Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 43183 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2012–0569; Airspace 

Docket No. 12–ANM–17 

Proposed Modification of Class E 

Airspace; Wolf Point, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Wolf Point, 

MT. Controlled airspace is necessary to 

accommodate aircraft using 

Nondirectional Radio Beacon (NDB) 

standard instrument approach 

procedures at L M Clayton Airport, Wolf 

Point, MT. The FAA is proposing this 

action to enhance the safety and 

management of aircraft operations at the 

airport. 

DATES: Comments must be received on 

or before September 7, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2012–0569; Airspace 

Docket No. 12–ANM–17, at the 

beginning of your comments. You may 

also submit comments through the 

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

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

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 

2012–0569 and Airspace Docket No. 12– 

ANM–17) 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–2012–0569 and 

Airspace Docket No. 12–ANM–17’’. 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 the 

‘‘ADDRESSES’’ section for the address 

and phone number) between 9:00 a.m. 

and 5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s 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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace at L M Clayton Airport, Wolf 

Point, MT. Controlled airspace is 

necessary to accommodate aircraft using 

the NDB standard instrument approach 

procedures at L M Clayton Airport, and 

would enhance the safety and 

management of aircraft operations. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined 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 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 this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 

modify controlled airspace at Wolf 

Point, L M Clayton Airport, Wolf Point, 

MT. 

This proposal will be subject 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 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 


Emcdonald on DSK67QTVN1PROD with PROPOSALS
43184 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 

1See infra note 29. 

2TransEnergie U.S., Ltd. 91 FERC ¶ 61,230, at 

61,838 (2000) (TransEnergie). 

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 the Federal Aviation 

Administration 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. 

* * * * * 

ANM MT E5 Wolf Point, MT [Modified] 

Wolf Point, L M Clayton Airport, MT 

(Lat. 48°05′40′′ N., long. 105°34′30′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 8-mile radius 

of L M Clayton Airport; that airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at lat. 

48°02′00′′ N., long. 104°13′00′′ W.; to lat. 

47°48′00′′ N., long. 104°33′00′′ W.; to lat. 

47°48′00′′ N., long. 106°00′02′′ W.; to lat. 48° 

20′00′′ N., long. 106°00′02′′ W.; to lat. 

48°20′00′′ N., long. 104°17′00′′ W.; thence to 

the point of beginning. 

Issued in Seattle, Washington, on July 16, 

2012. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2012–18074 Filed 7–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 2 and 35 

[Docket Nos. AD12–9–000 and AD11–11– 

000] 

Allocation of Capacity on New 

Merchant Transmission Projects and 

New Cost-Based, Participant-Funded 

Transmission Projects; Priority Rights 

to New Participant-Funded 

Transmission 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Proposed Policy Statement. 

SUMMARY: The Commission seeks 

comment on this proposed policy 

statement, which clarifies and refines 

current policies governing the allocation 

of capacity for new merchant 

transmission projects and new 

nonincumbent, cost-based, participantfunded transmission projects. The 

Commission proposes to allow 

developers of such projects to select a 

subset of customers, based on not 

unduly discriminatory or preferential 

criteria, and negotiate directly with 

those customers to reach agreement on 

the key terms and conditions for 

procuring capacity, when the 

developers (1) broadly solicit interest in 

the project from potential customers, 

and (2) file a report with the 

Commission describing the solicitation, 

selection and negotiation process. The 

Commission proposes these policy 

reforms to ensure transparency in the 

capacity allocation process while 

providing developers the ability to 

bilaterally negotiate rates, terms, and 

conditions for the full amount of 

transmission capacity with potential 

customers. 

DATES: Comments on the proposed 

policy statement are due on or before 

September 24, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Becky Robinson, Office of Energy Policy 

and Innovation, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

8868, becky.robinson@ferc.gov. 

Andrew Weinstein, Office of General 

Counsel, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6230, andrew.weinstein@ferc.gov. 

Brian Bak, Office of Energy Policy and 

Innovation, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6574, brian.bak@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

140 FERC ¶ 61,061 

Before Commissioners: Jon 

Wellinghoff, Chairman; Philip D. 

Moeller, John R. Norris, Cheryl A. 

LaFleur, and Tony T. Clark. 

Proposed Policy Statement 

Issued July 19, 2012. 

I. Introduction 

1. The Commission seeks comment on 

this proposed policy statement, which 

clarifies and refines current policies 

governing the allocation of capacity for 

new merchant transmission projects and 

new nonincumbent, cost-based, 

participant-funded transmission 

projects. In recent years, a number of 

merchant and nontraditional 

transmission developers have sought 

guidance from the Commission 

regarding application of open access 

principles to new transmission facilities 

through petitions for declaratory orders. 

As the Commission addressed these 

requests, its policies have evolved over 

time to provide potential customers 

adequate opportunities to obtain service 

while also providing transmission 

developers adequate certainty to assist 

with financing transmission projects. As 

a result of these evolving policies, 

different rules have been adopted 

regarding capacity allocation for 

merchant transmission projects and 

nonincumbent, cost-based, participantfunded transmission projects. 

2. With the benefit of experience 

regarding the unique characteristics of 

merchant and other nontraditional 

transmission project proposals, and in 

consideration of industry input on 

Commission policies regarding the 

allocation of capacity on such projects, 

the Commission proposes to streamline 

its capacity allocation policies by 

establishing consistent policies 

regarding capacity allocation for both 

merchant transmission projects and 

nonincumbent, cost-based, participantfunded transmission projects. 

Specifically, the Commission proposes 

to allow developers of such projects to 

select a subset of customers, based on 

not unduly discriminatory or 

preferential criteria, and negotiate 

directly with those customers to reach 

agreement on the key terms and 

conditions for procuring capacity, when 

they (1) broadly solicit interest in the 

project from potential customers, and 

(2) submit a report to the Commission 

describing the solicitation, selection and 

negotiation process. The Commission 

proposes these policy reforms to ensure 

transparency in the capacity allocation 

process while providing developers the 

ability to negotiate bilaterally with 

potential customers the rates, terms, and 

conditions for the full amount of 

transmission capacity. These policy 

reforms would be implemented within 

the existing four factor analysis used to 

evaluate requests for negotiated rate 

authority.1 The Commission seeks 

comment regarding this proposed 

change in policy, as discussed below. 

II. Background 

3. The Commission first granted 

negotiated rate authority to a merchant 

transmission project developer over a 

decade ago, finding that merchant 

transmission can play a useful role in 

expanding competitive generation 

alternatives for customers.2 Unlike 


Emcdonald on DSK67QTVN1PROD with PROPOSALS