[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24365-24367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10948]


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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]
RIN 2120-AA66


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes the Hawaiian High and Hawaiian Low 
Offshore airspace areas. This action establishes 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 action provides additional airspace within which domestic 
air traffic control (ATC) procedures will be used. Establishment of the 
Class A and Class E airspaces enhances the management of air traffic 
operations resulting in a more efficient use of that airspace.

DATES: Effective date 0901 UTC, August 15, 2019. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, 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 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 7400.11C at NARA, call (202) 741-6030, or go 
to http://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 establishes offshore airspace areas around the Hawaiian 
Islands in support of domestic air traffic control procedures when 
offshore airspace areas are established.

[[Page 24366]]

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register for Docket No. FAA-2017-1013 (83 FR 15521; April 11, 2018), to 
establish the Hawaiian High and Hawaiian Low Offshore airspace areas. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. No comments were 
received.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and 
Reporting Points, dated August 13, 2018, and effective September 15, 
2018. FAA Order 7400.11C is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11C lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 71 to establish the Hawaiian High and Hawaiian Low Offshore 
airspace areas. This action establishes Class A airspace, extending 
upward from 18,000 feet MSL to and including FL 600; and Class E 
airspace, extending upward from 1,200 feet MSL to and including 17,999 
feet MSL around the Hawaiian Islands.
    Offshore airspace areas are published in paragraphs 2003 and 6007, 
respectively, of FAA Order 7400.11C dated August 13, 2018, and 
effective September 15, 2018, which is incorporated by reference in 14 
CFR 71.1. The offshore airspace areas listed in this document will be 
subsequently published in the Order.

ICAO Considerations

    As part of this regulation 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 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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of establishing the 
Hawaiian High and Hawaiian Low Offshore airspace areas qualifies for 
categorical exclusion under the National Environmental Policy Act and 
its agency implementing regulations at 40 CFR part 1500, and in 
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and 
Procedures, regarding categorical exclusions for procedural actions at 
paragraph 5-6.5a which categorically excludes from full environmental 
impact review actions that are rulemaking actions that designate or 
modify classes of airspace areas, airways, routes, and reporting points 
(see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace 
Areas; Air Traffic Service Routes; and Reporting Points). As such, this 
action is not expected to cause any potentially significant 
environmental impacts. In accordance with FAA Order 1050.1F, paragraph 
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this 
action for factors and circumstances in which a normally categorically 
excluded action may have a significant environmental impact requiring 
further analysis. The FAA has determined that no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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


Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018, and 
effective September 15, 2018, 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.

[[Page 24367]]

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. 
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 May 20, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-10948 Filed 5-24-19; 8:45 am]
BILLING CODE 4910-13-P