Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules 6507

108°20′00′′ W; thence to the point of

beginning.

* * * * *

Issued in Seattle, Washington, on January

24, 1997.

Glenn A. Adams III,

Assistant Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 97–3407 Filed 2–11–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–AWP–5]

Proposed Revision of Class E

Airspace; San Francisco, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to revise

the Class E airspace area at San

Francisco. This action would revoke the

surface area for Alameda NAS (Nimitz

Field), CA. A review of airspace

classification and air traffic procedures

has made this action necessary. The

intended effect of this action is to

revoke controlled airspace since the

purpose and the requirements for the

surface area no longer exist at Alameda

NAS (Nimitz Field), CA.

DATES: Comments must be received on

or before March 15, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, Operations Branch, AWP–530,

Docket No. 97–AWP–5, Air Traffic

Division, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Operations

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

William Buck, Airspace Specialist,

Operations Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California 90261,

telephone (310) 725–6556.

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 the

airspace docket number 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 the comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AWP–5.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or 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 comments received. All comments

submitted will be available for

examination in the Operations Branch,

Air Traffic Division, at 15000 Aviation

Boulevard, Lawndale, California 90261,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Operations

Branch, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009. Communications must identify

the notice number of this NPRM.

Persons interested is being placed on a

mailing list for future NPRM’s should

also request a copy of Advisory Circular

No. 11–2A, which describes the

application procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

revise the Class E airspace area at San

Francisco, CA. This action would

revoke the surface area for Alameda

NAS (Nimitz Field), CA. A review of

airspace classification and air traffic

procedures has made this action

necessary. The intended effect of this

action is to revoke controlled airspace

since the purpose and requirements for

the surface area no longer exist at

Alameda NAS (Nimitz Field), CA. Class

E airspace areas are published in

Paragraph 6005 of FAA Order 7400.9D

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in this 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.

Therefore, this proposed regulation—(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 10034; 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

would not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace.

* * * * *

San Francisco International, CA

(Lat 37°43′17′′ N. long 122°13′15′′ W)

That airspace extending upward from 700

feet above the surface bounded on the north

by lat. 38°02′00′′ N, on the east by long.

121°52′04′′ W, on the south by Lat 37°30′00′′

N, and on the west by a line extending from

Lat, 37°30′00′′ N, long 122°27′04′′ W; to Lat

37°34′00′′ N, long. 122°31′04′′ W; to lat.
6508 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Proposed Rules

1Stand-alone costing is part of the Constrained

Market Pricing framework.

37°55′00′′ N, long. 122°31′04′′ W; to lat

38°02′00′′ N, long, 122°40′04′′ W. That the

airspace extending upward from 1,200 feet

above the surface bounded on the north by

lat. 38°02′00′′ N, on the east by a line

extending from lat 38°02′00′′ N, long.

121°37′04′′ W; to lat. 37°38′00′′ N, long.

121°37′04′′ W; to lat. 37°38′00′′ N, long.

121°50′04′′ W; to lat. 37°30′00′′ W, long.

121°50′04′′ W; on the south by lat. 37°30′00′′

N, and on the west by the east edges of V–

27 and V–199.

* * * * *

Issued in Los Angeles, California, on

January 24, 1997.

Sabra W. Kaulia,

Assistant Manager, Air Traffic Division,

Western Pacific Region.

[FR Doc. 97–3507 Filed 2–11–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–AWP–35]

Proposed Establishment of Class E

Airspace; Fallbrook, CA; Correction

ACTION: Notice of proposed rulemaking;

correction.

SUMMARY: This action corrects an error

in the airspace description and allows

for an extension of the comment period

of a proposed notice of rulemaking that

was published in the Federal Register

on January 8, 1997, Airspace Docket No.

96–AWP–35.

DATES: Comments must be received on

or before March 11, 1997.

FOR FURTHER INFORMATION CONTACT:

William Buck, Airspace Specialist,

Operations Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 725–6556.

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 97–395,

Airspace Docket No. 96–AWP–35,

published on January 8, 1997, (62 FR

1072), revised the description of the

Class E airspace area at Fallbrook, CA.

An error was discovered in the airspace

description for the Fallbrook, CA, Class

E airspace area. This action corrects that

error and extends the comment period

until March 11, 1997.

Corrections to Proposed Notice of

Rulemaking

Accordingly, pursuant to the

authority delegated to me, the airspace

description for the Class E airspace area

at Fallbrook CA, as published in the

Federal Register on January 8, 1997 (62

FR 1072), (Federal Register Document

97–395); page 1073, column 1 is

corrected as follows:

§ 71.1 [Corrected]

By removing ‘‘(Paragraph 6004 Class

E airspace areas designated as an

extension to a Class D or Class E surface

area)’’ and substituting ‘‘(Paragraph

6005 Class E airspace areas extending

upward from 700 feet or more above the

surface of the earth).’’

* * * * *

AWP CA E5 Fallbrook, CA [Corrected]

Fallbrook Community Airpark, CA

(Lat. 33°21′15′′ N, long. 117°15′03′′ W)

On page 1073, in the first column, the

airspace description for Fallbrook, CA, is

corrected to read as follows:

That airspace extending upward from 700

feet above the surface within a 6-mile radius

of the Fallbrook Community Airpark and

within 4 miles west and 5.3 miles east of the

014° bearing from the Fallbrook Community

Airpark, extending from the 6-mile radius to

20.5 miles north of the airport, excluding the

portion within the Camp Pendleton, CA,

Class E airspace area.

* * * * *

Issued in Los Angeles, California, on

February 7, 1997.

Michael Lammes,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–3508 Filed 2–11–97; 8:45 am]

BILLING CODE 4910–13–M

Surface Transportation Board

49 CFR Part 1111

[STB Ex Parte No. 527 (Sub-No. 1)]

Expedited Procedures for Processing

Simplified Rail Rate Reasonableness

Proceedings

AGENCY: Surface Transportation Board.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Surface Transportation

Board (Board) issued a decision on

December 31, 1996, in Rate

Guidelines—Non-Coal Proceedings, Ex

Parte No. 347 (Sub-No. 2), adopting

simplified guidelines for determining

the reasonableness of rail rates in

proceedings where the Constrained

Market Pricing guidelines cannot

practicably be applied. The Board

solicits comments on how the complaint

and investigation procedures at 49 CFR

Part 1111 should be modified to

incorporate a general procedural

schedule to govern the processing of

proceedings using the simplified

guidelines.

DATES: Comments are due March 14,

1997.

ADDRESSES: Send comments referring to

STB Ex Parte No. 527 (Sub-No. 1) to:

Surface Transportation Board, Office of

the Secretary, Case Control Branch,

1201 Constitution Ave., N.W.,

Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Stilling, (202) 927–7312.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION: Under the

ICC Termination Act of 1995, Pub. L.

104–88, 109 Stat. 803 (1995)(ICCTA),

new 49 U.S.C. 10704(c), the Board is

required to decide the reasonableness of

a challenged rate within 9 months after

the record closes if the determination is

based on stand-alone cost evidence, and

within 6 months if it is based upon a

simplified methodology. By decision

served on October 1, 1996 in Expedited

Procedures for Processing Rail Rate

Reasonableness, Exemption and

Revocation Proceedings, Ex Parte No.

527, published in the Federal Register

on October 8, 1996 (61 FR 52710)

(October decision) the Board adopted

final rules to expedite the handling of

challenges to the reasonableness of

railroad rates including the adoption of

a procedural schedule applicable in

stand-alone cost cases. The general

procedural schedule requires

completion of the evidentiary phase of

a stand-alone cost case in 7 months and

the issuance of a final decision within

16 months of the filing of the complaint.

49 CFR 1111.8. The rules became

effective November 16, 1996.

In the October decision, we did not

adopt a procedural schedule to govern

the filing of evidence in cases using the

simplified rate evaluation procedures.

Rather, we indicated that we would

consider the adoption of regulations

covering such cases following

completion of the Ex Parte No. 347

(Sub-No. 2).

On December 31, 1996, we adopted

simplified evidentiary guidelines to

determine the reasonableness of rail

rates on captive traffic where the

Constrained Market Pricing guidelines 1

cannot be practicably applied.

Consequently, we are now soliciting

comments to assist us in establishing a

general procedural schedule to be used

in cases processed under the simplified

rate evaluation procedures of Ex Parte

No. 347 (Sub-No. 2). Interested parties

are asked to comment on whether a

general procedural schedule applicable

to cases processed under the simplified

guidelines can be promulgated at this

time, and if so, what that schedule

should be, or whether we should delay