## 77023 Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules

(2) Is clearly and permanently marked for installation only through an exterior wall;

(3) Has a rated cooling capacity no greater than 30,000 Btu/hr;

(4) Exchanges all of its outdoor air across a single surface of the equipment cabinet; and

(5) Has a combined outdoor air exchange area of less than 800 square inches (split systems) or less than 1,210 square inches (single packaged systems) as measured on the surface described in paragraph (4) of this definition.

* * * * *

■ 

### 3. Section 430.32 is amended by

■ 

### a. Revising the introductory text to paragraph (c);

■ 

### b. Removing paragraph (c)(1);

■ 

### c. Redesignating paragraphs (c)(2) through (c)(6) as (c)(1) through (c)(5) respectively;

■ 

### d. Removing footnote 1 to the table in newly redesignated paragraph (c)(1);

■ 

### e. Removing rows (v)(A) and (v)(B) in the table in newly redesignated paragraph (c)(1);

■ 

### f. Redesignating row (vi) in the table in newly redesignated paragraph (c)(1) as row (v);

■ 

### g. Redesignating rows (vii)(A) and (vii)(B) in the table in newly redesignated paragraph (c)(1) as rows (vi)(A) and (vi)(B) respectively; and

■ 

### h. Removing footnote 1 to the table in newly redesignated paragraph (c)(2).

The revision reads as follows:

**§ 430.32 Energy and water conservation standards and their compliance dates.** 


### * * * * *

(c) Central air conditioners and heat
pumps. The energy conservation standards defined in terms of the heating seasonal performance factor are based on Region IV, the minimum standardized design heating requirement, and the sampling plan stated in § 429.16 of this chapter.

* * * * * [FR Doc. 2013–30175 Filed 12–19–13; 8:45 am]

**BILLING CODE 6450–01–PC**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2013–0993; Airspace Docket No. 13–ASW–28]** 



### Proposed Establishment of Class E **Airspace; Tucumcari, NM**

**AGENCY** 

### : Federal Aviation Administration (FAA), Department of Transportation (DOT). **ACTION** 

### : Notice of proposed rulemaking (NPRM).

**SUMMARY** 

### : This action proposes to establish Class E airspace at the Tucumcari VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Tucumcari, NM, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Albuquerque Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

**DATES** 

### : Comments must be received on or before February 3, 2014.

**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–2013–0993; Airspace Docket No. 13–ASW–28, 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 2013–0993 and Airspace Docket No. 13– ASW–28) 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–2013–0993 and Airspace Docket No. 13–ASW–28’’. 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 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. The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E en route domestic airspace extending upward from 1,200 feet above the surface at the Tucumcari VORTAC navigation aid, Tucumcari, NM. This action would contain aircraft while in IFR conditions under control of Albuquerque ARTCC by vectoring aircraft from en route airspace to terminal areas.

Class E airspace designations are published in paragraph 6006, of FAA Order 7400.9X, dated August 7, 2013, and effective September 15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation


## 77024 Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules

1 Telemarketing Sales Rule, Statement of Basis and Purpose and Final Amended Rule, 68 FR 4580, 4672 (Jan. 29, 2003) (then codified at 16 CFR 310.4(a)(7), now at 16 CFR 310.4(a)(8)).

2 See 15 U.S.C. 45(m)(1)(A); see also Federal Trade Commission Civil Penalty Adjustments, 74 FR 857 (Jan. 9, 2009). In addition, the Truth in Caller ID Act of 2009 makes it unlawful ‘‘to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value’’ and provides criminal penalties and forfeitures for violations. 111 Public Law 331, 124 Stat. 3572, codified at 47 U.S.C. 227(e). The Federal Communications Commission enforces that statute, and has issued implementing regulations. See 76 FR 43196, 43203–06 (July 20, 2011). Further, a number of states have enacted anti-spoofing laws. See Office of the Minnesota Attorney Gen., Comment No. 00053, at 3, n.7 (citing Minn. Stat. § 325E.312; Fla. Stat. § 817.487; 815 Ill. Comp. Stat. § 517/10; La. Rev. Stat. Ann. § 51:1741.4; Miss. Code Ann. § 77– 3–805; Ok. Stat. Ann. § 776.23).

3 68 FR 4627. 

### 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 establish controlled airspace at the Tucumcari VORTAC, Tucumcari, NM.

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 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 7400.9X, Airspace Designations and Reporting Points, dated August 7, 2013, and effective September 15, 2013 is amended as follows:

Paragraph 6006 En route domestic airspace

areas. 

### * * * * *

ASW NM E6 Tucumcari, NM [New]
Tucumcari VORTAC, NM

(Lat. 35 ° 10 ′ 56 ′′ N., long. 103 ° 35 ′ 55 ′′ W.) That airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 37 ° 30 ′ 00 ′′ N., long.
102 ° 33 ′00 ′′ W.; to lat. 36 ° 30 ′ 00 ′′ N., long.
101 ° 45 ′00 ′′ W.; to lat. 36 ° 23 ′ 50 ′′ N., long.
101 ° 28 ′ 20 ′′ W.; to lat. 35 ° 49 ′45 ′′ N., long.
100 ° 00 ′00 ′′ W.; to lat. 32 ° 20 ′ 00 ′′ N., long.
100 ° 00 ′00 ′′ W.; to lat. 34 ° 52 ′ 00 ′′ N., long.
100 ° 19 ′00 ′′ W.; to lat. 34 ° 28 ′ 00 ′′ N., long.
100 ° 45 ′00 ′′ W.; to lat. 34 ° 29 ′ 30 ′′ N., long.
101 ° 00 ′00 ′′ W.; to lat. 34 ° 36 ′00 ′′ N., long.
102 ° 00 ′00 ′′ W.; to lat. 34 ° 33 ′00 ′′ N., long.
102 ° 19 ′00 ′′ W.; to lat. 34 ° 23 ′ 20 ′′ N., long.
102 ° 39 ′45 ′′ W.; to lat. 34 ° 19 ′00 ′′ N., long.
102 ° 48 ′00 ′′ W.; to lat. 33 ° 46 ′ 30 ′′ N., long.
103 ° 22 ′00 ′′ W.; to lat. 33 ° 43 ′ 10 ′′ N., long.
103 ° 24 ′ 30 ′′ W.; to lat. 33 ° 38 ′ 15 ′′ N., long.
103 ° 29 ′ 15 ′′ W.; to lat. 34 ° 08 ′45 ′′ N., long.
105 ° 09 ′00 ′′ W.; to lat. 34 ° 30 ′00 ′′ N., long.
105 ° 09 ′00 ′′ W.; to lat. 34 ° 43 ′00 ′′ N., long.
104 ° 33 ′00 ′′ W.; to lat. 35 ° 00 ′00 ′′ N., long.
104 ° 33 ′00 ′′ W.; to lat. 35 ° 00 ′00 ′′ N., long.
105 ° 04 ′00 ′′ W.; to lat. 35 ° 12 ′ 30 ′′ N., long.
105 ° 28 ′ 30 ′′ W.; to lat. 36 ° 43 ′00 ′′ N., long.
105 ° 20 ′ 30 ′′ W.; to lat. 36 ° 43 ′00 ′′ N., long.
105 ° 00 ′00 ′′ W., thence to the point of beginning.

Issued in Seattle, Washington, on December 11, 2013. Christopher Ramirez, Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013–30339 Filed 12–19–13; 8:45 am]

**BILLING CODE 4910–13–P**



### FEDERAL TRADE COMMISSION

**16 CFR Part 310**

**RIN 3084–AB19**



### Telemarketing Sales Rule; Notice of **Termination of Caller ID Rulemaking**

**AGENCY** 

### : Federal Trade Commission (‘‘Commission’’ or ‘‘FTC’’).

**ACTION** 

### : Notification.

**SUMMARY** 

### : After reviewing the public comments elicited by an Advance Notice of Proposed Rulemaking (‘‘ANPR’’) seeking suggestions on ways to enhance the effectiveness and enforceability of the caller identification (‘‘Caller ID’’) requirements of the Telemarketing Sales Rule (‘‘TSR’’), as well as technical presentations at the FTC’s 2012 Robocall Summit, the Commission has determined that amending the TSR would not reduce the incidence of the falsification, or ‘‘spoofing,’’ of Caller ID information in telemarketing calls. Accordingly, the Commission is closing this proceeding.

**DATES** 

### : This action is effective on December 5, 2013.

**ADDRESSES** 

### : Federal Trade Commission, Office of the Secretary, Room H–113 (Annex J), 600 Pennsylvania Avenue NW., Washington, DC 20580.

**FOR FURTHER INFORMATION CONTACT** 

### : Craig Tregillus, Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Room H–286, 600 Pennsylvania Ave. NW., Washington, DC 20580, (202) 326–2970.

**SUPPLEMENTARY INFORMATION** 

### : When the Commission amended the TSR in 2003, it added a requirement that telemarketers transmit identifying information to Caller ID services. 1 

### Violations of this provision can lead to civil penalties of up to $16,000 per violation, in the case of unlawful conduct that has ended, or $16,000 per day, in the case of ongoing violations. 2 

### The Commission explained that it added this prohibition to (1) promote consumer privacy by enabling consumers to know who is calling them at home; (2) encourage industry accountability and help legitimate businesses distinguish themselves from deceptive ones; and (3) assist law enforcement in identifying TSR violators. 3 

### The use of Caller ID information, however, has changed