[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Proposed Rules]
[Pages 67317-67318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22955]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0892; Airspace Docket No. 20-AWP-40]
RIN 2120-AA66


Proposed Revocation and Amendment of Class E Airspace; Bucholz 
Army Airfield Kwajalein Atoll, Republic of the Marshall Islands

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove the Class E airspace designated 
as an extension to the Class D airspace and amend the Class E airspace 
extending upward from 700 and 1,200 feet above ground level (AGL) at 
Bucholz Army Airfield (AAF), Kwajalein Atoll, Republic of the Marshall 
Islands. The Class E airspace extending upward from 700 feet would be 
amended to ensure it does not extend beyond 12 nautical miles (NM) from 
the outer shoreline of the Atoll into international airspace.

DATES: Comments must be received on or before December 7, 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-2020-0892; Airspace Docket No. 20-AWP-40 at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, 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 
Rules and Regulations 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 7400.11E at NARA, email: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and 
Regulations Group, Office of Policy, 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 modify the route structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System.

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 No. FAA-
2020-0892; Airspace Docket No. 20-AWP-40) 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 https://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 No. FAA-2020-0892; Airspace Docket No. 20-AWP-40.'' 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 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 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, 2200 South 216th St., 
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace 
Designations and Reporting Points, dated July 21, 2020, and effective 
September 15, 2020. FAA Order 7400.11E is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11E lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Background

    The FAA, in coordination with the United States Army conducted an 
evaluation of the Bucholz AAF, Kwajalein Atoll, Republic of the 
Marshall Islands airspace to ensure it met airspace criteria and was 
the minimum necessary for terminal air traffic operations at the 
airport. Upon review, it was determined that the existing airspace and 
associated amendments accomplished since the Republic of the Marshall 
Islands achieved self-governance in 1979 and full sovereignty in 1986, 
have continued without recognition or consideration of that 
sovereignty. The airspace evaluation revealed that the lateral 
boundaries of the domestic Class E airspace, extending upward from 
1,200 feet AGL, are established in international airspace, beyond 12 NM

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from the Atoll. Oakland Oceanic Air Route Traffic Control Center 
(ARTCC) does not use the existing Class E domestic airspace while 
providing enroute air traffic services, so the additional airspace 
beyond 12 NM is not required.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by removing the Class E airspace 
designated as an extension to the Class D and modifying the Class E 
airspace extending upward from 700 feet AGL at Bucholz AAF, Kwajalein 
Island.
    The FAA proposes to remove the Class E4 airspace as aircraft using 
the published approaches do not descend below 1,000 feet more than 2 
miles outside the Bucholtz AAF Class D surface area. Thus, the airspace 
does not meet the requirements for a Class E airspace area designated 
as an extension to a Class D.
    In addition, the FAA proposes to amend the Class E airspace 
extending upward from 700 feet above the surface of the earth by 
removing that airspace extending upward from 1,200 feet AGL within a 
100-mile radius of the airport and add language to exclude anything 
beyond the U.S. Territorial Zone. Oakland Oceanic ARTCC does not 
require the additional airspace to provide enroute air traffic 
services.
    Class E Airspace Areas Designated as an extension to a Class D or 
Class E Surface Area, and Class E Airspace Areas Extending Upward from 
700 feet or More Above the Surface of the Earth are published in 
section 6004, and 6005 of FAA Order 7400.11E dated July 21, 2020, and 
effective September 15, 2020, which is incorporated by reference in 14 
CFR part 71.1. The Airspace listed in this document will be 
subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the 
International Civil Aviation Organization (ICAO) International 
Standards and Recommended Practices. The application of International 
Standards and Recommended Practices by the FAA, Office of Policy, Rules 
and Regulations Group, in areas outside the United States domestic 
airspace, is governed by the Convention on International Civil 
Aviation. Specifically, the FAA is governed by Article 12 and Annex 11, 
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.

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 1050.1F, ``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

    In consideration of the foregoing, 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 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 7400.11E, 
Airspace Designations and Reporting Points, dated July 21, 2020 and 
effective September 15, 2020, is amended as follows:

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP RM E4 Kwajalein Island, Marshall Islands, RMI [Removed]

Bucholz AAF (Kwajalein KMR) (ATOLL), Kwajalein Island
    (Lat. 08[deg]43'12'' N, long. 167[deg]43'54'' E)
* * * * *

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

* * * * *

AWP RM E5 Kwajalein Island, Marshall Islands, RMI [Amended]

Bucholz AAF (Kwajalein KMR) (ATOLL), Kwajalein Island
    (Lat. 08[deg]43'12'' N, long. 167[deg]43'54'' E)

    That airspace extending upward from 700 feet above the surface 
of the earth within a 12-mile radius of Bucholz AAF (Kwajalein KMR) 
(ATOLL), excluding that airspace that extends beyond 12 miles from 
and parallel to the Kwajalein outer shoreline.
* * * * *

    Issued in Washington, DC, on October 13, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-22955 Filed 10-21-20; 8:45 am]
BILLING CODE 4910-13-P