Amendment of Class E Airspace; West Palm Beach, FL, 37469-37470 [2023-12054]

Download as PDF Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations certification basis for Airbus Model A320–251N, –252N, –253N, –271N, –272N and –273N; and Model A321– 251NX, –252NX, –253NX, –271NX and –272NX airplanes. Issued in Des Moines, Washington, on June 4, 2023. Suzanne A. Masterson, Acting Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. Rechargeable Lithium Battery and Battery System Installations [FR Doc. 2023–12278 Filed 6–7–23; 8:45 am] BILLING CODE 4910–13–P ddrumheller on DSK120RN23PROD with RULES1 In lieu of § 25.1353(b)(1) through (4) at amendment 25–123, or § 25.1353(c)(1) through (4) at earlier amendments, each rechargeable lithium battery installation must: 1. Be designed to maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion. 2. Be designed to prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure, and automatically control the charge rate of each cell to protect against adverse operating conditions, such as cell imbalance, back charging, overcharging, and overheating. 3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure that may accumulate in hazardous quantities within the airplane. 4. Meet the requirements of § 25.863. 5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more- severe failure condition. 6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. 7. Have a failure sensing and warning system to alert the flightcrew if its failure affects safe operation of the airplane. 8. Have a monitoring and warning feature that alerts the flightcrew when its charge state falls below acceptable levels if its function is required for safe operation of the airplane. 9. Have a means to automatically disconnect from its charging source in the event of an over-temperature condition, cell failure or battery failure. Note: A battery system consists of the battery, battery charger and any protective, monitoring and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a battery and the battery system is referred to as a battery. VerDate Sep<11>2014 15:15 Jun 07, 2023 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–1254; Airspace Docket No. 23–ASO–23] RIN 2120–AA66 Amendment of Class E Airspace; West Palm Beach, FL Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends the West Palm Beach, FL Class E airspace legal description by removing ‘‘West Palm Beach’’ from the Palm Beach International Airport name in the West Palm Beach Class E airspace legal description sub-header as it is excessive and unnecessary. This action does not change the boundaries, altitudes, or operating requirements of the Class E airspace area. DATES: Effective 0901 UTC, August 10, 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: 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. 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) 305–5649. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 37469 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 E5 airspace description in West Palm Beach, FL, by removing ‘‘West Palm Beach’’ from the legal description sub-header because it is excessive and unnecessary. Incorporation by Reference Class E airspace designations are published in Paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, incorporated by reference in 14 CFR 71.1 annually. This document amends the current version of that order, FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022. These updates would subsequently be published 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. 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 or more above the surface of the earth for Palm Beach International Airport, West Palm Beach, FL, by removing ‘‘West Palm Beach’’ from the legal description sub-header because it is excessive and unnecessary. This action does not affect the boundaries, altitudes, or operating requirements of the airspace. Therefore, notice and public procedure under 5 U.S.C. 553(b) is unnecessary. 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 E:\FR\FM\08JNR1.SGM 08JNR1 37470 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations ‘‘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. 6.7-mile radius of Palm Beach County Park Airport. Environmental Review DEPARTMENT OF HOMELAND SECURITY 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 warrant the preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 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. [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ddrumheller on DSK120RN23PROD with RULES1 * * * * * ASO FL E5 West Palm Beach, FL Palm Beach International Airport, FL (Lat 26°40′59″ N, long 80°5′44″ W) Palm Beach County Park Airport (Lat 26°35′35″ N, long 80°5′6″ W) That airspace extending upward from 700 feet above the surface within a 10-mile radius of Palm Beach International Airport and a VerDate Sep<11>2014 15:15 Jun 07, 2023 Jkt 259001 * * * * Issued in College Park, Georgia, on June 1, 2023. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–12054 Filed 6–7–23; 8:45 am] BILLING CODE 4910–13–P Coast Guard 33 CFR Part 117 [Docket No. USCG–2022–0222] Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Florida East Coast (FEC) Railroad Bridge, mile 7.41, and the NW Dixie Highway Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at Stuart, Florida. In anticipation of a significant increase in railway activity across the FEC Railroad Bridge, the Coast Guard is considering changing the operating regulation for the FEC Railroad Bridge to allow the drawbridge to operate on a more predictable schedule. The operating regulation for the adjacent NW Dixie Highway Bridge will be modified to allow for the drawbridges to operate in concert. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding this deviation. DATES: This deviation is effective from 12:01 a.m. on June 21, 2023, through 11:59 p.m. on December 17, 2023. Comments and related material must reach the Coast Guard on or before August 4, 2023. ADDRESSES: You may submit comments identified by docket number USCG– 2022–0222 using Federal Decision Making Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. SUMMARY: Airspace, Incorporation by reference, Navigation (air). § 71.1 * PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 If you have questions on this test deviation, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District; telephone 305–415–6740, email Jennifer.N.Zercher@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background, Purpose and Legal Basis The FEC Railroad Bridge across the Okeechobee Waterway (OWW), mile 7.4, at Stuart, Florida is a single-leaf bascule bridge with a six-foot vertical clearance at mean high water in the closed position. The normal operating schedule for the bridge is found in 33 CFR 117.317(c). The NW Dixie Highway Bridge across the OWW, mile 7.5, at Stuart, Florida, is a double-leaf bascule bridge with a 14-foot vertical clearance at mean high water in the closed position. The normal operating schedule for the bridge is found in 33 CFR 117.317(d). Navigation on the waterway is commercial and recreational. In anticipation of a significant increase in railway activity across the FEC Railroad Bridge, the Coast Guard is considering changing the operating regulation for the FEC Railroad Bridge to allow the drawbridge to operate on a more predictable schedule and allow for reasonable usage of competing modes of transportation. The operating regulation for the adjacent NW Dixie Highway Bridge will be modified to allow for the drawbridges to operate in concert. On May 3, 2022, the Coast Guard published a Notification of Inquiry entitled, ‘‘Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL’’ in the Federal Register (87 FR 26145). On June 10, 2022, a Supplemental Notification of Inquiry entitled, ‘‘Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL’’ was published in the Federal Register (87 FR 35472). We received a total 2358 comments on those publications. Those comments were taken into consideration when developing this test deviation. Under this temporary deviation, the FEC Railroad Bridge shall open on signal at the quarter and three-quarter hour and remain open until all vessels requiring or requesting an opening have cleared, except any open period shall not exceed 15 minutes. If a train is in the track circuit at the designated opening time, the opening may be delayed up to but not exceed five minutes. Once the train has cleared the track circuit, the bridge must open immediately, if requested, and remain open until all vessels requiring an E:\FR\FM\08JNR1.SGM 08JNR1

Agencies

[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37469-37470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12054]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1254; Airspace Docket No. 23-ASO-23]
RIN 2120-AA66


Amendment of Class E Airspace; West Palm Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the West Palm Beach, FL Class E airspace 
legal description by removing ``West Palm Beach'' from the Palm Beach 
International Airport name in the West Palm Beach Class E airspace 
legal description sub-header as it is excessive and unnecessary. This 
action does not change the boundaries, altitudes, or operating 
requirements of the Class E airspace area.

DATES: Effective 0901 UTC, August 10, 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: 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.
    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) 305-5649.

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 E5 airspace description in West Palm Beach, FL, 
by removing ``West Palm Beach'' from the legal description sub-header 
because it is excessive and unnecessary.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
incorporated by reference in 14 CFR 71.1 annually. This document amends 
the current version of that order, FAA Order JO 7400.11G, Airspace 
Designations and Reporting Points, dated August 19, 2022, and effective 
September 15, 2022. These updates would subsequently be published 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.
    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 or more above the surface of the earth 
for Palm Beach International Airport, West Palm Beach, FL, by removing 
``West Palm Beach'' from the legal description sub-header because it is 
excessive and unnecessary. This action does not affect the boundaries, 
altitudes, or operating requirements of the airspace. Therefore, notice 
and public procedure under 5 U.S.C. 553(b) is unnecessary.

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

[[Page 37470]]

``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 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 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 JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ASO FL E5 West Palm Beach, FL

Palm Beach International Airport, FL
(Lat 26[deg]40'59'' N, long 80[deg]5'44'' W)
Palm Beach County Park Airport
(Lat 26[deg]35'35'' N, long 80[deg]5'6'' W)
    That airspace extending upward from 700 feet above the surface 
within a 10-mile radius of Palm Beach International Airport and a 
6.7-mile radius of Palm Beach County Park Airport.
* * * * *

    Issued in College Park, Georgia, on June 1, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-12054 Filed 6-7-23; 8:45 am]
BILLING CODE 4910-13-P
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