Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 72869 

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 7400.9V, 

Airspace Designations and Reporting 

Points, dated August 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL MI E5 Boyne City, MI [New] 

Boyne City Municipal Airport, MI 

(Lat. 45°12′32′′ N., long. 84°59′24′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.9-mile 

radius of Boyne City Municipal Airport, and 

within 2 miles each side of the 080 degree 

bearing from the airport extending from the 

9.9-mile radius to 11.9 miles east of the 

airport. 

Issued in Fort Worth, TX, on November 9, 

2011. 

Gail L. Kasson, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–30572 Filed 11–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–0117; Airspace 

Docket No. 09–AGL–31] 

Proposed Establishment of Restricted 

Areas R–5402, R–5403A, R–5403B, R– 

5403C, R–5403D, R–5403E, and R– 

5403F; Devils Lake, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish restricted area airspace within 

the Devils Lake Military Operations 

Area (MOA), overlying Camp Grafton 

Range, in the vicinity of Devils Lake, 

ND. The new restricted areas would 

permit realistic training in modern 

tactics to be conducted at Camp Grafton 

Range while ensuring the safe and 

efficient use of the National Airspace 

System (NAS) in the Devils Lake, ND, 

area. Unlike restricted areas which are 

designated under Title 14 Code of 

Federal Regulations (14 CFR) part 73, 

MOAs are not rulemaking airspace 

actions. However, since the proposed 

restricted areas overlap the Devils Lake 

East MOA, the FAA is including a 

description of the Devils Lake East MOA 

change in this NPRM. The MOA change 

described herein will also be published 

in the National Flight Data Digest 

(NFDD). 

DATES: Comments must be received on 

or before January 12, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2011–0117 and 

Airspace Docket No. 09–AGL–31, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace, Regulations and 

ATC Procedures Group, Office of 

Airspace Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

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 (FAA Docket No. FAA– 

2011–0117 and Airspace Docket No. 09– 

AGL–31) 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. 

Commenters 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 FAA 

Docket No. FAA–2011–0117 and 

Airspace Docket No. 09–AGL–31.’’ 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 action 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/. 

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, Operations 

Support Group, Federal Aviation 

Administration, 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, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

Resulting from the 2005 Base 

Realignment and Closure Commission 

decisions, Grand Forks AFB was 

selected for a mission change from its 

existing aerial refueling mission to an 

emerging unmanned aerial system 

(UAS) mission. To accommodate this 

mission change, the United States (U.S.) 

Air Force is establishing an operational 

MQ–1, Predator, squadron at Hector 

International Airport, ND, with eight 

Predator aircraft being located at Grand 

Forks AFB. The launch and recovery 

operations and maintenance support 

activities for these aircraft will be 

accomplished at Grand Forks AFB. 

Additionally, the U.S. Air Force is 


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72870 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 

establishing a second Global Hawk Main 

Operating Base for RQ–4, Global Hawk, 

operations, with six to eight Global 

Hawk aircraft to be assigned at Grand 

Forks AFB as well. 

The UAS aircraft programmed to 

arrive at Grand Forks AFB will have 

mission and training requirements that 

include employing Intelligence/ 

Reconnaissance/Surveillance, Close Air 

Support, and Time Sensitive Targeting 

tactics. Predator laser training will be 

accomplished at Camp Grafton Range 

near Devils Lake, ND. Since the Predator 

onboard laser system is not eye-safe, its 

use during training must be contained 

within restricted area airspace. 

Restricted areas are regulatory airspace 

areas that are designated under 14 CFR 

part 73 rulemaking procedures to 

contain activities that may present a 

hazard to nonparticipating aircraft. No 

person may operate an aircraft within a 

restricted area without the advance 

permission of the using or controlling 

agency. 

With the emerging UAS mission at 

Grand Forks AFB and associated laser 

training requirements at Camp Grafton 

Range, the existing R–5401 restricted 

area surrounding the range is 

inadequate to satisfy laser training 

requirements for realistic mission 

profiles above 5,000 feet mean sea level 

(MSL). In order to fully exploit the 

capabilities of today’s UAS aircraft and 

provide the essential training that 

replicates the conditions that are 

encountered during wartime 

deployments today, it is necessary to 

expand the restricted airspace around 

Camp Grafton Range. The U.S. Air Force 

has proposed the FAA establish 

restricted areas surrounding Camp 

Grafton Range and R–5401 to enable 

realistic UAS mission profiles above 

5,000 feet MSL to contain the hazardous 

non-eye safe laser training. 

The proposed restricted areas would 

be established within the existing Devils 

Lake East MOA and would also extend 

beyond the MOA’s southern boundary 

approximately 10 NM at the furthest 

point. Additionally, the Devils Lake East 

and Devils Lake West MOAs and the 

existing air traffic control assigned 

airspaces associated with the MOAs 

would be retained to support integrated 

training activities; thus, allowing 

Predator crews to train for real world 

mission scenarios with other manned 

aircraft. To prevent confusion and 

conflict of having the proposed 

restricted areas and the existing MOA 

active in the same airspace at the same 

time, the Devils Lake East MOA would 

be amended to exclude R–5401 and the 

proposed restricted areas when they are 

active. 

MOAs are nonregulatory airspace 

areas that are established 

administratively and published in the 

NFDD. MOAs are established to separate 

or segregate non-hazardous military 

flight activities from aircraft operating 

in accordance with instrument flight 

rules (IFR), and to advise pilots flying 

under visual flight rules (VFR) where 

these activities are conducted. IFR 

aircraft may be routed through an active 

MOA only when air traffic control can 

provide approved separation from the 

MOA activity. VFR pilots are not 

restricted from flying in an active MOA, 

but are advised to exercise caution 

while doing so. Normally, MOA 

proposals are not published in an 

NPRM, but are advertised for public 

comment through a nonrule circular 

distributed by an FAA Service Center 

office to aviation interests in the 

affected area. When a nonrulemaking 

action is an integral part of a rulemaking 

action, FAA procedures allow for the 

nonrulemaking proposal to be included 

in the NPRM. Since R–5401 and the 

proposed restricted areas R–5402, R– 

5403A, R–5403B, R–5403C, R–5403D, 

R–5403E, and R–5403F all infringe on 

the Devils Lake East MOA, the FAA is 

including a description of the Devils 

Lake East MOA amendment in this 

NPRM. Comments on the proposed 

MOA change may also be submitted as 

indicated above in the ‘‘Comments 

Invited’’ section of this NPRM. 

Proposed MOA Change 

The FAA is proposing to amend the 

Devils Lake East MOA legal description 

to exclude that airspace within the 

proposed restricted areas R–5402, R– 

5403A, R–5403B, R–5403C, R–5403D, 

R–5403E, and R–5403F, which overlaps 

airspace within the MOA, when any of 

the restricted areas are active, 

respectively. The intent would be to 

exclude the restricted areas individually 

only as they are activated. Additionally, 

the Devils Lake East MOA amendment 

will retain and move the R–5401 

exclusionary language contained in the 

altitude information of the legal 

description to the boundaries 

information. Except for moving the R– 

5401 exclusion information, the altitude 

and time of use descriptions for Devils 

Lake East MOA will remain unchanged. 

This proposed amendment will prevent 

airspace conflict with the overlapping 

existing and proposed restricted areas. 

Devils Lake East MOA, ND [Amended] 

By removing the current boundaries 

and altitudes descriptions and 

substituting the following: 

Boundaries. Beginning at lat. 47°50′00′′ N., 

long. 99°09′01′′ W.; to lat. 47°47′00′′ N., long. 

99°00′01′′ W.; to lat. 47°50′00′′ N., long. 

98°17′01′′ W.; to lat. 47°35′00′′ N., long. 

98°07′01′′ W.; to lat. 47°19′00′′ N., long. 

97°44′01′′ W.; at lat. 47°07′00′′ N., long. 

98°12′01′′ W.; to lat. 47°14′00′′ N., long. 

98°22′01′′ W.; to lat. 47°25′00′′ N., long. 

99°15′01′′ W.; to lat. 47°25′00′′ N., long. 

99°41′01′′ W.; to the point of beginning, 

excluding R–5401, R–5402, R–5403A, R– 

5403B, R–5403C, R–5403D, R–5403E, and R– 

5403F when active. 

Altitudes. 3,500 feet MSL to but not 

including FL 180. 

Restricted Area Proposal 

The FAA is proposing to amend 14 

CFR part 73 to expand the vertical and 

lateral limits of restricted area airspace 

over Camp Grafton Range to contain 

hazardous non-eye safe laser training 

operations by an emerging UAS mission 

at Grand Forks Air Force Base (AFB), 

transforming the range into a viable 

non-eye safe laser training location. 

Camp Grafton Range currently is 

surrounded by R–5401; however, the 

lateral boundaries and altitude are 

insufficient to contain the laser training 

mission profiles and tactics flown today 

in combat operations. This proposal 

would supplement R–5401 and 

establish additional restricted areas, R– 

5402, R–5403A, R–5403B, R–5403C, R– 

5403D, R–5403E, and R–5403F, to 

provide the vertical and lateral tactical 

maneuver airspace needed for UAS 

target acquisition prior to attack, and to 

contain the non-eye safe laser during 

laser target designation training 

operations from medium to high 

altitudes. 

The proposed restricted area R–5402 

boundary, described in the regulatory 

text, would be defined by a 7 nautical 

mile (NM) radius around the center of 

R–5401, with the northern boundary 

adjusted to lie along the 47°45′00′′ N 

latitude. The proposed restricted area 

altitude would be upward from 500 feet 

above ground level to, but not including 

10,000 feet MSL. This new restricted 

area would provide a pathway for the 

non-eye safe laser beam to transit from 

the proposed R–5403A, R–5403B, or R– 

5403C (described below) through the 

existing R–5401 and onto Camp Grafton 

Range. 

The proposed restricted areas R– 

5403A, R–5403B, and R–5403C would 

share the same lateral boundaries, 

overlying R–5402 and layered in 

ascending order. The northern boundary 

of these R–5403 areas, as described in 

the regulatory text, would share the 

same northern boundary as R–5402, the 

47°45′00′′ N latitude. The western 

boundary would lie approximately 14 

NM west of R–5402 along the 99°15′00′′ 

W longitude and the eastern boundary 

would lie approximately 7 NM east of 


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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 72871 

R–5402 along the 98°15′00′′ W 

longitude. Finally, the southern 

boundary would be established to 

remain north of the protected airspace 

for V–55. The proposed restricted area 

altitudes, in ascending order, would be 

defined upward from 8,000 feet MSL to, 

but not including 10,000 feet MSL for 

R–5403A; upward from 10,000 feet MSL 

to, but not including 14,000 feet MSL 

for R–5403B; and upward from 14,000 

feet MSL to, but not including Flight 

Level (FL) 180 for R–5403C. The 

additional lateral and vertical limits 

provided by these proposed restricted 

areas, in conjunction with R–5401, R– 

5402, R–5403D, R–5403E, R–5403F, and 

Camp Grafton Range, would establish 

the maneuvering airspace needed for 

UAS aircraft to practice the tactical 

maneuvering and standoff target 

acquisition training requirements 

necessary for the combat tactics and 

mission profiles flown today and to 

contain the hazardous non-eye safe 

laser, when employed, completely 

within restricted airspace. 

The proposed restricted areas R– 

5403D, R–5403E, and R–5403F would 

also share the same lateral boundaries, 

adjacent to and southeast of R–5403A, 

R–5403B, and R–5403C, and also 

layered in ascending order. The 

northern boundary of these R–5403 

areas, as described in the regulatory 

text, would share the same southern 

boundary of R–5403A, R–5403B, and R– 

5403C. The western boundary point 

would reach to the 99°15′00′′ W 

longitude and the eastern boundary 

would lie along the 98°15′00′′ W 

longitude. Finally, the southern 

boundary would be established to lie 

along the 47°30′00′′ N latitude. The 

proposed restricted area altitudes, in 

ascending order, would be defined 

upward from 10,000 feet MSL to, but 

not including 12,000 feet MSL for R– 

5403D; upward from 12,000 feet MSL to, 

but not including 14,000 feet MSL for 

R–5403E; and upward from 14,000 feet 

MSL to, but not including Flight Level 

(FL) 180 for R–5403F. The additional 

lateral and vertical limits provided by 

these proposed restricted areas, in 

conjunction with R–5401, R–5402, R– 

5403A, R–5403B, R–5403C, and Camp 

Grafton Range, would establish the 

maneuvering airspace, standoff target 

acquisition, and hazardous non-eye safe 

laser employment training completely 

within restricted airspace, as noted 

above. 

Restricted areas R–5402, R–5403A, R– 

5403B, R–5403C, R–5403D, R–5403E, 

and R–5403F will all be designated as 

‘‘joint-use’’ airspace. This means that, 

during periods when any of the 

restricted airspace areas are not needed 

by the using agency for its designated 

purposes, the airspace will be returned 

to the controlling agency for access by 

other NAS users. The Minneapolis Air 

Route Traffic Control Center is the 

controlling agency for the proposed 

restricted areas. 

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 Department of 

Transportation (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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

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 the 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 establish restricted airspace at 

Camp Grafton Range near Devils Lake, 

ND, to enhance safety and accommodate 

essential military training. 

Environmental Review 

This proposal will be subjected to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited Areas, Restricted 

Areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

1. The authority citation for part 73 

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. 

§ 73.54 [Amended] 

2. § 73.54 is amended as follows: 

* * * * * 

R–5402 Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°45′00′′ N., 

long. 98°47′19′′ W.; to lat. 47°45′00′′ N., long. 

98°31′25′′ W.; then clockwise on a 7 NM arc 

centered on lat. 47°40′31′′ N., long. 98°39′22′′ 

W.; to the point of beginning, excluding the 

airspace within R–5401 when active, and R– 

5403A when active. 

Designated altitudes. 500 feet AGL to, but 

not including, 10,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403A Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°45′00′′ N., 

long. 99°15′00′′ W.; to lat. 47°45′00′′ N., long. 

98°15′00′′ W.; to lat. 47°35′39′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated altitudes. 8,000 feet MSL to, 

but not including, 10,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403B Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°45′00′′ N., 

long. 99°15′00′′ W.; to lat. 47°45′00′′ N., long. 

98°15′00′′ W.; to lat. 47°35′39′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated altitudes. 10,000 feet MSL to, 

but not including, 14,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403C Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°45′00′′ N., 

long. 99°15′00′′ W.; to lat. 47°45′00′′ N., long. 

98°15′00′′ W.; to lat. 47°35′39′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated altitudes. 14,000 feet MSL to, 

but not including, FL 180. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 


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72872 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 

1 42 U.S.C. 6291 et seq. 

2More information about the Rule can be found 

at http://www.ftc.gov/appliances. 

3 44 FR 66466 (Nov. 19, 1979). 

4See 52 FR 46888 (Dec. 10, 1987) (central air 

conditioners and heat pumps); 54 FR 28031 (Jul. 5, 

1989) (fluorescent lamp ballasts); 58 FR 54955 (Oct. 

25, 1993) (certain plumbing products); 59 FR 25176 

(May 13, 1994) (lighting products); 59 FR 49556 

(Sep. 28, 1994) (pool heaters); 71 FR 78057 (Dec. 

26, 2006) (ceiling fans); and 76 FR 1038 (Jan. 6, 

2011) (televisions). 

5See 42 U.S.C. 6302(a)(1) and 16 CFR 305.4(a)(1). 

6See 42 U.S.C. 6302(a)(2) and 16 CFR 305.4(a)(2). 

7See 42 U.S.C. 6296(a) and 16 CFR 305.20. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403D Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 10,000 feet MSL to, 

but not including, 12,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403E Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 12,000 feet MSL to, 

but not including, 14,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403F Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 14,000 feet MSL to, 

but not including, FL 180. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

Issued in Washington, DC, on November 

17, 2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–30495 Filed 11–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084–AB03] 

Rule Concerning Disclosures 

Regarding Energy Consumption and 

Water Use of Certain Home Appliances 

and Other Products Required Under 

the Energy Policy and Conservation 

Act (‘‘Appliance Labeling Rule’’) 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Advance notice of proposed 

rulemaking and public meeting 

announcement. 

SUMMARY: The Commission seeks 

comment on disclosures to help 

consumers, distributors, contractors, 

and installers easily determine whether 

a specific furnace, central air 

conditioner, or heat pump meets the 

applicable new Department of Energy 

efficiency standard for the regions 

where it will be installed. The 

Commission seeks comment on the 

content, location, and format of such 

disclosures. As part of this effort, the 

Commission staff will hold a public 

meeting with the Department of Energy 

to discuss possible disclosures. 

DATES: Comments must be received by 

January 10, 2012. The public meeting 

will be held on December 16, 2011. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Regional Labeling for 

Heating and Cooling Equipment (16 CFR 

Part 305) (Project No. P114202)’’ on 

your comment, and file your comment 

online at https://public.commentworks.

com/ftc/regional-disclosuresanpr, by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, mail or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–113 (Annex H), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, Attorney, (202) 

326–2889, Division of Enforcement, 

Federal Trade Commission, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission seeks comment on 

new labeling requirements and other 

disclosures for residential furnaces, 

central air conditioners, and heat pumps 

(i.e., heating and cooling equipment) to 

help consumers and industry members 

install equipment with the efficiency 

rating appropriate for their location 

under new regional efficiency standards 

issued by the Department of Energy 

(DOE). These new standards impose 

minimum efficiency levels which vary 

by region for different types of 

equipment. 

To facilitate the development of such 

disclosures, the Commission seeks 

comment on their appropriate content, 

location, and format. After considering 

comments, the Commission will publish 

specific proposed requirements for 

comment and then publish final 

disclosure requirements as amendments 

to the Commission’s Appliance Labeling 

Rule (16 CFR Part 305). 

II. Background 

The Commission’s Appliance 

Labeling Rule, issued pursuant to the 

Energy Policy and Conservation Act 

(EPCA),1 requires energy labeling for 

major household appliances and other 

consumer products to help consumers 

compare competing models.2 When first 

published in 1979,3 the Rule applied to 

eight appliance categories: refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, and 

furnaces. Since 1979, the Commission 

has expanded the Rule’s coverage to 

include central air conditioners, heat 

pumps, plumbing products, lighting 

products, ceiling fans, certain types of 

water heaters, and televisions.4 The 

Rule requires manufacturers to attach 

yellow EnergyGuide labels to all 

covered furnaces, central air 

conditioners, and heat pumps.5 The 

Rule also prohibits retailers from 

removing these labels or rendering them 

illegible.6 In addition, sellers, including 

retailers, must post label information on 

Web sites and in paper catalogs from 

which covered products can be 

ordered.7

The EnergyGuide labels for heating 

and cooling equipment contain two key 

disclosures: (1) The product’s efficiency 


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