80_FR_58386 80 FR 58199 - Amendment of Class E Airspace; Portland, OR

80 FR 58199 - Amendment of Class E Airspace; Portland, OR

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 187 (September 28, 2015)

Page Range58199-58201
FR Document2015-24434

This action modifies Class E surface area airspace designated as an extension to Class C airspace, and Class E airspace extending upward from 700 feet above the surface at Portland International Airport, Portland, OR. After reviewing the airspace, the FAA found the Portland VHF omnidirectional radio range/distance measuring equipment (VOR/DME) and Laker non-directional beacon (NDB) has been decommissioned, thereby necessitating airspace redesign for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also corrects the geographic coordinates of the airport.

Federal Register, Volume 80 Issue 187 (Monday, September 28, 2015)
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58199-58201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24434]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1137; Airspace Docket No. 15-ANM-4]


Amendment of Class E Airspace; Portland, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies Class E surface area airspace designated 
as an extension to Class C airspace, and Class E airspace extending 
upward from 700 feet above the surface at Portland International 
Airport, Portland, OR. After reviewing the airspace, the FAA found the 
Portland VHF omnidirectional radio range/distance measuring equipment 
(VOR/DME) and Laker non-directional beacon (NDB) has been 
decommissioned, thereby necessitating airspace redesign for the safety 
and management of Instrument Flight Rules (IFR) operations at the 
airport. This action also corrects the geographic coordinates of the 
airport.

DATES: Effective 0901 UTC, December 10, 2015. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy and ATC Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington DC 29591; 
telephone: 202-267-8783. The Order is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

[[Page 58200]]

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, 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 amends controlled airspace at Portland International Airport, 
Portland, OR.

History

    On July 20, 2015, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify Class E surface area 
airspace designated as an extension to the Class C airspace, and Class 
E airspace extending upward from 700 feet above the surface at Portland 
International Airport, Portland, OR, (80 FR 42760). Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal to the FAA. No comments were received. 
Subsequent to publication, the FAA found minor latitudinal and 
longitudinal adjustments were required to ensure sectional chart 
accuracy. The 2.7 mile references are changed to 3 miles to compensate 
for calculation differences between nautical and statute miles. These 
errors have been corrected in this document.
    Class E airspace designations are published in paragraph 6003 and 
6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015, and 
effective September 15, 2015, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this final rule. FAA Order 7400.9Z lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies Class E airspace designated as an extension to Class C 
airspace, and Class E airspace extending upward from 700 feet above the 
surface at Portland International Airport, Portland, OR. A review of 
the airspace revealed modification necessary due to the decommissioned 
Portland VOR/DME and Laker NDB navigation aids. Also, the geographic 
coordinates of the airport are amended to coincide with the FAA's 
aeronautical database.
    Class E airspace designated as an extension to Class C airspace is 
modified to an area 4.7 miles west and 4 miles east of the 044[deg] 
bearing from Portland International Airport extending to 18 miles 
northeast of the airport. The lateral boundary for Class E airspace 
extending upward from 700 feet above the surface is defined utilizing 
latitudinal and longitudinal reference points instead of navigation 
aids. This does not change the lateral boundaries or operating 
requirements of the airspace.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists 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--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, and 
effective September 15, 2015, is amended as follows:

Paragraph 6003 Class E Airspace Areas Designated as an Extension

* * * * *

ANM OR E3 Portland, OR [Modified]

Portland International Airport, OR
    (Lat. 45[deg]35'19'' N., long. 122[deg]35'49'' W.)

    That airspace extending upward from the surface bounded by a 
line beginning at lat. 45[deg]40'12'' N., long. 122[deg]37'24'' W.; 
to lat. 45[deg]41'14'' N., long. 122[deg]37'21'' W.; to lat. 
45[deg]51'45'' N., long. 122[deg]22'16'' W.; to lat. 45[deg]45'40'' 
N., long. 122[deg]13'32'' W.; to lat. 45[deg]35'13'' N., long. 
122[deg]28'42'' W.; thence counter-clockwise along the 5-mile radius 
of Portland International Airport to the point of beginning.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

ANM OR E5 Portland, OR [Modified]

Portland International Airport, OR
    (Lat. 45[deg]35'19'' N., long. 22[deg]35'49'' W.)
McMinnville, McMinnville Municipal Airport, OR
    (Lat. 45[deg]11'40'' N., long. 123[deg]08'10'' W.)

    That airspace extending upward from 700 feet above the surface 
bounded by a line beginning at lat. 45[deg]59'59'' N., long. 
123[deg]30'04'' W.; to lat. 46[deg]00'00'' N., long. 122[deg]13'00'' 
W.; thence via an 8.5-mile radius centered at lat. 45[deg]55'07'' 
N., long. 122[deg]03'02'' W. clockwise to lat. 45[deg]46'39'' N., 
long. 122[deg]04'00'' W.; thence via a line south to lat. 
45[deg]09'59'' N., long. 122[deg]04'00'' W.; thence to lat. 
45[deg]09'59'' N., long. 123[deg]02'34'' W.; to lat. 45[deg]09'59'' 
N., long. 123[deg]30'04'' W.; thence to the point of beginning; and 
within a 4.3-mile radius of McMinnville Municipal Airport; and 
within 2 miles each side of the 215[deg] bearing from McMinnville 
Municipal Airport to 8.1 miles south of the airport; and that

[[Page 58201]]

airspace extending upward from 1,200 feet above the surface bounded 
by a line beginning at lat. 46[deg]30'29'' N., long. 124[deg]06'51'' 
W.; to lat. 46[deg]30'29'' N., long. 120[deg]29'40'' W.; to lat. 
45[deg]42'49'' N., long. 121[deg]06'03'' W.; to lat. 44[deg]15'10'' 
N., long. 121[deg]18'13'' W.; to lat. 44[deg]29'59'' N., long. 
123[deg]17'38'' W.; to lat. 44[deg]29'59'' N., long. 
124[deg]08'036'' W. to a point 3 miles offshore; thence along a line 
3 miles offshore to the point of beginning.

    Issued in Seattle, Washington, on September 21, 2015.
Christopher Ramirez,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-24434 Filed 9-25-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations                                                                                        58199

                                                                                                                                                                                                                                         ADAMS Accession
                                                                                                                                 Document                                                                                                     No.

                                            Proposed CoC No. 1032, Amendment No. 0, Revision 1 ..........................................................................................................                                ML15124A631
                                            Appendix A of Proposed TSs ......................................................................................................................................................            ML15124A636
                                            Appendix B of Proposed TS .......................................................................................................................................................            ML15124A642
                                            Preliminary SER ..........................................................................................................................................................................   ML15124A644
                                            September 16, 2014, application ................................................................................................................................................             ML14262A070
                                            March 12, 2015, supplement to application ................................................................................................................................                   ML15071A472



                                               The NRC may post materials related                                     10165(g), 10168, 10198(a)); 44 U.S.C. 3504                                 SUMMARY:   This action modifies Class E
                                            to this document, including public                                        note.                                                                      surface area airspace designated as an
                                            comments, on the Federal rulemaking                                       ■ 2. In § 72.214, Certificate of                                           extension to Class C airspace, and Class
                                            Web site at http://www.regulations.gov                                    Compliance No. 1032 is revised to read                                     E airspace extending upward from 700
                                            under Docket ID NRC–2015–0134. The                                        as follows:                                                                feet above the surface at Portland
                                            Federal rulemaking Web site allows you                                                                                                               International Airport, Portland, OR.
                                            to receive alerts when changes or                                         § 72.214 List of approved spent fuel                                       After reviewing the airspace, the FAA
                                            additions occur in a docket folder. To                                    storage casks.                                                             found the Portland VHF
                                            subscribe: (1) Navigate to the docket                                     *     *     *     *     *                                                  omnidirectional radio range/distance
                                            folder (NRC–2015–0134); (2) click the                                       Certificate Number: 1032.                                                measuring equipment (VOR/DME) and
                                            ‘‘Sign up for Email Alerts’’ link; and (3)                                  Initial Certificate Effective Date: June                                 Laker non-directional beacon (NDB) has
                                            enter your email address and select how                                   13, 2011, superseded by Amendment                                          been decommissioned, thereby
                                            frequently you would like to receive                                      Number 0, Revision 1, on April 25,                                         necessitating airspace redesign for the
                                            emails (daily, weekly, or monthly).                                       2016.                                                                      safety and management of Instrument
                                                                                                                        Amendment Number 0, Revision 1,                                          Flight Rules (IFR) operations at the
                                            List of Subjects in 10 CFR Part 72                                        Effective Date: April 25, 2016.                                            airport. This action also corrects the
                                               Administrative practice and                                              Amendment Number 1 Effective Date:                                       geographic coordinates of the airport.
                                            procedure, Criminal penalties,                                            December 17, 2014, superseded by
                                            Hazardous waste, Indians,                                                 Amendment Number 1, Revision 1, on                                         DATES: Effective 0901 UTC, December
                                            Intergovernmental relations, Manpower                                     June 2, 2015.                                                              10, 2015. The Director of the Federal
                                            training programs, Nuclear energy,                                          Amendment Number 1, Revision 1,                                          Register approves this incorporation by
                                            Nuclear materials, Occupational safety                                    Effective Date: June 2, 2015.                                              reference action under title 1, Code of
                                            and health, Penalties, Radiation                                            SAR Submitted by: Holtec                                                 Federal Regulations, part 51, subject to
                                            protection, Reporting and recordkeeping                                   International, Inc.                                                        the annual revision of FAA Order
                                            requirements, Security measures, Spent                                      SAR Title: Final Safety Analysis                                         7400.9 and publication of conforming
                                            fuel, Whistleblowing.                                                     Report for the Holtec International HI–                                    amendments.
                                               For the reasons set out in the                                         STORM FW System.                                                           ADDRESSES:   FAA Order 7400.9Z,
                                            preamble and under the authority of the                                     Docket Number: 72–1032.                                                  Airspace Designations and Reporting
                                            Atomic Energy Act of 1954, as amended;                                      Certificate Expiration Date: June 12,                                    Points, and subsequent amendments can
                                            the Energy Reorganization Act of 1974,                                    2031.                                                                      be viewed online at http://www.faa.gov/
                                            as amended; the Nuclear Waste Policy                                        Model Number: HI–STORM FW                                                air_traffic/publications/. For further
                                            Act of 1982, as amended; and 5 U.S.C.                                     MPC–37, MPC–89.                                                            information, you can contact the
                                            552 and 553; the NRC is adopting the                                      *     *     *     *     *                                                  Airspace Policy and ATC Regulations
                                            following amendments to 10 CFR part                                         Dated at Rockville, Maryland, this 18th day                              Group, Federal Aviation
                                            72.                                                                       of September, 2015.                                                        Administration, 800 Independence
                                                                                                                        For the Nuclear Regulatory Commission.                                   Avenue SW., Washington DC 29591;
                                            PART 72—LICENSING
                                                                                                                      Michael F. Weber,                                                          telephone: 202–267–8783. The Order is
                                            REQUIREMENTS FOR THE
                                                                                                                      Acting, Executive Director for Operations.                                 also available for inspection at the
                                            INDEPENDENT STORAGE OF SPENT
                                                                                                                                                                                                 National Archives and Records
                                            NUCLEAR FUEL, HIGH-LEVEL                                                  [FR Doc. 2015–24615 Filed 9–25–15; 8:45 am]
                                                                                                                                                                                                 Administration (NARA). For
                                            RADIOACTIVE WASTE, AND                                                    BILLING CODE 7590–01–P
                                                                                                                                                                                                 information on the availability of this
                                            REACTOR-RELATED GREATER THAN
                                                                                                                                                                                                 material at NARA, call 202–741–6030,
                                            CLASS C WASTE
                                                                                                                                                                                                 or go to http://www.archives.gov/
                                            ■ 1. The authority citation for part 72                                   DEPARTMENT OF TRANSPORTATION                                               federal_register/code_of_federal-
                                            continues to read as follows:                                                                                                                        regulations/ibr_locations.html.
                                                                                                                      Federal Aviation Administration
                                              Authority: Atomic Energy Act of 1954,                                                                                                                 FAA Order 7400.9, Airspace
                                            secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,                           14 CFR Part 71                                                             Designations and Reporting Points, is
                                            183, 184, 186, 187, 189, 223, 234, 274 (42                                                                                                           published yearly and effective on
                                            U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,                                [Docket No. FAA–2015–1137; Airspace                                        September 15.
                                            2099, 2111, 2201, 2210e, 2232, 2233, 2234,                                Docket No. 15–ANM–4]
                                            2236, 2237, 2238, 2273, 2282, 2021); Energy                                                                                                          FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with RULES




                                            Reorganization Act of 1974, secs. 201, 202,                               Amendment of Class E Airspace;                                             Steve Haga, Federal Aviation
                                            206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);                              Portland, OR                                                               Administration, Operations Support
                                            National Environmental Policy Act of 1969                                                                                                            Group, Western Service Center, 1601
                                            (42 U.S.C. 4332); Nuclear Waste Policy Act                                AGENCY:  Federal Aviation                                                  Lind Avenue SW., Renton, WA 98057;
                                            of 1982, secs. 117(a), 132, 133, 134, 135, 137,                           Administration (FAA), DOT.                                                 telephone (425) 203–4563.
                                            141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),                             ACTION: Final rule.
                                            10152, 10153, 10154, 10155, 10157, 10161,                                                                                                            SUPPLEMENTARY INFORMATION:



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                                            58200            Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations

                                            Authority for This Rulemaking                           The Rule                                              Lists of Subjects in 14 CFR Part 71
                                              The FAA’s authority to issue rules                      This amendment to Title 14, Code of                   Airspace, Incorporation by reference,
                                            regarding aviation safety is found in                   Federal Regulations (14 CFR) part 71                  Navigation (air).
                                            Title 49 of the United States Code.                     modifies Class E airspace designated as               Adoption of the Amendment
                                            Subtitle I, Section 106 describes the                   an extension to Class C airspace, and
                                                                                                    Class E airspace extending upward from                  In consideration of the foregoing, the
                                            authority of the FAA Administrator.
                                                                                                    700 feet above the surface at Portland                Federal Aviation Administration
                                            Subtitle VII, Aviation Programs,
                                                                                                    International Airport, Portland, OR. A                amends 14 CFR part 71 as follows:
                                            describes in more detail the scope of the
                                            agency’s authority. This rulemaking is                  review of the airspace revealed
                                                                                                    modification necessary due to the                     PART 71—DESIGNATION OF CLASS A,
                                            promulgated under the authority                                                                               B, C, D, AND E AIRSPACE AREAS; AIR
                                            described in Subtitle VII, Part A,                      decommissioned Portland VOR/DME
                                                                                                    and Laker NDB navigation aids. Also,                  TRAFFIC SERVICE ROUTES; AND
                                            Subpart I, Section 40103. Under that                                                                          REPORTING POINTS
                                            section, the FAA is charged with                        the geographic coordinates of the airport
                                            prescribing regulations to assign the use               are amended to coincide with the FAA’s                ■ 1. The authority citation for Part 71
                                            of airspace necessary to ensure the                     aeronautical database.                                continues to read as follows:
                                            safety of aircraft and the efficient use of               Class E airspace designated as an
                                                                                                    extension to Class C airspace is                        Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                            airspace. This regulation is within the                                                                       40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                            scope of that authority as it amends                    modified to an area 4.7 miles west and
                                                                                                                                                          1959–1963 Comp., p. 389.
                                            controlled airspace at Portland                         4 miles east of the 044° bearing from
                                            International Airport, Portland, OR.                    Portland International Airport extending              § 71.1       [Amended]
                                                                                                    to 18 miles northeast of the airport. The             ■ 2. The incorporation by reference in
                                            History                                                 lateral boundary for Class E airspace                 14 CFR 71.1 of FAA Order 7400.9Z,
                                               On July 20, 2015, the FAA published                  extending upward from 700 feet above                  Airspace Designations and Reporting
                                            in the Federal Register a notice of                     the surface is defined utilizing                      Points, dated August 6, 2015, and
                                            proposed rulemaking (NPRM) to modify                    latitudinal and longitudinal reference                effective September 15, 2015, is
                                            Class E surface area airspace designated                points instead of navigation aids. This               amended as follows:
                                            as an extension to the Class C airspace,                does not change the lateral boundaries
                                                                                                    or operating requirements of the                      Paragraph 6003 Class E Airspace Areas
                                            and Class E airspace extending upward                                                                         Designated as an Extension
                                            from 700 feet above the surface at                      airspace.
                                                                                                                                                          *        *      *    *   *
                                            Portland International Airport, Portland,               Regulatory Notices and Analyses
                                            OR, (80 FR 42760). Interested parties                                                                         ANM OR E3 Portland, OR [Modified]
                                                                                                       The FAA has determined that this
                                            were invited to participate in this                                                                           Portland International Airport, OR
                                                                                                    regulation only involves an established
                                            rulemaking effort by submitting written                                                                         (Lat. 45°35′19″ N., long. 122°35′49″ W.)
                                                                                                    body of technical regulations for which
                                            comments on the proposal to the FAA.                                                                            That airspace extending upward from the
                                                                                                    frequent and routine amendments are
                                            No comments were received.                                                                                    surface bounded by a line beginning at lat.
                                                                                                    necessary to keep them operationally                  45°40′12″ N., long. 122°37′24″ W.; to lat.
                                            Subsequent to publication, the FAA
                                                                                                    current, is non-controversial and                     45°41′14″ N., long. 122°37′21″ W.; to lat.
                                            found minor latitudinal and
                                                                                                    unlikely to result in adverse or negative             45°51′45″ N., long. 122°22′16″ W.; to lat.
                                            longitudinal adjustments were required
                                                                                                    comments. It, therefore, (1) is not a                 45°45′40″ N., long. 122°13′32″ W.; to lat.
                                            to ensure sectional chart accuracy. The
                                                                                                    ‘‘significant regulatory action’’ under               45°35′13″ N., long. 122°28′42″ W.; thence
                                            2.7 mile references are changed to 3                                                                          counter-clockwise along the 5-mile radius of
                                                                                                    Executive Order 12866; (2) is not a
                                            miles to compensate for calculation                                                                           Portland International Airport to the point of
                                                                                                    ‘‘significant rule’’ under DOT
                                            differences between nautical and statute                                                                      beginning.
                                                                                                    Regulatory Policies and Procedures (44
                                            miles. These errors have been corrected
                                                                                                    FR 11034; February 26, 1979); and (3)                 Paragraph 6005 Class E Airspace Areas
                                            in this document.
                                                                                                    does not warrant preparation of a                     Extending Upward From 700 Feet or More
                                               Class E airspace designations are                    Regulatory Evaluation as the anticipated              Above the Surface of the Earth
                                            published in paragraph 6003 and 6005,                   impact is so minimal. Since this is a                 *        *      *    *   *
                                            respectively, of FAA Order 7400.9Z,                     routine matter that only affects air traffic
                                            dated August 6, 2015, and effective                                                                           ANM OR E5 Portland, OR [Modified]
                                                                                                    procedures and air navigation, it is
                                            September 15, 2015, which is                            certified that this rule, when                        Portland International Airport, OR
                                            incorporated by reference in 14 CFR                     promulgated, does not have a significant                 (Lat. 45°35′19″ N., long. 22°35′49″ W.)
                                            71.1. The Class E airspace designation                                                                        McMinnville, McMinnville Municipal
                                                                                                    economic impact on a substantial                            Airport, OR
                                            listed in this document will be                         number of small entities under the                       (Lat. 45°11′40″ N., long. 123°08′10″ W.)
                                            published subsequently in the Order.                    criteria of the Regulatory Flexibility Act.              That airspace extending upward from 700
                                            Availability and Summary of                             Environmental Review                                  feet above the surface bounded by a line
                                            Documents for Incorporation by                                                                                beginning at lat. 45°59′59″ N., long.
                                            Reference                                                 The FAA has determined that this                    123°30′04″ W.; to lat. 46°00′00″ N., long.
                                                                                                    action qualifies for categorical exclusion            122°13′00″ W.; thence via an 8.5-mile radius
                                               This document amends FAA Order                       under the National Environmental                      centered at lat. 45°55′07″ N., long. 122°03′02″
                                            7400.9Z, airspace Designations and                      Policy Act in accordance with FAA                     W. clockwise to lat. 45°46′39″ N., long.
                                            Reporting Points, dated August 6, 2015,                 Order 1050.1E, ‘‘Environmental                        122°04′00″ W.; thence via a line south to lat.
                                            and effective September 15, 2015. FAA                   Impacts: Policies and Procedures,’’                   45°09′59″ N., long. 122°04′00″ W.; thence to
tkelley on DSK3SPTVN1PROD with RULES




                                            Order 7400.9Z is publicly available as                  paragraph 311a. This airspace action is               lat. 45°09′59″ N., long. 123°02′34″ W.; to lat.
                                                                                                                                                          45°09′59″ N., long. 123°30′04″ W.; thence to
                                            listed in the ADDRESSES section of this                 not expected to cause any potentially                 the point of beginning; and within a 4.3-mile
                                            final rule. FAA Order 7400.9Z lists                     significant environmental impacts, and                radius of McMinnville Municipal Airport;
                                            Class A, B, C, D, and E airspace areas,                 no extraordinary circumstances exist                  and within 2 miles each side of the 215°
                                            air traffic service routes, and reporting               that warrant preparation of an                        bearing from McMinnville Municipal Airport
                                            points.                                                 environmental assessment.                             to 8.1 miles south of the airport; and that



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                                                             Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations                                                 58201

                                            airspace extending upward from 1,200 feet               noncommercial educational webcasters                   for services electing the proxy fee in lieu
                                            above the surface bounded by a line                     (NEWs) over the internet, and related                  of the census reporting option provided
                                            beginning at lat. 46°30′29″ N., long.                   ephemeral recordings. The Judges                       in 37 CFR 380.23(g)(1). See Proposed
                                            124°06′51″ W.; to lat. 46°30′29″ N., long.              published the proposed settlement and                  Rule 37 CFR 380.22(g)(1).3 A NEW
                                            120°29′40″ W.; to lat. 45°42′49″ N., long.
                                            121°06′03″ W.; to lat. 44°15′10″ N., long.
                                                                                                    requested comments from the public.2                   electing the reporting waiver in 37 CFR
                                            121°18′13″ W.; to lat. 44°29′59″ N., long.              For the reasons discussed below, the                   380.23(g)(1) must pay a $100 annual
                                            123°17′38″ W.; to lat. 44°29′59″ N., long.              Judges hereby adopt the proposed                       proxy fee to the Collective. Proposed
                                            124°08′036″ W. to a point 3 miles offshore;             settlement, with the exception of a                    Rule 37 CFR 380.22(a).
                                            thence along a line 3 miles offshore to the             single provision that would identify
                                            point of beginning.                                     SoundExchange as the designated                        Comment Summary
                                              Issued in Seattle, Washington, on                     Collective for the upcoming license                       The Judges received nearly 60
                                            September 21, 2015.                                     period. The Judges defer designation of                comments—some supporting and some
                                            Christopher Ramirez,                                    the Collective for the upcoming                        opposing adoption of the Settlement—in
                                                                                                    licensing period until the conclusion of               response to their request for comments
                                            Manager, Operations Support Group, Western
                                            Service Center.                                         the proceeding.                                        published in the Federal Register. Many
                                                                                                                                                           of the comments appeared to be form
                                            [FR Doc. 2015–24434 Filed 9–25–15; 8:45 am]             Background
                                                                                                                                                           letters; hence, the number of
                                            BILLING CODE 4910–13–P                                     The proposed SoundExchange/CBI                      commenters exceeded the number of
                                                                                                    settlement (Settlement) generally                      substantive comments. Some of the
                                                                                                    continues in effect, with certain                      comments came from affiliated entities.
                                            LIBRARY OF CONGRESS                                     adjustments, the extant rates for eligible             The Judges considered the views of all
                                                                                                    NEWs that were codified in 37 CFR part                 commenters in reaching their decision
                                            Copyright Royalty Board                                 380 Subpart C. The Judges adopted                      and all comments are posted to the
                                                                                                    those rates and terms pursuant to                      CRB’s Web site. The Judges discuss
                                            37 CFR Part 380                                         Section 801(b)(7)(A) of the Act as part                illustrative examples here.
                                            [Docket No. 2014–CRB–0001–WR (2016–                     of the prior webcasting determination.
                                            2020) (Web IV)]                                         See Digital Performance Right in Sound                 Comments Supporting Adoption of the
                                                                                                    Recordings and Ephemeral Recordings,                   Settlement
                                            Digital Performance Right in Sound                      76 FR 13026 (Web-III).                                   In its comment supporting adoption
                                            Recordings and Ephemeral                                   Under the proposed Settlement, an                   of the joint proposal, CBI noted that the
                                            Recordings                                              eligible NEW would pay a $500 annual                   Settlement contains
                                                                                                    fee for each of the individual channels,
                                            AGENCY:  Copyright Royalty Board,                                                                              the same terms that NEWs have been
                                                                                                    side channels, or stations through which               successfully using for several years to comply
                                            Library of Congress.                                    it makes Eligible Transmissions.                       with the statutory license for webcasting
                                            ACTION: Final rule.                                     Proposed Rule 37 CFR 380.22(a). The                    copyright works. Keeping these rates and
                                                                                                    $500 fee would also serve as the                       terms in place will prevent disruption of
                                            SUMMARY:    The Copyright Royalty Judges                minimum fee for eligible NEWs. All                     their operation and ensure the
                                            publish final regulations that set the                  other NEWs would pay the royalties                     noncommercial educational webcasters
                                            rates and terms for the digital                         established under Part 380 Subpart A                   [remain able to provide] creators of musical
                                            performances of sound recordings by                     applicable to noncommercial                            recordings access to the noncommercial
                                            certain noncommercial educational                       webcasters. Proposed Rule 37 CFR                       educational listener market.
                                            webcasters and for the making of                        380.22(c).                                             Comment by College Broadcasters, Inc.
                                            ephemeral recordings necessary to                          To qualify for the rates under the                  in Support of Adopting The Joint
                                            facilitate those transmissions for the                  Settlement, a NEW’s total monthly per                  Settlement Between College
                                            period commencing January 1, 2016,                      channel or per station transmissions                   Broadcasters, Inc. and SoundExchange
                                            and ending on December 31, 2020.                        must remain below 159,140 aggregate                    at 1 (Nov. 26, 2014) (CBI Comment).
                                            DATES: Effective: January 1, 2016.                      tuning hours (ATH). If a NEW’s                            CBI further noted that
                                            FOR FURTHER INFORMATION CONTACT:                        transmissions exceed that threshold, the                 [T]he current Settlement continues
                                            LaKeshia Keys, Program Specialist, at                   NEW must pay royalties for the relevant                essentially the same recordkeeping terms that
                                            (202) 707–7658, or at crb@loc.gov.                      month, and for the remainder of the                    have been integral for NEWs to be able to
                                            SUPPLEMENTARY INFORMATION: The                          relevant year, in accordance with the                  comply with the statutory license. In
                                            Copyright Royalty Judges (Judges)                       otherwise applicable noncommercial                     particular, these recordkeeping terms include
                                            received a joint motion from                            rates to be determined in this                         an optional proxy fee, which allows NEWs to
                                                                                                    proceeding. In subsequent years, a NEW                 pay an additional $100 in lieu of complying
                                            SoundExchange, Inc. (SoundExchange),                                                                           with ordinarily-applicable recordkeeping
                                            and College Broadcasters, Inc. (CBI) in                 that wishes to pay the rates under the
                                                                                                    Settlement must take affirmative steps                 rules, which are frequently impossible for
                                            which they announced a partial                                                                                 NEWs to comply with due to their more
                                            settlement of the above proceeding for                  not to exceed the 159,140 ATH                          limited budgets, older broadcasting
                                            certain internet transmissions by college               threshold. Proposed Rule 37 CFR                        technology, and other operational
                                            radio stations and other noncommercial                  380.22(b).                                             limitations. [T]he new Settlement makes this
                                            webcasters.1 SoundExchange and CBI                         Commercial webcasters are required                  extremely necessary reporting option
                                            requested that the Judges adopt their                   to make detailed, census reports of all                available for more stations than the previous
                                            agreement as a partial settlement of rates              sound recordings they transmit. NEWs                   one did. It also continues to provide
                                                                                                    with limited listenership may pay the                  recordkeeping relief for those stations whose
tkelley on DSK3SPTVN1PROD with RULES




                                            and terms under Section 112(e) and 114                                                                         audience size makes them ineligible for this
                                            of the Copyright Act (Act) for eligible                 Collective a proxy fee to avoid the
                                            nonsubscription transmissions by                        burden of census reporting. The
                                                                                                                                                             3 The Settlement also ‘‘makes a handful of further
                                                                                                    Settlement increases the listenership
                                                                                                                                                           minor changes to the current rates and terms for
                                              1 Joint Motion to Adopt Partial Settlement, Docket    cap (from 55,000 ATH to 80,000 ATH)                    NEWs.’’ [SoundExchange’s] Comments Concerning
                                            No. 2014–CRB–0001–WR (2016–2020) (Oct. 7,                                                                      Proposed Settlement at n.1 (Nov. 26, 2014)
                                            2014) (Joint Motion).                                     2 See   79 FR 65609 (Nov. 5, 2014).                  (SoundExchange Comments).



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Document Created: 2018-02-26 10:22:06
Document Modified: 2018-02-26 10:22:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, December 10, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.
ContactSteve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.
FR Citation80 FR 58199 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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