[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15521-15524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1013; Airspace Docket No. 17-AWP-12]


Proposed Establishment of the Hawaiian Islands High and the 
Hawaiian Islands Low Offshore Airspace Areas; Hawaii.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish the Hawaiian High and 
Hawaiian Low Offshore airspace area. The proposed action would 
establish Class A airspace extending upward from 18,000 feet mean sea 
level (MSL) to and including flight level (FL) 600; and Class E 
airspace, extending upward from 1,200 feet MSL to and including 17,999 
feet MSL around the Hawaiian Islands. The FAA is proposing this action 
to provide additional airspace within which domestic air traffic 
control (ATC) procedures would be used. Establishment of the Class A 
and Class E airspaces would enhance the management of air traffic 
operations and result in more efficient use of that airspace.

DATES: Comments must be received on or before May 29, 2018.

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 20590-0001; 
telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA 
Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12 at the 
beginning of your comments. You may also submit comments through the 
internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence

[[Page 15522]]

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 
7400.11B at NARA, call (202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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 
the 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 support offshore airspace areas around the 
Hawaiian Islands, and apply domestic air traffic control procedures.

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 (FAA Docket 
Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12) and be 
submitted in triplicate to the Docket Management Facility (see 
ADDRESSES section for address and phone number). You may also submit 
comments through the internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-
12.'' The postcard will be date/time stamped and returned to the 
commenter.
    All communications received on or before the specified comment 
closing date will be considered before taking action on the proposed 
rule. The proposal contained in this action 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 comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of 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/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ``ADDRESSES'' section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Western Service Center, Operations 
Support Group, Federal Aviation Administration, 1601 Lind Ave. SW, 
Renton, WA 98057.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, airspace 
Designations and Reporting Points, dated August 3, 2017, and effective 
September 15, 2017. FAA Order 7400.11B is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11B lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Background

    The existing airspace configuration is not consistent with the 
domestic airspace established throughout the rest of the United States 
and does not meet the uniform international standards and recommended 
practices, as promulgated by the International Civil Aviation 
Organization (ICAO). The area controlled by Honolulu Control Facility 
(HCF) is within Oakland Oceanic Control Area/Flight Information Region 
(CTA/FIR) Boundary. The provision of ATC services is delegated by 
Oakland Air Route Traffic Control Center (ZOA) to HCF to provide flight 
information and alerting service within this area. Currently, HCF has 
Domestic Class E airspace out to 100 miles around the Hawaiian Islands. 
Due to the incorrect airspace designations, HCF is providing domestic 
IFR separation services within HCF airspace 1,200 feet MSL up to FL 
600, inclusive, and in international airspace without a designated 
offshore airspace area. The absence of Class E and Class A airspace to 
the boundary of HCF's delegated airspace where ATC has radar and radio 
navigational signal coverage is inconsistent with the CFRs and will be 
corrected with this proposed rule. Under a separate rulemaking action, 
domestic airspace will be amended out to the 12 nautical miles limit 
surrounding the Hawaiian Islands. Additionally, the establishment of 
the high and low Offshore Airspace Areas will extend beyond the 12 NM 
limit to the boundary of the HCF delegated airspace.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish 
the Hawaiian Islands High and the Hawaiian Islands Low Offshore 
airspace areas. The proposed area would consist of Class A airspace, 
extending upward from 18,000 MSL up to and including FL 600, and Class 
E airspace, extending upward from 1,200 feet MSL up to and including 
17,999 feet MSL within HCF's designated airspace around the Hawaiian 
Islands. This action would facilitate the application of domestic ATC 
procedures within that airspace, thereby enhancing the flow of air 
traffic and increasing system capacity. In addition, this action would 
enhance safety by providing for the positive control of all aircraft 
operating in the area. The proposed action would also support the 
development of a more efficient route system and would enable airspace 
classification and ATC separation procedures to be consistently applied 
around the Hawaiian Islands. Finally, the proposed modification would 
establish the same classification and operating rules that currently 
apply in adjacent airspace.
    Class A and E Offshore airspace area designations are published in 
paragraph 2003 and 6007 respectively, in FAA Order 7400.11B, dated 
August 3, 2017, and effective September 15, 2017, which

[[Page 15523]]

is incorporated by reference in 14 CFR 71.1. The offshore airspace area 
designations listed in this document will be published subsequently in 
the Order.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the ICAO 
International Standards and Recommended Practices. Article 12 to the 
Chicago Convention provides that over the high seas the rules inforce 
shall be those established under the convention. The application of 
International Standards and Recommended Practices by the FAA, Office of 
Airspace Services, in areas outside United States domestic airspace, is 
governed by Annexes 2 (Rule of the Air) and 11 (Air Traffic Services) 
to the Convention on International Civil Aviation, which pertain to the 
establishment of necessary air navigational facilities and services to 
promote the safe, orderly, and expeditious flow of civil air traffic. 
The purpose of Article 12 and Annex 11 is to ensure that civil aircraft 
operations on international air routes are performed under uniform 
conditions. The International Standards and Recommended Practices in 
Annex 11 apply to airspace under the jurisdiction of a contracting 
state, derived from ICAO. Annex 11 provisions apply when air traffic 
services are provided and a contracting state accepts the 
responsibility of providing air traffic services over high seas or in 
airspace of undetermined sovereignty. A contracting State accepting 
this responsibility may apply the International Standards and 
Recommended Practices that are consistent with standards and practices 
utilized in its domestic jurisdiction. In accordance with Article 3 of 
the Convention, State-owned aircraft are exempt from the Standards and 
Recommended Practices of Annex 11. The United States is a contracting 
State to the Convention. Article 3(d) of the Convention provides that 
participating state aircraft will be operated in international airspace 
with due regard for the safety of civil aircraft. Since this action 
involves, in part, the designation of navigable airspace outside the 
United States, the Administrator is consulting with the Secretary of 
State and the Secretary of Defense in accordance with the provisions of 
Executive Order 10854.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS.

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

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


Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, 
Airspace Designations and Reporting Points, dated August 3, 2017 and 
effective September 15, 2017, is amended as follows:

Paragraph 2003 Offshore Airspace Areas

* * * * *

Hawaiian Islands High [New]

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 within the area bounded by a line beginning at lat. 
24[deg]43'17'' N, long. 155[deg]15'47'' W; to lat. 24[deg]17'45'' N, 
long. 154[deg]15'00'' W; to lat. 23[deg]46'50'' N, long. 
153[deg]21'58'' W; to lat. 23[deg]01'27'' N, long. 152[deg]34'40'' 
W; to lat. 22[deg]20'39'' N, long. 151[deg]53'07'' W; to lat. 
21[deg]32'52'' N, long. 151[deg]27'59'' W; to lat. 20[deg]41'49'' N, 
long. 151[deg]01'09'' W; to lat. 19[deg]41'47'' N, long. 
150[deg]30'11'' W; to lat. 19[deg]13'22'' N, long. 151[deg]52'46'' 
W; to lat. 19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 
18[deg]06'32'' N, long. 155[deg]42'42'' W; to lat. 17[deg]48'18'' N, 
long. 156[deg]04'05'' W; to lat. 17[deg]10'14'' N, long. 
156[deg]48'21'' W; to lat. 17[deg]10'14'' N, long. 157[deg]45'24'' 
W; to lat. 17[deg]13'28'' N, long. 158[deg]15'04'' W; to lat. 
17[deg]45'21'' N, long. 159[deg]32'20'' W; to lat. 18[deg]03'09'' N, 
long. 160[deg]16'11'' W; to lat. 18[deg]24'28'' N, long. 
160[deg]48'51'' W; to lat. 19[deg]24'54'' N, long. 162[deg]23'01'' 
W; to lat. 19[deg]39'29'' N, long. 162[deg]41'58'' W; to lat. 
20[deg]07'00'' N, long. 163[deg]18'00'' W; to lat. 21[deg]09'04'' N, 
long. 163[deg]54'52'' W; to lat. 22[deg]12'20'' N, long. 
163[deg]54'52'' W; to lat. 23[deg]15'30'' N, long. 163[deg]51'18'' 
W; to lat. 24[deg]10'08'' N, long. 163[deg]15'59'' W; to lat. 
25[deg]03'24'' N, long. 162[deg]38'59'' W; to lat. 25[deg]40'34'' N, 
long. 161[deg]41'28'' W; to lat. 26[deg]06'18'' N, long. 
160[deg]37'54'' W; to lat. 26[deg]08'41'' N, long. 158[deg]37'19'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii.
* * * * *

Paragraph 6007 Offshore Airspace Areas

Hawaiian Islands Low [New]

    That airspace extending upward from 1,200 feet MSL within the 
area bounded by a line beginning at lat. 19[deg]10'04'' N, long. 
153[deg]39'43'' W; to lat. 19[deg]08'32'' N, long. 154[deg]29'00'' 
W; to lat. 19[deg]07'10'' N, long. 155[deg]13'34'' W; to lat. 
18[deg]45'39'' N, long. 155[deg]35'36'' W; to lat. 18[deg]40'54'' N, 
long. 156[deg]05'48'' W; to lat. 19[deg]24'23'' N, long. 
158[deg]36'11'' W; to lat. 20[deg]18'00'' N, long. 160[deg]46'52'' 
W; to lat. 20[deg]49'07'' N, long. 161[deg]33'17'' W; to lat. 
21[deg]40'37'' N, long. 161[deg]54'48'' W; to lat. 22[deg]31'49'' N, 
long. 161[deg]55'19'' W; to lat. 23[deg]26'57'' N, long. 
161[deg]31'39'' W; to lat. 23[deg]57'27'' N, long. 160[deg]54'00'' 
W; to lat. 24[deg]18'03'' N, long. 159[deg]50'09'' W; to lat. 
24[deg]10'39'' N, long. 158[deg]54'47'' W; to lat. 23[deg]47'34'' N, 
long. 158[deg]11'12'' W; to lat. 23[deg]30'03'' N, long. 
157[deg]29'36'' W; to lat. 23[deg]19'54'' N, long. 156[deg]45'02'' 
W; to lat. 23[deg]13'26'' N, long. 155[deg]42'39'' W; to lat. 
22[deg]54'59'' N, long. 154[deg]55'06'' W; to lat. 22[deg]28'14'' N, 
long. 154[deg]19'27'' W; to lat. 21[deg]45'08'' N, long. 
153[deg]49'50'' W; to lat. 21[deg]02'31'' N, long. 153[deg]38'56'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii. That airspace 
extending upward from 5,500 feet MSL within the area bounded by a 
line beginning at lat. 19[deg]11'37'' N, long. 152[deg]50'00'' W; to 
lat. 19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 
17[deg]48'59'' N, long. 156[deg]03'17'' W; to lat. 18[deg]28'58'' N, 
long. 157[deg]59'36'' W; to lat. 19[deg]03'34'' N, long. 
159[deg]48'11'' W; to lat. 19[deg]29'40'' N, long. 160[deg]47'02'' 
W; to lat. 20[deg]00'46'' N, long. 161[deg]44'53'' W, to lat. 
20[deg]50'35'' N, long. 162[deg]23'01'' W; to lat. 21[deg]50'15'' N, 
long. 162[deg]44'13'' W; to lat. 22[deg]52'38'' N, long. 
162[deg]38'25'' W; to lat. 23[deg]55'59'' N, long. 162[deg]08'09'' 
W, to lat. 24[deg]43'41'' N, long. 161[deg]12'18'' W; to lat. 
25[deg]00'33'' N, long. 159[deg]50'17'' W; to lat. 24[deg]50'45'' N, 
long. 158[deg]32'32'' W; to lat. 24[deg]19'39'' N, long.

[[Page 15524]]

157[deg]32'31'' W; to lat. 23[deg]59'14'' N, long. 156[deg]28'23'' 
W; to lat. 23[deg]53'49'' N, long. 155[deg]25'33'' W; to lat. 
23[deg]24'55'' N, long. 154[deg]15'20'' W; to lat. 22[deg]41'48'' N, 
long. 153[deg]28'59'' W; to lat. 21[deg]45'32'' N, long. 
152[deg]58'57'' W; to lat. 20[deg]35'50'' N, long. 152[deg]48'18'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii. That airspace 
upward from 10,000 feet MSL within the area bounded by a line 
beginning at lat. 19[deg]12'44'' N, long. 152[deg]12'34'' W; to lat. 
19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 17[deg]20'23'' N, 
long. 156[deg]36'33'' W; to lat. 18[deg]33'07'' N, long. 
159[deg]55'59'' W; to lat. 19[deg]03'09'' N, long. 161[deg]10'15'' 
W; to lat. 19[deg]31'51'' N, long. 162[deg]00'41'' W; to lat. 
20[deg]11'04'' N, long. 162[deg]40'05'' W; to lat. 20[deg]58'47'' N, 
long. 163[deg]04'59'' W; to lat. 21[deg]56'05'' N, long. 
163[deg]19'16'' W; to lat. 22[deg]54'36'' N, long. 163[deg]13'18'' 
W; to lat. 23[deg]36'43'' N, long. 162[deg]58'50'' W; to lat. 
24[deg]30'39'' N, long. 162[deg]32'55'' W; to lat. 25[deg]07'02'' N, 
long. 161[deg]36'02'' W; to lat. 25[deg]33'41'' N, long. 
160[deg]06′39'' W; to lat. 25[deg]27'34'' N, long. 
158[deg]34'55'' W; to lat. 24[deg]43'37'' N, long. 156[deg]56'38'' 
W; to lat. 24[deg]30'12'' N, long. 155[deg]51'07'' W; to lat. 
24[deg]16'10'' N, long. 154[deg]47'02'' W; to lat. 23[deg]53'14'' N, 
long. 153[deg]57'47'' W; to lat. 23[deg]14'36'' N, long. 
153[deg]08'32'' W; to lat. 22[deg]20'47'' N, long. 152[deg]35'51'' 
W; to lat. 21[deg]12'25'' N, long. 152[deg]13'34'' W; to lat. 
20[deg]33'20'' N, long. 152[deg]11'55'' W; thence to the point of 
beginning, excluding that airspace within 12 miles of the shoreline 
of the State of Hawaii.
* * * * *

    Issued in Washington, DC, on April 4, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-07384 Filed 4-10-18; 8:45 am]
 BILLING CODE 4910-13-P