Proposed Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas; Hawaii., 15521-15524 [2018-07384]

Download as PDF Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Pratt & Whitney: Docket No. FAA–2017– 1206; Product Identifier 2017–NE–42– AD. (a) Comments Due Date We must receive comments by May 29, 2018. (b) Affected ADs None. (c) Applicability This AD applies to all Pratt & Whitney (PW) PW2037, PW2037M, and PW2040 turbofan engines with JFC104–1 fuel control units (FCUs) with serial numbers listed in the Accomplishment Instructions, Table 1, of PW Alert Service Bulletin PW2000 A73–172, dated October 16, 2017. nshattuck on DSK9F9SC42PROD with PROPOSALS (d) Subject Joint Aircraft System Component (JASC) Code 7321, Fuel Control/Turbine Engines. (e) Unsafe Condition This AD was prompted by an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016. We are issuing this AD to prevent failure of the end cap to remain taut, causing uncommanded higher fuel flow to the engine. The unsafe condition, if not addressed, could result in failure of the FCU, loss of engine VerDate Sep<11>2014 14:52 Apr 10, 2018 Jkt 244001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. Issued in Burlington, Massachusetts, on April 5, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2018–07413 Filed 4–10–18; 8:45 am] BILLING CODE 4910–13–P (g) Required Actions Remove from service the metering valve pilot valve (MVPV) from the FCU at the next FCU overhaul after the effective date of the AD and replace the MVPV with a part eligible for installation. (h) Definitions (1) For the purpose of this AD, an FCU overhaul is defined as the removal of the FCU from the engine and induction of the FCU into a FCU shop that can perform these procedures regardless of the scheduled maintenance action or the reason for the FCU removal. (2) For the purpose of this AD, a part eligible for installation is one of the following: (i) A zero time MVPV, or (ii) An MVPV repaired by a method approved by the FAA that includes an end plug with tamper proof features. (i) Installation Prohibition 1. The authority citation for part 39 continues to read as follows: ■ § 39.13 thrust control and reduced control of the airplane. 15521 After the effective date of this AD, do not install any MVPV removed in accordance with paragraph (g) unless it has been repaired per paragraph (h)(2)(ii) of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: ANE-ADAMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information (1) For more information about this AD, contact Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238– 7088; fax: 781–238–7199; email: Kevin.M.Clark@faa.gov. (2) For service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800–565–0140; fax: 860–565–5442. You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7759. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2017–1013; Airspace Docket No. 17–AWP–12] Proposed Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas; Hawaii. Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to establish the Hawaiian High and Hawaiian Low Offshore airspace area. The proposed action would establish Class A airspace extending upward from 18,000 feet mean sea level (MSL) to and including flight level (FL) 600; and Class E airspace, extending upward from 1,200 feet MSL to and including 17,999 feet MSL around the Hawaiian Islands. The FAA is proposing this action to provide additional airspace within which domestic air traffic control (ATC) procedures would be used. Establishment of the Class A and Class E airspaces would enhance the management of air traffic operations and result in more efficient use of that airspace. DATES: Comments must be received on or before May 29, 2018. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; telephone: 1 (800) 647–5527, or (202) 366–9826. You must identify FAA Docket Number FAA–2017–1013 and Airspace Docket Number 17–AWP–12 at the beginning of your comments. You may also submit comments through the internet at https:// www.regulations.gov. FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/ publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence SUMMARY: E:\FR\FM\11APP1.SGM 11APP1 15522 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules 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 7400.11B at NARA, call (202) 741–6030, or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: nshattuck on DSK9F9SC42PROD with PROPOSALS 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 support offshore airspace areas around the Hawaiian Islands, and apply domestic air traffic control procedures. Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket Number FAA–2017–1013 and Airspace Docket Number 17–AWP–12) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at https://www.regulations.gov. Commenters wishing the FAA to acknowledge receipt of their comments VerDate Sep<11>2014 14:52 Apr 10, 2018 Jkt 244001 on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket Number FAA–2017–1013 and Airspace Docket Number 17–AWP–12.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM’s An electronic copy of this document may be downloaded through the internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at https:// www.faa.gov/air_traffic/publications/ airspace_amendments/. You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ‘‘ADDRESSES’’ section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 1601 Lind Ave. SW, Renton, WA 98057. Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11B, airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. Background The existing airspace configuration is not consistent with the domestic airspace established throughout the rest of the United States and does not meet the uniform international standards and recommended practices, as promulgated PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 by the International Civil Aviation Organization (ICAO). The area controlled by Honolulu Control Facility (HCF) is within Oakland Oceanic Control Area/Flight Information Region (CTA/FIR) Boundary. The provision of ATC services is delegated by Oakland Air Route Traffic Control Center (ZOA) to HCF to provide flight information and alerting service within this area. Currently, HCF has Domestic Class E airspace out to 100 miles around the Hawaiian Islands. Due to the incorrect airspace designations, HCF is providing domestic IFR separation services within HCF airspace 1,200 feet MSL up to FL 600, inclusive, and in international airspace without a designated offshore airspace area. The absence of Class E and Class A airspace to the boundary of HCF’s delegated airspace where ATC has radar and radio navigational signal coverage is inconsistent with the CFRs and will be corrected with this proposed rule. Under a separate rulemaking action, domestic airspace will be amended out to the 12 nautical miles limit surrounding the Hawaiian Islands. Additionally, the establishment of the high and low Offshore Airspace Areas will extend beyond the 12 NM limit to the boundary of the HCF delegated airspace. The Proposal The FAA is proposing an amendment to 14 CFR part 71 to establish the Hawaiian Islands High and the Hawaiian Islands Low Offshore airspace areas. The proposed area would consist of Class A airspace, extending upward from 18,000 MSL up to and including FL 600, and Class E airspace, extending upward from 1,200 feet MSL up to and including 17,999 feet MSL within HCF’s designated airspace around the Hawaiian Islands. This action would facilitate the application of domestic ATC procedures within that airspace, thereby enhancing the flow of air traffic and increasing system capacity. In addition, this action would enhance safety by providing for the positive control of all aircraft operating in the area. The proposed action would also support the development of a more efficient route system and would enable airspace classification and ATC separation procedures to be consistently applied around the Hawaiian Islands. Finally, the proposed modification would establish the same classification and operating rules that currently apply in adjacent airspace. Class A and E Offshore airspace area designations are published in paragraph 2003 and 6007 respectively, in FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which E:\FR\FM\11APP1.SGM 11APP1 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules nshattuck on DSK9F9SC42PROD with PROPOSALS is incorporated by reference in 14 CFR 71.1. The offshore airspace area designations listed in this document will be published subsequently in the Order. ICAO Considerations As part of this proposal relates to navigable airspace outside the United States, this notice is submitted in accordance with the ICAO International Standards and Recommended Practices. Article 12 to the Chicago Convention provides that over the high seas the rules inforce shall be those established under the convention. The application of International Standards and Recommended Practices by the FAA, Office of Airspace Services, in areas outside United States domestic airspace, is governed by Annexes 2 (Rule of the Air) and 11 (Air Traffic Services) to the Convention on International Civil Aviation, 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. Since this action involves, in part, the designation of navigable airspace outside the United States, the Administrator is consulting with the Secretary of State and the Secretary of Defense in accordance with the provisions of Executive Order 10854. Regulatory Notices and Analyses The FAA has determined that this proposed regulation only involves an VerDate Sep<11>2014 14:52 Apr 10, 2018 Jkt 244001 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 This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. 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, CLASS B, CLASS C, CLASS D AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS. 1. The authority citation for 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017 and effective September 15, 2017, is amended as follows: ■ Paragraph 2003 Offshore Airspace Areas * * * * * Hawaiian Islands High [New] That airspace extending upward from 18,000 feet MSL to and including FL 600 within the area bounded by a line beginning at lat. 24°43′17″ N, long. 155°15′47″ W; to lat. 24°17′45″ N, long. 154°15′00″ W; to lat. 23°46′50″ N, long. 153°21′58″ W; to lat. 23°01′27″ N, long. 152°34′40″ W; to lat. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 15523 22°20′39″ N, long. 151°53′07″ W; to lat. 21°32′52″ N, long. 151°27′59″ W; to lat. 20°41′49″ N, long. 151°01′09″ W; to lat. 19°41′47″ N, long. 150°30′11″ W; to lat. 19°13′22″ N, long. 151°52′46″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 18°06′32″ N, long. 155°42′42″ W; to lat. 17°48′18″ N, long. 156°04′05″ W; to lat. 17°10′14″ N, long. 156°48′21″ W; to lat. 17°10′14″ N, long. 157°45′24″ W; to lat. 17°13′28″ N, long. 158°15′04″ W; to lat. 17°45′21″ N, long. 159°32′20″ W; to lat. 18°03′09″ N, long. 160°16′11″ W; to lat. 18°24′28″ N, long. 160°48′51″ W; to lat. 19°24′54″ N, long. 162°23′01″ W; to lat. 19°39′29″ N, long. 162°41′58″ W; to lat. 20°07′00″ N, long. 163°18′00″ W; to lat. 21°09′04″ N, long. 163°54′52″ W; to lat. 22°12′20″ N, long. 163°54′52″ W; to lat. 23°15′30″ N, long. 163°51′18″ W; to lat. 24°10′08″ N, long. 163°15′59″ W; to lat. 25°03′24″ N, long. 162°38′59″ W; to lat. 25°40′34″ N, long. 161°41′28″ W; to lat. 26°06′18″ N, long. 160°37′54″ W; to lat. 26°08′41″ N, long. 158°37′19″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. * * * * * Paragraph 6007 Offshore Airspace Areas Hawaiian Islands Low [New] That airspace extending upward from 1,200 feet MSL within the area bounded by a line beginning at lat. 19°10′04″ N, long. 153°39′43″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 19°07′10″ N, long. 155°13′34″ W; to lat. 18°45′39″ N, long. 155°35′36″ W; to lat. 18°40′54″ N, long. 156°05′48″ W; to lat. 19°24′23″ N, long. 158°36′11″ W; to lat. 20°18′00″ N, long. 160°46′52″ W; to lat. 20°49′07″ N, long. 161°33′17″ W; to lat. 21°40′37″ N, long. 161°54′48″ W; to lat. 22°31′49″ N, long. 161°55′19″ W; to lat. 23°26′57″ N, long. 161°31′39″ W; to lat. 23°57′27″ N, long. 160°54′00″ W; to lat. 24°18′03″ N, long. 159°50′09″ W; to lat. 24°10′39″ N, long. 158°54′47″ W; to lat. 23°47′34″ N, long. 158°11′12″ W; to lat. 23°30′03″ N, long. 157°29′36″ W; to lat. 23°19′54″ N, long. 156°45′02″ W; to lat. 23°13′26″ N, long. 155°42′39″ W; to lat. 22°54′59″ N, long. 154°55′06″ W; to lat. 22°28′14″ N, long. 154°19′27″ W; to lat. 21°45′08″ N, long. 153°49′50″ W; to lat. 21°02′31″ N, long. 153°38′56″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. That airspace extending upward from 5,500 feet MSL within the area bounded by a line beginning at lat. 19°11′37″ N, long. 152°50′00″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 17°48′59″ N, long. 156°03′17″ W; to lat. 18°28′58″ N, long. 157°59′36″ W; to lat. 19°03′34″ N, long. 159°48′11″ W; to lat. 19°29′40″ N, long. 160°47′02″ W; to lat. 20°00′46″ N, long. 161°44′53″ W, to lat. 20°50′35″ N, long. 162°23′01″ W; to lat. 21°50′15″ N, long. 162°44′13″ W; to lat. 22°52′38″ N, long. 162°38′25″ W; to lat. 23°55′59″ N, long. 162°08′09″ W, to lat. 24°43′41″ N, long. 161°12′18″ W; to lat. 25°00′33″ N, long. 159°50′17″ W; to lat. 24°50′45″ N, long. 158°32′32″ W; to lat. 24°19′39″ N, long. E:\FR\FM\11APP1.SGM 11APP1 15524 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules 157°32′31″ W; to lat. 23°59′14″ N, long. 156°28′23″ W; to lat. 23°53′49″ N, long. 155°25′33″ W; to lat. 23°24′55″ N, long. 154°15′20″ W; to lat. 22°41′48″ N, long. 153°28′59″ W; to lat. 21°45′32″ N, long. 152°58′57″ W; to lat. 20°35′50″ N, long. 152°48′18″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. That airspace upward from 10,000 feet MSL within the area bounded by a line beginning at lat. 19°12′44″ N, long. 152°12′34″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 17°20′23″ N, long. 156°36′33″ W; to lat. 18°33′07″ N, long. 159°55′59″ W; to lat. 19°03′09″ N, long. 161°10′15″ W; to lat. 19°31′51″ N, long. 162°00′41″ W; to lat. 20°11′04″ N, long. 162°40′05″ W; to lat. 20°58′47″ N, long. 163°04′59″ W; to lat. 21°56′05″ N, long. 163°19′16″ W; to lat. 22°54′36″ N, long. 163°13′18″ W; to lat. 23°36′43″ N, long. 162°58′50″ W; to lat. 24°30′39″ N, long. 162°32′55″ W; to lat. 25°07′02″ N, long. 161°36′02″ W; to lat. 25°33′41″ N, long. 160°06′39″ W; to lat. 25°27′34″ N, long. 158°34′55″ W; to lat. 24°43′37″ N, long. 156°56′38″ W; to lat. 24°30′12″ N, long. 155°51′07″ W; to lat. 24°16′10″ N, long. 154°47′02″ W; to lat. 23°53′14″ N, long. 153°57′47″ W; to lat. 23°14′36″ N, long. 153°08′32″ W; to lat. 22°20′47″ N, long. 152°35′51″ W; to lat. 21°12′25″ N, long. 152°13′34″ W; to lat. 20°33′20″ N, long. 152°11′55″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. * * * * * Issued in Washington, DC, on April 4, 2018. Rodger A. Dean Jr., Manager, Airspace Policy Group. [FR Doc. 2018–07384 Filed 4–10–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 658 [FHWA Docket No. FHWA–2018–0016] RIN 2125–AF82 Addition to the National Network Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. AGENCY: The FHWA is proposing to approve the addition of Sheridan Boulevard (NY 895) to the National Network (NN) and to revise its regulations to reflect the addition. The facility currently known as ‘‘Interstate895 Sheridan Expressway’’ in New York City, located in Bronx County, will be reconstructed, removed from the National System of Interstate and nshattuck on DSK9F9SC42PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:59 Apr 10, 2018 Jkt 244001 Defense Highways (Interstate System) to accommodate new design features, and classified as an ‘‘Urban Principal Arterial—Other.’’ This facility will be identified as the ‘‘Sheridan Boulevard (NY 895).’’ DATES: Comments must be received on or before April 23, 2018. ADDRESSES: Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, submit comments electronically at https://www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notifications of receipt of comments must include a selfaddressed, stamped postcard or may print the acknowledgment page that appears after submitting comments electronically. Anyone can search the electronic form of all comments in any one of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, (Volume 65, Number 70, Pages 19477–78) or you may visit https:// DocketsInfo.dot.gov. Background The NN consists of Interstate System routes (except exempted routes) and those non-Interstate System routes added through the rulemaking process. See 49 U.S.C. 31111(e)–(f) and 31113(e); 23 CFR 658 Appendix A; see also 49 FR 23302 (June 5, 1984). To ensure that the NN remains substantially intact, FHWA retains the authority to rule upon all requests for additions to and deletions from the NN as well as requests for the imposition of certain restrictions. Pursuant to 23 CFR 658.11, requests for additions to the NN must be submitted in writing to the appropriate FHWA Division Office and endorsed by the Governor or the Governor’s authorized representative. Proposals for addition of routes to the NN must also be accompanied by an analysis of suitability based on the criteria in 23 CFR 658.9. Once a non-Interstate System route is added to the NN, it is included in Appendix A of 23 CFR part 658—National Network—Federally Designated Routes. On November 10, 2017, FHWA received a request from the New York State Department of Transportation (NYSDOT) proposing a modification to the Interstate System. The request, available in the rulemaking docket, proposes the de-designation (removal from the Interstate System) of the Sheridan Expressway (I–895), approximately a 1.3-mile Interstate between the Bruckner Expressway (I– 278) and the Cross Bronx Expressway (I–95). As part of the de-designation, the FOR FURTHER INFORMATION CONTACT: For State also proposes the functional technical information, contact Ms. reclassification of this highway segment Crystal Jones, FHWA Office of Freight from an Interstate to ‘‘Urban Principal Management and Operations, (202) 366– Arterial—Other’’ and to rename the road 2976. For legal information, contact Mr. Sheridan Boulevard (NY–895). The William Winne, Office of Chief Counsel, physical alignment of the highway (202) 366–1397. Federal Highway would be maintained and it would Administration, 1200 New Jersey therefore continue to provide the same Avenue SE, Washington, DC 20590. access for commercial vehicles as Office hours are from 7:45 a.m. to 4:15 currently exists. The FHWA intends to p.m., e.t., Monday through Friday, act on this request pursuant to its except Federal holidays. regulatory authority on revisions to the SUPPLEMENTARY INFORMATION: Interstate System (23 CFR 470.115(a) and 23 CFR 658.11(d)) and guidance on Electronic Access and Filing Interstate System de-designations You may submit or retrieve comments (https://www.fhwa.dot.gov/planning/ online through the Federal eRulemaking national_highway_system/interstate_ portal at www.regulations.gov. It is highway_system/withdrawalqa.cfm). available 24 hours each day, 365 days The NYSDOT intends to keep each year. Please follow the instructions Sheridan Boulevard (NY–895) in the online for more information and help. NN. Because the route would no longer be in the Interstate System, it must be An electronic copy of this document added to NN as a non-Interstate System may also be downloaded by accessing the Office of the Federal Register’s home route and be listed in 23 CFR 658 page at: https://www.archives.gov and the Appendix A. The NYSDOT proposal included the required analysis of Government Publishing Office’s web suitability based on the criteria in 23 page at: https://www.access.gpo.gov/ CFR 658.9, which includes a crash nara. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM 11APP1

Agencies

[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15521-15524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1013; Airspace Docket No. 17-AWP-12]


Proposed Establishment of the Hawaiian Islands High and the 
Hawaiian Islands Low Offshore Airspace Areas; Hawaii.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish the Hawaiian High and 
Hawaiian Low Offshore airspace area. The proposed action would 
establish Class A airspace extending upward from 18,000 feet mean sea 
level (MSL) to and including flight level (FL) 600; and Class E 
airspace, extending upward from 1,200 feet MSL to and including 17,999 
feet MSL around the Hawaiian Islands. The FAA is proposing this action 
to provide additional airspace within which domestic air traffic 
control (ATC) procedures would be used. Establishment of the Class A 
and Class E airspaces would enhance the management of air traffic 
operations and result in more efficient use of that airspace.

DATES: Comments must be received on or before May 29, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA 
Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12 at the 
beginning of your comments. You may also submit comments through the 
internet at https://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence

[[Page 15522]]

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 
7400.11B at NARA, call (202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, 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 support offshore airspace areas around the 
Hawaiian Islands, and apply domestic air traffic control procedures.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket 
Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12) and be 
submitted in triplicate to the Docket Management Facility (see 
ADDRESSES section for address and phone number). You may also submit 
comments through the internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-
12.'' The postcard will be date/time stamped and returned to the 
commenter.
    All communications received on or before the specified comment 
closing date will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ``ADDRESSES'' section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Western Service Center, Operations 
Support Group, Federal Aviation Administration, 1601 Lind Ave. SW, 
Renton, WA 98057.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, airspace 
Designations and Reporting Points, dated August 3, 2017, and effective 
September 15, 2017. FAA Order 7400.11B is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11B lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Background

    The existing airspace configuration is not consistent with the 
domestic airspace established throughout the rest of the United States 
and does not meet the uniform international standards and recommended 
practices, as promulgated by the International Civil Aviation 
Organization (ICAO). The area controlled by Honolulu Control Facility 
(HCF) is within Oakland Oceanic Control Area/Flight Information Region 
(CTA/FIR) Boundary. The provision of ATC services is delegated by 
Oakland Air Route Traffic Control Center (ZOA) to HCF to provide flight 
information and alerting service within this area. Currently, HCF has 
Domestic Class E airspace out to 100 miles around the Hawaiian Islands. 
Due to the incorrect airspace designations, HCF is providing domestic 
IFR separation services within HCF airspace 1,200 feet MSL up to FL 
600, inclusive, and in international airspace without a designated 
offshore airspace area. The absence of Class E and Class A airspace to 
the boundary of HCF's delegated airspace where ATC has radar and radio 
navigational signal coverage is inconsistent with the CFRs and will be 
corrected with this proposed rule. Under a separate rulemaking action, 
domestic airspace will be amended out to the 12 nautical miles limit 
surrounding the Hawaiian Islands. Additionally, the establishment of 
the high and low Offshore Airspace Areas will extend beyond the 12 NM 
limit to the boundary of the HCF delegated airspace.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish 
the Hawaiian Islands High and the Hawaiian Islands Low Offshore 
airspace areas. The proposed area would consist of Class A airspace, 
extending upward from 18,000 MSL up to and including FL 600, and Class 
E airspace, extending upward from 1,200 feet MSL up to and including 
17,999 feet MSL within HCF's designated airspace around the Hawaiian 
Islands. This action would facilitate the application of domestic ATC 
procedures within that airspace, thereby enhancing the flow of air 
traffic and increasing system capacity. In addition, this action would 
enhance safety by providing for the positive control of all aircraft 
operating in the area. The proposed action would also support the 
development of a more efficient route system and would enable airspace 
classification and ATC separation procedures to be consistently applied 
around the Hawaiian Islands. Finally, the proposed modification would 
establish the same classification and operating rules that currently 
apply in adjacent airspace.
    Class A and E Offshore airspace area designations are published in 
paragraph 2003 and 6007 respectively, in FAA Order 7400.11B, dated 
August 3, 2017, and effective September 15, 2017, which

[[Page 15523]]

is incorporated by reference in 14 CFR 71.1. The offshore airspace area 
designations listed in this document will be published subsequently in 
the Order.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the ICAO 
International Standards and Recommended Practices. Article 12 to the 
Chicago Convention provides that over the high seas the rules inforce 
shall be those established under the convention. The application of 
International Standards and Recommended Practices by the FAA, Office of 
Airspace Services, in areas outside United States domestic airspace, is 
governed by Annexes 2 (Rule of the Air) and 11 (Air Traffic Services) 
to the Convention on International Civil Aviation, 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. Since this action 
involves, in part, the designation of navigable airspace outside the 
United States, the Administrator is consulting with the Secretary of 
State and the Secretary of Defense in accordance with the provisions of 
Executive Order 10854.

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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

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, CLASS B, CLASS C, CLASS D AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS.

0
1. The authority citation for 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 7400.11B, 
Airspace Designations and Reporting Points, dated August 3, 2017 and 
effective September 15, 2017, is amended as follows:

Paragraph 2003 Offshore Airspace Areas

* * * * *

Hawaiian Islands High [New]

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 within the area bounded by a line beginning at lat. 
24[deg]43'17'' N, long. 155[deg]15'47'' W; to lat. 24[deg]17'45'' N, 
long. 154[deg]15'00'' W; to lat. 23[deg]46'50'' N, long. 
153[deg]21'58'' W; to lat. 23[deg]01'27'' N, long. 152[deg]34'40'' 
W; to lat. 22[deg]20'39'' N, long. 151[deg]53'07'' W; to lat. 
21[deg]32'52'' N, long. 151[deg]27'59'' W; to lat. 20[deg]41'49'' N, 
long. 151[deg]01'09'' W; to lat. 19[deg]41'47'' N, long. 
150[deg]30'11'' W; to lat. 19[deg]13'22'' N, long. 151[deg]52'46'' 
W; to lat. 19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 
18[deg]06'32'' N, long. 155[deg]42'42'' W; to lat. 17[deg]48'18'' N, 
long. 156[deg]04'05'' W; to lat. 17[deg]10'14'' N, long. 
156[deg]48'21'' W; to lat. 17[deg]10'14'' N, long. 157[deg]45'24'' 
W; to lat. 17[deg]13'28'' N, long. 158[deg]15'04'' W; to lat. 
17[deg]45'21'' N, long. 159[deg]32'20'' W; to lat. 18[deg]03'09'' N, 
long. 160[deg]16'11'' W; to lat. 18[deg]24'28'' N, long. 
160[deg]48'51'' W; to lat. 19[deg]24'54'' N, long. 162[deg]23'01'' 
W; to lat. 19[deg]39'29'' N, long. 162[deg]41'58'' W; to lat. 
20[deg]07'00'' N, long. 163[deg]18'00'' W; to lat. 21[deg]09'04'' N, 
long. 163[deg]54'52'' W; to lat. 22[deg]12'20'' N, long. 
163[deg]54'52'' W; to lat. 23[deg]15'30'' N, long. 163[deg]51'18'' 
W; to lat. 24[deg]10'08'' N, long. 163[deg]15'59'' W; to lat. 
25[deg]03'24'' N, long. 162[deg]38'59'' W; to lat. 25[deg]40'34'' N, 
long. 161[deg]41'28'' W; to lat. 26[deg]06'18'' N, long. 
160[deg]37'54'' W; to lat. 26[deg]08'41'' N, long. 158[deg]37'19'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii.
* * * * *

Paragraph 6007 Offshore Airspace Areas

Hawaiian Islands Low [New]

    That airspace extending upward from 1,200 feet MSL within the 
area bounded by a line beginning at lat. 19[deg]10'04'' N, long. 
153[deg]39'43'' W; to lat. 19[deg]08'32'' N, long. 154[deg]29'00'' 
W; to lat. 19[deg]07'10'' N, long. 155[deg]13'34'' W; to lat. 
18[deg]45'39'' N, long. 155[deg]35'36'' W; to lat. 18[deg]40'54'' N, 
long. 156[deg]05'48'' W; to lat. 19[deg]24'23'' N, long. 
158[deg]36'11'' W; to lat. 20[deg]18'00'' N, long. 160[deg]46'52'' 
W; to lat. 20[deg]49'07'' N, long. 161[deg]33'17'' W; to lat. 
21[deg]40'37'' N, long. 161[deg]54'48'' W; to lat. 22[deg]31'49'' N, 
long. 161[deg]55'19'' W; to lat. 23[deg]26'57'' N, long. 
161[deg]31'39'' W; to lat. 23[deg]57'27'' N, long. 160[deg]54'00'' 
W; to lat. 24[deg]18'03'' N, long. 159[deg]50'09'' W; to lat. 
24[deg]10'39'' N, long. 158[deg]54'47'' W; to lat. 23[deg]47'34'' N, 
long. 158[deg]11'12'' W; to lat. 23[deg]30'03'' N, long. 
157[deg]29'36'' W; to lat. 23[deg]19'54'' N, long. 156[deg]45'02'' 
W; to lat. 23[deg]13'26'' N, long. 155[deg]42'39'' W; to lat. 
22[deg]54'59'' N, long. 154[deg]55'06'' W; to lat. 22[deg]28'14'' N, 
long. 154[deg]19'27'' W; to lat. 21[deg]45'08'' N, long. 
153[deg]49'50'' W; to lat. 21[deg]02'31'' N, long. 153[deg]38'56'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii. That airspace 
extending upward from 5,500 feet MSL within the area bounded by a 
line beginning at lat. 19[deg]11'37'' N, long. 152[deg]50'00'' W; to 
lat. 19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 
17[deg]48'59'' N, long. 156[deg]03'17'' W; to lat. 18[deg]28'58'' N, 
long. 157[deg]59'36'' W; to lat. 19[deg]03'34'' N, long. 
159[deg]48'11'' W; to lat. 19[deg]29'40'' N, long. 160[deg]47'02'' 
W; to lat. 20[deg]00'46'' N, long. 161[deg]44'53'' W, to lat. 
20[deg]50'35'' N, long. 162[deg]23'01'' W; to lat. 21[deg]50'15'' N, 
long. 162[deg]44'13'' W; to lat. 22[deg]52'38'' N, long. 
162[deg]38'25'' W; to lat. 23[deg]55'59'' N, long. 162[deg]08'09'' 
W, to lat. 24[deg]43'41'' N, long. 161[deg]12'18'' W; to lat. 
25[deg]00'33'' N, long. 159[deg]50'17'' W; to lat. 24[deg]50'45'' N, 
long. 158[deg]32'32'' W; to lat. 24[deg]19'39'' N, long.

[[Page 15524]]

157[deg]32'31'' W; to lat. 23[deg]59'14'' N, long. 156[deg]28'23'' 
W; to lat. 23[deg]53'49'' N, long. 155[deg]25'33'' W; to lat. 
23[deg]24'55'' N, long. 154[deg]15'20'' W; to lat. 22[deg]41'48'' N, 
long. 153[deg]28'59'' W; to lat. 21[deg]45'32'' N, long. 
152[deg]58'57'' W; to lat. 20[deg]35'50'' N, long. 152[deg]48'18'' 
W; thence to the point of beginning, excluding that airspace within 
12 miles of the shoreline of the State of Hawaii. That airspace 
upward from 10,000 feet MSL within the area bounded by a line 
beginning at lat. 19[deg]12'44'' N, long. 152[deg]12'34'' W; to lat. 
19[deg]08'32'' N, long. 154[deg]29'00'' W; to lat. 17[deg]20'23'' N, 
long. 156[deg]36'33'' W; to lat. 18[deg]33'07'' N, long. 
159[deg]55'59'' W; to lat. 19[deg]03'09'' N, long. 161[deg]10'15'' 
W; to lat. 19[deg]31'51'' N, long. 162[deg]00'41'' W; to lat. 
20[deg]11'04'' N, long. 162[deg]40'05'' W; to lat. 20[deg]58'47'' N, 
long. 163[deg]04'59'' W; to lat. 21[deg]56'05'' N, long. 
163[deg]19'16'' W; to lat. 22[deg]54'36'' N, long. 163[deg]13'18'' 
W; to lat. 23[deg]36'43'' N, long. 162[deg]58'50'' W; to lat. 
24[deg]30'39'' N, long. 162[deg]32'55'' W; to lat. 25[deg]07'02'' N, 
long. 161[deg]36'02'' W; to lat. 25[deg]33'41'' N, long. 
160[deg]06′39'' W; to lat. 25[deg]27'34'' N, long. 
158[deg]34'55'' W; to lat. 24[deg]43'37'' N, long. 156[deg]56'38'' 
W; to lat. 24[deg]30'12'' N, long. 155[deg]51'07'' W; to lat. 
24[deg]16'10'' N, long. 154[deg]47'02'' W; to lat. 23[deg]53'14'' N, 
long. 153[deg]57'47'' W; to lat. 23[deg]14'36'' N, long. 
153[deg]08'32'' W; to lat. 22[deg]20'47'' N, long. 152[deg]35'51'' 
W; to lat. 21[deg]12'25'' N, long. 152[deg]13'34'' W; to lat. 
20[deg]33'20'' N, long. 152[deg]11'55'' W; thence to the point of 
beginning, excluding that airspace within 12 miles of the shoreline 
of the State of Hawaii.
* * * * *

    Issued in Washington, DC, on April 4, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-07384 Filed 4-10-18; 8:45 am]
 BILLING CODE 4910-13-P

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