Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 30025 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0191/Airspace 

Docket No. 09–ACE–4.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Antelope County Airport, 

Neligh, NE. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9S, dated October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary 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, 

when promulgated, will 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 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 Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of 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 

Antelope County Airport, Neligh, NE. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, 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 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 FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, dated October 3, 2008, and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 Neligh, NE [New] 

Antelope County Airport, NE 

(Lat. 42°06′44′′ N., long. 98°02′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.7-mile 

radius of Antelope County Airport and 

within 3.3 miles either side of the 193° 

bearing from the airport extending from the 

7.7-mile radius to 10.2 miles south of the 

airport, and within 2.2 miles either side of 

the 013° bearing from the airport extending 

from the 7.7-mile radius to 10.1 miles north 

of the airport. 

* * * * * 

Issued in Fort Worth, TX on June 16, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–14811 Filed 6–23–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1099; Airspace 

Docket No. 08–AWP–10] 

Proposed Modification of Class E 

Airspace; Lake Havasu, AZ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Lake Havasu 

City, AZ. Additional controlled airspace 

is necessary to accommodate aircraft 

using a new Area Navigation (RNAV) 

Global Positioning System (GPS) 

Standard Instrument Approach 

Procedure (SIAP) at Lake Havasu City 

Airport, Lake Havasu, AZ. The FAA is 

proposing this action to enhance the 

safety and management of aircraft 

operations at Lake Havasu City Airport, 

Lake Havasu, AZ. 

DATES: Comments must be received on 

or before August 10, 2009. 

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–2008–1099; Airspace 

Docket No. 08–AWP–10, 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 

30026 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 

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 

2008–1099 and Airspace Docket No. 08– 

AWP–10) 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–2008–1099 and 

Airspace Docket No. 08–AWP–10’’. 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. 

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 modifying Class E 

airspace at Lake Havasu City Airport, 

Lake Havasu, AZ. Controlled airspace 

extending 700 feet above the surface is 

necessary to accommodate aircraft using 

the new RNAV (GPS) SIAPs at Lake 

Havasu City Airport, Lake Havasu, AZ. 

This action would enhance the safety 

and management of aircraft operations 

at Lake Havasu City Airport, Lake 

Havasu, AZ. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S, signed October 3, 2008, 

and effective October 31, 2008, 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 that 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 that 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 FAAs 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 modifies 

additional controlled airspace at Lake 

Havasu City Airport, Lake Havasu, AZ. 

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 FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008, and 

effective October 31, 2008 is amended 

as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP AZ E5 Lake Havasu, AZ [ Modified] 

Lake Havasu City Airport, AZ 

(Lat. 34°34′16′′ N., long. 114°21′30′′ W.) 

Chemehuevi Valley Airport, CA 

(Lat. 34°31′44′′ N., long. 114°25′56′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Lake Havasu City Airport and 

within 1 mile each side of the Lake Havasu 

City Airport 150° bearing extending from the 

6.7-mile radius to 13 miles southeast of the 

Lake Havasu City Airport, excluding that 

airspace with a 2.2-mile radius of 

Chemehuevi Valley Airport. That airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at lat. 

34°42′47′′ N., long. 114°29′37′′ W.; to lat. 

34°42′47′′ N., long. 114°12′06′′ W.; to lat. 

34°23′00′′ N., long. 114°12′06′′ W.; to lat. 

34°17′19′′ N., long. 114°32’12′′ W.; thence to 

the point of beginning. 

* * * * * 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 30027 

1Requests for interchange service are also called 

‘‘RFI.’’ The NERC glossary defines ‘‘Interchange’’ as, 

‘‘Energy transfers that cross balancing authority 

boundaries.’’ NERC Glossary of Terms Used in 

Reliability Standards (as revised) (glossary), 

originally filed with NERC’s April 4, 2006 Request 

for Approval of Reliability Standards, Docket No. 

RM06–16–000, and affirmed by Mandatory 

Reliability Standards for the Bulk-Power System, 

Order No. 693, FERC Stats. and Regs. ¶ 31,242 

(2007), order on reh’g, Order No. 693–A, 120 FERC 

¶ 61,053 (2007). The glossary is appended to the 

Reliability Standards and is available on the NERC 

Web site, http://www.nerc.com. 

2See Modification of Interchange and 

Transmission Loading Relief Reliability Standards; 

and Electric Reliability Organization Interpretation 

of Specific Requirements of Four Reliability 

Standards, Order No. 713, 73 FR 43613 (Jul. 28, 

2008), 124 FERC ¶ 61,071, at P 67 (2008). Under 

NERC procedures, changes developed pursuant to 

an urgent action request must be reviewed under 

the normal Reliability Standards development 

process, by a panel having the appropriate 

expertise, and balloted for final approval, with any 

modifications, within one year, if no substantive 

changes are made, or else within two years. NERC 

states that the current revisions are not substantial 

enough to change the intent, scope or purpose of 

the prior versions of the Reliability Standards. 

3The Commission is not proposing any new or 

modified text to its regulations. Rather, as set forth 

in 18 CFR Part 40, a proposed Reliability Standard 

will not become effective until approved by the 

Commission, and the Electric Reliability 

Organization (ERO) must post on its Web site each 

effective Reliability Standard. 

4Energy Policy Act of 2005, Public Law 109–58, 

Title XII, Subtitle A, 119 Stat. 594, 941 (2005), 16 

U.S.C. 824o (2006). 

5 16 U.S.C. 824o(e)(3). 

6Rules Concerning Certification of the Electric 

Reliability Organization; and Procedures for the 

Establishment, Approval, and Enforcement of 

Electric Reliability Standards, Order No. 672, FERC 

Stats. & Regs. ¶ 31,204, order on reh’g, Order No. 

672–A, FERC Stats. & Regs. ¶ 31,212 (2006). 

7North American Electric Reliability Corp., 116 

FERC ¶ 61,062, order on reh’g & compliance, 117 

FERC ¶ 61,126 (2006). 

Issued in Seattle, Washington, on June 12, 

2009. 

William Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–14819 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM09–8–000] 

Revised Mandatory Reliability 

Standards for Interchange Scheduling 

and Coordination 

June 18, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Pursuant to section 215 of the 

Federal Power Act, the Commission 

proposes to approve three updated 

Interchange Scheduling and 

Coordination (INT) Reliability 

Standards developed by the North 

American Electric Reliability 

Corporation. The proposed INT 

Reliability Standards specify times for 

entities in the Western Interconnection 

to review and respond to requests for 

interchange service, specifically, ontime requests for service and requests 

for emergency interchange and 

reliability adjustment interchange 

service. In addition, the revisions set 

forth appropriate response times for all 

requests for on-time, emergency and 

reliability adjustment interchange 

service. 

DATES: Comments are due July 24, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number by any of 

the following methods: 

• Agency Web Site: http://ferc.gov. 

Documents created electronically using 

word processing software should be 

filed in native applications or print-toPDF format and not in a scanned format. 

• Mail/Hand Delivery: Commenters 

unable to file comments electronically 

must mail or hand deliver an original 

and 14 copies of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street, NE., Washington, DC 20426. 

FOR FURTHER INFORMATION CONTACT: 

Danny Johnson (Technical Information), 

Office of Electric Reliability, Division 

of Reliability Standards, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426. (202) 502–8892. 

Rheta Johnson (Technical Information), 

Office of Electric Reliability, Division 

of Reliability Standards, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426. (202) 502–6503. 

Richard M. Wartchow (Legal 

Information), Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. (202) 502– 

8744. 

SUPPLEMENTARY INFORMATION: 

1. Pursuant to section 215 of the 

Federal Power Act (FPA), the 

Commission proposes to approve three 

updated Interchange Scheduling and 

Coordination (INT) Reliability 

Standards developed by the North 

American Electric Reliability 

Corporation (NERC): INT–005–3, 

Interchange Authority Distributes 

Arranged Interchange; INT–006–3, 

Response to Interchange Authority; and 

INT–008–3, Interchange Authority 

Distributes Status. The proposed INT 

Reliability Standards specify response 

times for entities in the Western 

Interconnection to review and respond 

to requests for interchange service. In 

addition, the revisions set forth 

appropriate response times for all 

requests for on-time, emergency and 

reliability adjustment interchange 

service.1

2. The revised INT Reliability 

Standards update and replace version 2 

of the INT Reliability Standards. NERC 

adopted these standards pursuant to an 

urgent action request under NERC 

procedures, which require that the 

standards be resubmitted for processing 

through NERC’s normal Reliability 

Standards development procedures.2

The proposed rule would benefit the 

reliable operation of the Bulk-Power 

System by clarifying how long the 

relevant entities have to respond to 

requests for interchange service and 

providing entities in the Western 

Interconnection with sufficient time to 

assess and respond to requests for 

interchange service.3

I. Background 

A. EPAct 2005 and Mandatory 

Reliability Standards 

3. On August 8, 2005, the Electricity 

Modernization Act of 2005 was enacted 

as Title XII, Subtitle A, of the Energy 

Policy Act of 2005 (EPAct 2005).4 EPAct 

2005 added section 215 to the FPA, 

requiring the Commission-certified 

Electric Reliability Organization (ERO) 

to develop mandatory and enforceable 

Reliability Standards to provide for the 

reliable operation of the Bulk-Power 

System, subject to Commission review 

and approval. Once approved, the 

Reliability Standards may be enforced 

by the ERO, subject to Commission 

oversight, or by the Commission 

independently.5

4. On February 3, 2006, the 

Commission issued Order No. 672, 

implementing section 215.6 Pursuant to 

Order No. 672, the Commission certified 

NERC as the ERO.7 The ERO is required 

to develop Reliability Standards, subject 

to Commission review and approval, 

applicable to users, owners and 

operators of the Bulk-Power System, as 

set forth in each Reliability Standard. 

5. Section 215(d)(2) of the FPA states 

that the Commission may approve, by 

rule or order, a proposed Reliability 

Standard or modification to a Reliability 

Standard if it determines that the 

Standard is just, reasonable, not unduly 

discriminatory or preferential, and in