Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules 10861

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, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number 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 Airspace Docket No. 00–

AEA–16’’. The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, 1 Aviation Plaza,

Jamaica, NY 11434–4809.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

establish Class E airspace area at South

Albany Airport. An RNAV (GPS)

Approach has been established for the

South Albany Airport, South Bethelem,

NY. Controlled airspace extending

upward from 700 feet AGL is needed to

accommodate the approach. Class E

airspace designations for airspace areas

extending upward from 700 feet or more

above the surface are published in

Paragraph 6005 of FAA Order 7400.9H,

dated September 1, 2000, and effective

September 16, 2000, 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.

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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have 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).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 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. 106(g), 40103, 40113,

40120; EO 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 Federal Aviation

Administration order 7400.9F dated

September 10, 2000, and effective

September 16, 2000, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA NY E5, South Albany, NY

South Albany Airport, South Bethelem, NY

(423338.61N/0735002.24)

That airspace extending upward from 700

feet above the surface within a 6 mile radius

of South Albany Airport.

* * * * *

Issued in Jamaica, New York on January

29, 2001.

F.D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 01–4154 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AAL–20]

Proposed Revision of Class E

Airspace; Bethel, AK

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to revise

Class E airspace at Bethel, AK, in two

ways: (1) The FAA intends to cancel the

Bethel Very High Frequency (VHF)

Omnidirectional Range (VOR)

instrument approach to runway (RWY)

36 at Bethel, AK, and to simultaneously

reduce the Class E (surface area

extension) airspace at Bethel, AK; (2)

The FAA intends to correct an

administrative error by revising the

Class E (surface area) airspace with an

exclusion area for Hanger Lake seaplane

base operations. This proposed rule

would accomplish two actions: (1)

Allow for the Napakiak Airport to be

outside of the Bethel Class E (surface

area extension) airspace and would

reduce the required controlled airspace

for aircraft flying Instrument Flight

Rules (IFR) operations at Bethel, AK;

and (2) fix an administrative oversight

by adding the Hanger Lake exclusion

area to the Class E airspace description

at Bethel, AK.

DATES: Comments must be received on

or before April 6, 2001.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Operations Branch, AAL–530, Docket

No. 00–AAL–20, Federal Aviation

Administration, 222 West 7th Avenue,

Box 14, Anchorage, AK 99513–7587.

The official docket may be examined

in the Office of the Regional Counsel for

the Alaskan Region at the same address.

An informal docket may also be

examined during normal business hours

in the Office of the Manager, Operations

Branch, Air Traffic Division, at the

address shown above and on the

Internet at Alaskan Region’s homepage

at http://www.alaska.faa.gov/at or at

address http://162.58.28.41/at.

FOR FURTHER INFORMATION CONTACT:

Robert Durand, Operations Branch,

10862 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules

Federal Aviation Administration, 222

West 7th Avenue, Box 14, Anchorage,

AK 99513–7587; telephone number

(907) 271–5898; fax: (907) 271–2850; email: Bob.Durand@faa.gov. Internet

address: http://www.alaska.faa.gov/at or

at address http://162.58.28.41/at.

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commentors 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 Airspace Docket No. 00–

AAL–20.’’ The postcard will be date/

time stamped and returned to the

commentor. 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 notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Operations Branch,

Air Traffic Division, Federal Aviation

Administration, 222 West 7th Avenue,

Box 14, Anchorage, AK, 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 Notice of Proposed

Rulemaking’s (NPRM’s)

An electronic copy of this document

may be downloaded, using a modem

and suitable communications software,

from the FAA regulations section of the

Fedworld electronic bulletin board

service (telephone: 703–321–3339) or

the Federal Register’s electronic

bulletin board service (telephone: 202–

512–1661).

Internet users may reach the Federal

Register’s web page for access to

recently published rulemaking

documents at http://

www.access.gpo.gov/suldocs/aces/

aces140.html.

Any person may obtain a copy of this

NPRM by submitting a request to the

Operations Branch, AAL–530, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587. Communications must identify

the notice number of this NPRM.

Persons interested in being placed on a

mailing list for future NPRM’s should

contact the individual(s) identified in

the FOR FURTHER INFORMATION CONTACT

section.

Background

On November 11, 2000, the FAA

initiated Airspace Study Number 00–

AAL–077NR, Notice of Proposed

Revocation of the VOR RWY 36

Approach Procedure at Bethel, Alaska.

Comments during several meetings over

the last year with airspace users in the

Bethel area indicated that they would

like to have Napakiak Airport (WNA)

excluded from the Class E (surface area

extension) airspace at Bethel, AK. The

Bethel Airport has four approaches to

RWY 36: (1) Localizer (LOC)/Distance

Measuring Equipment (DME) Back

Course (BC) RWY 36, (2) VOR/DME

RWY 36, (3) Global Positioning System

(GPS) RWY 36, and (4) the VOR RWY

36. The Bethel VOR RWY 36 instrument

approach, with a procedure turn at

1,600 feet, allows aircraft to descend to

700 feet after the procedure turn is

completed. The FAA protects airspace

from the point an aircraft may legally

descend below 1,000 feet with Class E

(surface area) airspace. For aircraft going

to Bethel Airport, the Napakiak Airport,

located 7.1 nautical miles on a 200° true

bearing from Bethel VORTAC, is an

alternate place to land and wait for

weather to improve when the Bethel

surface area is restricted due to weather.

The FAA received favorable

comments from Craig Air Incorporated,

US Coast Guard District 17, Kusko

Aviation Incorporated, Alaska Airlines,

and the US Fish and Wildlife Service—

Bethel. With the adoption of this

proposal, the FAA intends to

simultaneously cancel the VOR RWY 36

instrument approach and shorten the

Class E airspace to the southwest of

Bethel. There would be three remaining

instrument approaches to the Bethel

RWY 36: (1) LOC/DME BC RWY 36, (2)

VOR/DME RWY 36, and (3) GPS RWY

36. This proposal would allow Visual

Flight Rules (VFR) operations to

continue at Napakiak Airport during

Special VFR operations at Bethel

Airport, AK.

Additionally, this proposal would fix

an administrative oversight by including

an exclusion area for the Hanger Lake

seaplane base operations to the Class E

(surface area) airspace description.

Changes to the Bethel airspace would

incorporate an exclusion below 1,100

feet MSL between the 061° radial and

the 081° radial from 2.9 nautical miles

northeast of the Bethel VORTAC.

The Proposal

This amendment to 14 CFR part 71

proposes to revise the Class E airspace

at Bethel, AK, in two ways: (1) reduce

the amount of controlled airspace

required southwest of the Bethel airport;

and (2) modify the Class E (surface area)

airspace description to exclude the

Hanger Lake seaplane base operations.

The intended effects of this proposal

are: (1) to reduce the controlled airspace

for IFR operations at Bethel, AK, thus

allowing for VFR operations at Napakiak

Airport during Special VFR operations

at Bethel Airport and (2) fix an

administrative oversight by adding the

Hanger Lake exclusion area to the Class

E airspace description.

The area would be depicted on

aeronautical charts for pilot reference.

The coordinates for this airspace docket

are based on North American Datum 83.

The Class E airspace areas designated as

surface areas are published in paragraph

6002 and the Class E airspace areas

designated as an extension to a Class D

or Class E surface area are published in

paragraph 6004 in FAA Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designations

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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules 10863

1Chairman Brown and Commissioner Moore

voted to grant the petition and send the ANPR

directly to the Office of the Federal Register for

publication. Commissioner Gall voted to grant the

petition and to submit the ANPR to the Office of

Management and Budget prior to sending it to the

Office of the Federal Register for publication.

Separate statements of Chairman Brown,

Commissioner Moore and Commissioner Gall

concerning their votes are available from the CPSC

Office of the Secretary.

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, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; 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 Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is to be

amended as follows:

* * * * *

Paragraph 6002 Class E airspace designated

as surface areas.

* * * * *

AAL AK E2 Bethel, AK [Revised]

Bethel Airport, AK

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.)

Bethel VORTAC

(Lat. 60°47′05′′ N., long. 161°49′27′′ W.)

Within a 4.1-mile radius of the Bethel

Airport, excluding that portion below 1,100

feet MSL between the 061° radial and the

081° radial from 2.9 miles northeast of the

Bethel VORTAC. This Class E 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 6004 Class E airspace designated

as an Extension to a Class D or Class E

surface area.

* * * * *

AAL AK E4 Bethel, AK [Revised]

Bethel Airport, AK

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.)

Bethel VORTAC

(Lat. 60°47′05′′ N., long. 161°49′27′′ W.)

That airspace extending upward from the

surface within 3 miles each side of the 022°

radial from the Bethel VORTAC, extending

from the 4.1-mile radius of the Bethel Airport

to 8.2 miles northeast of the airport,

excluding that portion below 1,100 feet MSL

between the 061° radial and the 081° radial

from 2.9 miles northeast of the Bethel

VORTAC, within 3.4 miles each side of the

Bethel VORTAC 006° radial, extending from

the 4.1-mile radius of the Bethel Airport to

11 miles north of the Bethel VORTAC and

within 3.5 miles each side of the Bethel

VORTAC 213° radial extending from the 4.1-

mile radius of the Bethel Airport to 5 miles

southwest of the airport.

* * * * *

Issued in Anchorage, AK, on February 12,

2001.

Stephen P. Creamer,

Assistant Manager, Air Traffic Division,

Alaskan Region.

[FR Doc. 01–4140 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1500

Candle Wicks Containing Lead and

Candles with Such Wicks; Advance

Notice of Proposed Rulemaking;

Request for Comments and

Information

AGENCY: Consumer Product Safety

Commission.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: In March of 2000, the

Consumer Product Safety Commission

(CPSC) collectively docketed under

Petition No. HP 00–3 petitions

submitted by several petitioners

requesting that the Commission ban

candle wicks containing lead and

candles with such wicks. A candle wick

containing lead is one with a metallic

core that contains lead. Based on

information in those petitions and

subsequent investigations by CPSC staff,

the Commission has reason to believe

that certain candles with wicks

containing lead may emit toxic levels of

lead as a result of normal use, and thus

may contribute to substantial illness.

This advance notice of proposed

rulemaking (ANPR) initiates a

rulemaking proceeding that could result

in a rule banning certain candle wicks

containing lead and candles with such

wicks.1 This proceeding is commenced

under the Federal Hazardous

Substances Act.

The Commission solicits written

comments concerning the risks of

illness associated with burning candles

with wicks containing lead, the

regulatory alternatives discussed in this

notice, other possible ways to address

these risks, and the economic impacts of

the various regulatory alternatives. The

Commission also invites interested

persons to submit an existing standard,

or a statement of intent to modify or

develop a voluntary standard, to address

the risk of illness described in this

notice.

DATE: Written comments and

submissions in response to this notice

must be received by April 23, 2001.

ADDRESSES: Comments should be

mailed, preferably in five copies, to the

Office of the Secretary, Consumer

Product Safety Commission,

Washington, DC 20207–0001, or

delivered to the Office of the Secretary,

Consumer Product Safety Commission,

Room 502, 4330 East-West Highway,

Bethesda, Maryland 20814; telephone

(301) 504–0800. Comments also may be

filed by telefacsimile to (301) 504–0127

or by e-mail to cpsc-os@cpsc.gov.

Comments should be captioned ‘‘ANPR

for Candle Wicks Containing Lead.’’

FOR FURTHER INFORMATION CONTACT: Ms.

Kristina Hatlelid, Ph.D., M.P.H.,

Directorate for Health Sciences,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0494, ext. 1389.

SUPPLEMENTARY INFORMATION:

A. Background/Product

On March 17, 2000, the CPSC

collectively docketed as a petition under

the Federal Hazardous Substances Act

(FHSA) petitions received from Public

Citizen and jointly from the National

Apartment Association and the National

Multi Housing Council, all of which

requested that the Commission ban

lead-containing candles and wicks sold

for candle-making that contain lead

(Petition No. HP 00–3). 65 FR 19742

(April 12, 2000).

A candlewick containing lead is a

wick with a metallic core that contains

lead. The metallic core may be primarily

lead or may be primarily zinc or tin

with a lesser lead content. Such metallic

cores are used to provide structural

rigidity to the wick to keep it straight

during candle production and to

provide an upright wick during burning.

Information obtained from the

petitions and subsequent Commission

staff investigations indicates that

burning candles containing metalliccored wicks with a lead content

exceeding 0.06% by weight may result

in potentially toxic levels of air

emissions of lead.

B. The Risk of Illness

The scientific community recognizes

a level of 10 micrograms of lead per

deciliter of blood (10 μg/dL) as a