Establishment of Class E Airspace; Utopia, TX, 68777-68778 [2024-19026]

Download as PDF 68777 Rules and Regulations Federal Register Vol. 89, No. 167 Wednesday, August 28, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2024–0732; Airspace Docket No. 24–ASW–5] RIN 2120–AA66 Establishment of Class E Airspace; Utopia, TX Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace at Utopia, TX. The FAA is taking this action to support new public instrument procedures. DATES: Effective date 0901 UTC, October 31, 2024. 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 each day, 365 days each year. FAA Order JO 7400.11H, 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: Raul Garza Jr., Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5874. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:52 Aug 27, 2024 Jkt 262001 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 the 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 Class E airspace extending upward from 700 feet above the surface at Brushy Creek Ranch Airport, Utopia, TX, to support instrument flight rule operations at this airport. History The FAA published an NPRM for Docket No. FAA 2024–0732 in the Federal Register (89 FR 34172; April 30, 2024), proposing to establish the Class E airspace at Utopia, TX. 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 An FAA database review noted that the incorrect airport name was used in the NPRM. This Final Rule replaces the incorrect airport name with the correct airport name,: Brushy Creek Ranch Airport. This action does not change the airspace dimensions or operating requirements. 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 7400.11H, dated August 11, 2023 and effective September 15, 2023. FAA Order JO 7400.11H 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 FAA Order JO 7400.11H 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 Class E airspace upward from 700 feet above the surface within a 10-mile radius of Brushy Creek Ranch Airport, Utopia, TX. This action supports new public instrument procedures. 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 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: E:\FR\FM\28AUR1.SGM 28AUR1 68778 Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Rules and Regulations 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 FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASW TX E5 Utopia, TX [Establish] Brushy Creek Ranch Airport, TX (Lat 29°42′49″ N, long 99°32′44″ W) That airspace extending upward from 700 feet above the surface within a 10-mile radius of the Brushy Creek Ranch Airport. * * * * * Issued in Fort Worth, Texas, on August 6, 2024. Steven Phillips, Acting Manager, Operations Support Group, ATO Central Service Center. U.S. Department of State, telephone (771) 205–9566; email DDTCCustomerService@state.gov, ATTN: Regulatory Change, ITAR Section 126.7 Australia, the United Kingdom, and the United States Exemption. In FR Doc. 2024–18043, beginning on page 67270 in the Federal Register of Tuesday, August 20, 2024, the following correction is made: SUPPLEMENTARY INFORMATION: § 124.8 [Corrected] 1. On page 67290, in the second column, in part 124, in amendment 4, the instruction ‘‘Amend § 124.8 by revising paragraph (a) to read as follows:’’ is corrected to read ‘‘Amend § 124.8 by revising paragraph (a)(5) to read as follows:’’ ■ Stanley L. Brown, Acting Assistant Secretary, Bureau of Political-Military Affairs, Department of State. [FR Doc. 2024–19262 Filed 8–27–24; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF STATE 22 CFR Part 150 [Public Notice: 12475] RIN 1400–AF85 [FR Doc. 2024–19026 Filed 8–27–24; 8:45 am] Diplomatic Agent-Level Immunity BILLING CODE 4910–13–P Department of State. Final rule. AGENCY: ACTION: DEPARTMENT OF STATE [Public Notice: 12506; Docket No. 2024– 0024] RIN 1400–AF84 International Traffic in Arms Regulations: Exemption for Defense Trade and Cooperation Among Australia, the United Kingdom, and the United States; Correction Department of State. Interim final rule; correction. AGENCY: ACTION: The Department of State (the Department) is correcting an interim final rule that appeared in the Federal Register on August 20, 2024 creating an exemption for defense trade and cooperation among Australia, the United Kingdom, and the United States and related amendments. DATES: Effective on September 1, 2024. FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs Officer, Office of Defense Trade Controls Policy, khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:52 Aug 27, 2024 The Vienna Convention on Diplomatic Relations defines ‘‘diplomatic agent’’ and the level of immunity enjoyed by a diplomatic agent. However, because some other individuals who are not themselves ‘‘diplomatic agents’’ as defined in the VCDR also enjoy what is known as ‘‘diplomatic agent-level immunity,’’ the Department of State is promulgating this regulation to clearly and correctly define which foreign persons enjoy diplomatic agent-level immunity within the United States and clarify that the determination of who enjoys diplomatic agent-level immunity and lesser statusbased immunity, which is both legal and factual in nature, is made by the Department of State. DATES: This rule is effective on August 28, 2024. FOR FURTHER INFORMATION CONTACT: Clifton M. Johnson, Diplomatic Law and Litigation, Office of the Legal Adviser, Department of State, Washington, DC 20520, (202) 647–1075, or johnsoncm5@ state.gov (for information regarding this SUMMARY: 22 CFR Part 124 Jkt 262001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 final rule); Office of Foreign Missions, Department of State, Washington, DC 20520, or OFM-Policy@state.gov (for information regarding diplomatic status and immunities in specific instances). SUPPLEMENTARY INFORMATION: Pursuant to Article II of the Constitution which provides the President with the right to receive ambassadors and other public ministers, the Secretary of State’s role to execute the foreign policy of the United States, specific provisions of the U.S. Code discussed below, and well established case law as noted below, the U.S. Department of State is uniquely positioned as the sole United States government agency that accepts the accreditation of foreign diplomats, and is authorized to determine and certify the diplomatic status of a foreign individual and the immunity enjoyed by that individual. This regulation defines who enjoys diplomatic agent-level immunity and clarifies the comprehensive scope of diplomatic agents’ immunity for the non-exclusive purpose of facilitating judicial and administrative proceedings in the United States. The regulation also clarifies that the determination of who enjoys diplomatic agent-level immunity and lesser status-based immunity is one that requires application of law to facts and is made by the Department of State—not any other federal agency or by any foreign mission in the United States. Individuals enjoying diplomatic agent-level immunity are not subject to the criminal jurisdiction of the United States, and are immune from the civil or administrative jurisdiction of the United States, with limited exceptions. Such immunity is enjoyed by diplomatic agents at bilateral diplomatic missions pursuant to the Vienna Convention on Diplomatic Relations (VCDR, 23 U.S.T. 3227; see Articles 29 and 31 in particular); certain senior officials of the United Nations pursuant to Article V, Section 19 of the Convention on Privileges and Immunities of the United Nations of 1970 (21 U.S.T. 1418) (‘‘UN Convention’’); diplomatic staff at Permanent Missions of Member States to the United Nations pursuant to Article V, Section 15 of the United Nations Headquarters Agreement of 1947 (1947 U.S.T. 529) and Article IV, Section 11 of the UN Convention; consular officers assigned to consulates of countries with which the United States has an enhanced immunities agreement that ‘‘enhances’’ their immunity to diplomatic agent-level; certain senior officials of and representatives to some international organizations (see, e.g., Agreement on Privileges and Immunities of the E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Rules and Regulations]
[Pages 68777-68778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19026]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 89 , No. 167 / Wednesday, August 28, 2024 / 
Rules and Regulations

[[Page 68777]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0732; Airspace Docket No. 24-ASW-5]
RIN 2120-AA66


Establishment of Class E Airspace; Utopia, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Utopia, TX. The 
FAA is taking this action to support new public instrument procedures.

DATES: Effective date 0901 UTC, October 31, 2024. 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 each day, 365 days each year.
    FAA Order JO 7400.11H, 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: Raul Garza Jr., Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5874.

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 
the 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 Class E airspace extending upward from 700 
feet above the surface at Brushy Creek Ranch Airport, Utopia, TX, to 
support instrument flight rule operations at this airport.

History

    The FAA published an NPRM for Docket No. FAA 2024-0732 in the 
Federal Register (89 FR 34172; April 30, 2024), proposing to establish 
the Class E airspace at Utopia, TX. 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

    An FAA database review noted that the incorrect airport name was 
used in the NPRM. This Final Rule replaces the incorrect airport name 
with the correct airport name,: Brushy Creek Ranch Airport. This action 
does not change the airspace dimensions or operating requirements.

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 
7400.11H, dated August 11, 2023 and effective September 15, 2023. FAA 
Order JO 7400.11H 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 7400.11H 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 Class E airspace 
upward from 700 feet above the surface within a 10-mile radius of 
Brushy Creek Ranch Airport, Utopia, TX.
    This action supports new public instrument procedures.

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 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

[[Page 68778]]

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 FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

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

* * * * *

ASW TX E5 Utopia, TX [Establish]

Brushy Creek Ranch Airport, TX
    (Lat 29[deg]42'49'' N, long 99[deg]32'44'' W)

    That airspace extending upward from 700 feet above the surface 
within a 10-mile radius of the Brushy Creek Ranch Airport.
* * * * *

    Issued in Fort Worth, Texas, on August 6, 2024.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2024-19026 Filed 8-27-24; 8:45 am]
BILLING CODE 4910-13-P

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