[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58071-58072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18344]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1785; Amendment No. 71-55]
RIN 2120-AA66


Airspace Designations; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends 14 CFR part 71 relating to airspace 
designations to reflect the approval by the Director of the Federal 
Register of the incorporation by reference of FAA Order JO 7400.11H, 
Airspace Designations and Reporting Points. This action also explains 
the procedures the FAA will use to amend the listings of Class A, B, C, 
D, and E airspace areas; air traffic service routes; and reporting 
points incorporated by reference.

DATES: These regulations are effective September 15, 2023, through 
September 15, 2024. The incorporation by reference of FAA Order JO 
7400.11H is approved by the Director of the Federal Register as of 
September 15, 2023, through September 15, 2024.

ADDRESSES: A copy of this final rule, and all background material may 
be viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Sarah A. Combs, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
effective September 15, 2022, listed Class A, B, C, D and E airspace 
areas; air traffic service routes; and reporting points. Due to the 
length of these descriptions, the FAA requested approval from the 
Office of the Federal Register to incorporate the material by reference 
in the Federal Aviation Regulations, section 71.1, effective September 
15, 2022, through September 15, 2023. During the incorporation by 
reference period, the FAA processed all proposed changes of the 
airspace listings in FAA Order JO 7400.11G in full text as proposed 
rule documents in the Federal Register, unless there was good cause to 
forego notice and comment. Likewise, all amendments of these listings 
were published in full text as final rules in the Federal Register. 
This rule reflects the periodic integration of these final rule 
amendments into a revised edition of FAA Order JO 7400.11H, Airspace 
Designations and Reporting Points. The Director of the Federal Register 
has approved the incorporation by reference of FAA Order JO 7400.11H in 
section 71.1, as of September 15, 2023, through September 15, 2024. 
This rule also explains the procedures the FAA will use to amend the 
airspace designations incorporated by reference in part 71. This rule 
also updates sections 71.5, 71.15, 71.31, 71.33, 71.41, 71.51, 71.61, 
71.71, and 71.901 to reflect the incorporation by reference of FAA 
Order JO 7400.11H.

Incorporation by Reference

    This document incorporates by reference FAA Order JO 7400.11H, 
Airspace Designations and Reporting Points, dated August 11, 2023, and 
effective September 15, 2023, in section 71.1. FAA Order JO 7400.11H is 
publicly available as listed in the ADDRESSES section of this final 
rule. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace 
areas, air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 to reflect the approval by the 
Director of the Federal Register of the incorporation by reference of 
FAA Order JO 7400.11H, effective September 15, 2023, through September 
15, 2024. During the incorporation by reference period, the FAA will 
continue to process all proposed changes of the airspace listings in 
FAA Order JO 7400.11H in full text as proposed rule documents in the 
Federal Register, unless there is good cause to forego notice and 
comment. Likewise, all amendments of these listings will be published 
in full text as final rules in the Federal Register. The FAA will 
periodically integrate all final rule amendments into a revised edition 
of FAA Order JO 7400.11 and submit the revised edition to the Director 
of the Federal Register for approval for incorporation by reference in 
section 71.1.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points is 
published yearly and effective on September 15.

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 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

[[Page 58072]]

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 14 CFR 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.


0
2. Section 71.1 is revised to read as follows:


Sec.  71.1  Applicability.

    A listing for Class A, B, C, D, and E airspace areas; air traffic 
service routes; and reporting points can be found in FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. The approval to incorporate by reference FAA Order JO 7400.11H is 
effective September 15, 2023, through September 15, 2024. During the 
incorporation by reference period, proposed changes to the listings of 
Class A, B, C, D, and E airspace areas; air traffic service routes; and 
reporting points will be published in full text as proposed rule 
documents in the Federal Register, unless there is good cause to forego 
notice and comment. Amendments to the listings of Class A, B, C, D, and 
E airspace areas; air traffic service routes; and reporting points will 
be published in full text as final rules in the Federal Register. 
Periodically, the final rule amendments will be integrated into a 
revised edition of the Order and submitted to the Director of the 
Federal Register for approval for incorporation by reference in this 
section. This incorporation by reference (IBR) material is available 
for inspection at the Federal Aviation Administration (FAA) and at the 
National Archives and Records Administration (NARA). Contact the FAA 
at: Rules and Regulations Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591, (202) 267-8783. An 
electronic version of FAA Order JO 7400.11H is available on the FAA 
website at www.faa.gov/air_traffic/publications. Copies of FAA Order JO 
7400.11H may be inspected in Docket No. FAA-2023-1785; Amendment No. 
71-55, on www.regulations.gov. For information on the availability of 
this material at NARA, visit www.archives.gov/federalregister/CFR/IBR-locations.html or email [email protected].


Sec.  71.5  [Amended]

0
3. Section 71.5 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.15  [Amended]

0
4. Section 71.15 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.31  [Amended]

0
5. Section 71.31 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.33  [Amended]

0
6. Paragraph (c) of section 71.33 is amended by removing the words 
``FAA Order JO 7400.11G'' and adding, in their place, the words ``FAA 
Order JO 7400.11H.''


Sec.  71.41  [Amended]

0
7. Section 71.41 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.51  [Amended]

0
8. Section 71.51 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.61  [Amended]

0
9. Section 71.61 is amended by removing the words ``FAA Order JO 
7400.11G'' and adding, in their place, the words ``FAA Order JO 
7400.11H.''


Sec.  71.71  [Amended]

0
10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended 
by removing the words ``FAA Order JO 7400.11G'' and adding, in their 
place, the words ``FAA Order JO 7400.11H.''


Sec.  71.901  [Amended]

0
11. Paragraph (a) of section 71.901 is amended by removing the words 
``FAA Order JO 7400.11G'' and adding, in their place, the words ``FAA 
Order JO 7400.11H.''

    Issued in Washington, DC, on August 22, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-18344 Filed 8-24-23; 8:45 am]
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