Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas; Hawaii, 24365-24367 [2019-10948]
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
of domestic air traffic control
procedures, beyond the Territorial Sea,
within areas of domestic radio
navigational signal or Air Traffic
Control radar coverage.
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 only affects air traffic
procedures and air navigation, it is
certified that this 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
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. 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.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AWP HI E5 Hawaiian Islands, HI
[Amended]
That airspace extending upward from
1,200 feet above the surface within 12 NM of
the Hawaiian Islands shoreline Beginning at
lat. 22°06′28″ N, long. 159°04′39″ W, to lat.
21°46′57″ N, long. 158°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°30′29″ N, long.
155°53′40″ W, to lat. 20°28′08″ N, long.
155°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°03′26″ N, long. 156°05′30″ W, to lat.
20°22′48″ N, long. 156°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°25′19″ N, long.
158°26′08″ W, to lat. 21°44′34″ N long.
159°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 Seattle, Washington, on May 6,
2019.
Maria Aviles,
Group Manager (A), Operations Support
Group, Western Service Center.
[FR Doc. 2019–10949 Filed 5–24–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Lists of Subjects in 14 CFR Part 71
Federal Aviation Administration
Airspace, Incorporation by reference,
Navigation (air).
14 CFR Part 71
Adoption of the Amendment
[Docket No. FAA–2017–1013; Airspace
Docket No. 17–AWP–12]
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
RIN 2120–AA66
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 part 71
continues to read as follows:
■
jbell on DSK3GLQ082PROD with RULES
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
■
VerDate Sep<11>2014
16:03 May 24, 2019
Jkt 247001
Establishment of the Hawaiian Islands
High and the Hawaiian Islands Low
Offshore Airspace Areas; Hawaii
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes the
Hawaiian High and Hawaiian Low
Offshore airspace areas. This action
establishes 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
PO 00000
Frm 00003
Fmt 4700
Hawaiian Islands. The action provides
additional airspace within which
domestic air traffic control (ATC)
procedures will be used. Establishment
of the Class A and Class E airspaces
enhances the management of air traffic
operations resulting in a more efficient
use of that airspace.
DATES: Effective date 0901 UTC, August
15, 2019. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11C,
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 7400.11C 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
SUMMARY:
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.
24365
Sfmt 4700
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 establishes
offshore airspace areas around the
Hawaiian Islands in support of domestic
air traffic control procedures when
offshore airspace areas are established.
E:\FR\FM\28MYR1.SGM
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
History
The FAA published a notice of
proposed rulemaking in the Federal
Register for Docket No. FAA–2017–1013
(83 FR 15521; April 11, 2018), to
establish the Hawaiian High and
Hawaiian Low Offshore airspace areas.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. No comments were received.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11C, Airspace Designations and
Reporting Points, dated August 13,
2018, and effective September 15, 2018.
FAA Order 7400.11C is publicly
available as listed in the ADDRESSES
section of this document. FAA Order
7400.11C lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
jbell on DSK3GLQ082PROD with RULES
The Rule
The FAA is amending Title 14 Code
of Federal Regulations (14 CFR) part 71
to establish the Hawaiian High and
Hawaiian Low Offshore airspace areas.
This action establishes Class A airspace,
extending upward from 18,000 feet MSL
to and including FL 600; and Class E
airspace, extending upward from 1,200
feet MSL to and including 17,999 feet
MSL around the Hawaiian Islands.
Offshore airspace areas are published
in paragraphs 2003 and 6007,
respectively, of FAA Order 7400.11C
dated August 13, 2018, and effective
September 15, 2018, which is
incorporated by reference in 14 CFR
71.1. The offshore airspace areas listed
in this document will be subsequently
published in the Order.
ICAO Considerations
As part of this regulation 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
VerDate Sep<11>2014
16:03 May 24, 2019
Jkt 247001
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
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 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 of establishing the Hawaiian High
and Hawaiian Low Offshore airspace
areas qualifies for categorical exclusion
under the National Environmental
Policy Act and its agency implementing
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, regarding categorical
exclusions for procedural actions at
paragraph 5–6.5a which categorically
excludes from full environmental
impact review actions that are
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to cause any potentially
significant environmental impacts. In
accordance with FAA Order 1050.1F,
paragraph 5–2 regarding Extraordinary
Circumstances, the FAA has reviewed
this action for factors and circumstances
in which a normally categorically
excluded action may have a significant
environmental impact requiring further
analysis. The FAA has determined that
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment or
environmental impact study.
List 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
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 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, 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.
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.
E:\FR\FM\28MYR1.SGM
28MYR1
Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
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.
*
*
*
*
jbell on DSK3GLQ082PROD with RULES
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.
157°32′31″ W; to lat. 23°59′14″ N, long.
156°28′23″ W; to lat. 23°53′49″ N, long.
VerDate Sep<11>2014
16:03 May 24, 2019
Jkt 247001
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 May 20,
2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019–10948 Filed 5–24–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 31, 301, and 602
[TD 9860]
RIN 1545–BN19
Certified Professional Employer
Organizations
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document sets forth final
regulations relating to certified
professional employer organizations
(CPEOs). The Stephen Beck, Jr.,
Achieving a Better Life Experience Act
of 2014, required the IRS to establish a
voluntary certification program for
professional employer organizations.
These final regulations set forth the
requirements a person must satisfy in
order to become and remain a CPEO and
the federal employment tax liabilities
and other obligations of persons
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
24367
certified by the IRS as CPEOs. These
final regulations will affect persons who
apply to be treated as CPEOs and who
are certified by the IRS as meeting the
applicable requirements. In certain
instances, the final regulations will also
affect the federal employment tax
liabilities and other obligations of
customers of the CPEO.
DATES:
Effective date: These regulations are
effective on May 28, 2019.
Applicability date: For dates of
applicability see §§ 31.3511–1(i),
301.7705–1(c), and 301.7705–2(o).
FOR FURTHER INFORMATION CONTACT:
Nina Roca at (202) 317–6798 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information
contained in these final regulations has
been reviewed and approved by the
Office of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) under control number 1545–
2266.
The collection of information in these
regulations is in § 31.3511–1(g), which
provides that the Secretary shall
develop such reporting and
recordkeeping rules, regulations, and
procedures as the Secretary determines
necessary or appropriate to ensure
compliance by CPEOs with subtitle C of
the Internal Revenue Code (Code), and
in § 301.7705–2, which relates to the
requirements that a person must satisfy
to become and remain certified as a
CPEO.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and return information are
confidential, as required by 26 U.S.C.
6103.
Background
The Stephen Beck, Jr., Achieving a
Better Life Experience Act of 2014 (the
ABLE Act), enacted on December 19,
2014 (Pub. L. 113–295), added new
sections 3511 and 7705 to the Code
relating to the certification requirements
for, and the federal employment tax
consequences of, being a ‘‘certified
professional employer organization’’
(CPEO). The ABLE Act required the
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]]>Agencies
[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24365-24367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10948]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2017-1013; Airspace Docket No. 17-AWP-12]
RIN 2120-AA66
Establishment of the Hawaiian Islands High and the Hawaiian
Islands Low Offshore Airspace Areas; Hawaii
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes the Hawaiian High and Hawaiian Low
Offshore airspace areas. This action establishes 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 action provides additional airspace within which domestic
air traffic control (ATC) procedures will be used. Establishment of the
Class A and Class E airspaces enhances the management of air traffic
operations resulting in a more efficient use of that airspace.
DATES: Effective date 0901 UTC, August 15, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.
ADDRESSES: FAA Order 7400.11C, 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 7400.11C 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 establishes offshore airspace areas around the Hawaiian
Islands in support of domestic air traffic control procedures when
offshore airspace areas are established.
[[Page 24366]]
History
The FAA published a notice of proposed rulemaking in the Federal
Register for Docket No. FAA-2017-1013 (83 FR 15521; April 11, 2018), to
establish the Hawaiian High and Hawaiian Low Offshore airspace areas.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
The Rule
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 to establish the Hawaiian High and Hawaiian Low Offshore
airspace areas. This action establishes Class A airspace, extending
upward from 18,000 feet MSL to and including FL 600; and Class E
airspace, extending upward from 1,200 feet MSL to and including 17,999
feet MSL around the Hawaiian Islands.
Offshore airspace areas are published in paragraphs 2003 and 6007,
respectively, of FAA Order 7400.11C dated August 13, 2018, and
effective September 15, 2018, which is incorporated by reference in 14
CFR 71.1. The offshore airspace areas listed in this document will be
subsequently published in the Order.
ICAO Considerations
As part of this regulation 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 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 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 of establishing the
Hawaiian High and Hawaiian Low Offshore airspace areas qualifies for
categorical exclusion under the National Environmental Policy Act and
its agency implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, regarding categorical exclusions for procedural actions at
paragraph 5-6.5a which categorically excludes from full environmental
impact review actions that are rulemaking actions that designate or
modify classes of airspace areas, airways, routes, and reporting points
(see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace
Areas; Air Traffic Service Routes; and Reporting Points). As such, this
action is not expected to cause any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. The FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.
List 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 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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, 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.
[[Page 24367]]
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.
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 May 20, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-10948 Filed 5-24-19; 8:45 am]
BILLING CODE 4910-13-P
