Amendment of Class D Airspace and Revocation of Class E Airspace; Bogue, NC, 39068-39069 [2020-13994]

Download as PDF 39068 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Rules and Regulations Executive Order 13132 SBA has determined that this rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various layers of government. Therefore, SBA has determined that this rule has no federalism implications warranting preparation of a federalism assessment. Paperwork Reduction Act, 44 U.S.C. Chapter 35 SBA has determined that this rule will not impose new or modify existing recordkeeping or reporting requirements under the Paperwork Reduction Act. khammond on DSKJM1Z7X2PROD with RULES Regulatory Flexibility Act (RFA) The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a proposed rule, or a final rule pursuant to Section 553(b) of the APA or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604. Specifically, the RFA normally requires agencies to describe the impact of a rulemaking on small entities by providing a regulatory impact analysis. Such analysis must address the consideration of regulatory options that would lessen the economic effect of the rule on small entities. The RFA defines a ‘‘small entity’’ as (1) a proprietary firm meeting the size standards of the Small Business Administration (SBA); (2) a nonprofit organization that is not dominant in its field; or (3) a small government jurisdiction with a population of less than 50,000. 5 U.S.C. 601(3)–(6). Except for such small government jurisdictions, neither State nor local governments are ‘‘small entities.’’ Similarly, for purposes of the RFA, individual persons are not small entities. The requirement to conduct a regulatory impact analysis does not apply if the head of the agency ‘‘certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ 5 U.S.C. 605(b). The agency must, however, publish the certification in the Federal Register at the time of publication of the rule, ‘‘along with a statement providing the factual basis for such certification.’’ If the agency head has not waived the requirements for a regulatory flexibility analysis in accordance with the RFA’s waiver provision, and no other RFA exception applies, the agency must prepare the regulatory flexibility analysis and publish it in the Federal Register at the VerDate Sep<11>2014 15:54 Jun 29, 2020 Jkt 250001 time of promulgation or, if the rule is promulgated in response to an emergency that makes timely compliance impracticable, within 180 days of publication of the final rule. 5 U.S.C. 604(a), 608(b). Rules that are exempt from notice and comment are also exempt from the RFA requirements, including conducting a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. SBA Office of Advocacy guide: How to Comply with the Regulatory Flexibility Act, Ch.1. p.9. Accordingly, SBA is not required to conduct a regulatory flexibility analysis. Jovita Carranza, Administrator. [FR Doc. 2020–14128 Filed 6–26–20; 11:15 am] BILLING CODE 8026–03–P FAA Order 7400.11D, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line 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 7400.11D at NARA, email fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FOR FURTHER INFORMATION, CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: ADDRESSES: DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking Federal Aviation Administration 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 Class D airspace and removes Class E airspace extending upward from 700 feet above the surface at Bogue Field MCALF, Bogue, NC, due to the airspace no longer being necessary. 14 CFR Part 71 [Docket No. FAA–2020–0164; Airspace Docket No. 20–ASO–3] RIN 2120–AA66 Amendment of Class D Airspace and Revocation of Class E Airspace; Bogue, NC Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Class D airspace by updating the geographic coordinates, and removes Class E airspace extending upward from 700 feet above the surface at Bogue Field Marine Corps Auxiliary Field, Bogue, NC, at the request of the US Marine Corps. Class E airspace is no longer required, as there are no instrument approaches into Bogue Field MCALF. This action also replaces the outdated term Airport/Facility Directory with the term Chart Supplement in the legal description of associated Class D airspace. This action enhances the safety and management of controlled airspace within the national airspace system. DATES: Effective 0901 UTC, September 10, 2020. 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. SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 History The FAA published a notice of proposed rulemaking in the Federal Register (85 FR 14809, March 16, 2020) for Docket No. FAA–2020–0164 to amend Class D airspace by updating the geographic coordinates, and remove Class E airspace extending upward from 700 feet above the surface at Bogue Field Marine Corps Auxiliary Field, Bogue, NC as the airport has no instrument approaches. Therefore, the Class E airspace is no longer necessary. This action enhances the safety and management of controlled airspace within the national airspace system. Interested parties were invited to participate in this rulemaking effort by E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Rules and Regulations submitting written comments on the proposal to the FAA. No negative comments were received. Class D and Class E airspace designations are published in Paragraphs 5000 and 6005, respectively, of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation 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 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. khammond on DSKJM1Z7X2PROD with RULES The Rule The amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 amends Class D airspace at Bogue Field Marine Corps Auxiliary Field, Bogue, NC, by updating the geographic coordinates, and removes Class E airspace extending upward from 700 feet above the surface at Bogue Field Marine Corps Auxiliary Field, Bogue, NC as the airport has no instrument approaches. This action enhances the safety and management of controlled airspace within the national airspace system. This action also replaces the outdated term Airport/Facility Directory with the term Chart Supplement in the legal description of associated Class D airspace. These changes are necessary for continued safety and management of IFR operations at this airport. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a VerDate Sep<11>2014 15:54 Jun 29, 2020 Jkt 250001 39069 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. ASO NC E5 Bogue, NC [Removed] Environmental Review [FR Doc. 2020–13994 Filed 6–29–20; 8:45 am] 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. BILLING CODE 4910–13–P Issued in College Park, Georgia, on June 24, 2020. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 [Docket No.: FAA–2014–0504; Amdt. No.: 121–282B] RIN 2120–AJ87 Lists of Subjects in 14 CFR Part 71 Pilot Professional Development; Technical Amendments Airspace, Incorporation by reference, Navigation (air). AGENCY: 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: ■ 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 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, effective September 15, 2019, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * * ASO NC D Bogue, NC [Amended] Bogue Field MCALF, NC (Lat. 34°41′24″ N, long. 77°01′45″ W) That airspace extending upward from the surface to and including 2,500 feet MSL within a 4.5-mile radius of Bogue Field MCALF. 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 Chart Supplement. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * PO 00000 * * Frm 00023 * Fmt 4700 * Sfmt 4700 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; technical amendments. The Federal Aviation Administration (FAA) is making technical amendments to the Pilot Professional Development (PPD) final rule, which was published on February 25, 2020. That document inadvertently failed to update two cross-references. This document corrects the final regulations. SUMMARY: DATES: Effective June 30, 2020. FOR FURTHER INFORMATION CONTACT: Sheri Pippin, Air Transportation Division (AFS–200), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8166; email: sheri.pippin@faa.gov. SUPPLEMENTARY INFORMATION: Good Cause for Adoption Without Prior Notice Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Section 553(d)(3) of the APA requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. Because this action merely makes technical amendments to a published E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Rules and Regulations]
[Pages 39068-39069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0164; Airspace Docket No. 20-ASO-3]
RIN 2120-AA66


Amendment of Class D Airspace and Revocation of Class E Airspace; 
Bogue, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D airspace by updating the geographic 
coordinates, and removes Class E airspace extending upward from 700 
feet above the surface at Bogue Field Marine Corps Auxiliary Field, 
Bogue, NC, at the request of the US Marine Corps. Class E airspace is 
no longer required, as there are no instrument approaches into Bogue 
Field MCALF. This action also replaces the outdated term Airport/
Facility Directory with the term Chart Supplement in the legal 
description of associated Class D airspace. This action enhances the 
safety and management of controlled airspace within the national 
airspace system.

DATES: Effective 0901 UTC, September 10, 2020. 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 7400.11D, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line 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 7400.11D at NARA, email [email protected] 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION, CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; telephone (404) 305-6364.

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 Class D airspace and removes Class E airspace extending 
upward from 700 feet above the surface at Bogue Field MCALF, Bogue, NC, 
due to the airspace no longer being necessary.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 14809, March 16, 2020) for Docket No. FAA-2020-0164 to 
amend Class D airspace by updating the geographic coordinates, and 
remove Class E airspace extending upward from 700 feet above the 
surface at Bogue Field Marine Corps Auxiliary Field, Bogue, NC as the 
airport has no instrument approaches. Therefore, the Class E airspace 
is no longer necessary. This action enhances the safety and management 
of controlled airspace within the national airspace system.
    Interested parties were invited to participate in this rulemaking 
effort by

[[Page 39069]]

submitting written comments on the proposal to the FAA. No negative 
comments were received.
    Class D and Class E airspace designations are published in 
Paragraphs 5000 and 6005, respectively, of FAA Order 7400.11D, dated 
August 8, 2019, and effective September 15, 2019, which is incorporated 
by reference in 14 CFR part 71.1. The Class E airspace designation 
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 7400.11D, Airspace Designations and 
Reporting Points, dated August 8, 2019, and effective September 15, 
2019. FAA Order 7400.11D is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11D lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The amendment to Title 14 Code of Federal Regulations (14 CFR) part 
71 amends Class D airspace at Bogue Field Marine Corps Auxiliary Field, 
Bogue, NC, by updating the geographic coordinates, and removes Class E 
airspace extending upward from 700 feet above the surface at Bogue 
Field Marine Corps Auxiliary Field, Bogue, NC as the airport has no 
instrument approaches. This action enhances the safety and management 
of controlled airspace within the national airspace system. This action 
also replaces the outdated term Airport/Facility Directory with the 
term Chart Supplement in the legal description of associated Class D 
airspace.
    These changes are necessary for continued safety and management of 
IFR operations at this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
only affects air traffic procedures and air navigation, it is certified 
that this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act 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.

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:

    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 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, 
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D Bogue, NC [Amended]

Bogue Field MCALF, NC
    (Lat. 34[deg]41'24'' N, long. 77[deg]01'45'' W)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.5-mile radius of Bogue Field MCALF. 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 Chart 
Supplement.

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

* * * * *

ASO NC E5 Bogue, NC [Removed]

    Issued in College Park, Georgia, on June 24, 2020.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2020-13994 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-13-P
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