Proposed Amendment of Class E Airspace; Durango, CO, 20450-20451 [2020-07696]

Download as PDF 20450 Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2020–0296; Airspace Docket No. 18–ANM–1] RIN 2120–AA66 Proposed Amendment of Class E Airspace; Durango, CO Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend the Class E airspace, designated a surface area, by adding an extension to the northeast of the airport and reducing the size of the extension to the southwest of the Durango-La Plata County Airport, Durango, CO. Additionally, this action proposes to amend Class E airspace, extending upward from 700 feet above the surface, to properly contain arriving IFR aircraft descending below 1,500 feet above the surface and departing IFR aircraft until reaching 1,200 feet above the surface. Further, this action proposes to remove the Class E airspace extending upward from 1,200 feet above the surface as this airspace is wholly contained within the Denver en route airspace and duplication is not necessary. This action also proposes to remove the Durango VOR/DME and associated extensions from the airspace legal descriptions. The Navigational Aid is not required to define the airspace. Lastly, this action proposes to make several administrative corrections to the airspace legal descriptions. DATES: Comments must be received on or before May 28, 2020. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590; telephone: 1– 800–647–5527, or (202) 366–9826. You must identify FAA Docket No. FAA– 2020–0296; Airspace Docket No. 18– ANM–1, at the beginning of your comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order 7400.11D, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_ traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:52 Apr 10, 2020 Jkt 250001 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 7400.11D at NARA, email fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA 98198; telephone (206) 231–3695. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it would amend the Class E airspace at DurangoLa Plata County Airport, Durango, CO to support instrument flight rules (IFR) operations at the airport. 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. Persons 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–2020–0296; Airspace Docket No. 18–ANM–1’’. The postcard will be date/time stamped and returned to the commenter. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at https:// 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 the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198. Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by amending the Class E airspace, designated a surface area, at Durango-La Plata County Airport, Durango, CO. To properly contain arriving IFR aircraft descending below 1,000 feet above the surface, an extension should be added to the northeast of the airport and the extension to the southwest of the airport should be reduced. The airspace would be described as follows: That airspace extending upward from the surface within a 4.3-mile radius of the airport, and within 1 mile each side of the 040° bearing from the airport, extending from E:\FR\FM\13APP1.SGM 13APP1 20451 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Proposed Rules the 4.3-mile radius to 6.3 miles northeast of the airport, and within 1 mile each side of the 217° bearing from the airport, extending from the 4.3-mile radius to 4.7 miles southwest of the Durango-La Plata County 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 Chart Supplement. Additionally, this action proposes to amend Class E airspace, extending upward from 700 feet above the surface, to properly contain arriving IFR aircraft descending below 1,500 feet above the surface and departing IFR aircraft until reaching 1,200 feet above the surface. The area would be described as follows: That airspace extending upward from 700 feet above the surface within a 6.1mile radius of the airport, and within 1.6 miles each side of the 044° bearing from the airport, extending from the 6.1mile radius to 12.4 miles northeast of the airport, and within 1 mile each side of the 217° bearing from the airport, extending from the 6.1-mile radius to 6.7 miles southwest of the Durango-La Plata County Airport. Further, this action proposes to remove the Class E airspace extending upward from 1,200 feet above the surface, this airspace is wholly contained within the Denver en route airspace and duplication is not necessary. This action also proposes to remove the Durango VOR/DME and associated extensions from the airspace legal descriptions. The Navigational Aid is not required to define the airspace. Lastly, this action proposes to make several administrative corrections to the airspace legal descriptions. The geographic coordinates do not match the FAA database and should be updated to lat. 37°09′06″ N. long. 107°45′14″ W. The term ‘‘Airport/Facility Directory’’ in the Class E airspace, designated as a surface area, is outdated and should read ‘‘Chart Supplement’’. Class E2 and E5 airspace designations are published in paragraphs 6002 and 6005, respectively, of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. VerDate Sep<11>2014 17:52 Apr 10, 2020 Jkt 250001 Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019, is amended as follows: ■ Paragraph 6002 Class E Airspace Areas Designated as a Surface Area. * * * * * ANM CO E2 Durango, CO [Amended] Durango-La Plata County Airport, CO (Lat. 37°09′06″ N, long. 107°45′14″ W) PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 That airspace extending upward from the surface within a 4.3-mile radius of the airport, and within 1 mile each side of the 040° bearing from the airport, extending from the 4.3-mile radius to 6.3 miles northeast of the airport, and within 1 mile each side of the 217° bearing from the airport, extending from the 4.3-mile radius to 4.7 miles southwest of the Durango-La Plata County 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 Chart Supplement. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ANM CO E5 Durango, CO [Amended] Durango-La Plata County Airport, CO (Lat. 37°09′06″ N, long. 107°45′14″ W) That airspace extending upward from 700 feet above the surface within a 6.1-mile radius of the airport, and within 1.6 miles each side of the 044° bearing from the airport, extending from the 6.1-mile radius to 12.4 miles northeast of the airport, and within 1 mile each side of the 217° bearing from the airport, extending from the 6.1-mile radius to 6.7 miles southwest of the Durango-La Plata County Airport. Issued in Seattle, Washington, on April 7, 2020. Shawn M. Kozica, Group Manager, Operations Support Group, Western Service Center. [FR Doc. 2020–07696 Filed 4–10–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2020–0282; Airspace Docket No. 19–ANM–31] RIN 2120–AA66 Proposed Amendment of Class D and E Airspace; Mountain Home, ID Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend the Class D airspace at the Mountain Home Air Force Base Airport by removing the extensions to the northwest and southeast of the airport. This action also proposes to amend the Class E surface area to match the new dimensions of the Class D. Additionally, this action proposes to amend the Class E airspace extending upward from 700 feet above the surface by properly sizing the area to contain arriving IFR aircraft SUMMARY: E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20450-20451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07696]



[[Page 20450]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0296; Airspace Docket No. 18-ANM-1]
RIN 2120-AA66


Proposed Amendment of Class E Airspace; Durango, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace, designated 
a surface area, by adding an extension to the northeast of the airport 
and reducing the size of the extension to the southwest of the Durango-
La Plata County Airport, Durango, CO. Additionally, this action 
proposes to amend Class E airspace, extending upward from 700 feet 
above the surface, to properly contain arriving IFR aircraft descending 
below 1,500 feet above the surface and departing IFR aircraft until 
reaching 1,200 feet above the surface. Further, this action proposes to 
remove the Class E airspace extending upward from 1,200 feet above the 
surface as this airspace is wholly contained within the Denver en route 
airspace and duplication is not necessary. This action also proposes to 
remove the Durango VOR/DME and associated extensions from the airspace 
legal descriptions. The Navigational Aid is not required to define the 
airspace. Lastly, this action proposes to make several administrative 
corrections to the airspace legal descriptions.

DATES: Comments must be received on or before May 28, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2020-0296; Airspace Docket No. 18-ANM-1, at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at https://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 7400.11D at NARA, email [email protected] 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-3695.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority, 
as it would amend the Class E airspace at Durango-La Plata County 
Airport, Durango, CO to support instrument flight rules (IFR) 
operations at the airport.

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. Persons 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-2020-0296; 
Airspace Docket No. 18-ANM-1''. 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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace 
Designations and Reporting Points, dated August 8, 2019, and effective 
September 15, 2019. FAA Order 7400.11D is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11D lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) Part 71 by amending the Class E airspace, 
designated a surface area, at Durango-La Plata County Airport, Durango, 
CO. To properly contain arriving IFR aircraft descending below 1,000 
feet above the surface, an extension should be added to the northeast 
of the airport and the extension to the southwest of the airport should 
be reduced. The airspace would be described as follows: That airspace 
extending upward from the surface within a 4.3-mile radius of the 
airport, and within 1 mile each side of the 040[deg] bearing from the 
airport, extending from

[[Page 20451]]

the 4.3-mile radius to 6.3 miles northeast of the airport, and within 1 
mile each side of the 217[deg] bearing from the airport, extending from 
the 4.3-mile radius to 4.7 miles southwest of the Durango-La Plata 
County 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 Chart Supplement.
    Additionally, this action proposes to amend Class E airspace, 
extending upward from 700 feet above the surface, to properly contain 
arriving IFR aircraft descending below 1,500 feet above the surface and 
departing IFR aircraft until reaching 1,200 feet above the surface. The 
area would be described as follows: That airspace extending upward from 
700 feet above the surface within a 6.1-mile radius of the airport, and 
within 1.6 miles each side of the 044[deg] bearing from the airport, 
extending from the 6.1-mile radius to 12.4 miles northeast of the 
airport, and within 1 mile each side of the 217[deg] bearing from the 
airport, extending from the 6.1-mile radius to 6.7 miles southwest of 
the Durango-La Plata County Airport.
    Further, this action proposes to remove the Class E airspace 
extending upward from 1,200 feet above the surface, this airspace is 
wholly contained within the Denver en route airspace and duplication is 
not necessary.
    This action also proposes to remove the Durango VOR/DME and 
associated extensions from the airspace legal descriptions. The 
Navigational Aid is not required to define the airspace.
    Lastly, this action proposes to make several administrative 
corrections to the airspace legal descriptions. The geographic 
coordinates do not match the FAA database and should be updated to lat. 
37[deg]09'06'' N. long. 107[deg]45'14'' W. The term ``Airport/Facility 
Directory'' in the Class E airspace, designated as a surface area, is 
outdated and should read ``Chart Supplement''.
    Class E2 and E5 airspace designations are published in paragraphs 
6002 and 6005, respectively, of FAA Order 7400.11D, dated August 8, 
2019, and effective September 15, 2019, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations listed in 
this document will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, would not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

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


Sec.  71.1  [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.11D, Airspace Designations and Reporting Points, dated August 8, 
2019, and effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ANM CO E2 Durango, CO [Amended]

Durango-La Plata County Airport, CO
    (Lat. 37[deg]09'06'' N, long. 107[deg]45'14'' W)

    That airspace extending upward from the surface within a 4.3-
mile radius of the airport, and within 1 mile each side of the 
040[deg] bearing from the airport, extending from the 4.3-mile 
radius to 6.3 miles northeast of the airport, and within 1 mile each 
side of the 217[deg] bearing from the airport, extending from the 
4.3-mile radius to 4.7 miles southwest of the Durango-La Plata 
County 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 Chart Supplement.

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

* * * * *

ANM CO E5 Durango, CO [Amended]

Durango-La Plata County Airport, CO
    (Lat. 37[deg]09'06'' N, long. 107[deg]45'14'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.1-mile radius of the airport, and within 1.6 miles each 
side of the 044[deg] bearing from the airport, extending from the 
6.1-mile radius to 12.4 miles northeast of the airport, and within 1 
mile each side of the 217[deg] bearing from the airport, extending 
from the 6.1-mile radius to 6.7 miles southwest of the Durango-La 
Plata County Airport.

    Issued in Seattle, Washington, on April 7, 2020.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-07696 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.