Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules 45475 

amount of time, which must be 

sustained for as long as the duration of 

the negotiated rulemaking. Although the 

ERAC advisory committee charter will 

be in effect for 2 years from the date it 

is filed with Congress, DOE expects the 

subcommittee’s deliberations to 

conclude or be terminated earlier than 

that. Other qualities of members that 

can be helpful are negotiating 

experience and skills, and sufficient 

technical knowledge to participate in 

substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 

willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the subcommittee’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. Rather, the 

facilitator’s role generally includes: 

• Impartially assisting the members of 

the subcommittee in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensusbuilding negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the subcommittee. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the standards 

rulemaking, including the Office of 

Management and Budget, the Attorney 

General, and other Departmental offices, 

are kept informed of the negotiations 

and encouraged to make their concerns 

known in a timely fashion. 

G. Subcommittee and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will either inform the members of 

the subcommittee that they have been 

selected or determine that conducting a 

negotiated rulemaking is inappropriate. 

Due to the court-ordered deadline, DOE 

plans for the subcommittee to conduct 

deliberations in the summer and fall of 

2011 and hopes that the subcommittee 

will come to an agreement on a Notice 

of Proposed Rulemaking in time to 

publish that proposal by the October 1, 

2011 date contained in the settlement 

agreement described above. 

DOE will advise subcommittee 

members of administrative matters 

related to the functions of the 

subcommittee before beginning. DOE 

will establish a meeting schedule based 

on the settlement agreement and 

produce the necessary documents so as 

to adhere to that schedule. While the 

negotiated rulemaking process is 

underway, DOE is committed to 

performing much of the same analysis 

as it would during a normal standards 

rulemaking process and to providing 

information and technical support to the 

subcommittee. 

IV. Comments Requested 

DOE requests comments on whether it 

should use negotiated rulemaking for its 

rulemaking pertaining to the energy 

efficiency of distribution transformers 

and the extent to which the issues, 

parties, and procedures described above 

are adequate and appropriate. DOE also 

requests comments on which parties 

should be included in a negotiated 

rulemaking to develop draft language 

pertaining to the energy efficiency of 

distribution transformers and 

suggestions of additional interests and/ 

or stakeholders that should be 

represented on the subcommittee. All 

who wish to participate as members of 

the subcommittee should submit a 

request for nomination to DOE. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice intent to 

negotiate a proposed rulemaking. 

Issued in Washington, DC, on July 26, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–19263 Filed 7–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0758 Airspace 

Docket No. 11–AAL–11] 

Proposed Amendment of Class E 

Airspace; Northway, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to revise 

Class E airspace at Northway AK. The 

amendment of one standard instrument 

approach procedure at the Northway 

Airport has made this action necessary 

to enhance safety and management of 

Instrument Flight Rules (IFR) 

operations. 

DATES: Comments must be received on 

or before September 12, 2011. 

ADDRESSES: Send comments on the 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. You must identify the 

docket number FAA–2011–0758/ 

Airspace Docket No. 11–AAL–11 at the 

beginning of your comments. You may 

also submit comments on 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 

plaza level of the Department of 

Transportation NASSIF Building at the 

above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Service Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSK4TPTVN1PROD with PROPOSALS
45476 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules 

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–2011–0758/Airspace 

Docket No. 11–AAL–11.’’ 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 

public docket 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 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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591 or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. 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 revising the Class E2 surface 

area and the Class E5 transitions areas 

at the Northway Airport in Northway, 

AK, to accommodate the revision of the 

RNAV (GPS) Runway 23 instrument 

approach procedure at the Northway 

Airport. This Class E airspace would 

provide adequate controlled airspace 

upward from the surface (E2) to 700 feet 

and 1,200 feet (E5) above the surface, for 

the safety and management of IFR 

operations at the Northway Airport. 

The Class E2 airspace designated as 

surface areas and the Class E5 airspace 

designated as 700/1200 foot transition 

areas are published in paragraphs 6002 

and 6005, respectively, in FAA Order 

7400.9U, Airspace Designations and 

Reporting Points, signed August 18, 

2010, and effective September 15, 2010, 

which is incorporated by reference in 14 

CFR 71.1. The airspaces listed in this 

document would be subsequently 

published in that 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. 

Because 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 United States 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it proposes to revise Class E 

airspace at the Northway Airport, 

Northway, AK, and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

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(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 Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is to be 

amended as follows: 

* * * * * 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AAL AK E2 Northway, AK [Revised] 

Northway Airport, AK 

(Lat. 62°57′40′′ N., long. 141°55′41′′ W.) 

Northway VORTAC 

(Lat. 62°56′50′′ N., long. 141°54′46′′ W.) 

Within a 4-mile radius of the Northway 

Airport, AK and within 2 miles each side of 

the 077° radial from the Northway Airport, 

AK extending from the 4-mile radius to 12.7 

miles east of the Northway Airport, AK and 

within 3.1 miles each side of the 312° radial 

from the Northway VORTAC extending from 

the 4-mile radius to 11.4 miles northwest of 

the Northway Airport, AK. 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Northway AK [Revised] 

Northway Airport, AK 

(Lat. 62°57′40′′ N., long. 141°55′41′′ W.) 

Northway VORTAC 

(Lat. 62°56′50′′ N., long. 141°54′46′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 8-mile radius 

of the Northway Airport, AK and within 2 

miles each side of the 077° radial from the 

Northway Airport, AK extending from the 8- 

mile radius to 13.7 miles east of the 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules 45477 

Northway Airport, AK, and that airspace 

extending upward from 1,200 feet above the 

surface within a 66-mile radius of the 

Northway Airport, AK, excluding the 

airspace east of 141°00′00′′ west longitude. 

Issued in Anchorage, AK, on July 22, 2011. 

Marshall G. Severson, 

Acting Manager, Alaska Flight Services. 

[FR Doc. 2011–19162 Filed 7–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0756 Airspace 

Docket No. 11–AAL–09] 

Proposed Amendment of Class E 

Airspace; Allakaket, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to revise 

Class E airspace at Allakaket AK. The 

amendment of one standard instrument 

approach procedure at the Allakaket 

Airport has made this action necessary 

to enhance safety and management of 

Instrument Flight Rules (IFR) 

operations. 

DATES: Comments must be received on 

or before September 12, 2011. 

ADDRESSES: Send comments on the 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. You must identify the 

docket number FAA–2011–0756/ 

Airspace Docket No. 11–AAL–09 at the 

beginning of your comments. You may 

also submit comments on 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 

plaza level of the Department of 

Transportation NASSIF Building at the 

above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Service Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

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–2011–0756/Airspace 

Docket No. 11–AAL–09.’’ 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 

public docket 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 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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591 or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. 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 revising Class E5 airspace at 

the Allakaket Airport in Allakaket, AK, 

to accommodate the revision of the 

RNAV (GPS) Runway 23 instrument 

approach procedure at the Allakaket 

Airport. This Class E airspace would 

provide adequate controlled airspace 

upward from the surface (E2) to 700 feet 

and 1,200 feet (E5) above the surface, for 

the safety and management of IFR 

operations at the Allakaket Airport. 

The Class E2 airspace designated as 

surface areas and the Class E5 airspace 

designated as 700/1200 foot transition 

areas are published in paragraphs 6002 

and 6005, respectively, in FAA Order 

7400.9U, Airspace Designations and 

Reporting Points, signed August 18, 

2010, and effective September 15, 2010, 

which is incorporated by reference in 14 

CFR 71.1. The airspaces listed in this 

document would be subsequently 

published in that 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. 

Because 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 United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 


jlentini on DSK4TPTVN1PROD with PROPOSALS