Establishment of Class E Airspace; Ellsworth, Augusta, and Waterville, ME, 23568-23569 [2023-08089]

Download as PDF 23568 Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–0099; Airspace Docket No. 22–ANE–12] RIN 2120–AA66 Establishment of Class E Airspace; Ellsworth, Augusta, and Waterville, ME Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Class E airspace extending upward from 700 feet above the surface for Maine Coast Memorial Heliport, Ellsworth, Maine; Maine General Medical Center/Augusta Heliport, Augusta, Maine; and Maine General Medical Center-Waterville Heliport, Waterville, Maine as instrument approach procedures have been designed for each heliport. 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 JO 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 a day, 365 days a 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/. For further information, contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267–8783. 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: ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: 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 VerDate Sep<11>2014 16:25 Apr 17, 2023 Jkt 259001 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 establishes airspace in Ellsworth, Augusta, and Waterville, ME, to support instrument flight rules (IFR) operations in the area. History The FAA published a notice of proposed rulemaking for Docket No. FAA–2023–0099 in the Federal Register (88 FR 11833, February 24, 2023) to establish Class E airspace extending upward from 700 feet above the surface for Maine Coast Memorial Heliport, Ellsworth, Maine; Maine General Medical Center/Augusta Heliport, Augusta, Maine; and Maine General Medical Center-Waterville Heliport, Waterville, Maine, as instrument approach procedures have been designed for each heliport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Incorporation by Reference Class E airspace designations are published in paragraph 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. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of the 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 establishing a 6-mile radius of Class E airspace extending upward from 700 feet above the surface for Maine Coast Memorial Heliport, Ellsworth, Maine; Maine General Medical Center/Augusta Heliport, Augusta, Maine; and Maine General Medical Center-Waterville Heliport, Waterville, Maine as instrument approach procedures have been designed for each heliport. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Controlled airspace is necessary for the safety and management of IFR operations in the area. 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 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 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. § 71.1 [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: ■ E:\FR\FM\18APR1.SGM 18APR1 Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Rules and Regulations Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ANE ME E5 Ellsworth, ME [Established] Maine Coast Memorial Heliport, ME (Lat. 44°32′48″ N, long. 68°25′03″ W) Point in Space Coordinates (Lat. 44°33′09″ N, long. 68°25′17″ W) That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of the point in space coordinates for Maine Coast Memorial Heliport. ANE ME E5 Augusta, ME [Established] Maine General Medical Center/Augusta Heliport, ME (Lat. 44°21′43″ N, long. 69°46′47″ W) Point in Space Coordinates (Lat. 44°21′44″ N, long. 69°47′35″ W) That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of the point in space coordinates for Maine General Medical Center/Augusta Heliport. ANE ME E5 Waterville, ME [Established] Maine General Medical Center-Waterville Heliport, ME (Lat. 44°33′58″ N, long. 69°38′52″ W) Point in Space Coordinates (Lat. 44°33′23″ N, long. 69°38′30″ W) That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of the point in space coordinates for Maine General Medical Center-Waterville Heliport. Issued in College Park, Georgia, on April 12, 2023. Lisa E. Burrows, Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–08089 Filed 4–17–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE–2020–0016] 234E1700D2; ETISF0000.EAQ000 EEEE500000] RIN 1082–AA02 ddrumheller on DSK120RN23PROD with RULES1 Risk Management, Financial Assurance, and Loss Prevention— Decommissioning Activities and Obligations Bureau of Safety and Environmental Enforcement, Interior. ACTION: Final rule. AGENCY: The Bureau of Safety and Environmental Enforcement (BSEE) issues this final rule to clarify and formalize its regulations related to SUMMARY: VerDate Sep<11>2014 16:25 Apr 17, 2023 Jkt 259001 decommissioning responsibilities of Outer Continental Shelf (OCS) oil, gas, and sulfur lessees and grant holders to ensure compliance with lease, grant, and regulatory obligations. This rule implements provisions of the proposed rule intended to clarify decommissioning responsibilities of right-of-use and easement (RUE) grant holders and to formalize BSEE’s policies regarding performance by predecessors ordered to decommission OCS facilities. This rule withdraws the proposal to amend BSEE’s regulations to require BSEE to proceed in reverse chronological order against predecessor lessees, owners of operating rights, and grant holders when requiring such entities to perform their accrued decommissioning obligations if the current lessees, owners, or holders have failed to perform. DATES: This rule is effective May 18, 2023. FOR FURTHER INFORMATION CONTACT: Kirk Malstrom, BSEE, at kirk.malstrom@ bsee.gov or at (703) 787–1751. SUPPLEMENTARY INFORMATION: Executive Summary On October 16, 2020, the Bureau of Ocean Energy Management (BOEM) and BSEE published a proposed rule entitled ‘‘Risk Management, Financial Assurance and Loss Prevention.’’ (85 FR 65904). In this final rule, the Department of the Interior (Department or DOI) implements certain proposed revisions to regulations administered by BSEE. BOEM intends to issue a new proposed rule for the provisions within its regulatory purview. The BSEE-administered portion of the proposed rule would have established that BSEE could only proceed in reverse chronological order against predecessor lessees, owners of operating rights, and grant holders when requiring them to perform their accrued decommissioning obligations if the current lessees, owners, or holders failed to perform. The BSEE-administered provisions also proposed to clarify decommissioning responsibilities for RUE grant holders, promulgate as regulations BSEE policy surrounding the obligations of predecessors when ordered to decommission, and require that any party appealing and seeking to stay a final decommissioning order post a surety bond. This final rule focuses on clarifying decommissioning obligations of RUE grant holders and promulgating as regulations BSEE policy regarding the obligations of predecessors ordered to perform decommissioning. BSEE has decided to withdraw its proposal that PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 23569 would have established the reverse chronological order constraint on BSEE’s pursuit of predecessor lessees, owners of operating rights, and grant holders for performance of their accrued decommissioning obligations. BSEE has also chosen not to finalize the proposed appeal bonding requirements. Table of Contents I. Preamble Acronyms and Abbreviations II. Background of BSEE Regulations A. BSEE Statutory and Regulatory Authority and Responsibilities B. Summary of Differences Between the Proposed and Final Rules for BSEE Provisions III. Discussion of Comments A. Overview of Comments on the BSEE Portion of the Proposed Rule B. Specific Comments on the BSEE Portion of the Proposed Rule IV. Section-by-Section Discussion of Revisions V. Procedural Matters A. Regulatory Planning and Review (Executive Orders (E.O.) 12866, 13563 and 13771) B. Regulatory Flexibility Act C. Congressional Review Act D. Unfunded Mandates Reform Act of 1995 E. Takings Implication Assessment (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) I. Paperwork Reduction Act (PRA) J. National Environmental Policy Act K. Data Quality Act L. Effects on the Nation’s Energy Supply (E.O. 13211) M. Clarity of This Regulation I. Preamble Acronyms and Abbreviations To ease the reading of this preamble and for reference purposes, the following acronyms and abbreviations are used in the preamble: ASLM Assistant Secretary for Land and Minerals Management BOEM Bureau of Ocean Energy Management BSEE Bureau of Safety and Environmental Enforcement DOI or Department Department of the Interior E.O. Executive Order FR Federal Register IBLA Interior Board of Land Appeals IC Information Collection IRIA Initial Regulatory Impact Analysis NTL Notice to Lessees and Operators OCS Outer Continental Shelf OCSLA Outer Continental Shelf Lands Act OIRA Office of Information and Regulatory Affairs (a sub-agency within OMB) OMB Office of Management and Budget PRA Paperwork Reduction Act RCO Reverse Chronological Order RIA Regulatory Impact Analysis ROW Right-of-Way RUE Right-of-Use and Easement E:\FR\FM\18APR1.SGM 18APR1

Agencies

[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Rules and Regulations]
[Pages 23568-23569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08089]



[[Page 23568]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0099; Airspace Docket No. 22-ANE-12]
RIN 2120-AA66


Establishment of Class E Airspace; Ellsworth, Augusta, and 
Waterville, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace extending upward from 700 
feet above the surface for Maine Coast Memorial Heliport, Ellsworth, 
Maine; Maine General Medical Center/Augusta Heliport, Augusta, Maine; 
and Maine General Medical Center-Waterville Heliport, Waterville, Maine 
as instrument approach procedures have been designed for each heliport.

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 JO 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 a day, 365 days a 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/. For further information, contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

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 establishes airspace in Ellsworth, Augusta, and Waterville, ME, 
to support instrument flight rules (IFR) operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-0099 in the Federal Register (88 FR 11833, February 24, 2023) 
to establish Class E airspace extending upward from 700 feet above the 
surface for Maine Coast Memorial Heliport, Ellsworth, Maine; Maine 
General Medical Center/Augusta Heliport, Augusta, Maine; and Maine 
General Medical Center-Waterville Heliport, Waterville, Maine, as 
instrument approach procedures have been designed for each heliport. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.

Incorporation by Reference

    Class E airspace designations are published in paragraph 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. FAA 
Order JO 7400.11G is publicly available as listed in the ADDRESSES 
section of the 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 establishing a 6-mile radius 
of Class E airspace extending upward from 700 feet above the surface 
for Maine Coast Memorial Heliport, Ellsworth, Maine; Maine General 
Medical Center/Augusta Heliport, Augusta, Maine; and Maine General 
Medical Center-Waterville Heliport, Waterville, Maine as instrument 
approach procedures have been designed for each heliport. Controlled 
airspace is necessary for the safety and management of IFR operations 
in the area.

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 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 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

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of 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:

[[Page 23569]]

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

* * * * *

ANE ME E5 Ellsworth, ME [Established]

Maine Coast Memorial Heliport, ME
    (Lat. 44[deg]32'48'' N, long. 68[deg]25'03'' W)
Point in Space Coordinates
    (Lat. 44[deg]33'09'' N, long. 68[deg]25'17'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.0-mile radius of the point in space coordinates for Maine 
Coast Memorial Heliport.

ANE ME E5 Augusta, ME [Established]

Maine General Medical Center/Augusta Heliport, ME
    (Lat. 44[deg]21'43'' N, long. 69[deg]46'47'' W)
Point in Space Coordinates
    (Lat. 44[deg]21'44'' N, long. 69[deg]47'35'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.0-mile radius of the point in space coordinates for Maine 
General Medical Center/Augusta Heliport.

ANE ME E5 Waterville, ME [Established]

Maine General Medical Center-Waterville Heliport, ME
    (Lat. 44[deg]33'58'' N, long. 69[deg]38'52'' W)
Point in Space Coordinates
    (Lat. 44[deg]33'23'' N, long. 69[deg]38'30'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.0-mile radius of the point in space coordinates for Maine 
General Medical Center-Waterville Heliport.

    Issued in College Park, Georgia, on April 12, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-08089 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P
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