81_FR_89249 81 FR 89012 - Proposed Establishment of Class E Airspace; Grand Chenier, LA

81 FR 89012 - Proposed Establishment of Class E Airspace; Grand Chenier, LA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89012-89014
FR Document2016-29430

This action proposes to establish Class E airspace at Grand Chenier, LA. Controlled airspace is necessary to accommodate new special Instrument Approach Procedures developed at Little Pecan Island Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89012-89014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6661; Airspace Docket No. 16-ASW-10]


Proposed Establishment of Class E Airspace; Grand Chenier, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 89013]]


ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Grand 
Chenier, LA. Controlled airspace is necessary to accommodate new 
special Instrument Approach Procedures developed at Little Pecan Island 
Airport, for the safety and management of Instrument Flight Rules (IFR) 
operations at the airport.

DATES: Comments must be received on or before January 23, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone 
(202) 366-9826 or (800) 617-5527. You must identify the docket number 
FAA Docket No. FAA-2016-9193/Airspace Docket No.16-AGL-26, 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 7400.11A, 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 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; 
telephone: 817-222-5857.

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 of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it would establish Class E airspace at Little Pecan Island Airport, 
Grand Chenier, LA.

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-2016-6661/
Airspace Docket No. 16-ASW-10.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received 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 the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ``ADDRESSES'' section for 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 Central Service Center, Operation 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 7400.11A, Airspace 
Designations and Reporting Points, dated August 3, 2016, and effective 
September 15, 2016. FAA Order 7400.11A is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11A 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 establishing Class E airspace extending 
upward from 700 feet above the surface within a 6-mile radius of Little 
Pecan Island Airport, Grand Chenier, LA, to accommodate new special 
instrument approach procedures. Controlled airspace is needed for the 
safety and management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order 
7400.11A, dated August 3, 2016, and effective September 15, 2016, 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.

Regulatory Notices and Analyses

    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, would not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

[[Page 89014]]

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

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, and 
effective September 15, 2016, is amended as follows:

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

* * * * *

ASW LA E5 Grand Chenier, LA [New]

Little Pecan Island Airport, LA
    (Lat. 29[deg]47'59'' N., long. 092[deg]48'13'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6-mile radius of Little Pecan Island Airport.

    Issued in Fort Worth, TX, on November 30, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-29430 Filed 12-8-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                    89012                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    shutdown, and establishes the                              The petitioners request the NRC issue              demonstrating the basis for your
                                                    requirements that must be satisfied for                 a final rule that addresses ‘‘whether                 position.
                                                    a reactor to restart from an extended                   decommissioning funds may be used for                   5. Given the NRC’s long-standing,
                                                    shutdown.’’ In addition, the petitioners                activities during a reactor extended                  well-understood Reactor Oversight
                                                    request NRC issue a final rule that                     shutdown and, if so, the criteria and                 Program (ROP), what potential changes
                                                    explicitly states that ‘‘a licensee                     conditions governing use of                           would need to be considered to ensure
                                                    providing the NRC with written                          decommissioning funds.’’ The                          adequate oversight of a reactor during
                                                    certification under 10 CFR [title 10 of                 petitioners assert that the final rule                an extended shutdown? Please provide
                                                    the Code of Federal Regulations]                        ‘‘must require licensees to submit a                  technical, scientific, or other data or
                                                    50.82(a)(1)(i) of permanent cessation of                preliminary decommissioning cost                      information demonstrating the basis for
                                                    reactor operations cannot retract that                  estimate to the NRC at five-year                      your position.
                                                    certification and opt to place the reactor              intervals throughout the period of                      6. What additional reporting to the
                                                    into an extended shutdown en route to                   reactor extended shutdown.’’                          NRC should be required for a reactor in
                                                    resumption of reactor operations.’’                                                                           an extended shutdown, and with what
                                                       The petitioners propose two criteria to              IV. Request for Comment
                                                                                                                                                                  level of detail and frequency (e.g., the
                                                    define when a reactor is placed into an                    The NRC is seeking public comment                  potential changes to the submission of
                                                    extended shutdown. First, similar to                    on the following questions:                           the decommissioning trust fund
                                                    how licensees notify the NRC of their                      1. The petition outlines a scenario                reports)? Please provide technical,
                                                    intentions to permanently cease reactor                 where a reactor is in an extended                     scientific, or other data or information
                                                    operations under 10 CFR 50.4(b)(8) and                  shutdown condition due to economic or                 demonstrating the basis for your
                                                    10 CFR 50.82(a)(1)(i), a licensee would                 other reasons and would at some                       position.
                                                    ‘‘notify the NRC of its intention to put                unspecified later date return to
                                                    a reactor into an extended shutdown.’’                                                                        V. Conclusion
                                                                                                            operation. The petition uses the Brown’s
                                                    Second, a reactor that has been                         Ferry Nuclear Plant as an example,                      The NRC has determined that the
                                                    shutdown for 2 years but is not actively                where the Tennessee Valley Authority                  petition generally meets the threshold
                                                    pursuing restart under a formal NRC                     voluntarily shut down one unit from                   sufficiency requirements for docketing a
                                                    process would fall under the petitioners’               1985 to 2007. Are there any facilities or             PRM under 10 CFR 2.802, ‘‘Petition for
                                                    proposed new regulatory requirements                    licensees who may be likely to use the                rulemaking—requirements for filing,’’
                                                    for a reactor in extended shutdown.                     petitioners’ extended shutdown                        and the PRM has been docketed as
                                                       The petitioners propose the NRC issue                scenario in the future? Please provide                PRM–50–114. The NRC will examine
                                                    a final rule requiring licensees be                                                                           the issues raised in PRM–50–114, to
                                                                                                            technical, scientific, or other data or
                                                    required to submit a ‘‘Reactor Extended                                                                       determine whether they should be
                                                                                                            information demonstrating the basis for
                                                    Shutdown Activities Report (RESAR)’’                                                                          considered in the rulemaking process.
                                                                                                            your position.
                                                    prior to a reactor entering extended                                                                          The petitioners have requested a public
                                                    shutdown, similar to the Post-Shutdown                     2. The petitioners contend that the
                                                                                                            NRC’s existing regulations were                       meeting with the NRC for the purpose
                                                    Decommissioning Activities Report                                                                             of reaching a common understanding of
                                                    required by 10 CFR 50.82(a)(4)(i). The                  promulgated for operating reactors, and
                                                                                                            that specific regulations are needed to               the problems to be resolved by the
                                                    petitioners listed seven activities, at a                                                                     requested rulemaking. Unlike the public
                                                    minimum, which should be described                      address non-operating reactors in an
                                                                                                            ‘‘extended shutdown.’’ Assuming the                   meeting opportunity afforded in the
                                                    in the RESAR. The petitioners note that                                                                       NRC’s § 2.206 process mentioned in the
                                                    if the regulations ‘‘do[es] not generically             extended shutdown scenario is credible,
                                                                                                            in what specific ways are the existing                PRM, there is no public meeting
                                                    address topics like emergency planning                                                                        opportunity required in the petition for
                                                    exercises, Design Basis Threats and                     regulations identified in the PRM
                                                                                                            insufficient to address the scenario                  rulemaking process (§ 2.802). At this
                                                    associated physical protection
                                                                                                            described by the petitioners? Please                  time, the NRC does not intend to hold
                                                    measures, and handling operating
                                                                                                            provide technical, scientific, or other               a public meeting on the PRM.
                                                    experience (i.e., NRC bulletins and
                                                    generic letters as well as vendor                       data or information demonstrating the                   Dated at Rockville, Maryland, this 5th day
                                                    advisories and manual updates), the                     basis for your position.                              of December, 2016.
                                                    RESAR should describe how these                            3. Assuming that the existing                        For the Nuclear Regulatory Commission.
                                                    topics will be handled.’’                               regulations identified in the PRM are                 Annette L. Vietti-Cook,
                                                       The petitioners state a new rule                     insufficient to address the extended                  Secretary of the Commission.
                                                    should contain requirements for a                       shutdown scenario, what specific                      [FR Doc. 2016–29484 Filed 12–8–16; 8:45 am]
                                                    reactor exiting extended shutdown by                    changes to those regulations are needed
                                                                                                                                                                  BILLING CODE 7590–01–P
                                                    either of two pathways: Restart of the                  to facilitate the requested rulemaking?
                                                    reactor or enter decommissioning. For                   Please provide technical, scientific, or
                                                    reactor restart, the petitioners state that             other data or information demonstrating
                                                    ‘‘the final rule must establish how                     the basis for your position.                          DEPARTMENT OF TRANSPORTATION
                                                    deferred and suspended activities are                      4. The petition describes a plant in an
                                                    resumed’’ and ‘‘for each activity                       ‘‘extended shutdown,’’ and proposes                   Federal Aviation Administration
                                                    deferred, suspended, or reduced during                  two criteria to enter into this non-
                                                    the period of reactor extended                          operating state (submission of 10 CFR                 14 CFR Part 71
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    shutdown, the final rule and its                        50.82(a)(1)(i) and 10 CFR 50.4(b)(8)
                                                    associated regulatory guidance must                     notifications; and a shutdown period of               [Docket No. FAA–2016–6661; Airspace
                                                    clearly establish how these activities are              2 years). Should the term ‘‘extended                  Docket No. 16–ASW–10]
                                                    resumed or reinstated.’’ The petitioners                shutdown’’ be defined in 10 CFR 50.2,                 Proposed Establishment of Class E
                                                    state that the final rule must clearly                  ‘‘Definitions,’’ and should the                       Airspace; Grand Chenier, LA
                                                    establish when and to what extent a                     regulations specify the timeframe for
                                                    power ascension startup program is                      this scenario? Please provide technical,              AGENCY:Federal Aviation
                                                    required for reactor re-operation.                      scientific, or other data or information              Administration (FAA), DOT.


                                               VerDate Sep<11>2014   16:22 Dec 08, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\09DEP1.SGM   09DEP1


                                                                           Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules                                           89013

                                                          Notice of proposed rulemaking
                                                    ACTION:                                                 Subtitle I, Section 106 describes the                 phone number) between 9:00 a.m. and
                                                    (NPRM).                                                 authority of the FAA Administrator.                   5:00 p.m., Monday through Friday,
                                                                                                            Subtitle VII, Aviation Programs,                      except Federal holidays. An informal
                                                    SUMMARY:   This action proposes to                      describes in more detail the scope of the             docket may also be examined during
                                                    establish Class E airspace at Grand                     agency’s authority. This rulemaking is                normal business hours at the Central
                                                    Chenier, LA. Controlled airspace is                     promulgated under the authority                       Service Center, Operation Support
                                                    necessary to accommodate new special                    described in Subtitle VII, Part, A,                   Group, 10101 Hillwood Parkway, Fort
                                                    Instrument Approach Procedures                          Subpart I, Section 40103. Under that                  Worth, TX 76177.
                                                    developed at Little Pecan Island Airport,               section, the FAA is charged with
                                                    for the safety and management of                        prescribing regulations to assign the use             Availability and Summary of
                                                    Instrument Flight Rules (IFR) operations                of airspace necessary to ensure the                   Documents Proposed for Incorporation
                                                    at the airport.                                         safety of aircraft and the efficient use of           by Reference
                                                    DATES: Comments must be received on                     airspace. This regulation is within the                 This document proposes to amend
                                                    or before January 23, 2017.                             scope of that authority as it would                   FAA Order 7400.11A, Airspace
                                                    ADDRESSES: Send comments on this                        establish Class E airspace at Little Pecan            Designations and Reporting Points,
                                                    proposal to the U.S. Department of                      Island Airport, Grand Chenier, LA.                    dated August 3, 2016, and effective
                                                    Transportation, Docket Operations, 1200                 Comments Invited                                      September 15, 2016. FAA Order
                                                    New Jersey Avenue SE., West Building                                                                          7400.11A is publicly available as listed
                                                    Ground Floor, Room W12–140,                                Interested parties are invited to                  in the ADDRESSES section of this
                                                    Washington, DC 20590; telephone (202)                   participate in this proposed rulemaking               document. FAA Order 7400.11A lists
                                                    366–9826 or (800) 617–5527. You must                    by submitting such written data, views,               Class A, B, C, D, and E airspace areas,
                                                    identify the docket number FAA Docket                   or arguments, as they may desire.                     air traffic service routes, and reporting
                                                    No. FAA–2016–9193/Airspace Docket                       Comments that provide the factual basis               points.
                                                    No.16–AGL–26, at the beginning of your                  supporting the views and suggestions
                                                                                                            presented are particularly helpful in                 The Proposal
                                                    comments. You may also submit
                                                                                                            developing reasoned regulatory
                                                    comments through the Internet at http://                                                                         The FAA is proposing an amendment
                                                                                                            decisions on the proposal. Comments
                                                    www.regulations.gov. You may review                                                                           to Title 14, Code of Federal Regulations
                                                                                                            are specifically invited on the overall
                                                    the public docket containing the                                                                              (14 CFR) Part 71 by establishing Class E
                                                                                                            regulatory, aeronautical, economic,
                                                    proposal, any comments received, and                                                                          airspace extending upward from 700
                                                                                                            environmental, and energy-related
                                                    any final disposition in person in the                                                                        feet above the surface within a 6-mile
                                                                                                            aspects of the proposal.
                                                    Dockets Office between 9:00 a.m. and                                                                          radius of Little Pecan Island Airport,
                                                                                                            Communications should identify both
                                                    5:00 p.m., Monday through Friday,                                                                             Grand Chenier, LA, to accommodate
                                                                                                            docket numbers and be submitted in
                                                    except Federal holidays.                                                                                      new special instrument approach
                                                       FAA Order 7400.11A, Airspace                         triplicate to the address listed above.
                                                                                                                                                                  procedures. Controlled airspace is
                                                    Designations and Reporting Points, and                  Commenters wishing the FAA to
                                                                                                                                                                  needed for the safety and management
                                                    subsequent amendments can be viewed                     acknowledge receipt of their comments
                                                                                                                                                                  of IFR operations at the airport.
                                                    online at http://www.faa.gov/air_traffic/               on this notice must submit with those
                                                                                                            comments a self-addressed, stamped                       Class E airspace areas are published
                                                    publications/. For further information,                                                                       in Paragraph 6005 of FAA Order
                                                    you can contact the Airspace Policy                     postcard on which the following
                                                                                                            statement is made: ‘‘Comments to                      7400.11A, dated August 3, 2016, and
                                                    Group, Federal Aviation                                                                                       effective September 15, 2016, which is
                                                    Administration, 800 Independence                        Docket No. FAA–2016–6661/Airspace
                                                                                                            Docket No. 16–ASW–10.’’ The postcard                  incorporated by reference in 14 CFR
                                                    Avenue SW., Washington, DC 20591;                                                                             71.1. The Class E airspace designation
                                                    telephone: 202–267–8783. The Order is                   will be date/time stamped and returned
                                                                                                            to the commenter.                                     listed in this document will be
                                                    also available for inspection at the                                                                          published subsequently in the Order.
                                                                                                               All communications received before
                                                    National Archives and Records
                                                                                                            the specified closing date for comments               Regulatory Notices and Analyses
                                                    Administration (NARA). For
                                                                                                            will be considered before taking action
                                                    information on the availability of FAA                                                                          The FAA has determined that this
                                                                                                            on the proposed rule. The proposal
                                                    Order 7400.11A at NARA, call 202–741–                                                                         proposed regulation only involves an
                                                                                                            contained in this notice may be changed
                                                    6030, or go to http://www.archives.gov/                                                                       established body of technical
                                                                                                            in light of the comments received. A
                                                    federal_register/code_of_federal-                                                                             regulations for which frequent and
                                                                                                            report summarizing each substantive
                                                    regulations/ibr_locations.html.                                                                               routine amendments are necessary to
                                                                                                            public contact with FAA personnel
                                                       FAA Order 7400.11, Airspace                                                                                keep them operationally current, It,
                                                                                                            concerned with this rulemaking will be
                                                    Designations and Reporting Points, is                                                                         therefore: (1) is not a ‘‘significant
                                                                                                            filed in the docket.
                                                    published yearly and effective on                                                                             regulatory action’’ under Executive
                                                    September 15.                                           Availability of NPRMs                                 Order 12866; (2) is not a ‘‘significant
                                                    FOR FURTHER INFORMATION CONTACT:                           An electronic copy of this document                rule’’ under DOT Regulatory Policies
                                                    Rebecca Shelby, Central Service Center,                 may be downloaded through the                         and Procedures (44 FR 11034; February
                                                    Operations Support Group, Federal                       Internet at http://www.regulations.gov.               26, 1979); and (3) does not warrant
                                                    Aviation Administration, Southwest                      Recently published rulemaking                         preparation of a regulatory evaluation as
                                                    Region, 10101 Hillwood Parkway, Fort                    documents can also be accessed through                the anticipated impact is so minimal.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Worth, TX 76177; telephone: 817–222–                    the FAA’s Web page at http://                         Since this is a routine matter that will
                                                    5857.                                                   www.faa.gov/air_traffic/publications/                 only affect air traffic procedures and air
                                                    SUPPLEMENTARY INFORMATION:                              airspace_amendments/.                                 navigation, it is certified that this rule,
                                                                                                               You may review the public docket                   when promulgated, would not have a
                                                    Authority for This Rulemaking                           containing the proposal, any comments                 significant economic impact on a
                                                      The FAA’s authority to issue rules                    received and any final disposition in                 substantial number of small entities
                                                    regarding aviation safety is found in                   person in the Dockets Office (see                     under the criteria of the Regulatory
                                                    Title 49 of the United States Code.                     ‘‘ADDRESSES’’ section for address and                 Flexibility Act.


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                                                    89014                       Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    Environmental Review                                       regulations addressing who may receive                approved property settlement incident
                                                       This proposal will be subject to an                     a portion of an employee annuity due to               to any such court decree. The current
                                                    environmental analysis in accordance                       a former spouse of a railroad annuitant               version of Board regulations at Title 20
                                                    with FAA Order 1050.1F,                                    under a court decree of divorce or court-             of the Code of Federal Regulations, Part
                                                    ‘‘Environmental Impacts: Policies and                      approved property settlement, but                     295, sections 295.1–7 implement this
                                                    Procedures’’ prior to any FAA final                        which was unpaid at the time of the                   provision.
                                                    regulatory action.                                         former spouse’s death. The current                      The current version of section
                                                                                                               regulation states that the Board will                 295.5(d) of the Board’s regulations
                                                    List of Subjects in 14 CFR Part 71                         follow the priority order provided for                explains that payments to a spouse or
                                                      Airspace, Incorporation by reference,                    employee annuities unpaid at death in                 former spouse pursuant to a court order
                                                    Navigation (air)                                           Section 234.1 of the Board’s regulations.             will not be made to the heirs, legatees,
                                                                                                               The proper section pertaining to                      creditors, or assignees of a deceased
                                                    The Proposed Amendment                                     employee annuities due but unpaid at                  spouse or former spouse. Any annuity
                                                      In consideration of the foregoing, the                   death is located in Section 234.31 of the             amounts due to the spouse or former
                                                    Federal Aviation Administration                            Board’s regulations. This amendment is                spouse but unpaid at the time of the
                                                    proposes to amend 14 CFR part 71 as                        necessary to insert the correct section               spouse or former spouse’s death will be
                                                    follows:                                                   reference.                                            made in accordance with the Board’s
                                                                                                               DATES: Submit comments on or before                   regulations governing payments of
                                                    PART 71—DESIGNATION OF CLASS A,                            February 7, 2017.                                     employee annuities due but unpaid at
                                                    B, C, D, AND E AIRSPACE AREAS; AIR                                                                               the death of the employee. At the time
                                                                                                               ADDRESSES: You may submit comments,
                                                    TRAFFIC SERVICE ROUTES; AND                                                                                      section 295.5(d) was published in the
                                                                                                               identified by 3220–AB69, by any of the
                                                    REPORTING POINTS                                                                                                 Federal Register, the Board regulations
                                                                                                               following methods:
                                                                                                               1. Internet—Send comments via email                   governing employee annuities due but
                                                    ■ 1. The authority citation for 14 CFR                                                                           unpaid at death were found in section
                                                    part 71 continues to read as follows:                           to SecretarytotheBoard@rrb.gov
                                                                                                               2. Fax—(312) 751–7102.                                234.1 of the Board’s regulations. Part
                                                      Authority: 49 U.S.C. 106(f), 106(g); 40103,              3. Mail—Secretary to the Board,                       234 of the Board’s regulations has since
                                                    40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                    Railroad Retirement Board, 844 N.                been amended and the section
                                                    1959–1963 Comp., p. 389.                                                                                         governing employee annuities due but
                                                                                                                    Rush Street, Chicago, Illinois,
                                                    § 71.1       [Amended]                                          60611–2092.                                      unpaid at death is now designated as
                                                                                                                  Do not submit the same comments                    section 234.31 of the Board’s
                                                    ■ 2. The incorporation by reference in
                                                                                                               multiple times or by more than one                    regulations.
                                                    14 CFR 71.1 of FAA Order 7400.11A,
                                                    Airspace Designations and Reporting                        method. Regardless of which method                    Proposed Changes
                                                    Points, dated August 3, 2016, and                          you choose, please state that your
                                                                                                                                                                       We propose to amend section 295.5(d)
                                                    effective September 15, 2016, is                           comments refer to RIN number 3220–
                                                                                                                                                                     of the Board’s regulations to provide the
                                                    amended as follows:                                        AB69.
                                                                                                                  Caution: You should be careful to                  correct cross-reference to the section of
                                                    Paragraph 6005 Class E Airspace Areas                      include in your comments only                         the Board’s regulations governing
                                                    Extending Upward From 700 Feet or More
                                                                                                               information that you wish to make                     employee annuities due but unpaid at
                                                    Above the Surface of the Earth.                                                                                  death. This change is not intended to be
                                                                                                               publicly available as comments are
                                                    *        *      *       *      *                           made public without change, with any                  substantive.
                                                    ASW LA E5 Grand Chenier, LA [New]                          personal information provided. The                    Clarity of This Proposed Rule
                                                    Little Pecan Island Airport, LA                            Board strongly urges you not to include                 Executive Order 12866, as
                                                      (Lat. 29°47′59″ N., long. 092°48′13″ W.)                 in your comments any personal                         supplemented by Executive Order
                                                      That airspace extending upward from 700                  information, such as Social Security                  13563, requires each agency to write all
                                                    feet above the surface within a 6-mile radius              numbers or medical information.                       rules in plain language. In addition to
                                                    of Little Pecan Island Airport.                            FOR FURTHER INFORMATION CONTACT:                      your substantive comments on this
                                                      Issued in Fort Worth, TX, on November 30,                Marguerite P. Dadabo, Assistant General               proposed rule, we invite your comments
                                                    2016.                                                      Counsel, Railroad Retirement Board,                   on how to make it easier to understand.
                                                    Walter Tweedy,                                             844 North Rush Street, Chicago, IL                      For example:
                                                    Acting Manager, Operations Support Group,                  60611–2092, (312) 751–4945, TTD (312)                 • Are the requirements for the rule
                                                    ATO Central Service Center.                                751–4701.                                               clearly stated?
                                                    [FR Doc. 2016–29430 Filed 12–8–16; 8:45 am]                SUPPLEMENTARY INFORMATION:                            • Have we organized the material to
                                                    BILLING CODE 4910–13–P                                     Background Information                                  meet your needs?
                                                                                                                                                                     • What else could we do to make the
                                                                                                                 The Railroad Retirement Act (RRA)                     rule easier to understand?
                                                    RAILROAD RETIREMENT BOARD
                                                                                                               provides monthly annuities for railroad               • Does the rule contain technical
                                                                                                               employees based on age and years of                     language or jargon that is not clear?
                                                    20 CFR Part 295                                            service in the railroad industry. Section             • Would a different format make the
                                                                                                               14(b)(2) of the RRA [45 U.S.C.                          rule easier to understand?
                                                    RIN 3220–AB69                                              231m(b)(2)] provides that portions of an
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                               employee annuity calculated under                     When will we start to use this rule?
                                                    Payments Pursuant to Court Decree or                       sections 2(b), 3(b), 3(f), and 3(h) of the               We will not use this rule until we
                                                    Court-Approved Property Settlement                         RRA [45 U.S.C. 231a(b), 231b(b), 231c(f),             evaluate public comments and publish
                                                    AGENCY:       Railroad Retirement Board.                   and 231c(h)] may be characterized as                  a final rule in the Federal Register. All
                                                    ACTION:      Proposed rule.                                community property and subject to                     final rules we issue include an effective
                                                                                                               distribution in accordance with a court               date. We will continue to use our
                                                    SUMMARY: The Railroad Retirement                           decree of divorce, annulment, or legal                current rules until that date. If we
                                                    Board (Board) proposes to amend its                        separation or the terms of any court-                 publish a final rule, we will include a


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Document Created: 2018-02-14 09:03:50
Document Modified: 2018-02-14 09:03:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesComments must be received on or before January 23, 2017.
ContactRebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817-222-5857.
FR Citation81 FR 89012 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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