[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]
BILLING CODE 4910-13-P