Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27877

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 rule

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth

* * * * *

ASW TX E5 Laredo, TX [Revised]

Laredo International Airport, TX

(Lat. 27°32′41′′ N, long. 99°27′41′′ W)

Laredo VORTAC

(Lat. 27°28′44′′ N, long. 99°25′04′′ W)

Laredo, Rancho Blanco Airport, TX

(Lat. 27°18′31′′ N, long. 99°28′53′′ W)

Laredo Auxiliary No. 2 Airport, TX

(Lat. 27°28′33′′ N, long. 99°13′32′′ W)

That airspace extending upward from

700 feet above the surface within a 7.8-

mile radius of Laredo International

Airport and within 4.0 miles each side

of the 328° bearing of the Laredo

VORTAC extending from the 7.8-mile

radius to 18.0 miles northwest of the

Laredo VORTAC and within a 6.6-mile

radius of Rancho Blanco Airport and

within 1.6 miles each side of the 181°

bearing of the Laredo VORTAC

extending from the 6.6-mile radius to

12.1 miles north of the airport and

within a 6.8-mile radius of Laredo

Auxiliary No. 2 Airport excluding that

airspace in Mexico.

* * * * *

Issued in Forth Worth, TX, on May 11,

1995.

Larry D. Gray,

Manager, Air Traffic Division, Southwest

Region.

[FR Doc. 95–13016 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 94–ASW–16]

Establishment of Class E Airspace;

Ozona, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace extending upward from 700

feet above ground level (AGL) at Ozona

Municipal Airport, Ozona, TX. The

development of a Global Positioning

System (GPS) standard instrument

approach procedure (SIAP) to Runway

(RWY) 16 has made this action

necessary. Controlled airspace

extending upward from 700 feet above

ground level (AGL) is needed to contain

aircraft executing the SIAP. This action

is intended to provide adequate Class E

airspace to contain instrument flight

rule (IFR) operations for aircraft

executing the SIAP at Ozona Municipal

Airport, Ozona, TX.

EFFECTIVE DATE: 0901 UTC, July 20,

1995.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, System Management

Branch, Air Traffic Division, Southwest

Region, Federal Aviation

Administration, Forth Worth, TX

76193–0530, telephone 817–222–5593.

SUPPLEMENTARY INFORMATION:

History

On December 5, 1994, a proposal to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) to establish

the Class E airspace at Ozona, TX, was

published in the Federal Register (59

FR 62364). A GPS SIAP developed for

Ozona Municipal Airport, Ozona, TX,

requires Class E airspace. The proposal

was to revise the controlled airspace

extending upward from 700 feet AGL to

contain IFR operations in controlled

airspace during portions of the terminal

operation and while transitioning

between the enroute and terminal

environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. Therefore, the rule is adopted

as proposed.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace designations

for airspace areas extending upward

from 700 feet or more AGL are

published in Paragraph 6005 of FAA

Order 7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes the Class E airspace

located at Ozona Municipal Airport,

Ozona, TX, to provide controlled

airspace extending upward from 700

feet AGL for aircraft executing the GPS

RWY 16 SIAP.

The FAA has determined that this

regulation only involves an established

body of technical regulations that need

frequent and routine amendments to

keep them operationally current. It,

therefore—(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 that this rule

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:
27878 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

1 Inquiry Concerning the Commission’s Pricing

Policy for Transmission Services Provided by Public

Utilities Under the Federal Power Act, Policy

Statement, III FERC Stats. & Regs. ¶ 31,005 (1994);

59 FR 55031, Nov. 3, 1994. (Policy Statement).

2See American Electric Power Service

Corporation (AEP), 67 FERC ¶ 61,168 (1994), reh’g

pending. The comparability standard generally

provides that ‘‘[a]n open access tariff that is not

unduly discriminatory or anticompetitive should

offer third parties access on the same or comparable

basis, and under the same or comparable terms and

conditions, as the transmission provider’s uses of

its system.’’ Id. at 61,490. The Commission

explained in the Policy Statement that

comparability of service applies to price as well as

to terms and conditions. Policy Statement at 31,142.

The Commission recently issued a Notice of

Proposed Rulemaking in which it proposes to

require all public utilities to have on file nondiscriminatory open access transmission tariffs and

provides guidance on the comparability standard.

See Promoting Wholesale Competition Through

Open Access Non-discriminatory Transmission

Services by Public Utilities; Recovery of Stranded

Costs by Public Utilities and Transmitting Utilities,

Docket Nos. RM95–8–000 and RM94–7–001, Notice

of Proposed Rulemaking, 60 FR 17662 (Apr. 7,

1995), IV FERC Stats. & Regs. ¶ 32,514 (1995) (Open

Access NOPR).

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth

* * * * *

ASW TX E5 Ozona, TX [New]

Ozona, Ozona Municipal Airport, TX

(lat. 30°44′06′′ N., long. 101°12′10′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of Ozona Municipal Airport.

* * * * *

Issued in Fort Worth, TX, on May 11, 1995.

Larry D. Gray,

Manager, Air Traffic Division, Southwest

Region.

[FR Doc. 95–13017 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 2

[Docket No. RM93–19–001]

Inquiry Concerning the Commission’s

Pricing Policy for Transmission

Services Provided by Public Utilities

Under the Federal Power Act

Issued May 22, 1995.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Final rule; order on

reconsideration and clarifying policy

statement.

SUMMARY: The Commission in its

Transmission Pricing Policy Statement,

issued on October 26, 1994, announced

a new policy regarding the pricing of

transmission services provided by

public utilities and transmitting utilities

under the Federal Power Act that allows

greater transmission pricing flexibility

than was allowed under previous

Commission policies. The Commission

traditionally had allowed only postagestamp, contract-path pricing. the Policy

Statement announced that the

Commission also will allow a variety of

other pricing methods that may be more

suitable for competitive wholesale

power markets, including distancesensitive and flow-based pricing. In

response to filings by certain entities,

the Commission is denying requests for

reconsideration of the Policy Statement;

however, the Commission is clarifying

certain matters concerning nonconforming transmission pricing

proposals.

EFFECTIVE DATE: This order is effective as

of May 22, 1995.

FOR FURTHER INFORMATION CONTACT:

Deborah B. Leahy, Office of the General

Counsel, Federal Energy Regulatory

Commission, 825 North Capitol Street

NE, Washington, D.C. 20426,

Telephone: (202) 208–2039, (legal

issues)

Stephen J. Henderson, Office of

Economic Policy, Federal Energy

Regulatory Commission, 825 North

Capitol Street NE, Washington, D.C.

20426, Telephone: (202) 208–0100,

(technical issues)

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in Room 3104, at 941 North Capitol

Street, N.E., Washington, D.C. 20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing (202) 208–1397. To

access CIPS, set your communications

software to 19200, 14400, 12000, 9600,

7200, 4800, 2400, 1200 or 300 bps, full

duplex, no parity, 8 data bits and 1 stop

bit. The full text of this document will

be available on CIPS for 60 days from

the date of issuance in ASCII and

WordPerfect 5.1 format. After 60 days

the document will be archived, but still

accessible. The complete text on

diskette in WordPerfect format may also

be purchased from the Commission’s

copy contractor, La Dorn Systems

Corporation, also located in Room 3104,

941 North Capitol Street NE.,

Washington, D.C. 20426.

Order on Reconsideration and

Clarifying Policy Statement

Issued May 22, 1995.

On October 26, 1994, the Commission

issued a Transmission Pricing Policy

Statement.1 We announced a new policy

regarding the pricing of transmission

services provided by public utilities and

transmitting utilities under the Federal

Power Act (FPA) that allows greater

transmission pricing flexibility than was

allowed under previous Commission

policies. The Commission traditionally

had allowed only postage-stamp,

contract-path pricing. The Policy

Statement announced that the

Commission also will allow a variety of

other pricing methods that may be more

suitable for competitive wholesale

power markets, including distancesensitive and flow-based pricing.

The Policy Statement identified five

principles for evaluating transmission

pricing proposals. The first principle is

that transmission pricing should

conform to the traditional embedded

cost revenue requirement. However, the

Commission also provided procedures

whereby utilities can propose rates that

do not conform to the traditional

revenue requirement and thus do not

meet the first principle, i.e., nonconforming proposals. The second

principle requires that any new

transmission pricing proposal,

conforming or non-conforming, must

meet the Commission’s comparability

standard.2 The remaining three

principles (concerning economic

efficiency, fairness, and practicality)

reflect goals that an applicant must try

to meet, but that may need to be

balanced against one another in the

Commission’s determination of whether

the proposed rates are just and

reasonable.

On November 22, 1994, the Vermont

Department of Public Service (Vermont

Department) filed a request for

reconsideration of the Commission’s

decision to treat opportunity cost

pricing as a form of marginal cost

pricing consistent with comparability

principles. On November 23, 1994, the

American Forest and Paper Association

(American Forest and Paper) filed a

request for rehearing and motion for

reconsideration concerning several

aspects of the Policy Statement.

American Forest and Paper asks the

Commission to replace the Policy

Statement with a Notice of Proposed

Rulemaking. Further, it opposes the

Commission’s decision to allow

opportunity cost pricing and marginal