Amendment of the Class E Airspace; Ashland, KY, 47415-47416 [2019-19542]

Download as PDF Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2019–0450; Airspace Docket No. 19–ASO–12] RIN 2120–AA66 Amendment of the Class E Airspace; Ashland, KY Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action modifies the Class E airspace extending upward from 700 feet above the surface at Ashland Regional Airport, Ashland, KY. This action is due to an airspace review caused the revision of the instrument procedures at the airport, which require additional airspace. The name of the airport are also being updated to coincide with the FAA’s aeronautical database. DATES: Effective 0901 UTC, December 5, 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, email fedreg.legal@nara.gov 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: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with RULES SUMMARY: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in VerDate Sep<11>2014 15:50 Sep 09, 2019 Jkt 247001 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 amends the Class E airspace extending upward from 700 feet above the surface at Ashland Regional Airport, Ashland, KY, to support instrument flight rule operations at this airport. History The FAA published a notice of proposed rulemaking in the Federal Register (84 FR 28439; June 19, 2019) for Docket No. FAA–2019–0450 to amend the Class E airspace extending upward from 700 feet above the surface at Ashland Regional Airport, Ashland, KY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 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 Class E airspace designations listed in this document will be published subsequently in the Order. 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 This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 modifies the Class E airspace extending upward from 700 feet above the surface at Ashland Regional Airport, Ashland, KY, by adding an extension 2 miles either side of the 098° bearing from the airport extending from the 6.5-mile radius to 10.4 miles east of the airport; adding an extension 2 miles either side of the 278° bearing from the airport PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 47415 extending from the 6.5-mile radius to 10.5 miles west of the airport; removing the exclusionary language, as it is no longer required; and would update the name of the Ashland Regional Airport (formerly Ashland-Boyd County Airport) to coincide with the FAA’s aeronautical database. This action is the result of an airspace review caused by the amendment of the instrument procedures at the airport, which require additional airspace to comply with FAA Order, 7400.2M, Procedures for Handling Airspace. 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, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of 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: ■ E:\FR\FM\10SER1.SGM 10SER1 47416 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations 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 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * ASO KY E5 * Table of Contents * Ashland, KY [Amended] Ashland Regional Airport, KY (Lat. 38°33′16″ N, long. 82°44′17″ W) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Ashland Regional Airport; and extending 2 miles either side of the 098° bearing from the airport extending from the 6.5-mile radius to 10.4 miles east of the airport; and extending 2 miles either side of the 278° bearing from the airport extending from the 6.5-mile radius to 10.5 miles west of the airport. Issued in Fort Worth, Texas, on September 4, 2019. Steve Szukala, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2019–19542 Filed 9–9–19; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 241 [Release No. 34–86721] Commission Interpretation and Guidance Regarding the Applicability of the Proxy Rules to Proxy Voting Advice Securities and Exchange Commission. ACTION: Guidance and interpretation. AGENCY: The Securities and Exchange Commission (the ‘‘SEC’’ or the ‘‘Commission’’) is providing an interpretation and related guidance regarding the applicability of certain rules, which the Commission has promulgated under Section 14 of the Securities Exchange Act of 1934 (the ‘‘Exchange Act’’ and such rules the ‘‘federal proxy rules’’), to proxy voting advice. DATES: Effective: September 10, 2019. FOR FURTHER INFORMATION CONTACT: Adam F. Turk, Special Counsel, at (202) khammond on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:50 Sep 09, 2019 Jkt 247001 551–3500, Office of Chief Counsel, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. SUPPLEMENTARY INFORMATION: The Commission is providing an interpretation and related guidance regarding the applicability of 17 CFR 240.14–1 and 240.14a–9 [Rules 14a–1 and 14a–9] under the Exchange Act [15 U.S.C. 78a et seq.] to proxy voting advice.1 I. Introduction II. Interpretation and Guidance Regarding Applicability of Certain Federal Proxy Rules to Proxy Voting Advice III. Other Matters I. Introduction As the use of proxy advisory firms by investment advisers and other institutional investors has become more widespread and the services offered by proxy advisory firms have broadened, we and our staff have examined how proxy voting advice provided by proxy advisory firms may be solicitations under the federal proxy rules.2 In addition, we and our staff have engaged with the public through various forums and statements on a variety of issues related to the proxy voting process, including those discussed below. For example, in 2010, the Commission issued a concept release that sought public comment about, among other things, the role and legal status of proxy advisory firms within the U.S. proxy system.3 In 2013, the staff held a roundtable on the use of proxy advisory firm services by institutional investors and investment advisers.4 In 2014, the 1 Unless otherwise noted, when we refer to the Exchange Act, or any paragraph of the Exchange Act, we are referring to 15 U.S.C. 78a, at which the Exchange Act is codified, and when we refer to rules under the Exchange Act, or any paragraph of these rules, we are referring to Title 17, part 240 of the Code of Federal Regulations [17 CFR part 240], in which these rules are published. 2 The Commission today is also publishing guidance regarding the proxy voting responsibilities of investment advisers under Rule 206(4)-6 under the Investment Advisers Act of 1940, Form N–1A, Form N–2, Form N–3, and Form N–CSR under the Investment Company Act of 1940. See Commission Guidance Regarding Proxy Voting Responsibilities of Investment Advisers, Release No. IA–5325 (August 21, 2019) [ FR ] (‘‘Investment Adviser Proxy Voting Guidance’’). 3 Concept Release on the U.S. Proxy System, Release No. 34–62495 (July 14, 2010) [75 FR 42982 (July 22, 2010)] (‘‘Concept Release’’). The comment letters received in response to the Concept Release are available at https://www.sec.gov/comments/s714-10/s71410.shtml. 4 See SEC Announces Agenda, Panelists for Roundtable on Proxy Advisory Services, available at https://www.sec.gov/news/press-release/2013253. The letters received in response to the PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 staff of the Divisions of Investment Management and Corporation Finance issued a Staff Legal Bulletin (‘‘SLB 20’’) to provide guidance about the availability and requirements of two exemptions to the federal proxy rules that are often relied upon by proxy advisory firms.5 Most recently, the staff hosted a roundtable on the proxy process in November 2018 (the ‘‘2018 Roundtable’’) that included a panel on the role of proxy advisory firms and their use by investment advisers.6 In connection with the 2018 Roundtable, the public was invited to provide input on questions that arise regarding the use of proxy advisory firms and their activities.7 We have carefully considered the feedback received on these topics, and with the benefit of this extensive body of information, historical experience, and engagement, the Commission is today providing an interpretation and related guidance regarding the applicability of the federal proxy rules to proxy voting advice provided by proxy advisory firms. Specifically, in Section II below, we provide an interpretation and related guidance on whether proxy voting advice constitutes a ‘‘solicitation’’ under the federal proxy rules, and the application of Rule 14a–9 under the Exchange Act to proxy voting advice. The interpretation and related guidance discussed below are part of the Commission’s review of the overall proxy process. As part of this effort, the staff is also considering recommending that the Commission propose rule amendments to address proxy advisory firms’ reliance on the proxy solicitation exemptions in Exchange Act Rule 14a– 2(b).8 * * * * * announcement are available at https:// www.sec.gov/comments/4-670/4-670.shtml. 5 SEC Staff Legal Bulletin No. 20, Proxy Voting: Proxy Voting Responsibilities of Investment Advisers and Availability of Exemptions from the Proxy Rules for Proxy Advisory Firms (June 30, 2014). SLB 20 represents the views of the staff of the Divisions of Investment Management and Corporation Finance. It is not a rule, regulation, or statement of the Commission. Furthermore, the Commission has neither approved nor disapproved its content. SLB 20, like all staff guidance, has no legal force or effect: it does not alter or amend applicable law, and it creates no new or additional obligations for any person. 6 See Chairman Jay Clayton, Statement Announcing SEC Staff Roundtable on the Proxy Process, available at https://www.sec.gov/news/ public-statement/statement-announcing-sec-staffroundtable-proxy-process. 7 See Comments on Statement Announcing SEC Staff Roundtable on the Proxy Process; File No. 4– 725, available at https://www.sec.gov/comments/4725/4-725.htm. 8 17 CFR 240.14a–2(b). E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47415-47416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19542]



[[Page 47415]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0450; Airspace Docket No. 19-ASO-12]
RIN 2120-AA66


Amendment of the Class E Airspace; Ashland, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies the Class E airspace extending upward 
from 700 feet above the surface at Ashland Regional Airport, Ashland, 
KY. This action is due to an airspace review caused the revision of the 
instrument procedures at the airport, which require additional 
airspace. The name of the airport are also being updated to coincide 
with the FAA's aeronautical database.

DATES: Effective 0901 UTC, December 5, 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, email [email protected] 
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: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 amends the Class E airspace extending upward from 700 feet above 
the surface at Ashland Regional Airport, Ashland, KY, to support 
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (84 FR 28439; June 19, 2019) for Docket No. FAA-2019-0450 to 
amend the Class E airspace extending upward from 700 feet above the 
surface at Ashland Regional Airport, Ashland, KY. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 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 Class E 
airspace designations listed in this document will be published 
subsequently in the Order.

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

    This amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 71 modifies the Class E airspace extending upward from 700 feet 
above the surface at Ashland Regional Airport, Ashland, KY, by adding 
an extension 2 miles either side of the 098[deg] bearing from the 
airport extending from the 6.5-mile radius to 10.4 miles east of the 
airport; adding an extension 2 miles either side of the 278[deg] 
bearing from the airport extending from the 6.5-mile radius to 10.5 
miles west of the airport; removing the exclusionary language, as it is 
no longer required; and would update the name of the Ashland Regional 
Airport (formerly Ashland-Boyd County Airport) to coincide with the 
FAA's aeronautical database.
    This action is the result of an airspace review caused by the 
amendment of the instrument procedures at the airport, which require 
additional airspace to comply with FAA Order, 7400.2M, Procedures for 
Handling Airspace.

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, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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:


[[Page 47416]]


    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 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E5 Ashland, KY [Amended]

Ashland Regional Airport, KY
    (Lat. 38[deg]33'16'' N, long. 82[deg]44'17'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of the Ashland Regional Airport; and 
extending 2 miles either side of the 098[deg] bearing from the 
airport extending from the 6.5-mile radius to 10.4 miles east of the 
airport; and extending 2 miles either side of the 278[deg] bearing 
from the airport extending from the 6.5-mile radius to 10.5 miles 
west of the airport.

    Issued in Fort Worth, Texas, on September 4, 2019.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-19542 Filed 9-9-19; 8:45 am]
 BILLING CODE 4910-13-P