Amendment of Class D and Class E Airspace, Key West, FL, 19220-19222 [2023-06618]
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19220
Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
not inconsistent with chapters 1, 2, and
3 of the Truth in Lending Act.
VII. Virginia
ddrumheller on DSK120RN23PROD with RULES1
A. Discussion
Chapter 22.1 of title 6.2 of the Code
of Virginia requires disclosures in
connection with sales-based financing
to a recipient.60 Based on the definition
of ‘‘sales-based financing,’’ which is tied
to sales or revenue of the recipient, and
the definition of ‘‘recipient,’’ which
must be ‘‘a person whose principal
place of business is in the
Commonwealth,’’ it appears that the
Virginia law would not apply to a
consumer credit transaction as defined
in TILA and Regulation Z.61 To the
extent it could apply to a consumer
credit transaction, there would still be
no basis to find an inconsistency with
TILA. That is because the only TILArelated disclosure term used in the
Virginia law is the finance charge,
which the Virginia law’s implementing
regulation defines in precisely the same
manner as Regulation Z.62 Because there
is no difference in the amount that
would be included in the Virginia
disclosure compared to TILA and
Regulation Z disclosures, there is no
occasion to consider whether a
difference in amount would be
inconsistent with TILA and Regulation
Z.
The requesting party has made an
argument that the Virginia law’s finance
charge disclosure is nevertheless
preempted. However, this argument
appears to rely on a misunderstanding
of an aspect of TILA that is distinct from
the Act’s preemption standard. TILA
section 111(a)(2), which neighbors the
preemption provision in section
111(a)(1), authorizes the CFPB to
determine that a State disclosure ‘‘is
substantially the same in meaning as’’ a
TILA disclosure.63 After the CFPB
makes such a substantially-the-same-inmeaning determination, TILA creditors
can provide the CFPB-endorsed State
disclosure ‘‘in lieu of’’ the TILA
disclosure, except that the finance
charge and APR must still be disclosed
60 Va. Code tit. 6.2, ch. 22.1; see also 10 Va.
Admin. Code secs. 5–240–10 to 5–240–40.
61 ‘‘Sales-based financing’’ is defined as a
transaction that is repaid by the recipient to the
provider, over time, as a percentage of sales or
revenue, in which the payment amount may
increase or decrease according to the volume of
sales made or revenue received by the recipient. Va.
Code sec. 6.2–2228. Sales-based financing also
includes a true-up mechanism where the financing
is repaid as a fixed payment but provides for a
reconciliation process that adjusts the payment to
an amount that is a percentage of sales or revenue.
Id.
62 10 Va. Admin. Code sec. 5–240–10.
63 15 U.S.C. 1610(a)(2).
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as provided by TILA.64 However, the
present proceeding involves a
preemption determination, not a
substantially-the-same-in-meaning
determination.
The requesting party’s comment
appears to conflate section 111(a)(2) (or
more specifically the Regulation Z
provision and commentary
implementing section 111(a)(2) 65) with
the distinct question under section
111(a)(1) of whether State disclosures
are preempted as inconsistent with
TILA. The commenter appears to read
section 111(a)(2) to mean that any State
disclosure with a finance charge or APR
is preempted. In fact, all that it does is
guarantee that, when CFPB-endorsed
State disclosures are provided ‘‘in lieu
of’’ the normal TILA disclosures in
consumer credit transactions, those
State disclosure forms will still include
the TILA finance charge and APR, so
that consumers can use them to shop
among consumer credit options.66
West International Airport and Key
West Naval Air Station (NAS), FL, as a
result of biennial airspace evaluations.
This action also updates the geographic
coordinates for the airport and the Key
West VORTAC.
Effective 0901 UTC, June 15,
2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
DATES:
[FR Doc. 2023–06719 Filed 3–30–23; 8:45 am]
A copy of the notice of
proposed rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s website at
www.federalregister.gov.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591:
telephone (202) 267–8783.
BILLING CODE 4810–AM–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Jennifer Ledford, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, 1701
Columbia Avenue, College Park, GA
30337; Telephone: (404) 305–5946.
14 CFR Part 71
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2022–1613; Airspace
Docket No. 22–ASO–27]
Authority for This Rulemaking
B. Determination
For these reasons, the Consumer
Financial Protection Bureau determines
that chapter 22.1 of title 6.2 of the Code
of Virginia is not inconsistent with
chapters 1, 2, and 3 of the Truth in
Lending Act.
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
RIN 2120–AA66
Amendment of Class D and Class E
Airspace, Key West, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class D
airspace, Class E airspace designated as
an extension to a Class D surface area,
and Class E airspace extending upward
from 700 feet above the surface at Key
SUMMARY:
64 Id.
65 12 CFR 1026.28(b); 12 CFR part 1026,
supplement I, comment 28(b)–1.
66 The comment may also intend for this
argument to extend to California and New York; if
so, it would not succeed with respect to those States
for the same reasons.
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ADDRESSES:
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 airspace for Key West
International Airport and Key West
Naval Air Station (NAS), FL, to support
IFR operations in the area.
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Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2022–1613 in the Federal Register
(87 FR 78883, December 23, 2022)
amending Class D airspace, Class E
airspace designated as an extension to a
Class D surface area, and Class E
airspace extending upward from 700
feet above the surface at Key West
International Airport and Key West
Naval Air Station (NAS), FL, as a result
of biennial airspace evaluations.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Regulatory Notices and Analyses
Subsequent to the publication of the
Notice of Proposed Rulemaking, the
FAA found the Key West International
Airport geographic coordinates to be
incorrect, as well as the geographic
coordinates describing the Key West
International Airport Class D airspace
and Key West Naval Air Station Class D
airspace points of intersection. This
action corrects the errors. Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) operations in the area.
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 will only affect 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.
Incorporation by Reference
Environmental Review
Differences From the NPRM
Class D and E airspace designations
are published in Paragraphs 5000, 6002,
6004, and 6005 of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, which is incorporated
by reference in 14 CFR 71.1 on an
annual basis. This document amends
the current version of that order, FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022.
These updates will be published
subsequently in the next update to FAA
Order JO 7400.11. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
ddrumheller on DSK120RN23PROD with RULES1
intersections of Class D airspace, to
coincide with the FAA’s database.
In addition, this action replaces the
outdated terms Airport/Facility
Directory with the term Chart
Supplement and Notice to Airmen with
the term Notice to Air Missions, in the
Class D and Class E airspace
descriptions.
This action amends 14 CFR part 71 by
amending Class E airspace extending
upward from 700 feet above the surface
for Key West International Airport and
Key West Naval Air Station (NAS) by
extending the airspace for each airport
from within a 6.4-mile radius to a 6.5mile radius, and by updating the
airport’s geographic coordinates and the
geographic coordinates describing the
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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 the preparation of an
environmental assessment.
Lists 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 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.
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§ 71.1
19221
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
ASO FL D
*
Key West, FL [Amended]
Key West International Airport, FL
(Lat. 24°33′22″ N, long. 81°45′36″ W)
Key West NAS
(Lat. 24°34′29″ N, long. 81°41′12″ W)
That airspace extending upward from the
surface to and including 2,500 feet MSL
beginning at Lat. 24°37′11″ N, long. 81°44′41″
W; to Lat. 24°33′04″ N, long. 81°43′48″ W; to
Lat. 24°31′15″ N, long. 81°45′22″ W; to Lat.
24°30′40″ N, long. 81°45′15″ W; thence
counterclockwise via the 5.3-mile radius of
Key West NAS to the intersection of the 3.9mile radius of the Key West International
Airport, thence clockwise via the 3.9-mile
radius of the Key West International Airport
to the point of beginning. This Class D
airspace area is effective during the specific
dates and times established in advance by a
Notice to Air Missions. The effective date
and time will thereafter be continuously
published in the Chart Supplement.
ASO FL D Key West NAS, FL [Amended]
Key West NAS, FL
(Lat. 24°34′29″ N, long. 81°41′12″ W)
Key West International Airport
(Lat. 24°33′22″ N, long. 81°45′36″ W)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within a 5.3-mile radius of Key West NAS,
excluding that airspace within the Key West
International Airport Class D airspace area.
This Class D airspace area is effective during
the specific dates and times established in
advance by a Notice to Air Missions. The
effective date and time will thereafter by
continuously published in the Chart
Supplement.
Paragraph 6004 Class E Airspace
Designated as an Extension to Class D
Surface Area.
*
*
*
*
*
ASO FL E4 Key West, FL [Amended]
Key West International Airport, FL
(Lat. 24°33′22″ N, long. 81°45′36″ W)
Key West NAS
(Lat. 24°34′29″ N, long. 81°41′12″ W)
Key West VORTAC
(Lat. 24°35′09″ N, long. 81°48′02″ W)
That airspace extending upward from the
surface within 3.1 miles each side of the Key
West VORTAC 309° radial extending from
the 3.9-mile radius of the Key West
International Airport and the 5.3-mile radius
of Key West NAS to 7 miles northwest of the
Key West VORTAC. This Class E airspace
area is effective during the specific dates and
time established in advance by a Notice to
Air Missions. The effective date and time
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19222
Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
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 FL E5 Key West, FL [Amended]
Key West International Airport, FL
(Lat 24°33′22″ N, long. 81°45′36″ W)
Key West VORTAC
(Lat 24°35′09″ N, long. 81°48′02″ W)
Key West NAS
(Lat 24°34′29″ N, long. 81°41′12″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Key West International Airport and
within 3.1 miles each side of the Key West
VORTAC 309° radial, extending from the 6.5mile radius to 7 miles northwest of the Key
West VORTAC; within a 6.8-mile radius of
Key West NAS (Boca Chica).
Issued in College Park, Georgia, on March
20, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2023–06618 Filed 3–30–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0142]
Special Local Regulations; California
Half Ironman Triathlon, San Diego, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the California Half Ironman Triathlon
special local regulations on the waters
of Oceanside, California on April 1,
2023. These special local regulations are
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
100.1101 will be enforced from 6 a.m.
through 10 a.m. on April 1, 2023, for the
locations described in item 2 in Table 1
of § 100.1101.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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15:55 Mar 30, 2023
Jkt 259001
publication of enforcement, call or
email Lieutenant Junior Grade Shera
Kim, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
DEPARTMENT OF HOMELAND
SECURITY
The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 for the
California Half Ironman Triathlon in
Oceanside, CA, in 33 CFR 100.1101, for
the locations described in Table 1, Item
2 of that section from 6 a.m. until 10
a.m. on April 1, 2023. The location
includes the waters of Oceanside
Harbor, CA, including the entrance
channel. This enforcement action is
being taken to provide for the safety of
life on navigable waterways during the
event. The Coast Guard’s regulation for
recurring marine events in the San
Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. Under the provisions of
33 CFR 100.1101, persons and vessels
are prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
[Docket No. USCG–2023–0233]
SUPPLEMENTARY INFORMATION:
Dated: March 29, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2023–06862 Filed 3–30–23; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard
33 CFR Part 165
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulations.
AGENCY:
ACTION:
The Coast Guard will enforce
multiple safety zones located in federal
regulations for recurring marine events
taking place in July 2023. This action is
necessary and intended for the safety of
life and property on navigable waters
during these events. During the
enforcement periods, no person or
vessel may enter the respective safety
zone without the permission of the
Captain of the Port Buffalo or a
designated representative.
DATES: The Coast Guard will enforce
regulations listed in 33 CFR 165.939
Table 165.939, under (b) July Safety
Zones, according to the schedule listed
in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT. Jared
Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce multiple safety zones
for annual events in the Captain of the
Port Buffalo Zone listed in 33 CFR
165.939, Table 165.939, (b) July Safety
Zones, for events occurring in the
month of July as listed in the DATES
section above. Pursuant to 33 CFR
165.23, entry into, transiting, or
anchoring within these safety zones
during an enforcement period is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Buffalo or his designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
The safety zones the Coast Guard will
enforce are listed in 33 CFR 165.939
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19220-19222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06618]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-1613; Airspace Docket No. 22-ASO-27]
RIN 2120-AA66
Amendment of Class D and Class E Airspace, Key West, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends Class D airspace, Class E airspace
designated as an extension to a Class D surface area, and Class E
airspace extending upward from 700 feet above the surface at Key West
International Airport and Key West Naval Air Station (NAS), FL, as a
result of biennial airspace evaluations. This action also updates the
geographic coordinates for the airport and the Key West VORTAC.
DATES: Effective 0901 UTC, June 15, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.
ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register's website at www.federalregister.gov.
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591: telephone (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5946.
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 airspace for Key West International Airport and Key
West Naval Air Station (NAS), FL, to support IFR operations in the
area.
[[Page 19221]]
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-1613 in the Federal Register (87 FR 78883, December 23, 2022)
amending Class D airspace, Class E airspace designated as an extension
to a Class D surface area, and Class E airspace extending upward from
700 feet above the surface at Key West International Airport and Key
West Naval Air Station (NAS), FL, as a result of biennial airspace
evaluations. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
Differences From the NPRM
Subsequent to the publication of the Notice of Proposed Rulemaking,
the FAA found the Key West International Airport geographic coordinates
to be incorrect, as well as the geographic coordinates describing the
Key West International Airport Class D airspace and Key West Naval Air
Station Class D airspace points of intersection. This action corrects
the errors. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.
Incorporation by Reference
Class D and E airspace designations are published in Paragraphs
5000, 6002, 6004, and 6005 of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 on an annual basis. This document amends the current
version of that order, FAA Order JO 7400.11G, dated August 19, 2022,
and effective September 15, 2022. These updates will be published
subsequently in the next update to FAA Order JO 7400.11. FAA Order JO
7400.11G is publicly available as listed in the ADDRESSES section of
this document. These amendments will be published in the next update to
FAA Order JO 7400.11.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface for Key West
International Airport and Key West Naval Air Station (NAS) by extending
the airspace for each airport from within a 6.4-mile radius to a 6.5-
mile radius, and by updating the airport's geographic coordinates and
the geographic coordinates describing the intersections of Class D
airspace, to coincide with the FAA's database.
In addition, this action replaces the outdated terms Airport/
Facility Directory with the term Chart Supplement and Notice to Airmen
with the term Notice to Air Missions, in the Class D and Class E
airspace descriptions.
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 will only affect 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 the preparation of an
environmental assessment.
Lists 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
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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]
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2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASO FL D Key West, FL [Amended]
Key West International Airport, FL
(Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West NAS
(Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
That airspace extending upward from the surface to and including
2,500 feet MSL beginning at Lat. 24[deg]37'11'' N, long.
81[deg]44'41'' W; to Lat. 24[deg]33'04'' N, long. 81[deg]43'48'' W;
to Lat. 24[deg]31'15'' N, long. 81[deg]45'22'' W; to Lat.
24[deg]30'40'' N, long. 81[deg]45'15'' W; thence counterclockwise
via the 5.3-mile radius of Key West NAS to the intersection of the
3.9-mile radius of the Key West International Airport, thence
clockwise via the 3.9-mile radius of the Key West International
Airport to the point of beginning. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.
ASO FL D Key West NAS, FL [Amended]
Key West NAS, FL
(Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
Key West International Airport
(Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)
That airspace extending upward from the surface to and including
2,500 feet MSL within a 5.3-mile radius of Key West NAS, excluding
that airspace within the Key West International Airport Class D
airspace area. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will thereafter by
continuously published in the Chart Supplement.
Paragraph 6004 Class E Airspace Designated as an Extension to Class
D Surface Area.
* * * * *
ASO FL E4 Key West, FL [Amended]
Key West International Airport, FL
(Lat. 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West NAS
(Lat. 24[deg]34'29'' N, long. 81[deg]41'12'' W)
Key West VORTAC
(Lat. 24[deg]35'09'' N, long. 81[deg]48'02'' W)
That airspace extending upward from the surface within 3.1 miles
each side of the Key West VORTAC 309[deg] radial extending from the
3.9-mile radius of the Key West International Airport and the 5.3-
mile radius of Key West NAS to 7 miles northwest of the Key West
VORTAC. This Class E airspace area is effective during the specific
dates and time established in advance by a Notice to Air Missions.
The effective date and time
[[Page 19222]]
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 FL E5 Key West, FL [Amended]
Key West International Airport, FL
(Lat 24[deg]33'22'' N, long. 81[deg]45'36'' W)
Key West VORTAC
(Lat 24[deg]35'09'' N, long. 81[deg]48'02'' W)
Key West NAS
(Lat 24[deg]34'29'' N, long. 81[deg]41'12'' W)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Key West International Airport and
within 3.1 miles each side of the Key West VORTAC 309[deg] radial,
extending from the 6.5-mile radius to 7 miles northwest of the Key
West VORTAC; within a 6.8-mile radius of Key West NAS (Boca Chica).
Issued in College Park, Georgia, on March 20, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-06618 Filed 3-30-23; 8:45 am]
BILLING CODE 4910-13-P
