[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10801-10803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02065]
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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
Revocation and Amendment of Class E airspace; Bucholz Army
Airfield Kwajalein Atoll, Republic of the Marshall Islands
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action removes the Class E airspace designated as an
extension to the Class D airspace and amends the Class E airspace
extending upward from 700 and 1200 feet AGL at Bucholz AAF, Kwajalein
Atoll, Republic of the Marshall Islands. The Class E airspace extending
upward from 700 feet is amended to ensure it does not extend beyond 12
nautical miles from the outer shoreline of the Atoll into international
airspace.
DATES: Effective 0901 UTC, April 22, 2021. 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 7400.11and publication of conforming amendments.
ADDRESSES: 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, 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 7400.11E 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.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2020-0892 in the Federal Register (85 FR 67317; October 22, 2020)
removing the Class E airspace
[[Page 10802]]
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. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. No
comments were received.
Class E airspace designations are published in paragraph 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 71.1. The Class
D and Class E airspace designations listed in this document will be
published subsequently in the order.
Availability and Summary of Documents for Incorporation by Reference
This document amends 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.
The Rule
The FAA is amending 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 removes 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 amends 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 adding language to exclude anything beyond the U.S.
Territorial Zone.
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 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 action 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 System
Operations Airspace and AIM, Airspace & Rules, 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
The FAA has determined that this airspace action of 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 qualifies for categorical exclusion under
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review 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 result in 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 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:
[[Page 10803]]
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 January 27, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-02065 Filed 2-22-21; 8:45 am]
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