[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Rules and Regulations]
[Page 12395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04448]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0169; Airspace Docket No. 21-ASO-3]
RIN 2120-AA66


Amendment Class D and Class E Airspace; South Florida

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, delay of effective date.

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SUMMARY: This action changes the effective date of a final rule 
published in the Federal Register on September 8, 2021, amending 
airspace for several airports in the south Florida area. The FAA is 
delaying the effective date to coincide with the completion of ongoing 
airspace projects in the area.

DATES: The effective date of the final rule published on September 8, 
2021 (86 FR 50245), delayed on January 27, 2022 (87 FR 4154), is 
further delayed until September 8, 2022. The Director of the Federal 
Register approved this incorporation by reference action under Title 1 
Code of Federal Regulations part 51, subject to the annual revision of 
FAA Order JO 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Ave., College Park, GA 30337; Telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA published a final rule in the Federal Register for Docket 
No. FAA-2021-0169 (86 FR 50245, September 8, 2021), amending Class D 
and Class E airspace for eight airports in the south Florida area. The 
FAA then delayed the effective date for that final rule until May 19, 
2022 (87 FR 4154). Due to delays in other rule making projects in the 
area, the FAA is delaying the effective date to September 8, 2022. 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 airspace 
necessary to ensure the safety of aircraft and the efficient use of 
airspace. FAA Order JO 7400.11, Airspace Designations and Reporting 
Points, is published yearly and effective on September 15.

Good Cause for No Notice and Comment

    Section 553(b)(3)(B) of Title 5, United States Code, (the 
Administrative Procedure Act) authorizes agencies to dispense with 
notice and comment procedures for rules when the agency for ``good 
cause'' finds that those procedures are ``impracticable, unnecessary, 
or contrary to the public interest.'' Under this section, an agency, 
upon finding good cause, may issue a final rule without seeking comment 
prior to the rulemaking. The FAA finds that prior notice and public 
comment to this final rule is unnecessary due to the brief length of 
the extension of the effective date and the fact that there is no 
substantive change to the rule.

Delay of Effective Date

    Accordingly, pursuant to the authority delegated to me, the 
effective date of the final rule, Airspace Docket 21-ASO-3, as 
published in the Federal Register on September 8, 2021 (86 FR 50245) 
and delayed to May 19, 2022, on January 27, 2022 (87 FR 4154; FR Doc. 
2021-19268), is hereby delayed until September 8, 2022.

    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.

    Issued in College Park, Georgia, on February 24, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2022-04448 Filed 3-3-22; 8:45 am]
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