[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Rules and Regulations]
[Pages 54228-54230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21291]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-1187; Airspace Docket No. 24-AWP-84]
RIN 2120-AA66
Modification and Revocation of Class E Airspace; Hawaiian
Islands, HI
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies the Class E5 airspace areas extending
upward from 700 feet above the surface at Lihue Airport (LIH), Lihue,
HI; Daniel K. Inouye International Airport (HNL), Honolulu, HI; and
Ellison Onizuka Kona International at Keahole Airport (KOA), Kailua-
Kona, HI, by adding an additional layer of Class E5 airspace area
extending upward from 1,200 feet above the surface. This action
complies with the international laws and treaties, and satisfies the
State of Hawaii's domestic airspace requirements. Additionally, this
action revokes the portions of the existing Class E5 airspace area
1,200 feet above the surface that extends beyond 12 miles from the
shorelines of the Hawaiian Islands into international airspace. This
action further modifies the Class E4 airspace area designated as an
extension to a Class D or Class E surface area at KOA and revokes the
Class E4 airspace area at LIH. These actions support the safe and
efficient management of instrument flight rules (IFR) operations at
airports within the Hawaiian Islands.
DATES: Effective date 0901 UTC, January 22, 2026. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, 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. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/.
FOR FURTHER INFORMATION CONTACT: Keith T. Adams, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone: (206) 231-2428.
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 revokes the Class E5 1,200 feet above the surface
airspace area designated as the ``Hawaiian Islands'' and the Class E4
airspace area at LIH, and modifies the Class E4 airspace area at KOA
and the Class E5 700 feet above the surface airspace areas at LIH, HNL,
and KOA. These actions comply with international laws and treaties,
while also supporting IFR operations for the State of Hawaii.
History
The FAA published an NPRM for Docket No. FAA 2025-1187 in the
Federal Register (87 FR 36400; August 4, 2025), proposing to: (a)
modify the Class E5 airspace areas 700 feet above the surface at Lihue
Airport, Lihue, HI; Daniel K. Inouye International Airport, Honolulu,
HI; and Ellison Onizuka Kona International at Keahole Airport, Kailua-
Kona, HI; (b) revoke the Class E5 airspace area 1,200 feet above the
surface surrounding the Hawaiian Islands; (c) modify the Class E4
airspace area for KOA; and (d) revoke the Class E4 airspace area for
LIH. This action complies with the international law associated with
United Nations Convention on the Law of the Sea (UNCLOS) and the
international treaties provision from Proclamation 5928, Territorial
Sea of the United States. A final rule issued by the FAA in 2019 rule
incorrectly applied the concept of ``archipelagic states'' under UNCLOS
to justify connecting the islands with contiguous Class E airspace.
However, FAA has since determined that because Hawaii is a U.S. state,
it is not an archipelagic state under international law, and therefore
is not entitled to such treatment. This notice proposes corrective
action to realign the Hawaiian Class E airspace with U.S. jurisdiction
and international legal standards, restricting it to airspace over U.S.
land and territorial waters.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. Two
comments were received in favor of the airspace proposal.
One commenter recommended that the FAA consider additional
clarification to the flying public regarding aircraft separation
standards while transiting between the Hawaiian Islands in situations
where flight operations may transition between domestic and
international airspace boundaries.
The FAA acknowledges the commenter's suggestion. However, aircraft
separation standards do not change in this context, as the FAA has been
delegated controlling authority for air traffic service in the Hawaiian
region, both domestically and internationally.
[[Page 54229]]
One commenter suggested that the FAA ``provide a brief
environmental review on the potential impacts of modified approach
procedures to the local community and sensitive habitat.''
The comment is not germane to the scope of this airspace action.
The FAA's action modifies only the controlled airspace areas associated
with Hawaiian Islands; it does not modify approach procedures for any
of the Hawaiian airports, although some airspace boundaries are
modified to better contain existing procedures. The potential
environmental impacts of this action have been addressed under the
FAA's environmental review process, as discussed below, and after
evaluation was determined to qualify for categorical exclusion rather
than a higher level of environmental review.
Differences From the NPRM
The FAA is modifying the airport reference points (ARP) geographic
coordinates used in the airspace legal description for the Class E5
airspace area associated with HNL, Class E4 and Class E5 airspace areas
associated with KOA, as proposed in the NPRM. However, in addition to
those proposed changes, this final rule also modifies the ARP
geographic coordinates within the Class E5 airspace area legal
description. These changes align with the FAA's aeronautical database.
These changes are needed to maintain consistency with the proposed
controlled airspace areas parameters. Specifically, the FAA has
substituted alternative geographical coordinates (Point in Space) to
replace previously used reference points to describe the airspace
boundaries associated with the legal descriptions of the airports'
controlled airspace areas.
These changes are minor and ministerial in nature, and do not
impose additional requirements on regulated parties. Accordingly, the
FAA finds good cause to bypass additional notice and comment.
Incorporation by Reference
Class E4 and Class E5 airspace areas are published in paragraphs
6004 and 6005, respectively, of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 on an annual basis. This document amends the current
version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and
effective September 15, 2025. These amendments will be published in the
next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points, is publicly available as listed in the ADDRESSES
section of this document.
The Rule
This action amends 14 CFR part 71 by modifying Class E5 airspace
areas 700 feet above surface at LIH, HNL, and KOA. Additionally, this
action revokes the Class E5 airspace area extending upward from 1,200
feet above the surface over the Hawaiian Islands. The Class E5 (1,200
feet above the surface) airspace area is redefined to comply with U.S.
territorial boundaries and international airspace sovereignty
provisions by limiting the airspace to 12 miles from the State's
coastline, as explained above. Each of the three airports' Class E5
(700 feet above the surface) airspace areas are modified to include an
additional layer of Class E5 (1,200 feet above the surface) airspace
area, designed to contain its respective island groups' territorial
lands and coastal waters.
The LIH Class E5 (700 feet above the surface) airspace area is
modified to incorporate additional Class E5 airspace area extending
upward from 1,200 feet above the surface that encompasses the islands
of Kauai and Niihau, and the islet of Kaula, limited to 12 miles from
the coastline. The Class E5 (700 feet above the surface) airspace area
is also modified to better contain the Very High Frequency
Omnidirectional Range (VOR) or Tactical Air Navigation (TACAN) Runway
(RWY) 21 instrument approach procedure for LIH, extending upward from
700 feet above the surface within a 4.3-mile radius of the airport, and
extending to the 7.3-mile radius between the airport's 354[deg] bearing
clockwise to the 192[deg] bearing.
In addition, the Class E airspace area designated as an extension
to a Class D or Class E surface area (Class E4 airspace area) is
revoked, as arriving aircraft descends through 1,000 feet above the
surface are already contained within the LIH Class D and Class E
surface areas.
The HNL Class E5 (700 feet above the surface) airspace area is
modified to incorporate an additional Class E5 (1,200 feet above the
surface) airspace area that encompasses the islands of Oahu, Molokai,
Lanai, Kahoolawe, and Maui, but limited to 12 miles from the coastline.
Additionally, the legal description for the Honolulu Class E5 (700 feet
above the surface) airspace area is updated as follows: (1) the
location is amended from Honolulu International Airport to Honolulu,
and (2) the airport's name is amended from Honolulu International
Airport to Daniel K. Inouye International Airport.
The KOA Class E5 (700 feet above the surface) airspace area is
modified to incorporate an additional Class E5 (1,200 feet above the
surface) airspace area encompassing the island of Hawaii, but limited
to 12 miles from the coastline. The KOA Class E5 (700 feet above the
surface) airspace area is also modified to better contain the VOR
Distance Measuring Equipment (DME)/TACAN RWY 17 approach procedures.
The amended Class E5 (700 feet above the surface) airspace area extends
upward from 700 feet above the surface within the airport's 7.4-mile
radius, and within 4 miles of either side of the airport's Point in
Space Alpha 002[deg] bearing, extending from the airport's 7.4-mile
radius to 11 miles north. Additionally, the KOA Class E4 airspace area
is modified to better contain the previously mentioned instrument
approach procedures descending through 1,000 feet above the surface,
extending upward from the surface within 2.8 miles either side of the
airport's Point in Space Alpha 186[deg] bearing, extending from the
airport's 4.3-mile radius to 5.7 miles south, and within 3.6 miles
either side of the airport's Point in Space Alpha 002[deg] bearing,
extending from the airport's Point in Space Alpha 4.3-mile radius to
9.5 miles north. Lastly, the airport name was updated in its legal
description from Kona International Airport at Keahole to Ellison
Onizuka Kona International at Keahole Airport.
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.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321,
et seq.) and in accordance with FAA Order 1050.1G, ``FAA National
Environmental Policy
[[Page 54230]]
Act Implementing Procedures,'' paragraph B-2.5.a. This airspace action
is not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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 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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025, and effective September 15, 2025, is amended as follows:
Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.
* * * * *
AWP HI E4 Kailua-Kona, HI [Amended]
Ellison Onizuka Kona International at Keahole Airport, HI
(Lat. 19[deg]44'00'' N, long. 156[deg]02'46'' W)
Point in Space Alpha
(Lat. 19[deg]44'20'' N, long. 156[deg]02'44'' W)
That airspace extending upward from the surface within 2.8 miles
each side of the Point in Space Alpha 186[deg] bearing extending
from the Point in Space Alpha 4.3-mile radius to 5.7 miles south,
and within 3.6 miles each side of the Point in Space Alpha 002[deg]
bearing extending from the Point in Space Alpha 4.3-mile radius to
9.5 miles north.
* * * * *
AWP HI E4 Lihue HI [Removed]
Lihue Airport, HI
(Lat. 21[deg]58'34'' N, long. 159[deg]20'20'' W)
That airspace extending upward from the surface within that
airspace beginning at lat. 21[deg]54'25'' N, long. 159[deg]21'36''
W, thence clockwise to lat. 21[deg]58'15'' N, long. 159[deg]15'42''
W; to lat. 21[deg]55'03'' N, long. 159[deg]12'10'' W; to lat.
21[deg]51'03'' N, long. 159[deg]11'05'' W; to lat. 21[deg]50'34'' N,
long. 159[deg]21'50'' W, thence to the point of beginning.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AWP HI E5 Lihue, HI [Amended]
Lihue Airport, HI
(Lat. 21[deg]58'34'' N, long. 159[deg]20'20'' W)
That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of the airport, and within an area between
the airport's 354[deg] bearing clockwise to the 192[deg] bearing
between the 4.3-mile radius and the 7.3-mile radius; and that
airspace extending upward from 1,200 feet above the surface within
12 miles of the shoreline of the islands of Kauai, Niihau, and
Kaula.
* * * * *
AWP HI E5 Honolulu, HI (Amended)
Daniel K. Inouye International Airport, HI
(Lat. 21[deg]19'04'' N, long. 157[deg]55'13'' W)
Point in Space Alpha
(Lat. 21[deg]18'30'' N, long. 157[deg]55'50'' W)
Point in Space Bravo
(Lat. 21[deg]18'26'' N, long. 158[deg]04'13'' W)
That airspace extending upward from 700 feet above the surface
at Daniel K. Inouye International Airport beginning at a line
bounded from lat. 21[deg]20'19'' N, long. 157[deg]49'00'' W, to lat.
21[deg]16'31.15'' N, long. 157[deg]45'11.19'' W, thence east bound
along the shoreline to intercept the Point in Space Alpha 15-mile
radius, thence clockwise along the Point in Space Alpha 15-mile
radius to intercept the Point in Space Alpha 241[deg] bearing,
thence northeast bound along the Point in Space Alpha 241[deg]
bearing to intercept the Point in Space Bravo 4.3-mile radius,
thence counterclockwise along the Point in Space Bravo 4.3-mile
radius to intercept the Point in Space Alpha 5-mile radius, thence
counterclockwise along the Point in Space Alpha 5-mile radius to
intercept the Point in Space Alpha 106[deg] bearing, thence
westbound along the Point in Space Alpha 106[deg] bearing to
intercept the Point in Space Alpha 4-mile radius, thence
counterclockwise along the Point in Space Alpha 4-mile radius to
intercept the Point in Space Alpha 071[deg] bearing, thence to the
point of beginning, excluding that portion beyond 12 miles of the
coastline; and that airspace beginning at lat. 21[deg]10'25'' N,
long. 158[deg]11'22'' W; to lat. 21[deg]16'05'' N, long.
158[deg]14'35'' W; to lat. 21[deg]16'30'' N, long. 158[deg]13'46''
W; to lat. 21[deg]16'50'' N, long. 158[deg]00'00'' W; to the point
of beginning; and that airspace extending upward from 1,200 feet
above the surface within 12 miles of the shoreline of the islands of
Oahu, Molokai, Lanai, Maui, and Kahoolawe.
* * * * *
AWP HI E5 Kailua-Kona, HI [Amended]
Ellison Onizuka Kona International at Keahole Airport, HI
(Lat. 19[deg]44'00'' N, long. 156[deg]02'46'' W)
Point in Space Alpha
(Lat. 19[deg]44'20'' N, long. 156[deg]02'44'' W)
That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Point in Space Alpha, and within 4 miles
each side of the Point in Space Alpha 002[deg] bearing extending
from the 7.4-mile radius to 11 miles north; and that airspace
extending upward from 1,200 feet above the surface within 12 miles
off the coastline of the Island of Hawaii.
* * * * *
AWP HI E5 Hawaiian Islands, HI [Removed]
That airspace extending upward from 1,200 feet above the surface
within 12 NM of the Hawaiian Islands' shoreline beginning at lat.
22[deg]06'28'' N, long. 159[deg]04'39'' W, to lat. 21[deg]46'57'' N,
long. 158[deg]14'41'' W, to 12 NM from the shoreline of Oahu.
Thence, clockwise along the line 12 NM from and parallel to the
shoreline of the State of Hawaii, to lat. 20[deg]30'29'' N, long.
155[deg]53'40'' W, to lat. 20[deg]28'08'' N, long. 155[deg]52'03''
W, to 12 NM from the shoreline of Hawaii. Thence, clockwise along
the line 12 NM from and parallel to the shoreline of Hawaii to lat.
20[deg]03'26'' N, long. 156[deg]05'30'' W, to lat. 20[deg]22'48'' N,
long.156[deg]18'51'' W, to 12 NM from the shoreline of Maui. Thence
clockwise along the line 12 NM from and parallel to the shoreline of
the State of Hawaii, to lat. 21[deg]25'19'' N, long. 158[deg]26'08''
W, to lat. 21[deg]44'34'' N, long. 159[deg]15'27'' W, to 12 NM from
the shoreline of Kauai. Thence, clockwise along the line 12 NM from
and parallel to the shoreline of the State of Hawaii to the
beginning.
* * * * *
Issued in Des Moines, Washington, on November 24, 2025.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2025-21291 Filed 11-25-25; 8:45 am]
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