70920 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Proposed Rules 

controlled airspace at Bozeman, Gallatin 

Field Airport, Bozeman, MT. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 5000 Class D airspace. 

* * * * * 

ANM MT D Bozeman, MT [Modified] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface to and including 7,000 feet MSL 

within a 5.4-mile radius of Bozeman, Gallatin 

Field Airport. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Bozeman, MT [Modified] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.5-mile 

radius of Bozeman, Gallatin Field Airport, 

and within 8 miles northeast and 13 miles 

southwest of the 316° bearing of the airport 

extending from the 13.5-mile radius to 24.4 

miles northwest of the airport. 

Paragraph 6006 En route domestic airspace 

areas. 

* * * * * 

ANM MT E6 Bozeman, MT [New] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within a 50-mile 

radius of the Bozeman, Gallatin Field 

Airport; excluding existing lateral limits of 

controlled airspace 12,000 feet MSL and 

above. 

Issued in Seattle, Washington, on 

November 8, 2011. 

William Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–29637 Filed 11–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1191; Airspace 

Docket No. 11–ANM–21] 

Proposed Amendment of Class E 

Airspace; Colorado Springs, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at City of 

Colorado Springs Municipal Airport, 

Colorado Springs, CO. 

Decommissioning of the Black Forest 

Tactical Air Navigation System 

(TACAN) has made this action 

necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also would adjust the geographic 

coordinates of the airport. 

DATES: Comments must be received on 

or before January 3, 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–2011– 

1191; Airspace Docket No. 11–ANM–21, 

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 

2011–1191 and Airspace Docket No. 11– 

ANM–21) 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–2011–1191 and 

Airspace Docket No. 11–ANM–21’’. 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 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 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. 


erowe on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Proposed Rules 70921 

1This preamble uses the term ‘‘disability’’ to refer 

to what the Act and its implementing regulations 

term a ‘‘handicap.’’ 

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 amending Class E 

airspace designated as an extension to 

Class C airspace area for City of 

Colorado Springs Municipal Airport, 

Colorado Springs, CO. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Black Forest 

TACAN. Also, the geographic 

coordinates of the airport would be 

updated to coincide with the FAA’s 

aeronautical database. Controlled 

airspace is necessary for the safety and 

management of IFR operations at the 

Airport. 

Class E airspace designations are 

published in paragraph 6003, 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 

amend controlled airspace at City of 

Colorado Springs Municipal Airport, 

Colorado Springs, CO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 6003 Class E airspace designated 

as an extension to Class C surface areas. 

* * * * * 

ANM CO E3 Colorado Springs, CO 

[Amended] 

City of Colorado Springs Municipal Airport, 

CO 

(Lat. 38°48′21′′ N., long. 104°42′03′′ W.) 

That airspace extending upward from the 

surface within 2.4 miles northwest and 1.2 

miles southeast of the City of Colorado 

Springs Municipal Airport 025° bearing 

extending from the 5-mile radius of the 

airport to 8.9 miles northeast and within 1.4 

miles each side of the airport 360° bearing 

extending from the 5-mile radius of the 

airport to 7.7 miles north of the airport. 

Issued in Seattle, Washington, on 

November 8, 2011. 

William Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–29635 Filed 11–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 100 

[Docket No. FR–5508–P–01] 

RIN 2529–AA96 

Implementation of the Fair Housing 

Act’s Discriminatory Effects Standard 

AGENCY: Office of the Assistant 

Secretary for Fair Housing and Equal 

Opportunity, HUD. 

ACTION: Proposed rule. 

SUMMARY: Title VIII of the Civil Rights 

Act of 1968, as amended (Fair Housing 

Act or Act), prohibits discrimination in 

the sale, rental, or financing of 

dwellings and in other housing-related 

activities on the basis of race, color, 

religion, sex, disability, familial status, 

or national origin.1 HUD, to which 

Congress gave the authority and 

responsibility for administering the Fair 

Housing Act and the power to make 

rules implementing the Act, has long 

interpreted the Act to prohibit housing 

practices with a discriminatory effect, 

even where there has been no intent to 

discriminate. 

The reasonableness of HUD’s 

interpretation is confirmed by eleven 

United States Courts of Appeals, which 

agree that the Fair Housing Act imposes 

liability based on discriminatory effects. 

By the time the Fair Housing 

Amendments Act became effective in 

1989, nine of the thirteen United States 

Courts of Appeals had determined that 

the Act prohibits housing practices with 

a discriminatory effect even absent an 

intent to discriminate. Two other United 

States Courts of Appeals have since 

reached the same conclusion, while 

another has assumed the same but did 

not need to reach the issue for purposes 

of deciding the case before it. 

Although there has been some 

variation in the application of the 

discriminatory effects standard, neither 

HUD nor any Federal court has ever 

determined that liability under the Act 

requires a finding of discriminatory 

intent. The purpose of this proposed 

rule, therefore, is to establish uniform 

standards for determining when a 

housing practice with a discriminatory 

effect violates the Fair Housing Act. 

DATES: Comment due date: January 17, 

2012. 

ADDRESSES: Interested persons are 

invited to submit written comments 

regarding this proposed rule to the 


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