel, motel, 

or other place of lodging, except for an 

establishment located within a building 

that contains not more than five rooms 

for rent or hire and that is actually 

occupied by the proprietor of such 

establishment as the residence of such 

proprietor’’ (emphasis added). 42 U.S.C. 

§ 12181(7). Under this definition, pools 

or spas found at bed and breakfasts with 

five or fewer rooms for rent or hire and 

that are actually occupied by the 

proprietor would not be considered 

‘‘public pools or spas’’ under the VGB 

Act, nor would pools or spas that are 

located on single family home rental 

properties. 

The Civil Rights Act (CRA) employs 

the same definition of ‘‘public 

accommodation’’ in relevant part as does 

the ADA, i.e., ‘‘any inn, hotel, motel, or 

other establishment which provides 

lodging to transient guests, other than 

an establishment located within a 

building which contains not more than 

five rooms for rent or hire and which is 

actually occupied by the proprietor of 

such establishment as his residence’’ 

(emphasis added). 42 U.S.C. 2000(b). 

This definition, then, is used in two 

prominent federal statutes addressing 

civil rights. Operators of inns, hotels, 

and lodging establishments likely are 

aware of these statutes addressing civil 

rights and the definitions they employ. 

The phrase ‘‘public accommodation’’ 

also appears in a Federal statute 

administered by the CPSC. Section 

104(c) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA) 

provides that it is a violation of the 

Consumer Product Safety Act for ‘‘any 

person to which this subsection applies 

to manufacture * * * or otherwise 

place in the stream of commerce a crib 

that is not in compliance with a 


emcdonald on DSK2BSOYB1PROD with PROPOSALS