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Proposed Rules Federal Register

Vol. 71, No. 38

Monday, February 27, 2006

This section of the FEDERAL REGISTER Comments that provide the factual basis and Oceanic Service Area Office,
contains notices to the public of the proposed supporting the views and suggestions Airspace Branch, 1601 Lind Avenue,
issuance of rules and regulations. The presented are particularly helpful in SW., Renton, WA 98055.
purpose of these notices is to give interested developing reasoned regulatory decision Persons interested in being placed on
persons an opportunity to participate in the on the proposal. Comments are a mailing list for future NPRMs should
rule making prior to the adoption of the final contact the FAA’s Office of Rulemaking,
specifically invited on the overall
regulatory, aeronautical, economic, 202–267–9677, to request a copy of
environmental, and energy-related Advisory Circular No. 11–2A, Notice of
DEPARTMENT OF TRANSPORTATION aspects of the proposals. Proposed Rulemaking Distribution
Communications should identify System, which describes the application
Federal Aviation Administration Docket FAA 05–23361; Airspace Docket procedures.
05–ANM–17, and be submitted in
The Proposal
14 CFR Part 71 triplicate to the Docket Management
System at the address listed above. You This action would amend Title 14
[Docket FAA 05–23361; Airspace Docket may also submit comments through the Code of Federal Regulations (14 CFR)
05–ANM–17] part 71 by revising Class E airspace at
Internet at http://dms.dot.gov.
Commenters wishing the FAA to Pinedale, WY. Additional controlled
Proposed Revision to Class E airspace is necessary to accommodate
acknowledge receipt of their comments
Airspace; Pinedale, WY aircraft executing new RNAV GPS
on this action must submit with those
AGENCY: Federal Aviation comments a self-addressed stamped approach procedures at Pinedale/Ralph
Administration (FAA), DOT. postcard on which the following Wenz Field. Controlled airspace is
ACTION: Notice of proposed rulemaking. statement is made: ‘‘Comments to necessary where there is a requirement
Docket FAA 05–23361; Airspace Docket for IFR services, which include arrival,
SUMMARY: This proposal would revise 05–ANM–17’’. The postcard will be departure, and transitioning to/from the
Class E airspace at Pinedale, WY. date/time stamped and returned to the terminal or en route environment. Class
Additional controlled airspace is commenter. All communications E airspace designations are published in
necessary to accommodate aircraft received on or before the specified paragraph 6005 of FAA Order 7400.9N
executing new Area Navigation (RNAV) closing date for comments will be dated September 1, 2005, and effective
Global Positioning System (GPS) considered before action is taken on the September 15, 2005, which is
approach procedures at Pinedale/Ralph proposed rule. The proposal contained incorporated by reference in 14 CFR
Wenz Field. This action would improve in this action may be changed in light part 71.1. The Class E airspace
the safety of Instrument Flight Rules of comments received. All comments designation listed in this document will
(IFR) aircraft executing these new submitted will be available for be published subsequently in this order.
procedures at Pinedale/Ralph Wenz examination in the public docket both The FAA has determined that this
Field, Pinedale, WY. before and after the closing date for proposed regulation only involves an
DATES: Comments must be received on comments. A report summarizing each established body of technical
or before April 13, 2006. substantive public contact with FAA regulations for which frequent and
ADDRESSES: Send comments on this personnel concerned with this routine amendments are necessary to
proposal to the Docket Management rulemaking will be filed in the docket. keep them operationally current.
System, U.S. Department of Therefore, this proposed regulation: (1)
Availability of NPRM is not a ‘‘significant regulatory action’’
Transportation, Room Plaza 401, 400
An electronic copy of this document under Executive Order 12866; (2) is not
Seventh Street, SW., Washington, DC may be downloaded through the
20590–0001. You must identify the a ‘‘significant rule’’ under DOT
Internet at http://dms.dot.gov. Recently Regulatory Policies and Procedures (44
docket number, FAA 05–23361; published rulemaking documents can
Airspace Docket 05–ANM–17, at the FR 11034; February 26, 1979); and (3)
also be accessed through the FAA’s Web does not warrant preparation of a
beginning of your comments. You may page at http://www.faa.gov or the
also submit comments through the regulatory evaluation as the anticipated
Federal Register’s Web page at http:// impact is so minimal. Since this a
Internet at http://dms.dot.gov. gpoaccess.gov/fr/index.html. routine matter that will only affect air
FOR FURTHER INFORMATION CONTACT: Ed You may review the public docket traffic procedures and air navigation, it
Haeseker at the Federal Aviation containing the proposal, any comments is certified that this proposed rule
Administration, Air Traffic received, and any final dispositions in would not have a significant economic
Organization, Western En Route and person in the Docket Office between 9 impact on a substantial number of small
Oceanic Service Area Office, 1601 Lind a.m. and 5 p.m., Monday through entities under the criteria of the
Avenue, SW., Renton, WA 98055; Friday, except Federal holidays. The Regulatory Flexibility Act.
telephone 425–227–2527. Docket Office (telephone number 800–
SUPPLEMENTARY INFORMATION: 647–5527) is on the plaza level of the List of Subjects in 14 CFR Part 71
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Department of Transportation, Nassif Airspace, Incorporation by reference,

Comments Invited Building at the above address. An Navigation (air).
Interested parties are invited to informal docket may also be examined
participate in this proposed rulemaking during normal business hours at the The Proposed Amendment
by submitting such written data, views, Federal Aviation Administration, Air Accordingly, pursuant to the
or arguments, as they may desire. Traffic Organization, Western En Route authority delegated to me, the Federal

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Federal Register / Vol. 71, No. 38 / Monday, February 27, 2006 / Proposed Rules 9741

Aviation Administration proposes to DEPARTMENT OF ENERGY 20426. (202) 502–8273.

amend 14 CFR part 71 as follows: Mark.Higgins@ferc.gov.
CLASS B, CLASS C, CLASS D, AND Before Commissioners: Joseph T.
CLASS E AIRSPACE AREAS; 18 CFR Parts 35 and 284 Kelliher, Chairman; Nora Mead
AIRWAYS; ROUTES; AND REPORTING Brownell, and Suedeen G. Kelly
POINTS [Docket No. RM06–14–000] 1. The Federal Energy Regulatory
Commission is proposing to revise
1. The authority citation for 14 CFR Revisions to Record Retention
§§ 284.288(b) and 284.403(b) of its codes
Requirements for Unbundled Sales
part 71 continues to read as follows: of conduct regulations,1 as promulgated
Service, Persons Holding Blanket
Authority: 49 U.S.C. 106(g), 40103, 40113, pursuant to Order No. 644.2 Sections
Marketing Certificates, and Public
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 284.288(b) and 284.403(b) of the codes
Utility Market-Based Rate
1963 Comp., p. 389. of conduct regulations require sellers to
Authorization Holders
maintain certain records for a period of
§ 71.1 [Amended] Issued February 16, 2006. three years to reconstruct prices charged
AGENCY: Federal Energy Regulatory for natural gas. Similarly, the
2. The incorporation by reference in Commission is proposing to revise new
14 CFR 71.1 of the Federal Aviation Commission.
§ 35.37(d) of the Commission’s
Administration Order 7400.9N, ACTION: Notice of proposed rulemaking.
regulations. Section 35.37(d) is the
Airspace Designations and Reporting codification of former Market Behavior
SUMMARY: The Federal Energy
Points, dated September 1, 2005, and Rule 5.3 Section 35.37(d) requires that
Regulatory Commission (Commission) is
effective September 15, 2005, is proposing to amend its regulations sellers retain for a minimum three-year
amended as follows: regarding the blanket certificates for period all data and information upon
* * * * * unbundled natural gas sales services which they billed the prices charged for
held by interstate natural gas pipelines, electricity and related products in sales
Paragraph 6005 Class E Airspace areas made under their market-based rate
extending upward from 700 feet or more the blanket marketing certificates held
by persons making sales for resale of tariffs and authorizations or in
above the surface of the earth.
natural gas at negotiated rates in transactions the prices of which were
* * * * * reported to price index publishers.4
interstate commerce and the market-
ANM WY E5 Pinedale, WY [Revised] based rate authorizations held by certain Subsequent to the issuance of Order No.
sellers of electricity and related 644 and the Market Behavior Rules
Pinedale/Ralph Wenz Field, WY Order, Congress provided the
(Lat. 42°47′44″ N., long. 109°48′26″ W.) products. Specifically, the Commission
is proposing to extend the record Commission with specific anti-
Big Piney VOR/DME manipulation authority in the Energy
(Lat. 42°34′46″ N., long. 110°06′33″ W.) retention requirement in the sections of
Wenz NDB the Commission’s regulations that apply 1 18 CFR 284.288(b) and 284.403(b) (2005). In a
(Lat. 42°47′50″ N., long. 109°48′13″ W.) to such sellers from three to five years. Final Rule in Docket No. RM06–5–000 issued
The airspace extending upward from 700 DATES: Comments are due March 29, simultaneously with this notice of proposed
2006. rulemaking (NOPR), the Commission is
feet above the surface within 4.3 miles each redesignating sections 284.288(c) and 284.403(c) of
side of a direct line between the Big Piney ADDRESSES: You may submit comments, the Commission’s regulations as sections 284.288(b)
VOR/DME and the Wenz NDB extending identified by docket number, by any of and 284.403(b), respectively. Unless otherwise
from the VOR/DME to a point 4.3 miles specified, this NOPR will refer to these sections on
the following methods: record retention under their new designations,
northeast of the NDB, and within 3.1 miles • Agency Web site: http:// sections 284.288(b) and 284.403(b).
each side of the 323° bearing and 4.0 miles www.ferc.gov. Follow the instructions 2 Amendments to Blanket Sales Certificates, 105
each side of the 303° bearing to the Wenz for submitting comments electronically FERC ¶ 61,217 (2003), reh’g denied 107 FERC
NDB extending to 13 miles southeast of the via the eFiling link on the Commission’s ¶ 61,174; 68 FR 66323 (Nov. 26, 2003); 18 CFR
NDB, and 4.0 miles either side of the 123° 284.288 and 284.403 (2003) (Order No. 644). Order
Web site at http://www.ferc.gov. No. 644 is currently on appeal. See Cinergy
bearing to the Wenz NDB extending to 10
• Mail: Commenters unable to file Marketing & Trading, L.P. v. FERC, No. 04–1168 et
miles northwest of the NDB; that airspace al. (DC Cir. April 28, 2004).
comments electronically must send an
extending upward from 1,200 feet above the 3 Concurrently herewith, the Commission is
original and 14 copies of their
surface beginning at lat. 43°00′00″ N., long. codifying certain Market Behavior Rules, including
comments to: Federal Energy Regulatory Market Behavior Rule 5, which are currently tariff
110°30′00″ W., thence east to lat. 43°00′00″
Commission, Secretary of the conditions for market-based rate sellers of
N., long. 109°45′00″ W., thence southeast to
Commission, 888 First Street, NE., electricity and related products. Conditions for
lat. 42°30′00″ N., long. 109°11′00″ W., thence Public Utility Market-Based Rate Authorization
southwest to lat. 42°00′00″ N., long.
Washington, DC 20426. Refer to the
Holders, Docket No. RM06–13–000 (February 16,
109°50′00″ W., thence west to lat. 42°00′00″
Comment Procedures section of the 2006) (Market Behavior Rules Codification Order).
N., long. 110°00′00″ W., thence northwest to
preamble for additional information on The Commission had promulgated Market Behavior
point of beginning. how to file comments. Rule 5 along with the other Market Behavior Rules
in the Market Behavior Rules Order. Investigation
FOR FURTHER INFORMATION CONTACT: of Terms and Conditions of Public Utility Market-
* * * * *
Frank Karabetsos, Office of General Based Rate Authorizations, ‘‘Order Amending
Issued in Seattle, Washington, on February Counsel, Federal Energy Regulatory Market-Based Rate Tariffs and Authorizations,’’ 105
3, 2006. FERC ¶ 61,218 (2003), reh’g denied, 107 FERC
Commission, 888 First Street, NE., ¶ 61,175 (2004) (Market Behavior Rules Order). The
Clark Desing,
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Washington, DC 20426. (202) 502– Market Behavior Rules are currently on appeal.
Acting Area Director, Western En Route and 8133. Frank.Karabetsos@ferc.gov. Cinergy Marketing & Trading, L.P. v. FERC, Nos.
Oceanic Operations. Mark Higgins, Office of Market 04–1168 et al. (DC Cir. April 28, 2004). Unless
otherwise specified, this NOPR will refer to this
[FR Doc. 06–1761 Filed 2–24–06; 8:45 am] Oversight and Investigations, Federal rule on record retention under its new designation,
BILLING CODE 4910–13–M Energy Regulatory Commission, 888 section 35.37(d).
First Street, NE., Washington, DC 4 18 CFR 35.37(d).

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