82_FR_39014 82 FR 38857 - Proposed Amendment of Class E Airspace, Carrabassett, ME

82 FR 38857 - Proposed Amendment of Class E Airspace, Carrabassett, ME

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38857-38859
FR Document2017-17257

This action proposes to amend Class E airspace at Carrabassett, ME, due to the new arrival procedure established for Sugarloaf Regional Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also would update the geographic coordinates of the airport.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Proposed Rules]
[Pages 38857-38859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0610; Airspace Docket No. 17-ANE-3]


Proposed Amendment of Class E Airspace, Carrabassett, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace at 
Carrabassett, ME, due to the new arrival procedure established for 
Sugarloaf Regional Airport. Controlled airspace is necessary for the 
safety and management of instrument flight rules (IFR) operations at 
the airport. This action also would update the geographic coordinates 
of the airport.

DATES: Comments must be received on or before October 2, 2017.

ADDRESSES: Send comments on this proposal to: U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Bldg Ground Floor, Rm. W12-140, Washington, DC 20590; Telephone: 1-
(800)-647-5527, or (202)-366-9826. You must identify the Docket No. 
FAA-2016-0610; Airspace Docket No. 17-ANE-3, at the beginning of your 
comments. You may also submit and review received 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 on line 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: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

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.

[[Page 38858]]

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 amend Class E airspace at Sugarloaf 
Regional Airport, Carrabassett, ME, to support IFR operations at the 
airport.

Comments Invited

    Interested persons are invited to comment on this rule 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. You may also submit comments 
through the Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on 
this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to Docket 
No. FAA-2017-0610; Airspace Docket No. 17-ANE-3.'' 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 the 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 between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except federal holidays at the office 
of the Eastern Service Center, Federal Aviation Administration, Room 
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents 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 considering an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to amend Class E airspace extending upward 
from 700 feet or more above the surface within the 7-mile radius of 
Sugarloaf Regional Airport, Carrabassett, ME. A 14.3-mile extension to 
the north would be created extending from the 7-mile radius of the 
airport for the new RNAV-(GPS-A) approach for the airport, and for 
continued safety and management of IFR operations. The geographic 
coordinates of the airport also would be adjusted to coincide with the 
FAAs aeronautical database.
    Class E airspace designations 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 proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

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.

Lists 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 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 Federal Aviation 
Administration 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.

* * * * *

ANE ME E5 Carrabassett, ME [Amended]

Sugarloaf Regional Airport
    (Lat. 45[deg]05'08'' N., long. 70[deg]12'59'' W.)
Point in Space Coordinates
    (Lat. 45[deg]06'26'' N., long. 70[deg]12'30'' W.)

    That airspace extending upward from 700 feet above the surface 
of the earth within a 6-mile radius of the Point in Space 
Coordinates (lat. 45[deg]06'26'' N., long. 70[deg]12'30'' W.) 
serving the Sugarloaf Regional Airport, and within a 7-mile radius 
of the airport, and within 1 mile each side of the 346[deg] bearing 
from the airport, extending from the 7-mile radius to 14.3-miles 
north of the airport.


[[Page 38859]]


    Issued in College Park, Georgia, on August 8, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2017-17257 Filed 8-15-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                     Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Proposed Rules                                            38857

                                                 air traffic service routes, and reporting               PART 71—DESIGNATION OF CLASS A,                         SUMMARY:   This action proposes to
                                                 points.                                                 B, C, D, AND E AIRSPACE AREAS; AIR                      amend Class E airspace at Carrabassett,
                                                                                                         TRAFFIC SERVICE ROUTES; AND                             ME, due to the new arrival procedure
                                                 The Proposal                                                                                                    established for Sugarloaf Regional
                                                                                                         REPORTING POINTS
                                                    The FAA is considering an                                                                                    Airport. Controlled airspace is necessary
                                                                                                         ■ 1. The authority citation for part 71                 for the safety and management of
                                                 amendment to Title 14, Code of Federal
                                                                                                         continues to read as follows:                           instrument flight rules (IFR) operations
                                                 Regulations (14 CFR) part 71 to amend
                                                 Class E airspace extending upward from                    Authority: 49 U.S.C. 106(f), 106(g); 40103,           at the airport. This action also would
                                                 700 feet or more above the surface                      40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            update the geographic coordinates of the
                                                                                                         1959–1963 Comp., p. 389.                                airport.
                                                 within a 6-mile radius of Highland
                                                 Medical Center Heliport, Scottsboro,                    § 71.1       [Amended]                                  DATES: Comments must be received on
                                                 AL, by recognizing the heliport’s name                                                                          or before October 2, 2017.
                                                                                                         ■ 2. The incorporation by reference in
                                                 change, (formerly Jackson County                        14 CFR 71.1 of Federal Aviation                         ADDRESSES: Send comments on this
                                                 Hospital), and adjusting the geographic                 Administration Order 7400.11A,                          proposal to: U.S. Department of
                                                 coordinates of the heliport to coincide                 Airspace Designations and Reporting                     Transportation, Docket Operations, 1200
                                                 with the FAAs aeronautical database.                    Points, dated August 3, 2016, and                       New Jersey Avenue SE., West Bldg
                                                                                                         effective September 15, 2016, is                        Ground Floor, Rm. W12–140,
                                                    Class E airspace designations are
                                                                                                         amended as follows:                                     Washington, DC 20590; Telephone: 1–
                                                 published in Paragraph 6005 of FAA
                                                                                                                                                                 (800)–647–5527, or (202)–366–9826.
                                                 Order 7400.11A, dated August 3, 2016,                   Paragraph 6005 Class E Airspace Areas                   You must identify the Docket No. FAA–
                                                 and effective September 15, 2016, which                 Extending Upward From 700 Feet or More                  2016–0610; Airspace Docket No. 17–
                                                 is incorporated by reference in 14 CFR                  Above the Surface of the Earth.
                                                                                                                                                                 ANE–3, at the beginning of your
                                                 71.1. The Class E airspace designation                  *        *      *      *       *                        comments. You may also submit and
                                                 listed in this document will be
                                                                                                         ASO AL E5 Scottsboro, AL [Amended]                      review received comments through the
                                                 published subsequently in the Order.                                                                            Internet at http://www.regulations.gov.
                                                                                                         Scottsboro Municipal—World Field Airport,
                                                 Regulatory Notices and Analyses                              AL                                                 You may review the public docket
                                                                                                           (Lat. 34°41′19″ N., long. 86°00′21″ W.)               containing the proposal, any comments
                                                   The FAA has determined that this                      Highland Medical Center Heliport, Point in              received, and any final disposition in
                                                 proposed regulation only involves an                         Space Coordinates                                  person in the Dockets Office between
                                                 established body of technical                             (Lat. 34°39′45″ N., long. 86°02′48″ W.)               9:00 a.m. and 5:00 p.m., Monday
                                                 regulations for which frequent and                        That airspace extending upward from 700               through Friday, except federal holidays.
                                                 routine amendments are necessary to                     feet above the surface within a 6.5-mile                   FAA Order 7400.11A, Airspace
                                                 keep them operationally current. It,                    radius of Scottsboro Municipal—Word Field               Designations and Reporting Points, and
                                                 therefore: (1) Is not a ‘‘significant                   Airport, and within 4 miles each side of the            subsequent amendments can be viewed
                                                                                                         037° bearing from Scottsboro Municipal—
                                                 regulatory action’’ under Executive                                                                             on line at http://www.faa.gov/air_
                                                                                                         World Field Airport extending from the 6.5-
                                                 Order 12866; (2) is not a ‘‘significant                 mile radius to 10.9 miles northeast of the              traffic/publications/. For further
                                                 rule’’ under DOT Regulatory Policies                    airport, and within 4 miles each side of the            information, you can contact the
                                                 and Procedures (44 FR 11034; February                   218° bearing from Scottsboro Municipal—                 Airspace Policy Group, Federal Aviation
                                                 26, 1979); and (3) does not warrant                     Word Field Airport extending from the 6.5-              Administration, 800 Independence
                                                 preparation of a Regulatory Evaluation                  mile radius to 11 miles Southwest of the                Avenue SW., Washington, DC 20591;
                                                 as the anticipated impact is so minimal.                airport; and that airspace within a 6-mile              telephone: (202)–267–8783. The Order
                                                 Since this is a routine matter that will                radius of the point in space (lat. 34°39′45″ N.,        is also available for inspection at the
                                                 only affect air traffic procedures and air              long. 86°02′48″ W.) serving Highland Medical            National Archives and Records
                                                                                                         Center Heliport.
                                                 navigation, it is certified that this                                                                           Administration (NARA). For
                                                 proposed rule, when promulgated, will                      Issued in College Park, Georgia, on August           information on the availability of FAA
                                                 not have a significant economic impact                  8, 2017.                                                Order 7400.11A at NARA, call (202)–
                                                 on a substantial number of small entities               Ryan W. Almasy,                                         741–6030, or go to http://
                                                 under the criteria of the Regulatory                    Manager, Operations Support Group, Eastern              www.archives.gov/federal_register/
                                                 Flexibility Act.                                        Service Center, Air Traffic Organization.               code_of_federal-regulations/ibr_
                                                                                                         [FR Doc. 2017–17256 Filed 8–15–17; 8:45 am]             locations.html.
                                                 Environmental Review                                    BILLING CODE 4910–13–P                                     FAA Order 7400.11, Airspace
                                                                                                                                                                 Designations and Reporting Points, is
                                                    This proposal will be subject to an
                                                                                                                                                                 published yearly and effective on
                                                 environmental analysis in accordance
                                                                                                         DEPARTMENT OF TRANSPORTATION                            September 15.
                                                 with FAA Order 1050.1F,
                                                 ‘‘Environmental Impacts: Policies and                                                                           FOR FURTHER INFORMATION CONTACT: John
                                                                                                         Federal Aviation Administration                         Fornito, Operations Support Group,
                                                 Procedures’’ prior to any FAA final
                                                 regulatory action.                                                                                              Eastern Service Center, Federal Aviation
                                                                                                         14 CFR Part 71                                          Administration, P.O. Box 20636,
                                                 Lists of Subjects in 14 CFR Part 71                     [Docket No. FAA–2017–0610; Airspace                     Atlanta, Georgia 30320; telephone (404)
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                         Docket No. 17–ANE–3]                                    305–6364.
                                                  Airspace, Incorporation by reference,
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                 Navigation (air).                                       Proposed Amendment of Class E
                                                                                                         Airspace, Carrabassett, ME                              Authority for This Rulemaking
                                                 The Proposed Amendment
                                                                                                         AGENCY: Federal Aviation                                  The FAA’s authority to issue rules
                                                   In consideration of the foregoing, the                Administration (FAA), DOT.                              regarding aviation safety is found in
                                                 Federal Aviation Administration                                                                                 Title 49 of the United States Code.
                                                                                                         ACTION: Notice of proposed rulemaking
                                                 proposes to amend 14 CFR part 71 as                                                                             Subtitle I, Section 106 describes the
                                                                                                         (NPRM).
                                                 follows:                                                                                                        authority of the FAA Administrator.


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                                                 38858               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Proposed Rules

                                                 Subtitle VII, Aviation Programs,                        person in the Dockets Office (see the                 as the anticipated impact is so minimal.
                                                 describes in more detail the scope of the               ADDRESSES    section for address and                  Since this is a routine matter that will
                                                 agency’s authority. This rulemaking is                  phone number) between 9:00 a.m. and                   only affect air traffic procedures and air
                                                 promulgated under the authority                         5:00 p.m., Monday through Friday,                     navigation, it is certified that this
                                                 described in Subtitle VII, Part A,                      except federal holidays. An informal                  proposed rule, when promulgated, will
                                                 Subpart I, Section 40103. Under that                    docket may also be examined between                   not have a significant economic impact
                                                 section, the FAA is charged with                        8:00 a.m. and 4:30 p.m., Monday                       on a substantial number of small entities
                                                 prescribing regulations to assign the use               through Friday, except federal holidays               under the criteria of the Regulatory
                                                 of airspace necessary to ensure the                     at the office of the Eastern Service                  Flexibility Act.
                                                 safety of aircraft and the efficient use of             Center, Federal Aviation
                                                 airspace. This regulation is within the                 Administration, Room 350, 1701                        Environmental Review
                                                 scope of that authority as it would                     Columbia Avenue, College Park, GA                        This proposal will be subject to an
                                                 amend Class E airspace at Sugarloaf                     30337.                                                environmental analysis in accordance
                                                 Regional Airport, Carrabassett, ME, to                  Availability and Summary of                           with FAA Order 1050.1F,
                                                 support IFR operations at the airport.                  Documents for Incorporation by                        ‘‘Environmental Impacts: Policies and
                                                 Comments Invited                                        Reference                                             Procedures’’ prior to any FAA final
                                                    Interested persons are invited to                      This document proposes to amend                     regulatory action.
                                                 comment on this rule by submitting                      FAA Order 7400.11A, Airspace                          Lists of Subjects in 14 CFR Part 71
                                                 such written data, views, or arguments,                 Designations and Reporting Points,
                                                 as they may desire. Comments that                       dated August 3, 2016, and effective                    Airspace, Incorporation by reference,
                                                 provide the factual basis supporting the                September 15, 2016. FAA Order                         Navigation (air).
                                                 views and suggestions presented are                     7400.11A is publicly available as listed              The Proposed Amendment
                                                 particularly helpful in developing                      in the ADDRESSES section of this
                                                 reasoned regulatory decisions on the                    document. FAA Order 7400.11A lists                      In consideration of the foregoing, the
                                                 proposal. Comments are specifically                     Class A, B, C, D, and E airspace areas,               Federal Aviation Administration
                                                 invited on the overall regulatory,                      air traffic service routes, and reporting             proposes to amend 14 CFR part 71 as
                                                 aeronautical, economic, environmental,                  points.                                               follows:
                                                 and energy-related aspects of the                       The Proposal
                                                 proposal.                                                                                                     PART 71—DESIGNATION OF CLASS A,
                                                    Communications should identify both                     The FAA is considering an                          B, C, D, AND E AIRSPACE AREAS; AIR
                                                 docket numbers and be submitted in                      amendment to Title 14, Code of Federal                TRAFFIC SERVICE ROUTES; AND
                                                 triplicate to the address listed above.                 Regulations (14 CFR) part 71 to amend                 REPORTING POINTS
                                                 You may also submit comments through                    Class E airspace extending upward from
                                                 the Internet at http://                                 700 feet or more above the surface                    ■ 1. The authority citation for part 71
                                                 www.regulations.gov.                                    within the 7-mile radius of Sugarloaf                 continues to read as follows:
                                                    Persons wishing the FAA to                           Regional Airport, Carrabassett, ME. A
                                                 acknowledge receipt of their comments                   14.3-mile extension to the north would                  Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                         be created extending from the 7-mile                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                 on this action must submit with those
                                                                                                         radius of the airport for the new RNAV–               1959–1963 Comp., p. 389.
                                                 comments a self-addressed stamped
                                                 postcard on which the following                         (GPS–A) approach for the airport, and                 § 71.1       [Amended]
                                                 statement is made: ‘‘Comments to                        for continued safety and management of
                                                 Docket No. FAA–2017–0610; Airspace                      IFR operations. The geographic                        ■ 2. The incorporation by reference in
                                                 Docket No. 17–ANE–3.’’ The postcard                     coordinates of the airport also would be              14 CFR 71.1 of Federal Aviation
                                                 will be date/time stamped and returned                  adjusted to coincide with the FAAs                    Administration Order 7400.11A,
                                                 to the commenter.                                       aeronautical database.                                Airspace Designations and Reporting
                                                    All communications received before                      Class E airspace designations are                  Points, dated August 3, 2016, and
                                                 the specified closing date for comments                 published in paragraph 6005 of FAA                    effective September 15, 2016, is
                                                 will be considered before taking action                 Order 7400.11A, dated August 3, 2016,                 amended as follows:
                                                 on the proposed rule. The proposal                      and effective September 15, 2016, which               Paragraph 6005 Class E Airspace Areas
                                                 contained in this notice may be changed                 is incorporated by reference in 14 CFR                Extending Upward From 700 Feet or More
                                                 in light of the comments received. A                    71.1. The Class E airspace designation                Above the Surface of the Earth.
                                                 report summarizing each substantive                     listed in this document will be                       *        *      *       *    *
                                                 public contact with FAA personnel                       published subsequently in the Order.
                                                 concerned with this rulemaking will be                                                                        ANE ME E5           Carrabassett, ME [Amended]
                                                                                                         Regulatory Notices and Analyses
                                                 filed in the docket.                                                                                          Sugarloaf Regional Airport
                                                                                                           The FAA has determined that this                      (Lat. 45°05′08″ N., long. 70°12′59″ W.)
                                                 Availability of NPRMs                                   proposed regulation only involves an                  Point in Space Coordinates
                                                   An electronic copy of this document                   established body of technical                           (Lat. 45°06′26″ N., long. 70°12′30″ W.)
                                                 may be downloaded through the                           regulations for which frequent and                      That airspace extending upward from 700
                                                                                                         routine amendments are necessary to
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 internet at http://www.regulations.gov.                                                                       feet above the surface of the earth within a
                                                 Recently published rulemaking                           keep them operationally current. It,                  6-mile radius of the Point in Space
                                                 documents can also be accessed through                  therefore: (1) is not a ‘‘significant                 Coordinates (lat. 45°06′26″ N., long.
                                                 the FAA’s Web page at http://                           regulatory action’’ under Executive                   70°12′30″ W.) serving the Sugarloaf Regional
                                                 www.faa.gov/air_traffic/publications/                   Order 12866; (2) is not a ‘‘significant               Airport, and within a 7-mile radius of the
                                                 airspace_amendments/.                                   rule’’ under DOT Regulatory Policies                  airport, and within 1 mile each side of the
                                                   You may review the public docket                      and Procedures (44 FR 11034; February                 346° bearing from the airport, extending from
                                                 containing the proposal, any comments                   26, 1979); and (3) does not warrant                   the 7-mile radius to 14.3-miles north of the
                                                 received, and any final disposition in                  preparation of a Regulatory Evaluation                airport.



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                                                                     Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Proposed Rules                                            38859

                                                    Issued in College Park, Georgia, on August           improve the efficiency of registration                registration, section 408, specifies that,
                                                 8, 2017.                                                and mandatory deposit for both the                    in the case of published works, an
                                                 Ryan W. Almasy,                                         Office and copyright owners alike,                    application for registration must be
                                                 Manager, Operations Support Group, Eastern              ensuring that the Office has an adequate              accompanied by ‘‘two complete copies
                                                 Service Center, Air Traffic Organization.               registration record and continuing to                 or phonorecords of the best edition.’’ 17
                                                 [FR Doc. 2017–17257 Filed 8–15–17; 8:45 am]             make these works available to the                     U.S.C. 408(b)(2). To avoid duplication of
                                                 BILLING CODE 4910–13–P                                  Library of Congress when needed for                   deposits, section 408 specifies that
                                                                                                         use in its collections or other                       copies or phonorecords deposited under
                                                                                                         disposition. The Office invites public                section 407 ‘‘may be used to satisfy the
                                                 LIBRARY OF CONGRESS                                     comment on this proposal.                             deposit provisions’’ of section 408 if
                                                                                                         DATES: Comments on the proposed rule                  they ‘‘are accompanied by the
                                                 U.S. Copyright Office                                   must be made in writing and must be                   prescribed application and fee.’’ 17
                                                                                                         received by the Copyright Office no later             U.S.C. 408(b).
                                                 37 CFR Part 202                                         than October 2, 2017.                                    Because the same copies can
                                                                                                         ADDRESSES: For reasons of government                  potentially be used for both registration
                                                 [Docket No. 2017–9]
                                                                                                         efficiency, the Copyright Office is using             and mandatory deposit, the deposit
                                                 Simplifying Deposit Requirements for                    the regulations.gov system for the                    requirements set forth in sections 407
                                                 Certain Literary Works and Musical                      submission and posting of public                      and 408 are generally the same.
                                                 Compositions                                            comments in this proceeding. All                      Compare 17 U.S.C. 407(a)(1)–(2)
                                                                                                         comments are therefore to be submitted                (requiring two complete copies of the
                                                 AGENCY: U.S. Copyright Office, Library                                                                        best edition of the work for purposes of
                                                                                                         electronically through regulations.gov.
                                                 of Congress.                                                                                                  mandatory deposit) with 17 U.S.C.
                                                                                                         Specific instructions for submitting
                                                 ACTION: Notice of proposed rulemaking.                  comments are available on the                         408(b)(2) (requiring two complete copies
                                                                                                         Copyright Office Web site at https://                 of the best edition for the purpose of
                                                 SUMMARY:    The United States Copyright                                                                       registering a published work).
                                                 Office is proposing to amend the                        copyright.gov/rulemaking/singlecopy/.
                                                                                                         If electronic submission of comments is                  Sections 407 and 408 both give the
                                                 regulations governing the deposit                                                                             Register of Copyrights (the ‘‘Register’’)
                                                 requirements for certain types of literary              not feasible due to lack of access to a
                                                                                                                                                               broad authority to issue regulations
                                                 works and musical compositions.                         computer and/or the Internet, please
                                                                                                                                                               concerning the specific nature of the
                                                 Specifically, the proposed rule will                    contact the Office using the contact
                                                                                                                                                               copies that must be deposited, including
                                                 apply to certain types of ‘‘literary                    information below for special
                                                                                                                                                               the ability to exempt works from these
                                                 monographs,’’ which are defined, in                     instructions.
                                                                                                                                                               statutory requirements. As relevant
                                                 part, as literary works published in one                FOR FURTHER INFORMATION CONTACT:                      here, section 408 gives the Register
                                                 volume or a finite number of separate                   Robert J. Kasunic, Associate Register of              authority to ‘‘require or permit, for
                                                 volumes. The proposed rule also applies                 Copyrights and Director of Registration               particular classes [of works], . . . the
                                                 to musical compositions that are                        Policy and Practice, by email at rkas@                deposit of only one copy . . . where two
                                                 published in the United States in print                 loc.gov; Erik Bertin, Deputy Director of              would normally be required’’ for
                                                 formats—that is, compositions                           Registration Policy and Practice, by                  copyright registration. 17 U.S.C.
                                                 published as ‘‘copies’’ rather than solely              email at ebertin@loc.gov; or Cindy                    408(c)(1). Similarly, section 407 gives
                                                 as phonorecords, as referenced in the                   Abramson, Assistant General Counsel,                  the Register authority to issue
                                                 Copyright Act. Under the current                        by email at ciab@loc.gov. All can be                  regulations that ‘‘require [the] deposit of
                                                 regulations, two copies of the best                     reached by telephone by calling 202–                  only one copy’’ for the purpose of
                                                 edition are generally needed to register                707–8040.                                             mandatory deposit. 17 U.S.C. 407(c).
                                                 these types of works and to comply with                 SUPPLEMENTARY INFORMATION:                               The legislative history confirms that
                                                 the mandatory deposit requirement.                                                                            Congress intended the Register to
                                                 Under the proposed rule, copyright                      Background                                            exercise this authority when needed to
                                                 owners will be able to satisfy both                        Under section 407 of the Copyright                 improve efficiencies within the
                                                 requirements for literary monographs by                 Act, when a work is published in the                  Copyright Office. In explaining the
                                                 submitting one copy of the best edition                 United States, the copyright owner or                 Register’s authority under section 407,
                                                 of the work, although the Office will                   the owner of the exclusive right of                   Congress expressed the desire ‘‘to make
                                                 retain the right to demand a second                     publication is generally required to                  the deposit requirements as flexible as
                                                 copy under the mandatory deposit                        deposit two complete copies of the best               possible, so that there will be no
                                                 provision should the Library need it.                   edition of that work with the U.S.                    obligation to make deposits where it
                                                 Copyright owners will also be able to                   Copyright Office within three months                  serves no purpose, so that only one copy
                                                 satisfy both requirements for certain                   after publication. 17 U.S.C. 407. ‘‘The               or phonorecord may be deposited where
                                                 musical compositions by submitting one                  ‘best edition’ of a work’’ is defined as              two are not needed, and so that
                                                 copy of the best edition. As part of these              ‘‘the edition, published in the United                reasonable adjustments can be made to
                                                 changes, the proposed rule also clarifies               States at any time before the date of                 meet practical needs in special cases.’’
                                                 the deposit requirements for musical                    deposit, that the Library of Congress                 H.R. Rep. No. 94–1476, at 151 (1976).
                                                 compositions published both in print                    determines to be most suitable for its                Similarly, the legislative history for
                                                 and phonorecord formats. For musical                                                                          section 408 explains that the ‘‘[d]eposit
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                         purposes.’’ 17 U.S.C. 101. The Act
                                                 works (i.e., musical compositions)                      provides that copies deposited with the               of one copy . . . rather than two would
                                                 published in both formats, the Office                   Office under section 407 are ‘‘for the use            probably be justifiable . . . in any case
                                                 will require the submission of the print                or disposition of the Library of                      where the Library of Congress has no
                                                 version for purposes of copyright                       Congress.’’ 17 U.S.C. 407(b). This is                 need for the deposit’’ or where the
                                                 registration. If the musical composition                known as the ‘‘mandatory deposit’’                    copies ‘‘are bulky, unwieldy . . . or
                                                 is published only as a phonorecord, the                 requirement.                                          otherwise impractical to file and retain
                                                 applicant should submit the                                Separately, the Copyright Act’s                    as records identifying the work
                                                 phonorecord. All of these changes will                  provision governing copyright                         registered.’’ Id. at 154.


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Document Created: 2017-08-16 10:26:50
Document Modified: 2017-08-16 10:26:50
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 October 2, 2017.
ContactJohn Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
FR Citation82 FR 38857 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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