[Federal Register: July 27, 2006 (Volume 71, Number 144)]
[Rules and Regulations]
[Page 42587-42592]
[DOCID:fr27jy06-6]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM02-12-002; Order No. 2006-B]

Standardization of Small Generator Interconnection Agreements and
Procedures

Issued July 20, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Order on clarification.

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SUMMARY: The Federal Energy Regulatory Commission clarifies one issue
regarding Order No. 2006-A. Order Nos. 2006-A and 2006 require all
public utilities that own, control, or operate facilities for
transmitting electric energy in interstate commerce to file revised
open access transmission tariffs containing standard small generator
interconnection procedures and a standard small generator
interconnection agreement, and to provide interconnection service under
them to small generating facilities of no more than 20 megawatts.

DATES: Effective Date: August 28, 2006.

FOR FURTHER INFORMATION CONTACT: Michael G. Henry (Legal Information),
Office of the General Counsel, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426.<PHONE_NUMBER>.
    Kirk F. Randall, Office of Energy Markets and Reliability, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell,
and Suedeen G. Kelly; Order on Clarification

I. Introduction

    1. This order grants a request for clarification of Order No. 2006-
A submitted by Southern California Edison (SoCal Edison).\1\ Order Nos.
2006 and 2006-A require that all public utilities that own, control, or
operate facilities used for transmitting electric energy in interstate
commerce \2\ have on file with the Commission standard generator
interconnection procedures (pro forma SGIP) and a standard small
generator interconnection agreement (pro forma SGIA) for
interconnecting with the Transmission Provider's Transmission System
any Small Generating Facility capable of producing no more than 20
megawatts of power.\3\ Order No. 2006 requires that all public
utilities subject to it modify their open access transmission tariffs
(OATTs) to include the pro forma SGIP and pro forma SGIA. On November
22, 2005, the Commission issued Order No. 2006-A, which modified
portions of Order No. 2006.\4\
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    \1\ Standardization of Small Generator Interconnection
Agreements and Procedures, Order No. 2006, 70 FR 34189 (June 13,
2005), FERC Stats. & Regs. ] 31,180 (2005) (Order No. 2006), order
on reh'g, Order No. 2006A, 70 FR 71760 (November 30, 2005), FERC
Stats. & Regs. ] 31,196 (2005).
    \2\ A public utility is a utility that owns, controls, or
operates facilities used for transmitting electric energy in
interstate commerce, as defined in section 201(e) of the Federal
Power Act (FPA). 16 U.S.C. 824(e) (2000). A non-public utility that
seeks voluntary compliance with the reciprocity condition of an open
access transmission tariff may satisfy that condition by adopting
these procedures and agreement, or by filing interconnection rules
that substantially conform with, or are superior to, the pro forma
SGIP and pro forma SGIA.
    \3\ Capitalized terms used in this order have the meanings
specified in the Glossaries of Terms or the text of the pro forma
SGIP or the pro forma SGIA. Small Generating Facility means the
device for which the Interconnection Customer (the owner or operator
of the Small Generating Facility) has requested interconnection. The
utility with which the Small Generating Facility is interconnecting
is the Transmission Provider. A Small Generating Facility is a
device used for the production of electricity having a capacity of
no more than 20 megawatts. The interconnection process begins when
the Interconnection Customer submits an application for
interconnection (Interconnection Request) to the Transmission
Provider.
    \4\ Comparable documents for generators larger than 20 megawatts
in size are set forth in Order No. 2003 and are referred to as the
LGIP and LGIA. See Standardization of Generator Interconnection
Agreements and Procedures, Order No. 2003, 68 FR 49845 (August 19,
2003), FERC Stats. & Regs. ] 31,146 (2003) (Order No. 2003), order
on reh'g, Order No. 2003-A, 69 FR 15932 (March 26, 2004), FERC
Stats. & Regs. ] 31,160 (2004) (Order No. 2003-A), order on reh'g,
Order No. 2003-B, 70 FR 265 (January 4, 2005), FERC Stats. & Regs. ]
31,171 (2005) (Order No. 2003-B), order on reh'g, Order No. 2003-C,
70 FR 37661 (June 30, 2005), FERC Stats. & Regs. ] 31,190 (2005)
(Order No. 2003-C); see also Notice Clarifying Compliance
Procedures, 106 FERC ] 61,009 (2004).
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II. Background

    2. Under Order No. 2006, if the proposed interconnection of the
Interconnection Customer's Small Generating Facility with the
Transmission Provider's Transmission System does not qualify for review
under the accelerated Fast Track Process or the 10 kW Inverter Process,
it is evaluated using industry-standard interconnection studies. These
studies--the Feasibility Study, the System Impact Study, and the
Facilities Study--are performed by the Transmission Provider under the
pro forma study agreements in the pro forma SGIP. These study
agreements, to be signed by the Transmission Provider and
Interconnection Customer, are similar to, but less complex than,
similar agreements for Large Generators contained in Order No. 2003.
The Commission developed the pro forma SGIP and SGIA to offer a simple
process for interconnecting Small Generating Facilities with the
nation's electric grid.\5\ To this end, the three pro forma SGIP study
agreements did not include boilerplate contract provisions

addressing issues such as waiver, amendment, and governing law.
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    \5\ See Order No. 2006 at P 1, 509.
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III. Request for Clarification

    3. Previously, in its request for rehearing of Order No. 2006,
SoCal Edison urged the Commission to adopt miscellaneous boilerplate
contract provisions in the pro forma study agreements. It proposed that
the Commission include in the pro forma study agreements the
miscellaneous provisions contained in article 12 of the pro forma SGIA.
The Commission did not address this issue in Order No. 2006-A, and on
rehearing of that order, SoCal Edison repeats its request.
Commission Conclusion
    4. We agree with SoCal Edison that the pro forma SGIP study
agreements should contain standard legal terms and conditions. Although
these added provisions will lengthen the study agreements, we conclude
that their inclusion will benefit both generators and Transmission
Providers. Since the period of time between when the study agreements
are signed and when the studies are complete is short, we expect that
including standard legal protections will clarify each party's legal
rights under the study agreements and minimize disputes.
    5. We agree with SoCal Edison that certain of the provisions in
article 12 of the SGIA provide the necessary clarity and legal
protections to the parties, and will therefore adopt several of those
provisions, with some minor editorial revisions, into each study
agreement. Specifically, we will add to each study agreement articles
12.1 through 12.4 and 12.6 through 12.8 (including provisions on
governing law, amendment, third-party beneficiaries, waiver, multiple
counterparts, partnership, and severability); as well as articles 12.11
and 12.12 (subcontractors and reservation of rights).\6\ We will not
include article 12.9 (security arrangements) or article 12.10
(environmental releases) since neither of these provisions is relevant
during the study phase of an interconnection project. Nor do we include
article 12.5 (entirety of agreement), since it suggests that the SGIP
may not be used to interpret the parties' obligations under the study
agreements. The new provisions will become articles 13 through 21 of
the Feasibility Study Agreement and the System Impact Study Agreement;
and articles 11 through 19 of the Facilities Study Agreement. While
this will increase the length of each study agreement, the increase in
certainty justifies the inclusion of additional legal boilerplate.
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    \6\ The revised study agreements (not including unchanged
attachments) are included as Appendices 1-3 to this order.
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    6. We also clarify that section 4 of the pro forma SGIP (dealing
with matters such as dispute resolution, confidentiality, record
retention, etc.) also applies to the interconnection study process.
These provisions, along with the contractual provisions being added to
the study agreements themselves, provide the parties with a way to
resolve disputes and the necessary legal protections should a dispute
arise.

IV. Additional Changes to the SGIA

    7. Finally, we note that articles 1.1 through 1.4 of the pro forma
SGIA are not listed in the pro forma SGIA's Table of Contents. We will
correct that here. The corrections to article 1 of the Table of
Contents are included as Appendix 4 of this order.

V. Compliance

    8. As in Order No. 2006, the tariffs of non-independent
Transmission Providers will be deemed to have been modified to include
the revised pro forma SGIP study agreements and SGIA on the effective
date of this order. The non-independent Transmission Provider is not
required to make any additional filing before it is otherwise required
to do so by Order No. 2006.\7\ If a non-independent Transmission
Provider seeks to modify the pro forma study agreements it must make an
FPA section 205 filing explaining why its changes are ``consistent with
or superior to'' the Commission's pro forma study agreements.\8\
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    \7\ See Order No. 2006 at P 544 (stating that a non-independent
Transmission Provider wishing to adopt the pro forma SGIP and pro
forma SGIA without modification may wait until it complies with the
Commission's Electronic Tariff Filings rulemaking); see also
Electronic Tariff Filings, Notice of Proposed Rulemaking, 69 FR
43929 (Jul. 23, 2004), FERC Stats. & Regs. ] 32,575 (2004).
    \8\ See Order No. 2006 at P 546.
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    9. Independent Transmission Providers will be given an additional
60 days after the effective date of this order to make conforming
changes. If the Commission has already acted on the independent
Transmission Provider's Order Nos. 2006 and 2006-A compliance filing by
the effective date of this order, the independent Transmission Provider
must make a new compliance filing to incorporate the new provisions (or
request variation). If the Commission has not yet acted on the
independent Transmission Provider's Order Nos. 2006 or 2006-A
compliance filings, the independent Transmission Provider must submit
an amendment to its pending filing. Independent Transmission Providers
that have been given an extension of time to make Order Nos. 2006 and
2006-A compliance filings beyond the effective date of this order must
include the changes to their study agreements in that filing.
    10. Any study agreements signed before the effective date of this
order are grandfathered and need not be revised to include the
revisions set forth in this order. All study agreements signed on or
after the effective date of this order must include the revisions set
forth in this order.

VI. Information Collection Statement

    11. Order Nos. 2006 and 2006-A contain information collection
requirements for which the Commission obtained approval from the Office
of Management and Budget (OMB). The OMB Control Number for this
collection of information is 1902-0203. By clarifying the provisions of
Order Nos. 2006 and 2006-A, this order does not make substantive
modifications to the Commission's information collection requirements
and, accordingly, OMB approval for this order is not necessary.
However, the Commission will send a copy of this order to OMB for
informational purposes.

VII. Document Availability

    12. The Commission will publish the full text of this document in
the Federal Register. Interested persons also may obtain this document
from the Commission's Public Reference Room during normal business
hours (8:30 a.m. to 5 p.m. Eastern Time) at 888 First Street, NE., Room
2A, Washington, DC. This document is also available electronically from
the Commission's eLibrary system (http://www.ferc.gov/docs-filing/elibrary.asp
) in PDF and Microsoft Word format. To access this document

in eLibrary, type ``RM02-12'' in the docket number field and specify a
date range that includes this document's issuance date. User assistance
is available for eLibrary and the Commission's Web site during normal
business hours from the Commission's Help Line at<PHONE_NUMBER> or the
Public Reference Room at<PHONE_NUMBER> Press 0, TTY<PHONE_NUMBER>. E-mail
the Public Reference Room at<EMAIL_ADDRESS>
VIII. Effective Date

    13. Changes to Order Nos. 2006 and 2006-A made in this Order on
Rehearing will become effective on August 28, 2006.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.

    By the Commission.
Magalie R. Salas,
Secretary.

    Note: The following appendices will not appear in the Code of
Federal Regulations.

Appendix 1: Revised Feasibility Study Agreement

Attachment 6

Feasibility Study Agreement

    THIS AGREEMENT is made and entered into this ------day of------
---------- 20---- by and between---------------------------- , a --
------------organized and existing under the laws of the State of--
------------------ , (``Interconnection Customer,'') and------------
---------------- , a --------------; existing under the laws of the
State of-------------------- , (``Transmission Provider'').
Interconnection Customer and Transmission Provider each may be
referred to as a ``Party,'' or collectively as the ``Parties.''

Recitals

    WHEREAS, Interconnection Customer is proposing to develop a
Small Generating Facility or generating capacity addition to an
existing Small Generating Facility consistent with the
Interconnection Request completed by Interconnection Customer on --
------------------ ; and
    WHEREAS, Interconnection Customer desires to interconnect the
Small Generating Facility with the Transmission Provider's
Transmission System; and
    WHEREAS, Interconnection Customer has requested the Transmission
Provider to perform a feasibility study to assess the feasibility of
interconnecting the proposed Small Generating Facility with the
Transmission Provider's Transmission System, and of any Affected
Systems;
    NOW, THEREFORE, in consideration of and subject to the mutual
covenants contained herein the Parties agreed as follows:
    1.0 When used in this Agreement, with initial capitalization,
the terms specified shall have the meanings indicated or the
meanings specified in the standard Small Generator Interconnection
Procedures.
    2.0 The Interconnection Customer elects and the Transmission
Provider shall cause to be performed an interconnection feasibility
study consistent the standard Small Generator Interconnection
Procedures in accordance with the Open Access Transmission Tariff.
    3.0 The scope of the feasibility study shall be subject to the
assumptions set forth in Attachment A to this Agreement.
    4.0 The feasibility study shall be based on the technical
information provided by the Interconnection Customer in the
Interconnection Request, as may be modified as the result of the
scoping meeting. The Transmission Provider reserves the right to
request additional technical information from the Interconnection
Customer as may reasonably become necessary consistent with Good
Utility Practice during the course of the feasibility study and as
designated in accordance with the standard Small Generator
Interconnection Procedures. If the Interconnection Customer modifies
its Interconnection Request, the time to complete the feasibility
study may be extended by agreement of the Parties.
    5.0 In performing the study, the Transmission Provider shall
rely, to the extent reasonably practicable, on existing studies of
recent vintage. The Interconnection Customer shall not be charged
for such existing studies; however, the Interconnection Customer
shall be responsible for charges associated with any new study or
modifications to existing studies that are reasonably necessary to
perform the feasibility study.
    6.0 The feasibility study report shall provide the following
analyses for the purpose of identifying any potential adverse system
impacts that would result from the interconnection of the Small
Generating Facility as proposed:
    6.1 Initial identification of any circuit breaker short circuit
capability limits exceeded as a result of the interconnection;
    6.2 Initial identification of any thermal overload or voltage
limit violations resulting from the interconnection;
    6.3 Initial review of grounding requirements and electric system
protection; and
    6.4 Description and non-binding estimated cost of facilities
required to interconnect the proposed Small Generating Facility and
to address the identified short circuit and power flow issues.
    7.0 The feasibility study shall model the impact of the Small
Generating Facility regardless of purpose in order to avoid the
further expense and interruption of operation for reexamination of
feasibility and impacts if the Interconnection Customer later
changes the purpose for which the Small Generating Facility is being
installed.
    8.0 The study shall include the feasibility of any
interconnection at a proposed project site where there could be
multiple potential Points of Interconnection, as requested by the
Interconnection Customer and at the Interconnection Customer's cost.
    9.0 A deposit of the lesser of 50 percent of good faith
estimated feasibility study costs or earnest money of $1,000 may be
required from the Interconnection Customer.
    10.0 Once the feasibility study is completed, a feasibility
study report shall be prepared and transmitted to the
Interconnection Customer. Barring unusual circumstances, the
feasibility study must be completed and the feasibility study report
transmitted within 30 Business Days of the Interconnection
Customer's agreement to conduct a feasibility study.
    11.0 Any study fees shall be based on the Transmission
Provider's actual costs and will be invoiced to the Interconnection
Customer after the study is completed and delivered and will include
a summary of professional time.
    12.0 The Interconnection Customer must pay any study costs that
exceed the deposit without interest within 30 calendar days on
receipt of the invoice or resolution of any dispute. If the deposit
exceeds the invoiced fees, the Transmission Provider shall refund
such excess within 30 calendar days of the invoice without interest.
    13.0 Governing Law, Regulatory Authority, and Rules: The
validity, interpretation and enforcement of this Agreement and each
of its provisions shall be governed by the laws of the state of ----
---------------- (where the Point of Interconnection is located),
without regard to its conflicts of law principles. This Agreement is
subject to all Applicable Laws and Regulations. Each Party expressly
reserves the right to seek changes in, appeal, or otherwise contest
any laws, orders, or regulations of a Governmental Authority.
    14.0 Amendment: The Parties may amend this Agreement by a
written instrument duly executed by both Parties.
    15.0 No Third-Party Beneficiaries: This Agreement is not
intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations,
associations, or entities other than the Parties, and the
obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and where permitted, their
assigns.
    16.0 Waiver
    16.1 The failure of a Party to this Agreement to insist, on any
occasion, upon strict performance of any provision of this Agreement
will not be considered a waiver of any obligation, right, or duty
of, or imposed upon, such Party.
    16.2 Any waiver at any time by either Party of its rights with
respect to this Agreement shall not be deemed a continuing waiver or
a waiver with respect to any other failure to comply with any other
obligation, right, duty of this Agreement. Termination or default of
this Agreement for any reason by Interconnection Customer shall not
constitute a waiver of the Interconnection Customer's legal rights
to obtain an interconnection from the Transmission Provider. Any
waiver of this Agreement shall, if requested, be provided in
writing.
    17.0 Multiple Counterparts: This Agreement may be executed in
two or more counterparts, each of which is deemed an original but
all constitute one and the same instrument.
    18.0 No Partnership: This Agreement shall not be interpreted or
construed to create an association, joint venture, agency
relationship, or partnership between the Parties or to impose any
partnership obligation or partnership liability upon either Party.
Neither Party shall have any right, power or authority to enter into
any agreement or undertaking for, or act on behalf of, or to act as
or be an agent or representative of, or to otherwise bind, the other
Party.
    19.0 Severability: If any provision or portion of this Agreement
shall for any reason be held or adjudged to be invalid or illegal or
unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or

provision shall be deemed separate and independent, (2) the Parties
shall negotiate in good faith to restore insofar as practicable the
benefits to each Party that were affected by such ruling, and (3)
the remainder of this Agreement shall remain in full force and
effect.
    20.0 Subcontractors: Nothing in this Agreement shall prevent a
Party from utilizing the services of any subcontractor as it deems
appropriate to perform its obligations under this Agreement;
provided, however, that each Party shall require its subcontractors
to comply with all applicable terms and conditions of this Agreement
in providing such services and each Party shall remain primarily
liable to the other Party for the performance of such subcontractor.
    20.1 The creation of any subcontract relationship shall not
relieve the hiring Party of any of its obligations under this
Agreement. The hiring Party shall be fully responsible to the other
Party for the acts or omissions of any subcontractor the hiring
Party hires as if no subcontract had been made; provided, however,
that in no event shall the Transmission Provider be liable for the
actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection
Customer under this Agreement. Any applicable obligation imposed by
this Agreement upon the hiring Party shall be equally binding upon,
and shall be construed as having application to, any subcontractor
of such Party.
    20.2 The obligations under this article will not be limited in
any way by any limitation of subcontractor's insurance.
    21.0 Reservation of Rights: The Transmission Provider shall have
the right to make a unilateral filing with FERC to modify this
Agreement with respect to any rates, terms and conditions, charges,
classifications of service, rule or regulation under section 205 or
any other applicable provision of the Federal Power Act and FERC's
rules and regulations thereunder, and the Interconnection Customer
shall have the right to make a unilateral filing with FERC to modify
this Agreement under any applicable provision of the Federal Power
Act and FERC's rules and regulations; provided that each Party shall
have the right to protest any such filing by the other Party and to
participate fully in any proceeding before FERC in which such
modifications may be considered. Nothing in this Agreement shall
limit the rights of the Parties or of FERC under sections 205 or 206
of the Federal Power Act and FERC's rules and regulations, except to
the extent that the Parties otherwise agree as provided herein.
    IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed by their duly authorized officers or agents on the day
and year first above written.

[Insert name of Transmission Provider]

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Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

[Insert name of Interconnection Customer]

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Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

Appendix 2: Revised System Impact Study Agreement

Attachment 7

System Impact Study Agreement

    THIS AGREEMENT is made and entered into this ------ day of ----
------------ 20---- by and between ---------------------------- , a
-------------- organized and existing under the laws of the State of
-------------------- , (``Interconnection Customer,'') and --------
-------------------- , a -------------- existing under the laws of
the State of -------------------- , (''Transmission Provider'').
Interconnection Customer and Transmission Provider each may be
referred to as a ``Party,'' or collectively as the ``Parties.''

Recitals

    WHEREAS, the Interconnection Customer is proposing to develop a
Small Generating Facility or generating capacity addition to an
existing Small Generating Facility consistent with the
Interconnection Request completed by the Interconnection Customer on
-------------------- ; and
    WHEREAS, the Interconnection Customer desires to interconnect
the Small Generating Facility with the Transmission Provider's
Transmission System;
    WHEREAS, the Transmission Provider has completed a feasibility
study and provided the results of said study to the Interconnection
Customer (This recital to be omitted if the Parties have agreed to
forego the feasibility study.); and
    WHEREAS, the Interconnection Customer has requested the
Transmission Provider to perform a system impact study(s) to assess
the impact of interconnecting the Small Generating Facility with the
Transmission Provider's Transmission System, and of any Affected
Systems;
    NOW, THEREFORE, in consideration of and subject to the mutual
covenants contained herein the Parties agreed as follows:
    1.0 When used in this Agreement, with initial capitalization,
the terms specified shall have the meanings indicated or the
meanings specified in the standard Small Generator Interconnection
Procedures.
    2.0 The Interconnection Customer elects and the Transmission
Provider shall cause to be performed a system impact study(s)
consistent with the standard Small Generator Interconnection
Procedures in accordance with the Open Access Transmission Tariff.
    3.0 The scope of a system impact study shall be subject to the
assumptions set forth in Attachment A to this Agreement.
    4.0 A system impact study will be based upon the results of the
feasibility study and the technical information provided by
Interconnection Customer in the Interconnection Request. The
Transmission Provider reserves the right to request additional
technical information from the Interconnection Customer as may
reasonably become necessary consistent with Good Utility Practice
during the course of the system impact study. If the Interconnection
Customer modifies its designated Point of Interconnection,
Interconnection Request, or the technical information provided
therein is modified, the time to complete the system impact study
may be extended.
    5.0 A system impact study shall consist of a short circuit
analysis, a stability analysis, a power flow analysis, voltage drop
and flicker studies, protection and set point coordination studies,
and grounding reviews, as necessary. A system impact study shall
state the assumptions upon which it is based, state the results of
the analyses, and provide the requirement or potential impediments
to providing the requested interconnection service, including a
preliminary indication of the cost and length of time that would be
necessary to correct any problems identified in those analyses and
implement the interconnection. A system impact study shall provide a
list of facilities that are required as a result of the
Interconnection Request and non-binding good faith estimates of cost
responsibility and time to construct.
    6.0 A distribution system impact study shall incorporate a
distribution load flow study, an analysis of equipment interrupting
ratings, protection coordination study, voltage drop and flicker
studies, protection and set point coordination studies, grounding
reviews, and the impact on electric system operation, as necessary.
    7.0 Affected Systems may participate in the preparation of a
system impact study, with a division of costs among such entities as
they may agree. All Affected Systems shall be afforded an
opportunity to review and comment upon a system impact study that
covers potential adverse system impacts on their electric systems,
and the Transmission Provider has 20 additional Business Days to
complete a system impact study requiring review by Affected Systems.
    8.0 If the Transmission Provider uses a queuing procedure for
sorting or prioritizing projects and their associated cost
responsibilities for any required Network Upgrades, the system
impact study shall consider all generating facilities (and with
respect to paragraph 8.3 below, any identified Upgrades associated
with such higher queued interconnection) that, on the date the
system impact study is commenced--
    8.1 Are directly interconnected with the Transmission Provider's
electric system; or
    8.2 Are interconnected with Affected Systems and may have an
impact on the proposed interconnection; and
    8.3 Have a pending higher queued Interconnection Request to
interconnect with the Transmission Provider's electric system.
    9.0 A distribution system impact study, if required, shall be
completed and the results transmitted to the Interconnection
Customer within 30 Business Days after this Agreement is signed by
the Parties. A transmission system impact study, if required, shall
be completed and the results transmitted to the Interconnection
Customer within 45 Business Days after this Agreement is signed by
the Parties, or in accordance with the Transmission Provider's
queuing procedures.
    10.0 A deposit of the equivalent of the good faith estimated
cost of a distribution

system impact study and the one half the good faith estimated cost
of a transmission system impact study may be required from the
Interconnection Customer.
    11.0 Any study fees shall be based on the Transmission
Provider's actual costs and will be invoiced to the Interconnection
Customer after the study is completed and delivered and will include
a summary of professional time.
    12.0 The Interconnection Customer must pay any study costs that
exceed the deposit without interest within 30 calendar days on
receipt of the invoice or resolution of any dispute. If the deposit
exceeds the invoiced fees, the Transmission Provider shall refund
such excess within 30 calendar days of the invoice without interest.
    13.0 Governing Law, Regulatory Authority, and Rules: The
validity, interpretation and enforcement of this Agreement and each
of its provisions shall be governed by the laws of the state of ----
(where the Point of Interconnection is located), without regard to
its conflicts of law principles. This Agreement is subject to all
Applicable Laws and Regulations. Each Party expressly reserves the
right to seek changes in, appeal, or otherwise contest any laws,
orders, or regulations of a Governmental Authority.
    14.0 Amendment: The Parties may amend this Agreement by a
written instrument duly executed by both Parties.
    15.0 No Third-Party Beneficiaries: This Agreement is not
intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations,
associations, or entities other than the Parties, and the
obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and where permitted, their
assigns.
    16.0 Waiver
    16.1 The failure of a Party to this Agreement to insist, on any
occasion, upon strict performance of any provision of this Agreement
will not be considered a waiver of any obligation, right, or duty
of, or imposed upon, such Party.
    16.2 Any waiver at any time by either Party of its rights with
respect to this Agreement shall not be deemed a continuing waiver or
a waiver with respect to any other failure to comply with any other
obligation, right, duty of this Agreement. Termination or default of
this Agreement for any reason by Interconnection Customer shall not
constitute a waiver of the Interconnection Customer's legal rights
to obtain an interconnection from the Transmission Provider. Any
waiver of this Agreement shall, if requested, be provided in
writing.
    17.0 Multiple Counterparts: This Agreement may be executed in
two or more counterparts, each of which is deemed an original but
all constitute one and the same instrument.
    18.0 No Partnership: This Agreement shall not be interpreted or
construed to create an association, joint venture, agency
relationship, or partnership between the Parties or to impose any
partnership obligation or partnership liability upon either Party.
Neither Party shall have any right, power or authority to enter into
any agreement or undertaking for, or act on behalf of, or to act as
or be an agent or representative of, or to otherwise bind, the other
Party.
    19.0 Severability: If any provision or portion of this Agreement
shall for any reason be held or adjudged to be invalid or illegal or
unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shall be
deemed separate and independent, (2) the Parties shall negotiate in
good faith to restore insofar as practicable the benefits to each
Party that were affected by such ruling, and (3) the remainder of
this Agreement shall remain in full force and effect.
    20.0 Subcontractors: Nothing in this Agreement shall prevent a
Party from utilizing the services of any subcontractor as it deems
appropriate to perform its obligations under this Agreement;
provided, however, that each Party shall require its subcontractors
to comply with all applicable terms and conditions of this Agreement
in providing such services and each Party shall remain primarily
liable to the other Party for the performance of such subcontractor.
    20.1 The creation of any subcontract relationship shall not
relieve the hiring Party of any of its obligations under this
Agreement. The hiring Party shall be fully responsible to the other
Party for the acts or omissions of any subcontractor the hiring
Party hires as if no subcontract had been made; provided, however,
that in no event shall the Transmission Provider be liable for the
actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection
Customer under this Agreement. Any applicable obligation imposed by
this Agreement upon the hiring Party shall be equally binding upon,
and shall be construed as having application to, any subcontractor
of such Party.
    20.2 The obligations under this article will not be limited in
any way by any limitation of subcontractor's insurance.
    21.0 Reservation of Rights: The Transmission Provider shall have
the right to make a unilateral filing with FERC to modify this
Agreement with respect to any rates, terms and conditions, charges,
classifications of service, rule or regulation under section 205 or
any other applicable provision of the Federal Power Act and FERC's
rules and regulations thereunder, and the Interconnection Customer
shall have the right to make a unilateral filing with FERC to modify
this Agreement under any applicable provision of the Federal Power
Act and FERC's rules and regulations; provided that each Party shall
have the right to protest any such filing by the other Party and to
participate fully in any proceeding before FERC in which such
modifications
    IN WITNESS THEREOF, the Parties have caused this Agreement to be
duly executed by their duly authorized officers or agents on the day
and year first above written.

[Insert name of Transmission Provider]

-----------------------------------------------------------------------
Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

[Insert name of Interconnection Customer]

-----------------------------------------------------------------------
Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

Appendix 3: Revised Facilities Study Agreement

Attachment 8

Facilities Study Agreement

    THIS AGREEMENT is made and entered into this ------ day of ----
------------ 20 ---- by and between ---------------------------- , a
-------------- organized and existing under the laws of the State of
-------------------- , (``Interconnection Customer,'') and --------
-------------------- , a -------------- existing under the laws of
the State of -------------------- , (``Transmission Provider'').
Interconnection Customer and Transmission Provider each may be
referred to as a ``Party,'' or collectively as the ``Parties.''

Recitals

    WHEREAS, the Interconnection Customer is proposing to develop a
Small Generating Facility or generating capacity addition to an
existing Small Generating Facility consistent with the
Interconnection Request completed by the Interconnection Customer on
-------------------- ; and
    WHEREAS, the Interconnection Customer desires to interconnect
the Small Generating Facility with the Transmission Provider's
Transmission System;
    WHEREAS, the Transmission Provider has completed a system impact
study and provided the results of said study to the Interconnection
Customer; and
    WHEREAS, the Interconnection Customer has requested the
Transmission Provider to perform a facilities study to specify and
estimate the cost of the equipment, engineering, procurement and
construction work needed to implement the conclusions of the system
impact study in accordance with Good Utility Practice to physically
and electrically connect the Small Generating Facility with the
Transmission Provider's Transmission System.
    NOW, THEREFORE, in consideration of and subject to the mutual
covenants contained herein the Parties agreed as follows:
    1.0 When used in this Agreement, with initial capitalization,
the terms specified shall have the meanings indicated or the
meanings specified in the standard Small Generator Interconnection
Procedures.
    2.0 The Interconnection Customer elects and the Transmission
Provider shall cause a facilities study consistent with the standard
Small Generator Interconnection Procedures to be performed in
accordance with the Open Access Transmission Tariff.
    3.0 The scope of the facilities study shall be subject to data
provided in Attachment A to this Agreement.
    4.0 The facilities study shall specify and estimate the cost of
the equipment, engineering, procurement and construction work
(including overheads) needed to

implement the conclusions of the system impact study(s). The
facilities study shall also identify (1) the electrical switching
configuration of the equipment, including, without limitation,
transformer, switchgear, meters, and other station equipment, (2)
the nature and estimated cost of the Transmission Provider's
Interconnection Facilities and Upgrades necessary to accomplish the
interconnection, and (3) an estimate of the time required to
complete the construction and installation of such facilities.
    5.0 The Transmission Provider may propose to group facilities
required for more than one Interconnection Customer in order to
minimize facilities costs through economies of scale, but any
Interconnection Customer may require the installation of facilities
required for its own Small Generating Facility if it is willing to
pay the costs of those facilities.
    6.0 A deposit of the good faith estimated facilities study costs
may be required from the Interconnection Customer.
    7.0 In cases where Upgrades are required, the facilities study
must be completed within 45 Business Days of the receipt of this
Agreement. In cases where no Upgrades are necessary, and the
required facilities are limited to Interconnection Facilities, the
facilities study must be completed within 30 Business Days.
    8.0 Once the facilities study is completed, a facilities study
report shall be prepared and transmitted to the Interconnection
Customer. Barring unusual circumstances, the facilities study must
be completed and the facilities study report transmitted within 30
Business Days of the Interconnection Customer's agreement to conduct
a facilities study.
    9.0 Any study fees shall be based on the Transmission Provider's
actual costs and will be invoiced to the Interconnection Customer
after the study is completed and delivered and will include a
summary of professional time.
    10.0 The Interconnection Customer must pay any study costs that
exceed the deposit without interest within 30 calendar days on
receipt of the invoice or resolution of any dispute. If the deposit
exceeds the invoiced fees, the Transmission Provider shall refund
such excess within 30 calendar days of the invoice without interest.
    11.0 Governing Law, Regulatory Authority, and Rules: The
validity, interpretation and enforcement of this Agreement and each
of its provisions shall be governed by the laws of the state of ----
---------------- (where the Point of Interconnection is located),
without regard to its conflicts of law principles. This Agreement is
subject to all Applicable Laws and Regulations. Each Party expressly
reserves the right to seek changes in, appeal, or otherwise contest
any laws, orders, or regulations of a Governmental Authority.
    12.0 Amendment: The Parties may amend this Agreement by a
written instrument duly executed by both Parties.
    13.0 No Third-Party Beneficiaries: This Agreement is not
intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations,
associations, or entities other than the Parties, and the
obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and where permitted, their
assigns.
    14.0 Waiver
    14.1 The failure of a Party to this Agreement to insist, on any
occasion, upon strict performance of any provision of this Agreement
will not be considered a waiver of any obligation, right, or duty
of, or imposed upon, such Party.
    14.2 Any waiver at any time by either Party of its rights with
respect to this Agreement shall not be deemed a continuing waiver or
a waiver with respect to any other failure to comply with any other
obligation, right, duty of this Agreement. Termination or default of
this Agreement for any reason by Interconnection Customer shall not
constitute a waiver of the Interconnection Customer's legal rights
to obtain an interconnection from the Transmission Provider. Any
waiver of this Agreement shall, if requested, be provided in
writing.
    15.0 Multiple Counterparts: This Agreement may be executed in
two or more counterparts, each of which is deemed an original but
all constitute one and the same instrument.
    16.0 No Partnership: This Agreement shall not be interpreted or
construed to create an association, joint venture, agency
relationship, or partnership between the Parties or to impose any
partnership obligation or partnership liability upon either Party.
Neither Party shall have any right, power or authority to enter into
any agreement or undertaking for, or act on behalf of, or to act as
or be an agent or representative of, or to otherwise bind, the other
Party.
    17.0 Severability: If any provision or portion of this Agreement
shall for any reason be held or adjudged to be invalid or illegal or
unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shall be
deemed separate and independent, (2) the Parties shall negotiate in
good faith to restore insofar as practicable the benefits to each
Party that were affected by such ruling, and (3) the remainder of
this Agreement shall remain in full force and effect.
    18.0 Subcontractors: Nothing in this Agreement shall prevent a
Party from utilizing the services of any subcontractor as it deems
appropriate to perform its obligations under this Agreement;
provided, however, that each Party shall require its subcontractors
to comply with all applicable terms and conditions of this Agreement
in providing such services and each Party shall remain primarily
liable to the other Party for the performance of such subcontractor.
    18.1 The creation of any subcontract relationship shall not
relieve the hiring Party of any of its obligations under this
Agreement. The hiring Party shall be fully responsible to the other
Party for the acts or omissions of any subcontractor the hiring
Party hires as if no subcontract had been made; provided, however,
that in no event shall the Transmission Provider be liable for the
actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection
Customer under this Agreement. Any applicable obligation imposed by
this Agreement upon the hiring Party shall be equally binding upon,
and shall be construed as having application to, any subcontractor
of such Party.
    18.2 The obligations under this article will not be limited in
any way by any limitation of subcontractor's insurance.
    19.0 Reservation of Rights: The Transmission Provider shall have
the right to make a unilateral filing with FERC to modify this
Agreement with respect to any rates, terms and conditions, charges,
classifications of service, rule or regulation under section 205 or
any other applicable provision of the Federal Power Act and FERC's
rules and regulations thereunder, and the Interconnection Customer
shall have the right to make a unilateral filing with FERC to modify
this Agreement under any applicable provision of the Federal Power
Act and FERC's rules and regulations; provided that each Party shall
have the right to protest any such filing by the other Party and to
participate fully in any proceeding before FERC in which such
modifications
    IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed by their duly authorized officers or agents on the day
and year first above written.

[Insert name of Transmission Provider]

-----------------------------------------------------------------------
Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

[Insert name of Interconnection Customer]------------------------------
-----------------------------------------------------------------------
Signed:----------------------------------------------------------------
Name (Printed):--------------------------------------------------------
Title:-----------------------------------------------------------------

Appendix 4: Revised Table of Contents for Article 1 of the SGIA

Table of Contents

                                                                Page No.
Article 1. Scope and Limitations of Agreement................          1
  1.1 Applicability..........................................          1
  1.2 Purpose................................................          1
  1.3 No Agreement to Purchase or Deliver Power..............          1
  1.4 Limitations............................................          1
  1.5 Responsibilities of the Parties........................          2
  1.6 Parallel Operation Obligations.........................          2
  1.7 Metering...............................................          3
  1.8 Reactive Power.........................................          3

 [FR Doc. E6-11989 Filed 7-26-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Notices]
[Pages 4572-4573]
[FR Doc No: 2012-1878]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-1098]

National Offshore Safety Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
National Offshore Safety Advisory Committee. This Committee advises the
Secretary of the Department of Homeland Security on matters and actions
concerning activities directly involved with or in support of the
exploration of offshore mineral and energy resources insofar as they
relate to matters within Coast Guard jurisdiction.

DATES: Applicants should submit a cover letter and resume in time to
reach the Alternate Designated Federal Officer (ADFO) on or before
March 30, 2012.

ADDRESSES: Applicants should send their cover letter and resume to the
following address: Commandant (CG-5222), Attn: Vessel and Facility
Operations Standards, U.S. Coast Guard, 2100 Second Street SW., STOP
7126, Washington, DC 20593-7126; or by calling<PHONE_NUMBER>; or by
faxing<PHONE_NUMBER>; or by emailing to<EMAIL_ADDRESS>    This notice, is available in our online docket, USCG-2011-1098, at
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kevin Y. Pekarek, Assistant Designated
Federal Officer (ADFO) of National Offshore Safety Advisory Committee
(NOSAC); telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The National Offshore Safety Advisory
Committee (NOSAC) is a Federal advisory committee under 5 U.S.C. App.
(Pub. L. 92-463). It was established under authority of Title 6 U.S.C.
section 451 and advises the Secretary of Homeland Security on matters
and actions concerning activities directly involved with or in support
of the exploration of offshore mineral and energy resources insofar as
they relate to matters within Coast Guard jurisdiction.
    The Committee usually meets two times a year, approximately every
six months.
    We will consider applications for five positions that will become
vacant on January 31, 2013.
    (a) One member representing employees of companies engaged in
offshore operations, who should have recent practical experience on
vessels or offshore units involved in the offshore mineral and energy
industry;
    (b) One member representing Diving Services related to offshore
construction, inspection and maintenance;
    (c) One member representing the Deepwater Port interests;
    (d) One member representing Pipe Laying services related to
offshore construction; and,
    (e) One member representing the General Public, who will serve as a
Special Government Employee (SGE) as defined in 202(a) of Title 18,
United States Code. SGE's must submit financial disclosure forms, which
are available from the ADFO, upon request.
    To be eligible, applicants for positions (a-d) should have
expertise and/or knowledge and experience regarding the technology,
equipment and techniques that are used or are being developed for use
in the exploration for, and the recovery of, offshore mineral
resources.
    Registered lobbyists are not eligible to serve on federal advisory
committees. Registered lobbyists are lobbyists required to comply with
provisions contained in the Lobbying Disclosure Act of 1995 (Pub. L.
104-65, as amended). Each NOSAC Committee member serves a term of
office of up to three years. Members may be considered to serve
consecutive terms. All members serve at their own expense and receive
no salary or reimbursement of travel expenses, or other compensation
from the Federal Government.
    In support of the Coast Guard policy on gender and ethnic
nondiscrimination, we encourage

qualified men and women of all racial and ethnic groups to apply. The
Coast Guard values diversity; all the different characteristics and
attributes of persons that enhance the mission of the Coast Guard.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to Kevin Y. Pekarek, ADFO
of NOSAC at Commandant (CG-5222)/NOSAC, U.S. Coast Guard, 2100 Second
Street SW., STOP 7126, Washington, DC 20593-7126. Send your cover
letter and resume in time for it to be received by the ADFO on or
before March 30, 2012.
    To visit our online docket, go to http://www.regulations.gov, enter
the docket number for this notice (USCG-2011-1098) in the Search box,
and click ``Go.'' Please do not post your resume on this site.

    Dated: January 20, 2012.
J. G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2012-1878 Filed 1-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 19, 2008 (Volume 73, Number 33)]
[Proposed Rules]
[Page 9063-9065]
[DOCID:fr19fe08-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0134; Airspace Docket No. 08-AAL-3]

Proposed Revision of Class E Airspace; St. Mary's, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise Class E airspace at St. Mary's,
AK. Two Standard Instrument Approach Procedures (SIAPs) are being
developed for the St. Mary's Airport at St. Mary's, AK. Additionally,
four SIAPs are being amended. Adoption of this proposal would result in
revision of Class E airspace upward from the surface, and from 700 feet
(ft.) and 1,200 ft. above the surface at the St. Mary's Airport, St.
Mary's, AK.

DATES: Comments must be received on or before April 4, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0134/Airspace Docket
No. 08-AAL-3, at the beginning of your comments. You may also submit
comments on 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 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

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-2008-0134/
Airspace Docket No. 08-AAL-3.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or 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
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemaking's (NPRM's)

    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 or the Superintendent of Document's web page at http://www.access.gpo.gov/nara/index.html
.

    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRM's should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR Part 71), which would revise Class E airspace at
the St. Mary's Airport, in St. Mary's, AK. The intended effect of this
proposal is to revise Class E airspace upward from the surface, and
from 700 ft. and 1,200 ft. above the surface to contain Instrument
Flight Rules (IFR) operations at the St. Mary's Airport, St. Mary's,
AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has developed two new SIAPs and amended four SIAPs for the St.
Mary's Airport. The new approaches are (1) the Area Navigation (RNAV) Z
Global Positioning System (GPS) Runway (RWY) 17, Original (Orig) and
(2) the RNAV (GPS) Z RWY 35, Orig. The amended approaches are (1) the
RNAV (GPS) Y RWY 17, Amendment (Amdt) 2, (2) the RNAV (GPS) Y RWY 35,
Amdt 1, (3) the Localizer (LOC)/Distance Measuring Equipment (DME) RWY
17, Amdt 4, and (4) the Nondirectional Beacon (NDB)/DME RWY 35, Amdt 1.
Class E controlled airspace extending upward from the surface, and from
700 ft. and 1,200 ft. above the surface in the St. Mary's Airport area
would be established by this action. The proposed airspace is
sufficient in size to contain aircraft executing the instrument
procedures at the St. Mary's Airport, St. Mary's, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as surface
areas are published in paragraph 6002 of FAA Order 7400.9R, Airspace
Designations and Reporting Points, signed August 15, 2007, and
effective September 15, 2007, which is incorporated by reference in 14
CFR 71.1. The Class E airspace areas designated as 700/1200 foot
transition areas are published in paragraph 6005 in FAA Order 7400.9R,
Airspace Designations and Reporting Points, signed August 15, 2007, and
effective September 15, 2007, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be published subsequently in the Order.
    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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, 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 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at the St. Mary's Airport, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective

September 15, 2007, is to be amended as follows:
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 St. Mary's, AK [Revised]

St. Mary's, St. Mary's Airport, AK
    (Lat. 62[deg]03 38 N., long. 163[deg]18 07 W.)

    Within a 6.7-mile radius of the St. Mary's Airport, and within 4
miles either side of the 202[deg] (T)/217[deg](M) bearing from the
St. Mary's Airport extending from the 6.7-mile radius to 10 miles
south of the St. Mary's Airport. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Airport/Facility Directory.
* * * * *

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

* * * * *

AAL AK E5 St. Mary's, AK [Revised]

St. Mary's, St. Mary's Airport, AK
    (Lat. 62[deg]03 38 N., long. 163[deg]18 07 W.)

    That airspace extending upward from 700 feet above the surface
within a 8.7-mile radius of the St. Mary's Airport, and within 4
miles east and 8 miles west of the 202[deg](T), 217[deg](M) bearing
from the St. Mary's Airport, extending from the 8.7-mile radius to
16 miles south of the St. Mary's Airport.
* * * * *

    Issued in Anchorage, AK, on February 8, 2008.
Derril D. Bergt,
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-2977 Filed 2-15-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Page 64054]
[FR Doc No: 2015-26861]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Ninth Meeting: RTCA Special Committee (228) Minimum Operational
Performance Standards for Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Notice of Ninth RTCA Special Committee 228 Meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
Ninth RTCA Special Committee 228 meeting.

DATES: The meeting will be held November 20th from 9:00 a.m.-1:00 p.m.

ADDRESSES: The meeting will be held at NASA Ames Center, Building 152,
200 Dailey Road, Moffett Field, CA 94035, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or Hal
Moses, Program Director, RTCA, Inc<EMAIL_ADDRESS>(202) 330-0654.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of RTCA Special Committee 228. The agenda
will include the following:

Monday, November 16, 2015 (Specific Working Group Sessions Before the
Plenary)

1. Afternoon--1:00-5:00 p.m. Working Group 1--DAA
2. All Day, Working Group 2--C2

Tuesday-Thursday, November 17-19, 2015 (Specific Working Group Sessions
Before the Plenary)

1. All Day, Working Group 1--DAA
2. Separate Break-out rooms for subgroups as required
3. All Day, Working Group 2--C2

Friday, November 20, 2015

1. Welcome/Introductions/Administrative Remarks/SC-228 Participation
Guidelines
    a. Reading of the Public Announcement by the DFO
    b. Reading of the RTCA Proprietary References Policy
2. Agenda Overview
3. Review/Approval of Minutes from Plenary #8 (RTCA Paper No. 132-15/
SC228-21) held Friday, May 22, 2015 at RTCA
4. Review of RTCA SC-228 Steering Committee Activity
    a. Phase Two SC-228 Terms of Reference Development Team
5. Report from EUROCAE WG-73
6. Report from WG-1, Detect and Avoid
7. Report from WG-2, Command and Control
8. Action Item Review
9. Other Business
10. Date, Place and Time of Next Meeting(s)
11. Adjourn Plenary

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Plenary information will be
provided upon request. Persons wishing to present statements or obtain
information should contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Members of the public may present a
written statement to the committee at any time.

    Issued in Washington, DC, on October 16, 2015.
Latasha Robinson,
Management & Program Analyst, Next Generation, Enterprise Support
Services Division, Federal Aviation Administration.
[FR Doc. 2015-26861 Filed 10-21-15; 8:45 am]
BILLING CODE 4910-13-P