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[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Proposed Rules]
[Pages 34346-34350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14818]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2015-2147; Notice No. 15-05]
RIN 2120-AK51

Transponder Requirement for Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Advance Notice of Proposed Rulemaking (ANPRM).

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SUMMARY: The FAA requests public comment on removal of the current 
transponder exception for gliders. This action responds to 
recommendations from members of Congress and the National 
Transportation Safety Board. The purpose of this action is to gather 
information to determine whether the current glider exception--from 
transponder equipment and use requirements--provides the appropriate 
level of safety in the National Airspace System. The FAA will use the 
information gathered from this action to determine whether additional 
transponder equipment and use requirements are necessary for gliders 
operating in the excepted areas.

DATES: Send comments on or before August 17, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-2147 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Jon M. Stowe, Airspace Regulations Team, AJV-113, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-8783; email 
jon.m.stowe@faa.gov.
    For legal questions concerning this action, contact Anne Moore, 
Office of the Chief Counsel, AGC-220, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email Anne.Moore@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    See the ``Additional Information'' section for information on how 
to comment on this advance notice of proposed rulemaking (ANPRM) and 
how the FAA will handle comments received. The ``Additional 
Information'' section also contains related information about the 
docket, privacy,

[[Page 34347]]

and the handling of proprietary or confidential business information. 
In addition, there is information on obtaining copies of related 
rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on 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 49 
U.S.C. 40103, which vests the Administrator with broad authority to 
prescribe regulations to assign the use of airspace necessary to ensure 
the safety of aircraft and the efficient use of airspace, and 49 U.S.C. 
44701(a)(5), which requires the Administrator to promulgate regulations 
and minimum standards for other practices, methods, and procedures 
necessary for safety in air commerce and national security.

List of Abbreviations and Acronyms Frequently Used in This Document

ADS-B--Automatic Dependent Surveillance--Broadcast
ANPRM--Advance Notice of Proposed Rulemaking
LASE--Light Aircraft Surveillance Equipment
LPSE--Low Powered Surveillance Equipment
MSL--Mean Sea Level
NAS--National Airspace System
NMAC--Near Midair Collision
NTSB--National Transportation Safety Board
TABS--Traffic Awareness Beacon System
TCAS--Traffic Alert and Collision Avoidance System
TSO--Technical Standard Order

I. Executive Summary

    The purpose of this advance notice of proposed rulemaking (ANPRM) 
is to solicit input from interested persons involving glider operations 
in the National Airspace System (NAS). The ultimate goal is to ensure 
safety of flight for gliders and other aircraft operating in the NAS. 
The National Transportation Safety Board (NTSB) and two members of 
Congress requested rulemaking because of a midair collision between a 
glider and a private jet. The FAA notes that it is currently 
encouraging the voluntary equipage of Traffic Awareness Beacon System 
(TABS) devices on aircraft excepted from carrying a transponder, such 
as gliders.\1\ The FAA is also considering the current and future 
implications of Automatic Dependent Surveillance-Broadcast (ADS-B) that 
may impact this potential rule change.
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    \1\ Technical Standard Order, TSO-C199: Traffic Awareness Beacon 
System (TABS), October 10, 2014.
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II. Background

    The FAA is initiating this ANPRM for comment from the public 
regarding the removal of the glider exception from the transponder 
equipment and use requirements established in 14 CFR 91.215.\2\
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    \2\ The rule states that, with a few exceptions, all aircraft 
must have an operating transponder with Mode C (altitude reporting 
information) in the following areas: Class A, Class B, and Class C 
airspace; below 10,000 feet Mean Sea Level (MSL) and within 30 
nautical miles (nm) of the 36 airports listed in Appendix D to part 
91 (Mode C Veil); and above 10,000 feet MSL, except that airspace 
that is below 2,500 feet Above Ground Level (AGL).
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    This section establishes the specific technical standards for the 
transponder equipment's functionality, and defines the airspace where 
transponder equipment is required to operate. Generally, these areas 
include specific classes of airspace surrounding many airports (e.g. 
Class B and Class C airspace), most airspace above 10,000 ft., and 
airspace within 30 nautical miles (NM) of some of the nation's busiest 
airports. There are certain types of aircraft, including gliders, that 
are excepted from the transponder requirement within a portion of these 
areas.\3\ The FAA is not seeking comment on this exception for aircraft 
other than gliders.
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    \3\ The exceptions to the rule allow aircraft that were 
originally certificated without an engine-driven electrical system, 
balloons, and gliders to be operated in the following areas without 
a transponder: Within the 30 nm of the 36 listed airports listed in 
Appendix D to part 91 (Mode C Veil) provided they remain outside the 
Class A, B, or C airspace and are below the ceiling of the airspace 
designated for the Class B or C airport, or 10,000 feet MSL, 
whichever is lower; Above 10,000 feet MSL; and in the airspace from 
the surface to 10,000 feet MSL within a 10-nautical-mile radius of 
any airport listed in appendix D, excluding the airspace below 1,200 
feet outside of the lateral boundaries of the surface area of the 
airspace designated for that airport.
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A. National Transportation Safety Board (NTSB) Recommendations

    On March 31, 2008, the NTSB provided safety recommendations \4\ to 
the FAA resulting from an investigation following an August 28, 2006, 
Reno midair collision between a Hawker 800XP airplane, N879QS, and a 
Schleicher ASW27-18 glider, N7729. The collision occurred in flight 
about 42 NM south-southeast of the Reno/Tahoe International Airport 
(RNO), at an altitude of about 16,000 feet (ft.) mean sea level (MSL)--
an area excepted from transponder equipment and use requirements for 
gliders. Although the glider was equipped with a transponder, the 
glider pilot had turned off the equipment to conserve power. The 
findings of this accident investigation address the limitations of the 
see-and-avoid concept in preventing midair collisions, and 
specifically, the benefits of transponders in gliders for collision 
avoidance.
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    \4\ A-08-10 through 13, Safety Recommendations. National 
Transportation Safety Board, Washington, DC 20594, March 31, 2008. A 
copy of this report has been placed in the docket. http://www.ntsb.gov/doclib/recletters/2008/a08_10_13.pdf.
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    The NTSB recommended that the FAA remove the glider exceptions 
pertaining to the transponder equipment and use requirements, finding 
that ``transponders are critical to alerting pilots and controllers to 
the presence of nearby traffic so that collisions can be avoided.'' The 
FAA agrees with the NTSB on the benefits of transponders in collision 
avoidance.

B. Congressional Actions

    On March 13, 2012, The Honorable Harry Reid, United States Senate, 
wrote to the FAA expressing concerns about the safety of both gliders 
and other aircraft utilizing the same airspace around RNO. Senator Reid 
requested the FAA ``invoke its emergency rulemaking procedure to remove 
the glider exemption'' from Sec.  91.215. Additionally, on April 27, 
2012, the Honorable Mark E. Amodei, United States House of 
Representatives, wrote to the FAA to voice similar concerns about the 
impact of gliders on the safety of air traffic operations into and out 
of RNO. Congressman Amodei also encouraged the FAA to expedite the 
process to remove the glider exception from Sec.  91.215.

C. FAA Response

    The FAA Administrator responded to both Members of Congress on May 
18, 2012, explaining that while the FAA had considered emergency 
rulemaking, the FAA decided an ANPRM was an opportunity to gather input 
from the glider community.\5\ In response to both the NTSB safety 
recommendations and the congressional requests, the FAA analyzed the 
reports in the Aviation Safety and Reporting Subsystem (ASRS) database. 
The NTSB safety recommendation cited 60 Near Mid-Air Collisions (NMAC) 
in the ASRS database involving air carrier/corporate jet traffic and 
gliders from 1998 to August 2007 for all airspace areas. The

[[Page 34348]]

FAA reviewed the ASRS database from 1988 to October 2014 and found 
approximately 45 reports of NMACs involving gliders in or near the 
excepted areas of Sec.  91.215.\6\
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    \5\ Copies of the congressional recommendations have been placed 
in the docket.
    \6\ This database does not specifically indicate if a glider is 
equipped with a transponder or other beacon system.
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    It is important to recognize the limitations of air-traffic radar 
services. In some instances, Air Traffic Control (ATC) may not be able 
to issue traffic advisories concerning aircraft that are not under ATC 
control and are not displayed on radar. Radio waves normally travel in 
a continuous straight line. However, they may be ``bent'' by abnormal 
atmospheric phenomena such as temperature inversions, and/or screened 
by high terrain features, reflected or attenuated by dense objects such 
as heavy clouds, precipitation, ground obstacles, or mountains, etc. 
Many glider operations take place near mountains to take advantage of 
ridge lift and mountain waves. As a result, areas near mountains where 
glider pilots often operate may have minimal to no radar coverage.
    Primary radar energy that strikes dense objects is reflected and 
displayed on the controller's scope. The amount of reflective surface 
of an aircraft determines the size of the radar return. Therefore, a 
small light aircraft, like a glider, is more difficult to see on 
primary radar than a large commercial jet or military bomber. 
Additionally, primary radar uses filters to eliminate the display 
clutter caused by reflections from stationary objects (e.g. buildings, 
mountains) and slow-moving vehicles (e.g. trucks, cars). Gliders, when 
not moving very fast across the ground, may be filtered out as ground 
clutter and not displayed to the controller.
    The use of transponders has been important in achieving a higher 
level of safety, particularly in areas where high and low speed traffic 
is intermixed under Instrument and Visual Flight Rules (IFR and VFR 
respectively). In issuing this ANPRM, the FAA understands that glider 
design and electrical power limitations present unique challenges for 
the installation and operation of transponders. The FAA requests 
comments on removing the transponder use exception for gliders in order 
to improve safety.

D. Traffic Awareness Beacon System (TABS)

    The FAA notes that it is currently encouraging the voluntary 
equipage of TABS devices on aircraft excepted from carrying a 
transponder or ADS-B equipment, such as gliders, balloons and aircraft 
without electrical systems.\7\ TABS is described in FAA Technical 
Standard Order (TSO)-C199 and allows aircraft equipped with collision 
avoidance and traffic advisory systems to track and display the TABS 
equipped aircraft.
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    \7\ During the development of the new TSO-C199, these systems 
were referred to as Low Powered Surveillance Equipment (LPSE), and 
Light Aircraft Surveillance Equipment (LASE). The current acceptable 
terminology for these systems is Traffic Awareness Beacon System 
(TABS).
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E. Automatic Dependent Surveillance--Broadcast (ADS-B) Requirements

    The FAA also acknowledges that the exception from certain ADS-B Out 
requirements in Sec.  91.225 is provided to gliders in the same manner 
as they are excepted from the transponder requirement. This ANPRM also 
seeks comment and information specifically on issues relating to the 
glider exception from the current transponder equipment and ADS-B 
requirements and use.

III. Discussion/Questions Concerning Proposal Under Consideration

    The FAA is aware that removing established equipment exceptions for 
glider operations could impose significant costs on the glider 
community. Therefore, the FAA is issuing this ANPRM, rather than a 
Notice of Proposed Rulemaking (NPRM), to seek comments from the public 
and industry to aid in the development of a proposed rule and the 
analysis of its economic impact.
    The FAA requests comments and recommendations on the following 
issues. The sequence in which the issues are presented does not reflect 
any specific FAA preference.
    Please refer to the specific question number when submitting 
comments.

A. TSO-C199, Traffic Awareness Beacon System (TABS)

    A TABS device is a low cost compact system that allows other 
aircraft equipped with collision avoidance systems and traffic advisory 
systems to track and display the TABS aircraft. TABS devices are 
intended for use on aircraft that are excepted from carrying a 
transponder or ADS-B equipment, such as gliders. TABS are not for use 
in receiving air-traffic control services. The intent of TABS is to 
enable equipped aircraft to be more visible to other aircraft operating 
with Traffic Advisory System (TAS), Traffic Alert and Collision 
Avoidance System I (TCAS I), Traffic Alert and Collision Avoidance 
System II (TCAS II), TCAS II hybrid surveillance, and aircraft equipped 
with ADS-B In capability. TABS devices are manufactured under a TSO 
authorization with less rigorous specifications than transponders 
meeting the requirements of Sec.  91.215. The FAA requests comments and 
recommendations on the following issues related to proposing the use of 
TABS devices:
    A1. Rather than requiring gliders to meet Sec. Sec.  91.215 and 
91.225, should the FAA require TABS equipment? Please explain your 
answer.
    A2. Do you have an alternative suggestion to increase safety?
    A3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    A3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    A3.2. Provide estimate of installation cost(s).
    A.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    A4. Do you have, or plan to have, TABS installed on your glider? 
Please explain your answer.

B. Transponder Equipment and Use in Gliders

    Section 91.215 describes transponder equipment and use requirements 
for aircraft. Under Sec.  91.215, gliders may conduct operations 
without transponder equipment within 30 NM of an airport listed in 
appendix D, section 1 of part 91--provided such operations are 
conducted outside any Class A, Class B, or Class C airspace areas, and 
below the altitude of the ceiling of a Class B or Class C airspace area 
designated for an airport, or 10,000 feet mean sea level (MSL), 
whichever is lower. Gliders operating above 10,000 feet MSL are also 
excepted from the transponder requirement. The FAA requests comments 
and recommendations on the following issues relating to removing the 
exception for gliders provided in Sec.  91.215:
    B1. Should the FAA remove the glider exception from Sec.  91.215 
and require gliders to comply with the transponder equipment and use 
rules? Please explain your answer.
    B2. If the FAA removes the glider exception from Sec.  91.215, how 
would safety be affected?
    B3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    B3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    B3.2. Provide estimate of installation cost(s).

[[Page 34349]]

    B.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    B4. If the FAA requires gliders to be equipped with transponders in 
excepted airspace, should they also be subject to the ADS-B equipment 
requirements under Sec.  91.225? Please provide supporting information.

C. ADS-B Out Equipment and Use in Gliders

    Section 91.225 describes ADS-B Out equipment and use requirement 
for aircraft operating after January 1, 2020. Under Sec.  91.225(e) 
certain gliders may conduct operations without ADS-B Out, within 30 NM 
of an airport listed in appendix D, section 1 of part 91 provided these 
operations are conducted outside any Class A, Class B, or Class C 
airspace area and below the altitude of the ceiling of a Class B or 
Class C airspace area designated for an airport, or 10,000 feet MSL, 
whichever is lower. Further exception from the ADS-B requirement is 
provided to gliders operating above 10,000 feet MSL. The FAA requests 
comments and recommendations on the following issues relating to 
removing the exception for gliders provided under Sec.  91.225(e):
    C1. Should the FAA require gliders to meet the ADS-B equipment and 
use rules? Please provide supporting information.
    C2. If the FAA removes the glider exception from Sec.  91.225, 
would the level of operational safety increase? Please provide 
supporting information.
    C3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    C3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    C3.2. Provide estimate of installation cost(s).
    C.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    C4. If gliders are required to meet the ADS-B equipment and use 
rules, should they also be required to meet the transponder equipment 
requirements? Please provide supporting information.
    C5. Do you have or plan to have ADS-B In or ADS-B Out installed on 
your glider? Please explain your answer.

D. Additional Considerations

    D1. Can you suggest changes to current requirements or other 
equipment that would reduce the risk of collision for glider 
operations? If so, what specific requirements or procedures should be 
considered?
    D2. Have you had a collision or near collision while operating a 
glider? If so, please explain what happened.
    D3. Have you had a collision or near collision with a glider while 
operating an aircraft other than a glider? If so, please explain what 
happened.
    D4. Do you operate a glider within any of the following excepted 
areas? Please describe the type of airspace, location, frequency of 
operations, and any safety concerns during these operations.
     Within 30 nautical miles of an airport listed in appendix 
D, section 1 of part 91 provided such operations are conducted outside 
any Class A, B, or C airspace areas, and below the altitude of the 
ceiling of a Class B or Class C airspace area designated for an airport 
or 10,000 feet mean sea level (MSL), whichever is lower.
     Above 10,000 feet MSL
    D5. Do you receive air traffic services while flying a glider? 
Please explain the frequency and location of services, and any other 
information supporting your answer(s).

IV. Regulatory Notices and Analyses

A. Regulatory Flexibility Determination

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review rulemakings to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
The FAA invites comment to facilitate its assessment of the potential 
impact of a rule removing the glider exceptions pertaining to 
transponder equipment and use requirements.

B. Paperwork Reduction Act

    The FAA has not yet determined whether there will be an information 
collection associated with this rulemaking. This will be addressed at 
the time a NPRM, if any, is published.

C. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed corresponding ICAO Standards and Recommended Practices and 
will identify any differences with future proposed regulations. These 
differences will be addressed at the time a NPRM, if any, is published.

D. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this ANPRM would qualify for the categorical exclusion 
identified in paragraph 312f, and would involve no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this ANPRM under the principles and criteria 
of Executive Order 13132, Federalism. The agency has determined that 
this action would not have a substantial direct effect on the States, 
or the relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, and, therefore, would not have Federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution or Use

    The FAA analyzed this ANPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA will analyze any future action under the policies 
and agency responsibilities of Executive Order 13609, and determine if 
the action will have an effect on international regulatory cooperation. 
This will also be addressed at the time a NPRM, if any, is published.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or

[[Page 34350]]

views. The agency also invites comments relating to the economic, 
environmental, energy, or federalism impacts that might result from 
adopting the proposals in this document. The most helpful comments 
reference a specific portion of the proposal, explain the reason for 
any recommended change, and include supporting data. To ensure the 
docket does not contain duplicate comments, commenters should send only 
one copy of written comments, or if comments are filed electronically, 
commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this ANPRM. Before acting on this ANPRM, the FAA 
will consider all comments it receives on or before the closing date 
for comments. The FAA will consider comments filed after the comment 
period has closed if it is possible to do so without incurring expense 
or delay. The agency may change the direction of this rulemaking in 
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify 
electronically within the disk or CD-ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    Electronic copies of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Ave. SW., Washington, DC 20591, or by calling 202-267-9677. Commenters 
must identify the docket or notice number of this rulemaking.
    All documents the FAA considered in developing this ANPRM, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

    Issued under authority provided by 49 U.S.C. 106(f), 40103, and 
44701(a)(5)(a) in Washington, DC, on June 10, 2015.
Jodi S. McCarthy,
Director, Airspace Services.
[FR Doc. 2015-14818 Filed 6-15-15; 8:45 am]
 BILLING CODE 4910-13-P
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