81 FR 58417 - Proposed Amendment of Class E Airspace for the Following Texas Towns; Levelland, TX; Vernon, TX; and Winters, TX
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 165 (August 25, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58417-58419 | |
| FR Document | 2016-20152 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Proposed Rules] [Pages 58417-58419] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20152] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-8828; Airspace Docket No. 16-ASW-13] Proposed Amendment of Class E Airspace for the Following Texas Towns; Levelland, TX; Vernon, TX; and Winters, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Levelland Municipal Airport, Levelland, TX; Wilbarger County Airport, Vernon, TX; and Winters Municipal Airport, Winters, TX. Decommissioning of non-directional radio beacon (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at these airports. Additionally, the geographic coordinates at Levelland Municipal Airport and Wilbarger County Airport would be adjusted to coincide with the FAA's aeronautical database. DATES: Comments must be received on or before October 11, 2016. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No. FAA-2016-8828; Airspace Docket No. 16-ASW-13, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. 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 Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; 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 FAA Order 7400.9Z 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: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711. SUPPLEMENTARY INFORMATION: 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 [[Page 58418]] 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 amend Class E airspace extending upward from 700 feet above the surface at Levelland Municipal Airport, Levelland, TX; Wilbarger County Airport, Vernon, TX; and Winters Municipal Airport, Winters, TX. 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 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-2016-8828/ Airspace Docket No. 16-ASW-13.'' 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.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177. Availability and Summary of Documents Proposed for Incorporation by Reference This document proposes to amend 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 document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface: Within a 6.6-mile radius (decreased from a 6.7-mile radius) of Levelland Municipal Airport, Levelland, TX, and updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database; Within a 6.6-mile radius (decreased from a 7-mile radius) of Wilbarger County Airport, Vernon, TX, and updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database; And within a 6.6-mile radius (increased from a 6.3-mile radius) of Winters Municipal Airport, Winters, TX, with an extension to the north of the airport from the 6.6-mile radius to 9.3 miles, and with a new extension to the south of the airport from the 6.6-mile radius to 9.6 miles. Airspace reconfiguration is necessary due to the decommissioning of NDBs, cancellation of NDB approaches, and implementation of RNAV procedures at these airports. Controlled airspace is necessary for the safety and management of the standard instrument approach procedures for IFR operations at the airports. Class E airspace designations are published in paragraph 6005 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 designations listed in this document will be published subsequently in the Order. 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 will only affect air traffic procedures and air navigation, it is certified that this 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. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies and Procedures'' prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 0 1. The authority citation for 14 CFR 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 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASW TX E5 Levelland, TX [Amended] Levelland Municipal, TX (Lat. 33[deg]33'09'' N., long. 102[deg]22'21'' W.) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Levelland Municipal Airport. * * * * * ASW TX E5 Vernon, TX [Amended] Wilbarger County Airport, TX (Lat. 34[deg]13'32'' N., long. 99[deg]17'02'' W.) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Wilbarger County Airport. * * * * * ASW TX E5 Winters, TX [Amended] Winters Municipal Airport, TX (Lat. 31[deg]56'50'' N., long. 99[deg]59'09'' W.) [[Page 58419]] That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Winters Municipal Airport, and 1 mile each side of the 352[deg] bearing from the airport extending from the 6.6-mile radius to 9.3 miles north of the airport, and within 2 miles each side of the 180[deg] bearing from the airport from the 6.6-mile radius to 9.6 miles south of the airport. Issued in Fort Worth, Texas, on August 17, 2016. Christopher L. Southerland, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2016-20152 Filed 8-24-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules 58417
feet above the surface at Silver Springs Authority: 49 U.S.C. 106(f), 106(g), 40103, Airport and Wilbarger County Airport
Airport, Silver Springs, NV, to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, would be adjusted to coincide with the
accommodate new standard instrument 1959–1963 Comp., p. 389. FAA’s aeronautical database.
approach procedures for IFR operations § 71.1 [Amended] DATES: Comments must be received on
at the airport. The Class E airspace area ■ 2. The incorporation by reference in or before October 11, 2016.
would be established to within a 2-mile 14 CFR 71.1 of FAA Order 7400.9Z, ADDRESSES: Send comments on this
radius of Silver Springs Airport, with Airspace Designations and Reporting proposal to the U.S. Department of
segments extending from the 2-mile Points, dated August 6, 2015, and Transportation, Docket Operations,
radius to 9 miles northeast, and 7.5 effective September 15, 2015, is West Building Ground Floor, Room
miles northeast of the airport. amended as follows: W12–140, 1200 New Jersey Avenue SE.,
Class E airspace designations are Washington, DC 20590; telephone (202)
published in paragraph 6005 of FAA Paragraph 6005 Class E Airspace Areas 366–9826, or 1–800–647–5527. You
Order 7400.9Z, dated August 6, 2015, Extending Upward from 700 feet or More must identify FAA Docket No. FAA–
and effective September 15, 2015, which Above the Surface of the Earth 2016–8828; Airspace Docket No. 16–
is incorporated by reference in 14 CFR * * * * * ASW–13, at the beginning of your
71.1. The Class E airspace designations
AWP NV E5 Silver Springs, NV [New] comments. You may also submit
listed in this document will be
Silver Springs, NV
comments through the Internet at http://
published subsequently in the Order.
(Lat. 39°24′11″ N., long. 119°15′4″ W.) www.regulations.gov. You may review
Regulatory Notices and Analyses That airspace extending upward from 700 the public docket containing the
The FAA has determined that this feet above the surface within a 2-mile radius proposal, any comments received, and
regulation only involves an established of Silver Springs Airport, and that airspace any final disposition in person in the
body of technical regulations for which 2 miles either side of the 69° bearing from the Dockets Office between 9:00 a.m. and
frequent and routine amendments are 2-mile radius to 9 miles northeast of the 5:00 p.m., Monday through Friday,
airport, and that airspace 1.5 miles either except Federal holidays.
necessary to keep them operationally side of the 60° bearing from the 2-mile radius
current, is non-controversial and FAA Order 7400.9Z, Airspace
to 7.5 miles northeast of the airport. Designations and Reporting Points, and
unlikely to result in adverse or negative
Issued in Seattle, Washington, on August subsequent amendments can be viewed
comments. It, therefore: (1) Is not a
11, 2016. online at http://www.faa.gov/air_traffic/
‘‘significant regulatory action’’ under
Tracey Johnson, publications/. For further information,
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT Manager, Operations Support Group, Western you can contact the Airspace Policy
Service Center. Group, Federal Aviation
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) [FR Doc. 2016–20117 Filed 8–24–16; 8:45 am] Administration, 800 Independence
does not warrant preparation of a BILLING CODE 4910–13–P Avenue SW., Washington, DC 20591;
regulatory evaluation as the anticipated telephone: 202–267–8783. The Order is
impact is so minimal. Since this is a also available for inspection at the
routine matter that will only affect air DEPARTMENT OF TRANSPORTATION National Archives and Records
traffic procedures and air navigation, it Administration (NARA). For
Federal Aviation Administration information on the availability of FAA
is certified that this rule, when
promulgated, would not have a Order 7400.9Z at NARA, call 202–741–
14 CFR Part 71 6030, or go to http://www.archives.gov/
significant economic impact on a
substantial number of small entities [Docket No. FAA–2016–8828; Airspace federal_register/code_of_federal-
under the criteria of the Regulatory Docket No. 16–ASW–13] regulations/ibr_locations.html.
Flexibility Act. FAA Order 7400.9, Airspace
Proposed Amendment of Class E Designations and Reporting Points, is
Environmental Review Airspace for the Following Texas published yearly and effective on
This proposal will be subject to an Towns; Levelland, TX; Vernon, TX; and September 15.
environmental analysis in accordance Winters, TX FOR FURTHER INFORMATION CONTACT:
with FAA Order 1050.1F, AGENCY: Federal Aviation Jeffrey Claypool, Federal Aviation
‘‘Environmental Impacts: Policies and Administration (FAA), DOT. Administration, Operations Support
Procedures’’ prior to any FAA final Group, Central Service Center, 10101
ACTION: Notice of proposed rulemaking
regulatory action. Hillwood Parkway, Fort Worth, TX
(NPRM).
List of Subjects in 14 CFR Part 71 76177; telephone (817) 222–5711.
SUMMARY: This action proposes to SUPPLEMENTARY INFORMATION:
Airspace, Incorporation by reference, modify Class E airspace extending
Navigation (air). upward from 700 feet above the surface Authority for This Rulemaking
The Proposed Amendment at Levelland Municipal Airport, The FAA’s authority to issue rules
Levelland, TX; Wilbarger County regarding aviation safety is found in
Accordingly, pursuant to the
Airport, Vernon, TX; and Winters Title 49 of the United States Code.
authority delegated to me, the Federal
Municipal Airport, Winters, TX. Subtitle I, Section 106 describes the
Aviation Administration proposes to
Decommissioning of non-directional authority of the FAA Administrator.
amend 14 CFR part 71 as follows:
radio beacon (NDB), cancellation of Subtitle VII, Aviation Programs,
Lhorne on DSK30JT082PROD with PROPOSALS
PART 71—DESIGNATION OF CLASS A, NDB approaches, and implementation describes in more detail the scope of the
B, C, D, AND E AIRSPACE AREAS; AIR of area navigation (RNAV) procedures agency’s authority. This rulemaking is
TRAFFIC SERVICE ROUTES; AND have made this action necessary for the promulgated under the authority
REPORTING POINTS safety and management of Instrument described in Subtitle VII, Part A,
Flight Rules (IFR) operations at these Subpart I, Section 40103. Under that
■ 1. The authority citation for 14 CFR airports. Additionally, the geographic section, the FAA is charged with
Part 71 continues to read as follows: coordinates at Levelland Municipal prescribing regulations to assign the use
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![58418 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
of airspace necessary to ensure the dated August 6, 2015, and effective routine matter that will only affect air
safety of aircraft and the efficient use of September 15, 2015. FAA Order traffic procedures and air navigation, it
airspace. This regulation is within the 7400.9Z is publicly available as listed in is certified that this rule, when
scope of that authority as it would the ADDRESSES section of this document. promulgated, would not have a
amend Class E airspace extending FAA Order 7400.9Z lists Class A, B, C, significant economic impact on a
upward from 700 feet above the surface D, and E airspace areas, air traffic substantial number of small entities
at Levelland Municipal Airport, service routes, and reporting points. under the criteria of the Regulatory
Levelland, TX; Wilbarger County Flexibility Act.
Airport, Vernon, TX; and Winters The Proposal
Municipal Airport, Winters, TX. The FAA is proposing an amendment Environmental Review
to Title 14 Code of Federal Regulations This proposal will be subject to an
Comments Invited (14 CFR) Part 71 by modifying Class E environmental analysis in accordance
Interested parties are invited to airspace extending upward from 700 with FAA Order 1050.1F,
participate in this proposed rulemaking feet above the surface: ‘‘Environmental Impacts: Policies and
by submitting such written data, views, Within a 6.6-mile radius (decreased Procedures’’ prior to any FAA final
or arguments, as they may desire. from a 6.7-mile radius) of Levelland regulatory action.
Comments that provide the factual basis Municipal Airport, Levelland, TX, and
supporting the views and suggestions updating the geographic coordinates of List of Subjects in 14 CFR Part 71
presented are particularly helpful in the airport to coincide with the FAA’s Airspace, Incorporation by reference,
developing reasoned regulatory aeronautical database; Navigation (air).
decisions on the proposal. Comments Within a 6.6-mile radius (decreased
are specifically invited on the overall from a 7-mile radius) of Wilbarger The Proposed Amendment
regulatory, aeronautical, economic, County Airport, Vernon, TX, and Accordingly, pursuant to the
environmental, and energy-related updating the geographic coordinates of authority delegated to me, the Federal
aspects of the proposal. the airport to coincide with the FAA’s Aviation Administration proposes to
Communications should identify both aeronautical database; amend 14 CFR part 71 as follows:
docket numbers and be submitted in And within a 6.6-mile radius
triplicate to the address listed above. (increased from a 6.3-mile radius) of PART 71—DESIGNATION OF CLASS A,
Commenters wishing the FAA to Winters Municipal Airport, Winters, B, C, D, AND E AIRSPACE AREAS; AIR
acknowledge receipt of their comments TX, with an extension to the north of TRAFFIC SERVICE ROUTES; AND
on this notice must submit with those the airport from the 6.6-mile radius to REPORTING POINTS
comments a self-addressed, stamped 9.3 miles, and with a new extension to
postcard on which the following the south of the airport from the 6.6- ■ 1. The authority citation for 14 CFR
statement is made: ‘‘Comments to mile radius to 9.6 miles. Part 71 continues to read as follows:
Docket No. FAA–2016–8828/Airspace Airspace reconfiguration is necessary
Authority: 49 U.S.C. 106(f), 106(g); 40103,
Docket No. 16–ASW–13.’’ The postcard due to the decommissioning of NDBs, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
will be date/time stamped and returned cancellation of NDB approaches, and 1959–1963 Comp., p. 389.
to the commenter. implementation of RNAV procedures at
these airports. Controlled airspace is § 71.1 [Amended]
Availability of NPRMs necessary for the safety and ■ 2. The incorporation by reference in
An electronic copy of this document management of the standard instrument 14 CFR 71.1 of FAA Order 7400.9Z,
may be downloaded through the approach procedures for IFR operations Airspace Designations and Reporting
Internet at http://www.regulations.gov. at the airports. Points, dated August 6, 2015, and
Recently published rulemaking Class E airspace designations are effective September 15, 2015, is
documents can also be accessed through published in paragraph 6005 of FAA amended as follows:
the FAA’s Web page at http:// Order 7400.9Z, dated August 6, 2015,
www.regulations.gov. and effective September 15, 2015, which Paragraph 6005 Class E Airspace Areas
You may review the public docket is incorporated by reference in 14 CFR Extending Upward From 700 Feet or More
containing the proposal, any comments 71.1. The Class E airspace designations Above the Surface of the Earth.
received, and any final disposition in listed in this document will be * * * * *
person in the Dockets Office (see the published subsequently in the Order.
ASW TX E5 Levelland, TX [Amended]
ADDRESSES section for the address and
Regulatory Notices and Analyses Levelland Municipal, TX
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday, The FAA has determined that this (Lat. 33°33′09″ N., long. 102°22′21″ W.)
except federal holidays. An informal regulation only involves an established That airspace extending upward from 700
docket may also be examined during body of technical regulations for which feet above the surface within a 6.6-mile
frequent and routine amendments are radius of Levelland Municipal Airport.
normal business hours at the Federal
Aviation Administration, Air Traffic necessary to keep them operationally * * * * *
Organization, Central Service Center, current, is non-controversial and ASW TX E5 Vernon, TX [Amended]
Operations Support Group, 10101 unlikely to result in adverse or negative
Wilbarger County Airport, TX
Hillwood Parkway, Fort Worth, TX comments. It, therefore: (1) Is not a (Lat. 34°13′32″ N., long. 99°17′02″ W.)
‘‘significant regulatory action’’ under
Lhorne on DSK30JT082PROD with PROPOSALS
76177. That airspace extending upward from 700
Executive Order 12866; (2) is not a feet above the surface within a 6.6-mile
Availability and Summary of ‘‘significant rule’’ under DOT
Documents Proposed for Incorporation radius of Wilbarger County Airport.
Regulatory Policies and Procedures (44
by Reference * * * * *
FR 11034; February 26, 1979); and (3)
This document proposes to amend does not warrant preparation of a ASW TX E5 Winters, TX [Amended]
FAA Order 7400.9Z, Airspace regulatory evaluation as the anticipated Winters Municipal Airport, TX
Designations and Reporting Points, impact is so minimal. Since this is a (Lat. 31°56′50″ N., long. 99°59′09″ W.)
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That airspace extending upward from 700 not have access to the internet. country provide the most appropriate
feet above the surface within a 6.6-mile Commenters that do not have access to basis for normal value, section 773 of
radius of Winters Municipal Airport, and 1 the internet may submit the original and the Act also permits the use of third
mile each side of the 352° bearing from the one electronic copy on CD–ROM of each country sales or constructed value as the
airport extending from the 6.6-mile radius to
9.3 miles north of the airport, and within 2
set of comments by mail or hand basis for normal value. See also 19 CFR
miles each side of the 180° bearing from the delivery/courier. All comments should 351.404(a).
airport from the 6.6-mile radius to 9.6 miles be addressed to Paul Piquado, Assistant The Department’s regulations identify
south of the airport. Secretary for Enforcement & circumstances in which it may rely
Compliance, Room 1870, Department of upon another basis for normal value.
Issued in Fort Worth, Texas, on August 17,
Commerce, 14th Street and Constitution The Department may use a basis other
2016.
Ave. NW., Washington, DC 20230. than sales in the exporting country
Christopher L. Southerland,
Comments submitted to the Department where, pursuant to 19 CFR 351.404(b),
Acting Manager, Operations Support Group, the Department determines that the
ATO Central Service Center.
will be uploaded to the eRulemaking
Portal at www.Regulations.gov. exporting country does not constitute a
[FR Doc. 2016–20152 Filed 8–24–16; 8:45 am] viable market. 19 CFR 351.404(c). In
The Department will consider all
BILLING CODE 4910–13–P
comments received before the close of addition, the Department may use a
the comment period. All comments basis other than sales in the exporting
responding to this notice will be a country where a proper comparison
DEPARTMENT OF COMMERCE matter of public record and will be between sales in the exporting country
available on the Federal eRulemaking and sales in the United States is not
International Trade Administration possible. 19 CFR 351.404(c)(2)(i).1
Portal at www.Regulations.gov. The
Department will not accept comments In those circumstances where the
19 CFR Part 351 Department determines that sales in the
accompanied by a request that part or
[Docket Number 160815742–6742–01] all of the material be treated exporting country do not permit an
confidentially because of its business appropriate comparison to United States
RIN 0625–AB08 sales, ‘‘[t]he Secretary normally will
proprietary nature or for any other
reason. calculate normal value based on sales to
Modification of Regulations Regarding
Any questions concerning file a third country rather than on
Basis for Normal Value
formatting, document conversion, constructed value if adequate
AGENCY: Enforcement and Compliance, access on the Internet, or other information is available and verifiable
International Trade Administration, electronic filing issues should be . . .’’ 19 CFR 351.404(f). Thus, although
Department of Commerce. addressed to Moustapha Sylla, § 404(f) of the Department’s regulations
ACTION: Proposed rule and request for Enforcement and Compliance, at (202) contemplates both sales in a third
comments. 482–4685 or email address: webmaster- country and constructed value as bases
support@ita.doc.gov. to calculate normal value, it establishes
SUMMARY: The Department of Commerce FOR FURTHER INFORMATION CONTACT:
an order of preference in which the
(‘‘the Department’’) proposes to modify Zachary Simmons at (202) 482–4044 or Department ‘‘normally’’ will use sales in
the regulations pertaining to the use of Abdelali Elouaradia at (202) 482–1374. a third country. Section 404(f)
constructed value or third country sales establishes sales in a third country as
SUPPLEMENTARY INFORMATION:
for purposes of determining normal the preferred basis to calculate normal
value, where the exporting country does Background value where (1) there are no sales of the
not constitute a viable market, and is foreign like product in the exporting
In general terms, section 731 of the
seeking comments from parties. This country, (2) there are insufficient sales
Tariff Act of 1930, as amended (the Act),
modification, if adopted, will specify of the foreign like product in the
provides that when a company is selling
that, where the exporting country does exporting country and thus the market
foreign merchandise in the United
not constitute a viable market, the is not viable, or (3) the Department has
States at less than fair value, and the
Department normally will calculate otherwise determined it cannot use such
International Trade Commission
normal value based upon constructed sales for purposes of determining
determines that an industry is
value. This modification would invert normal value pursuant to section
materially injured or threatened with
the preexisting order of preference that, 773(a)(1)(B)(i) of the Act.
material injury by reason of such sales However, the Department has
where the exporting country does not or imports, the Department shall impose
constitute a viable market, the identified some factors in favor of
an antidumping duty. Furthermore, inverting the current order of preference
Department normally calculates normal section 751 of the Act provides that the
value based on sales in a viable third to use, normally, constructed value
Department shall periodically review rather than sales in a third country.
country. The Department proposes this and determine, upon request, the
modification in light of certain First, the proposed preference for
amount of any antidumping duty. constructed value accords with the
advantages of constructed value over Pursuant to section 773(a) of the Act,
third country sales, such as availability the Department’s analysis involves a 1 The Department has exercised this discretion in
of cost of production information and comparison between a company’s sales the past. See, e.g., Large Newspaper Printing Presses
comparability to U.S. prices. price to, or in, the United States and Components Thereof, Whether Assembled or
DATES: To be assured of consideration, (defined either as export price or Unassembled, from Japan, 65 FR 62700, 62702
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written comments must be received no (Dep’t of Commerce Oct. 19, 2000) (prelim. results)
constructed export price) with the (basing normal value on constructed value because
later than September 26, 2016. normal value. See 19 CFR 351.401(a); ‘‘the unique, custom-built nature of each LNPP sold
ADDRESSES: All comments must be see also section 772 of the Act (defining does not permit proper price-to-price
submitted through the Federal export price and constructed export comparisons’’) unchanged in Large Newspaper
Printing Presses and Components Thereof, Whether
eRulemaking Portal at http:// price); section 773 of the Act (defining Assembled or Unassembled, from Japan, 66 FR
www.regulations.gov, Docket No. ITA– normal value). Although in most 11555 (Dep’t of Commerce Feb. 26, 2001) (final
2016–0009, unless the commenter does circumstances, sales in the exporting results).
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Document Created: 2016-08-25 00:35:28
Document Modified: 2016-08-25 00:35:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | Comments must be received on or before October 11, 2016. | |
| Contact | Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711. | |
| FR Citation | 81 FR 58417 | |
| CFR Associated | Airspace; Incorporation by Reference and Navigation (air) |
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