Proposed Amendment of Class D and Class E Airspace, and Establishment of Class E Airspace; Honolulu, HI, 34956-34958 [2018-15738]
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Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules
member shall have an alternate who
shall have the same qualifications as the
member.
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■ 3. Revise § 956.21 to read as follows:
§ 956.21
Term of office.
(a) Except as otherwise provided in
paragraph (b) of this section, the term of
office of grower and handler Committee
members and their respective alternates
shall be two years beginning on June 1.
The terms shall be determined so that
one-half of the grower membership and
one-half of the handler membership
shall terminate every year. Members and
alternates shall serve during the term of
office for which they are selected and
have been qualified, or during that
portion thereof beginning on the date on
which they qualify during such term of
office and continuing until the end
thereof, or until their successors are
selected and have qualified.
(b) The term of office of the initial
members and alternates shall begin as
soon as possible after the effective date
of this subpart. One-half of the initial
industry grower and handler members
and alternates shall serve for a one year
term and one-half shall serve for a two
year term. The initial, as well as all
successive terms of office of the public
member and alternate member shall be
for three years.
(c) The consecutive terms of office for
all members shall be limited to two twoyear terms. There shall be no such
limitation for alternate members.
■ 4. Revise § 956.28 to read as follows:
§ 956.28
Procedure
(a) Four members of the Committee
shall constitute a quorum, and four
concurring votes shall be required to
pass any motion or approve any
Committee action, except that
recommendations made pursuant to
§ 956.61 shall require five concurring
votes.
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jstallworth on DSKBBY8HB2PROD with PROPOSALS
Dated: July 19, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–15792 Filed 7–23–18; 8:45 am]
BILLING CODE 3410–02–P
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DEPARTMENT OF TRANSPORTATION
published yearly and effective on
September 15.
Federal Aviation Administration
FOR FURTHER INFORMATION CONTACT:
14 CFR Part 71
[Docket No. FAA–2014–0878; Airspace
Docket No. 14–AWP–10]
RIN 2120–AA66
Proposed Amendment of Class D and
Class E Airspace, and Establishment
of Class E Airspace; Honolulu, HI
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
modify Class D airspace, and Class E
airspace extending upward from 700
feet above the surface, and establish
Class E surface area airspace at Wheeler
Army Airfield (AAF), Honolulu, HI.
This action also would update the
airport name and geographic
coordinates in the associated Class D
and E airspace areas to match the FAA’s
aeronautical database, and would
replace outdated language in the
airspace description. An editorial
change to the airspace designations also
would be made.
DATES: Comments must be received on
or before September 7, 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; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2014–0878; Airspace Docket No. 14–
AWP–10, 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
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
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Steve Haga, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 2200 S
216th St., Des Moines, WA 98198–6547;
telephone (206) 231–2252.
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 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
amend Class D and Class E airspace at
Wheeler Army Airfield (AAF),
Honolulu, HI, to support standard
instrument approach procedures for IFR
operations at the airport.
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 and be submitted in
triplicate to the address listed above.
Persons wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA–
2014–0878; Airspace Docket No. 14–
AWP–10’’. The postcard will be date/
time stamped and returned to the
commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
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Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
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 the
ADDRESSES section for the 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 Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 2200 S
216th St., Des Moines, WA 98198–6547.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
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.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by modifying Class D
airspace, Class E airspace extending
upward from 700 feet above the surface,
and establishing Class E surface area
airspace at Wheeler AAF, Honolulu, HI.
Class D airspace extending upward
from the surface to and including 3,300
feet MSL would be modified to within
a 2.6-mile radius of Wheeler AAF,
(formerly Wheeler AFB), then extend to
a 3.7-mile radius from the southeast to
the southwest, adjoining the boundary
of Restricted Area R–3109 to the west,
excluding that airspace below 1,800 feet
MSL beyond 3.3 miles from the airport
from the 89° bearing clockwise to the
218° bearing from the airport.
Additionally, an editorial change
would be made to the Class D airspace
legal description removing the words
‘‘Airport/Facility Directory’’. An
editorial change also would be made
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removing the city associated with the
airport name in the airspace designation
to comply with a recent change to FAA
Order 7400.2L, Procedures for Handling
Airspace Matters.
Class E surface area airspace would be
established to be coincident with the
lateral dimensions of the Class D
airspace, and would be effective
continuously to provide protection to
instrument procedures.
Class E airspace extending upward
from 700 feet would be modified to that
airspace within a 4.2-mile radius of
Wheeler AAF. The Koko Head VORTAC
navigation aid would be removed, as it
is no longer needed to describe the
boundary.
Additionally, this action proposes to
update the airport name from Wheeler
AFB to Wheeler AAF, and the
geographic coordinates for the
associated Class D and Class E airspace
areas to match the FAA’s aeronautical
database.
Class D and Class E airspace
designations are published in paragraph
5000, 6002, and 6005, respectively, of
FAA Order 7400.11B, dated August 3,
2017, and effective September 15, 2017,
which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace
designations listed in this document
will be published subsequently in the
Order.
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, is non-controversial and
unlikely to result in adverse or negative
comments. 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 will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would 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 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, 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
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.
§ 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 5000
Class D Airspace.
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AWP HI D Honolulu, HI [Amended]
Wheeler AAF, HI
(Lat. 21°28′53″ N, long. 158°02′16″ W)
That airspace extending upward from the
surface to and including 3,300 feet MSL
bounded by a line from lat. 21°31′03″ N, long.
158°04′30″ W; to lat. 21°31′25″ N, long.
158°03′00″ W, thence clockwise along a 2.6mile radius of Wheeler AAF to lat. 21°30′33″
N, long. 158°00′07″ W; to lat. 21°28′41″ N,
long. 157°58′19″ W, thence clockwise along
a 3.7-mile radius of the airport to lat.
21°25′46″ N, long. 158°04′24″ W; to lat.
21°26′52″ N, long. 158°04′31″ W; to lat.
21°27′17″ N, long. 158°05′45″ W; to lat.
21°29′14″ N, long. 158°04′50″ W; to lat.
21°30′18″ N, long. 158°03′59″ W; thence to
the point of beginning, excluding that
airspace below 1,800 feet MSL beyond 3.3
miles from the airport from the 89° bearing
clockwise to the 218° bearing from the
airport. This Class D airspace area is effective
during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Pacific Chart Supplement.
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
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AWP HI E2 Honolulu, HI [New]
Wheeler AAF, HI
(Lat. 21°28′53″ N, long. 158°02′16″ W)
That airspace extending upward from the
surface bounded by a line from lat. 21°31′03″
N, long. 158°04′30″ W; to lat. 21°31′25″ N,
long. 158°03′00″ W, thence clockwise along
a 2.6-mile radius of Wheeler AAF to lat.
21°30′33″ N, long. 158°00′07″ W; to lat.
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Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules
21°28′41″ N, long. 157°58′19″ W, thence
clockwise along a 3.7-mile radius of the
airport to lat. 21°25′46″ N, long. 158°04′24″
W; to lat. 21°26′52″ N, long. 158°04′31″ W;
to lat. 21°27′17″ N, long. 158°05′45″ W; to lat.
21°29′14″ N, long. 158°04′50″ W; to lat.
21°30′18″ N, long. 158°03′59″ W; thence to
the point of beginning; excluding that
airspace below 1,800 feet MSL beyond 3.3
miles from the airport from the 89° bearing
clockwise to the 218° bearing from the
airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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AWP HI E5 Honolulu, HI [Amended]
Wheeler AAF, HI
(Lat. 21°28′53″ N, long. 158°02′16″ W)
That airspace extending upward from 700
feet above the surface within a 4.2-mile
radius of Wheeler AAF, excluding that
portion within Restricted Area R–3109, when
active.
Issued in Seattle, Washington, on July 17,
2018.
Shawn M. Kozica,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2018–15738 Filed 7–23–18; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 230
[Release No. 33–10521; File No. S7–18–18]
RIN 3235–AM38
Concept Release on Compensatory
Securities Offerings and Sales
Securities and Exchange
Commission
ACTION: Concept release; request for
comment.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is
publishing this release to solicit
comment on the exemption from
registration under the Securities Act of
1933 (the ‘‘Securities Act’’) for securities
issued by non-reporting companies
pursuant to compensatory
arrangements, and Form S–8, the
registration statement for compensatory
offerings by reporting companies.
Significant evolution has taken place
both in the types of compensatory
offerings issuers make and the
composition of the workforce since the
Commission last substantively amended
these regulations. Therefore, as we
amend the exemption as mandated by
the Economic Growth, Regulatory
Relief, and Consumer Protection Act
jstallworth on DSKBBY8HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
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(the ‘‘Act’’), we seek comment on
possible ways to modernize the
exemption and the relationship between
it and Form S–8, consistent with
investor protection.
DATES: Comments should be received on
or before September 24, 2018.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/concept.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
18–18 on the subject line.
Paper Comments
• Send paper comments to Brent J.
Fields, Secretary, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number S7–18–18. This file number
should be included on the subject line
if email is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s website (https://
www.sec.gov/rules/concept.shtml).
Comments are also available for website
viewing and copying in the
Commission’s Public Reference Room,
100 F Street NE, Washington, DC 20549,
on official business days between the
hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Anne M. Krauskopf, Senior Special
Counsel, and Adam F. Turk, Special
Counsel, Office of Chief Counsel,
Division of Corporation Finance, at
(202) 551–3500.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Rule 701
A. Background
B. Rule 701(c) Eligible Plan Participants
C. Rule 701(e) Disclosure Requirements
1. General
2. Timing and Manner of Rule 701(e)
Disclosure
3. Options and Other Derivative Securities/
RSUs
D. Rule 701(d) Exemptive Conditions
III. Form S–8
A. Background
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
B. Form S–8 Eligible Plan Participants
C. Administrative Burdens
D. Form S–8 Generally
IV. Conclusion
I. Overview
Under the Securities Act, every offer
and sale of securities must be registered
or subject to an exemption from
registration. The Commission has long
recognized that offers and sales of
securities as compensation present
different issues than offers and sales
that raise capital for the issuer of the
securities.1 Among other considerations,
the Commission has recognized that the
relationship between the issuer and
recipient of securities is often different
in a compensatory rather than capital
raising transaction. The Commission has
thus provided a limited exemption from
registration—17 CFR 230.701 (Rule
701)—for certain compensatory
securities transactions as well as a
specialized form—Form S–8—for
registering certain compensatory
transactions. Both Rule 701 and Form
S–8 require the issuer to make specific
disclosures. However, depending on the
circumstances, compensatory
transactions also may be conducted
under the Securities Act Section 4(a)(2)
exemption from registration or under a
‘‘no sale’’ theory,2 which would not
require specific disclosures.
Equity compensation can be an
important component of the
employment relationship. Using equity
for compensation can align the
incentives of employees with the
success of the enterprise, facilitate
1 See, e.g., Release No. 33–3469–X (Apr. 10, 1953)
[18 FR 2182 (Apr. 17, 1953)] and Registration of
Securities Offered Pursuant to Employees Stock
Purchase Plans, Release No. 33–3480 (Jun. 16,
1953) [18 FR 3688 (Jun. 27, 1953)], each observing
that the investment decision to be made by the
employee is of a different character than when
securities are offered for the purpose of raising
capital.
2 See Changes to Exchange Act Registration
Requirements to Implement Title V and Title VI of
the JOBS Act, Release No. 33–10075 (May 3, 2016)
[81 FR 28689 (May 10, 2016)] at n. 82, stating ‘‘The
‘‘no sale’’ theory relates to the issuance of
compensatory grants made by employers to broad
groups of employees pursuant to broad-based stock
bonus plans without Securities Act registration
under the theory that the awards are not an offer
or sale of securities under Section 2(a)(3) of the
Securities Act [15 U.S.C. 77b(a)(3)].’’ Where
securities are awarded to employees at no direct
cost through broad based bonus plans, the staff has
taken the position generally that there has been no
sale since employees do not individually bargain to
contribute cash or other tangible or definable
consideration to such plans. Where securities are
awarded to or acquired by employees pursuant to
individual employment arrangements, however the
staff has expressed the view that such arrangements
involve separately bargained consideration, and a
sale of the securities has occurred. See Employee
Benefit Plans: Interpretations of Statute, Release
No. 33–6188 (Jan. 15, 1981) [29 FR 8960 (Feb. 11,
1980)] at Section II.A.5.d and n. 84.
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Agencies
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Proposed Rules]
[Pages 34956-34958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15738]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2014-0878; Airspace Docket No. 14-AWP-10]
RIN 2120-AA66
Proposed Amendment of Class D and Class E Airspace, and
Establishment of Class E Airspace; Honolulu, HI
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to modify Class D airspace, and Class E
airspace extending upward from 700 feet above the surface, and
establish Class E surface area airspace at Wheeler Army Airfield (AAF),
Honolulu, HI. This action also would update the airport name and
geographic coordinates in the associated Class D and E airspace areas
to match the FAA's aeronautical database, and would replace outdated
language in the airspace description. An editorial change to the
airspace designations also would be made.
DATES: Comments must be received on or before September 7, 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; telephone:
1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No.
FAA-2014-0878; Airspace Docket No. 14-AWP-10, 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 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: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th St., Des Moines, WA 98198-6547; telephone (206) 231-2252.
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
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 amend Class D and Class E airspace at Wheeler Army Airfield
(AAF), Honolulu, HI, to support standard instrument approach procedures
for IFR operations at the airport.
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 and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to FAA-2014-0878; Airspace
Docket No. 14-AWP-10''. The postcard will be date/time stamped and
returned to the commenter.
All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive
[[Page 34957]]
public contact with FAA personnel concerned with this rulemaking will
be filed in the docket.
Availability of NPRMs
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 the ADDRESSES section for the 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 Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th St., Des Moines, WA
98198-6547.
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.
The Proposal
The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class D airspace, Class E
airspace extending upward from 700 feet above the surface, and
establishing Class E surface area airspace at Wheeler AAF, Honolulu,
HI.
Class D airspace extending upward from the surface to and including
3,300 feet MSL would be modified to within a 2.6-mile radius of Wheeler
AAF, (formerly Wheeler AFB), then extend to a 3.7-mile radius from the
southeast to the southwest, adjoining the boundary of Restricted Area
R-3109 to the west, excluding that airspace below 1,800 feet MSL beyond
3.3 miles from the airport from the 89[deg] bearing clockwise to the
218[deg] bearing from the airport.
Additionally, an editorial change would be made to the Class D
airspace legal description removing the words ``Airport/Facility
Directory''. An editorial change also would be made removing the city
associated with the airport name in the airspace designation to comply
with a recent change to FAA Order 7400.2L, Procedures for Handling
Airspace Matters.
Class E surface area airspace would be established to be coincident
with the lateral dimensions of the Class D airspace, and would be
effective continuously to provide protection to instrument procedures.
Class E airspace extending upward from 700 feet would be modified
to that airspace within a 4.2-mile radius of Wheeler AAF. The Koko Head
VORTAC navigation aid would be removed, as it is no longer needed to
describe the boundary.
Additionally, this action proposes to update the airport name from
Wheeler AFB to Wheeler AAF, and the geographic coordinates for the
associated Class D and Class E airspace areas to match the FAA's
aeronautical database.
Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.11B,
dated August 3, 2017, and effective September 15, 2017, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.
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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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 1050.1F, ``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
Accordingly, pursuant to the authority delegated to me, 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 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 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AWP HI D Honolulu, HI [Amended]
Wheeler AAF, HI
(Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)
That airspace extending upward from the surface to and including
3,300 feet MSL bounded by a line from lat. 21[deg]31'03'' N, long.
158[deg]04'30'' W; to lat. 21[deg]31'25'' N, long. 158[deg]03'00''
W, thence clockwise along a 2.6-mile radius of Wheeler AAF to lat.
21[deg]30'33'' N, long. 158[deg]00'07'' W; to lat. 21[deg]28'41'' N,
long. 157[deg]58'19'' W, thence clockwise along a 3.7-mile radius of
the airport to lat. 21[deg]25'46'' N, long. 158[deg]04'24'' W; to
lat. 21[deg]26'52'' N, long. 158[deg]04'31'' W; to lat.
21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat. 21[deg]29'14'' N,
long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N, long.
158[deg]03'59'' W; thence to the point of beginning, excluding that
airspace below 1,800 feet MSL beyond 3.3 miles from the airport from
the 89[deg] bearing clockwise to the 218[deg] bearing from the
airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Pacific Chart Supplement.
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
AWP HI E2 Honolulu, HI [New]
Wheeler AAF, HI
(Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)
That airspace extending upward from the surface bounded by a
line from lat. 21[deg]31'03'' N, long. 158[deg]04'30'' W; to lat.
21[deg]31'25'' N, long. 158[deg]03'00'' W, thence clockwise along a
2.6-mile radius of Wheeler AAF to lat. 21[deg]30'33'' N, long.
158[deg]00'07'' W; to lat.
[[Page 34958]]
21[deg]28'41'' N, long. 157[deg]58'19'' W, thence clockwise along a
3.7-mile radius of the airport to lat. 21[deg]25'46'' N, long.
158[deg]04'24'' W; to lat. 21[deg]26'52'' N, long. 158[deg]04'31''
W; to lat. 21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat.
21[deg]29'14'' N, long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N,
long. 158[deg]03'59'' W; thence to the point of beginning; excluding
that airspace below 1,800 feet MSL beyond 3.3 miles from the airport
from the 89[deg] bearing clockwise to the 218[deg] bearing from the
airport.
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AWP HI E5 Honolulu, HI [Amended]
Wheeler AAF, HI
(Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)
That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of Wheeler AAF, excluding that portion
within Restricted Area R-3109, when active.
Issued in Seattle, Washington, on July 17, 2018.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-15738 Filed 7-23-18; 8:45 am]
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