Department of Transportation 2019 – Federal Register Recent Federal Regulation Documents
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Notice of Final Federal Agency Actions on Proposed Highway in North Carolina
This notice announces actions taken by FHWA and the other Federal agencies that are final. The actions relate to a proposed widening of Interstate 26 from U. S. 25 near Hendersonville to the I- 40/240 Interchange in Asheville, also known as State Transportation Improvement Program Project I-4400/I-4700, in Henderson and Buncombe Counties, North Carolina. Those actions grant licenses, permits, and approvals for the project.
Deadline for Notification of Intent To Use the Airport Improvement Program Primary, Cargo, and Nonprimary Entitlement Funds Available to Date for Fiscal Year 2019
The Federal Aviation Administration (FAA) announces May 1, 2019, as the deadline for each airport sponsor to notify the FAA whether or not it will use its fiscal year 2019 entitlement funds (also referred to as apportioned funds) to accomplish Airport Improvement Program (AIP) eligible projects that the airport sponsor previously identified through the Airports Capital Improvement Plan process during the preceding year.
Notice of Availability of Supplemental Environmental Assessment for Decommissioning of the Defueled Nuclear Power Plant Onboard the NS SAVANNAH
The U.S. Department of Transportation (DOT), has made available for review to interested parties the Supplemental Environmental Assessment (EA) for the decommissioning of the deactivated and inoperable nuclear power plant onboard the NS SAVANNAH (NSS), currently moored in Baltimore, Maryland. The Supplemental EA analyzes three Proposed Action Alternative locations: Baltimore, MD, the Preferred Alternative; Hampton Roads, VA; Philadelphia, PA; and the No-Action Alternative. The analysis focuses on the following environmental resources: Water resources, biological resources, air quality, waste management, and health and safety. The Supplemental EA demonstrates that implementing the Proposed Action would result in no significant impacts to the human or natural environment and the preparation of an Environmental Impact Statement is not warranted.
Commercial Driver's License Upgrade From Class B to Class A; Correction
FMCSA corrects the entry-level driver training (ELDT) final rule published on March 6, 2019, titled ``Commercial Driver's License Upgrade from Class B to Class A.'' The March 6, 2019 final rule contained an error in the amendatory instruction that is being corrected in order to ensure the regulatory text matches the discussion of the change being made in the preamble to the document.
FY 2019 Competitive Funding Opportunity: Low or No Emission Grant Program
The Federal Transit Administration (FTA) announces the opportunity to apply for $85 million in competitive grants under the fiscal year (FY) 2019 Low or No Emission Grant Program (Low-No Program; Catalog of Federal Domestic Assistance (CFDA) number: 20.526). As required by Federal public transportation law, funds will be awarded competitively for the purchase or lease of low or no emission vehicles that use advanced technologies for transit revenue operations, including related equipment or facilities. Projects may include costs incidental to the acquisition of buses or to the construction of facilities, such as the costs of related workforce development and training activities, and project administration expenses. FTA may award additional funding that is made available to the program prior to the announcement of project selections.
Petition for Exemption; Summary of Petition Received; Airbus S.A.S.
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PUFFIN QUEST (64′ Motor Vessel); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NO DIRECTION (30′ Power Boat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DOCLE VITTORIA (40′ Motorboat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel COLAN (48′ Motor Boat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BUSHMAN'S FRIEND (32′ Sailboat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Request for Comments on a New Information Collection
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on December 17, 2018.
Request for Comments on the Renewal of a Previously Approved Information Collection: Effective U.S. Control (EUSC)/Parent Company
The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The information to be collected will be used to aid in identifying oceangoing vessels that may be both useful and available to the Department of Defense for deploying U.S. military equipment (such as tanks and other tracked and wheeled vehicles) and the full range of supplies (including petroleum products and fuel) necessary to sustain a force in a foreign theater of operations. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel POET'S LOUNGE (47′ Sailboat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Airworthiness Directives; Airbus SAS Airplanes
We are removing AD 2007-22-05 and AD 2013-13-13 (referred to after this as ``the affected ADs''), which applied to Airbus SAS Model A300-600 and A310 series airplanes. The affected ADs required certain actions to address various unsafe conditions. The affected ADs are no longer necessary because we have since issued other ADs to address these unsafe conditions. Accordingly, we are removing the affected ADs.
Airworthiness Directives; Bombardier, Inc., Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model DHC-8-400 series airplanes. This proposed AD was prompted by a report of a cracked outboard spoiler actuator mounting bracket. This proposed AD would require repetitive inspections of the outboard spoiler actuator mounting brackets, replacement of any cracked bracket, and eventual replacement of all brackets with a re-designed part that would terminate the repetitive inspections. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Honeywell International Inc. Turbofan Engines
We are superseding Airworthiness Directive (AD) 2017-20-01 for certain Honeywell International Inc. (Honeywell) TFE731-20 and TFE731- 40 turbofan engines. AD 2017-20-01 required removing the affected fan disk and replacing it with a fan disk eligible for installation. Since we issued AD 2017-20-01, we determined that some turbofan engine models were omitted from the applicability of AD 2017-20-01. This AD adds turbofan engine models to the applicability and removes the Honeywell TFE731-20 turbofan engine model from the applicability. This AD requires removal of affected fan disks and replacement with parts eligible for installation. This AD was prompted by two fan disks found with surface rollovers in the dovetail slot area. We are issuing this AD to address the unsafe condition on these products.
Proposed Amendment of the Class D and Class E Airspace; Tulsa, OK
This action proposes to amend the Class D airspace and Class E airspace extending upward from 700 feet above the surface at Richard Lloyd Jones Jr. Airport, Tulsa, OK, and the Class E airspace extending upward from 700 feet above the surface at William R. Pogue Municipal Airport, Sand Springs, OK, which is contained within the Tulsa, OK, airspace legal description. The FAA is proposing this action as the result of the decommissioning of the Glenpool VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at these airports, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the Richard Lloyd Jones Jr. Airport would also be updated to coincide with the FAA's aeronautical database.
Proposed Amendment of the Class E Airspace; Portland, TN
This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Portland Municipal Airport, Portland, TN. The FAA is proposing this action as the result of the decommissioning of the Bowling Green VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.
Proposed Amendment of Class E Airspace, Fort Payne, AL
This action proposes to amend Class E airspace extending upward from 700 feet above the surface in Isbell Field Airport, Fort Payne, AL, to accommodate airspace reconfiguration due to the decommissioning of the Fort Payne non-directional radio beacon and cancellation of the NDB approach. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also would update the airport name and geographic coordinates of this airport. In addition, this action would update the name and geographic coordinates of Dekalb Regional Medical Center Heliport, which is contained within the legal description of the Isbell Field Airport airspace.
Amendment and Establishment of Multiple Air Traffic Service (ATS) Routes; Western United States
This action modifies six United States Area Navigation (RNAV) routes (Q-88, Q-90, Q-114, Q-126, Q-136, and Q-150) and establishes one RNAV route (Q-92) in the western United States. The routes support standard instrument departures (SIDs) and standard terminal arrival routes (STARs) for Denver International Airport. Additionally, the routes promote operational efficiencies for users and provide connectivity to current and proposed RNAV enroute procedures while enhancing capacity for adjacent airports.
Proposed Establishment of Restricted Area R-7205; Guam, GU
This action proposes to establish restricted area R-7205 on the island of Guam, GU. The US Army has been operating a Terminal High Altitude Area Defense (THAAD) radar system in direct support of national defense initiatives. The system has operated within a Temporary Flight Restriction (TFR) for over five years. The restricted area is necessary to protect aviation from hazardous electro-magnetic radiation and segregate non-participating aircraft.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew exemptions for 110 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 13 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.
Notice of Rail Energy Transportation Advisory Committee Vacancy; Correction
The Surface Transportation Board published a document in the Federal Register of March 6, 2016, giving notice of one vacancy on its Rail Energy Transportation Advisory Committee and soliciting suggestions from the public for candidates to fill the vacancy. The published document contained an incorrect description of the vacancy.
Airworthiness Directives; Airbus SAS Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes. This AD was prompted by reports of low clearance between the electrical harness and nearby hydraulic pipes in the inboard trailing edge of the wing. This AD requires repetitive detailed inspections of certain electrical harnesses for discrepancies and corrective actions, if necessary, as specified in an European Aviation Safety Agency (EASA) AD, which is incorporated by reference. We are issuing this AD to address the unsafe condition on these products.
Recommendations for Facilities Realignments To Support Transition to NextGen as Part of Section 804 of the FAA Modernization and Reform Act of 2012-Parts 4 & 5; Request for Comments
This document announces the availability of the FAA National Facilities Realignment and Consolidation Report, Parts 4 & 5. The report was developed in response to Section 804 of the FAA Modernization and Reform Act of 2012. The report and recommendations contained therein have been developed collaboratively with the National Air Traffic Controllers Association (NATCA) and the Professional Aviation Safety Specialists (PASS) labor unions and with input from stakeholders. The FAA seeks comments on this report.
Nuro, Inc.; Receipt of Petition for Temporary Exemption for an Electric Vehicle With an Automated Driving System
Nuro, Inc. (Nuro) has petitioned NHTSA for a temporary exemption from certain requirements in Federal Motor Vehicle Safety Standard (FMVSS) No. 500, which establishes standards for ``Low-speed vehicles,'' on the basis that an exemption would make the development or field evaluation of a low-emission vehicle easier without unreasonably lowering the safety of that vehicle. The vehicle for which Nuro requests an exemption is a low-speed, highly automated delivery vehicle intended to be operated without any human occupants and thus designed without any seating. Specifically, Nuro requests exemptions from the requirements in FMVSS No. 500 that its vehicle be equipped with rearview mirrors, a windshield that complies with FMVSS No. 205, and a rear visibility (backup camera) system that complies with FMVSS No. 111. Nuro states that the absence of human occupants, combined with the vehicle's various safety design features, including the vehicle's Automated Driving System (ADS), make compliance with these provisions of FMVSS No. 500 either unnecessary for, or detrimental to, the safety of pedestrians and cyclists. NHTSA is publishing this document in accordance with statutory and administrative provisions, and requests comments on this document and the petition submitted by Nuro. NHTSA will assess the merits of the petition and decide whether to grant or deny it after receiving and considering the public comments on this notice, the petition, public responses to the questions in this notice and such additional information as Nuro may provide.
General Motors, LLC-Receipt of Petition for Temporary Exemption From Various Requirements of the Safety Standards for an All-Electric Vehicle With an Automated Driving System
In accordance with the procedures in the Temporary Exemption from Motor Vehicle Safety and Bumper Standards, General Motors, LLC, (GM) has applied for a temporary exemption for its driverless ``Zero- Emission Autonomous Vehicle'' (ZEAV), an all-electric vehicle with an Automated Driving System (ADS), from part of each of 16 Federal Motor Vehicle Safety Standards (FMVSS). The ZEAVs would not be equipped with a steering wheel, manually-operated gear selection mechanism, or foot pedals for braking and accelerating. If the requested exemption were granted, GM would use the ZEAVs to provide on-demand mobility services in GM-controlled fleets. GM requests the exemption be granted on either or both of two statutory bases: That it would facilitate the development or field evaluation of a new motor vehicle safety feature providing a level of safety at least equal to those of FMVSS from which exemption is requested, or that it would facilitate the development or field evaluation of a low-emission vehicle without unreasonably lowering the safety performance of the vehicle. NHTSA seeks comment on the merits of and most appropriate statutory basis for GM's exemption petition and whether the petition satisfies the substantive requirements for an exemption. NHTSA will assess the merits of the petition after receiving and considering the public comments on this notice, the petition, public responses to the questions in this notice, and any additional information that might be forthcoming from GM.
Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in Tarrant, Dallas, and Collin Counties, Texas and Marion County, Indiana. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
Aviation Consumer Protection Advisory Committee Matters; Subcommittee on In-Flight Sexual Misconduct
The U.S. Department of Transportation has rescheduled the previously announced January 16, 2019, meeting of the Aviation Consumer Protection Advisory Committee (``ACPAC'' or ``Committee''). The new date for the first meeting of the reestablished ACPAC is April 4, 2019. The meeting will be held in the Media Center (located on the lobby level of the West Building) at the U.S. Department of Transportation Headquarters, 1200 New Jersey Ave. SE, Washington, DC 20590. Three topics will be discussed at that meetingestablishment of the National In-Flight Sexual Misconduct Task Force (``Task Force'') (including the tasks to be carried out by the Task Force); transparency of airline ancillary service fees; and involuntary changes to travel itineraries.
Amendment of the Prohibition Against Certain Flights in the Tripoli Flight Information Region (FIR) (HLLL)
This action extends, with modifications to reflect changed conditions in Libya, the Special Federal Aviation Regulation (SFAR) prohibiting certain flight operations in the Tripoli Flight Information Region (FIR) (HLLL) by all: United States (U.S.) air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier. This action extends the prohibition of U.S. civil flight operations in the Tripoli FIR (HLLL) at altitudes below Flight Level (FL) 300 to safeguard against continuing hazards to U.S. civil aviation. However, this action also reduces the scope of the prohibition, permitting U.S. civil aviation overflights of the Tripoli FIR (HLLL) at altitudes at and above FL300 to resume, due to the reduced risk to U.S. civil aviation operations at those altitudes. The FAA also republishes, with minor revisions, the approval process and exemption information for this SFAR, consistent with other recently published flight prohibition SFARs; makes a minor editorial change to the title of the rule; and makes other minor revisions for consistency with other recently published flight prohibition SFARs.
Operators of Boeing Company Model 737-8 and Boeing Company Model 737-9 Airplanes: Emergency Order of Prohibition
This Emergency Order of Prohibition is issued by the Federal Aviation Administration (FAA). Effective March 13, 2019, this Order prohibits the operation of Boeing Company Model 737-8 and Boeing Company Model 737-9 airplanes by U.S. certificated operators. This Order also prohibits the operation of Boeing Company Model 737-8 and Boeing Company Model 737-9 series airplanes in the territory of the United States. Airplanes covered by this Order, if in flight at the time this Order is issued, may proceed to and complete their soonest planned landing, but may not again takeoff.
Notice of Railroad-Shipper Transportation Advisory Council Vacancy
The Board hereby gives notice of an upcoming vacancy on RSTAC for a small shipper representative. The Board seeks suggestions for candidates to fill this vacancy.
Notice of Opportunity: Criteria and Application Procedures for the Military Airport Program (MAP) for Fiscal Year 2019
The FAA is announcing the criteria, application procedures, and schedule for the Military Airport Program (MAP), to enable the Secretary of Transportation to designate a maximum of 15 joint-use, or former military airports, to participate in the MAP for the purposes of capital development funding assistance.
Agency Request for Renewal of a Previously Approved Information Collection: Exemptions for Air Taxi Operations
The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB)'s approval to renew an information collection. The collection involves a classification of air carriers known as air taxi operators and their filings of a one-page form that enables them to obtain economic authority from DOT. The information to be collected is necessary for DOT to determine whether an air taxi operator meets DOT's criteria for an economic authorization in accordance with DOT rules. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Update to Investigative and Enforcement Procedures; Correction
The FAA is correcting an NPRM published on February 12, 2019. In that document, the FAA proposed to amend its regulations to the procedural rules governing Federal Aviation Administration investigations and enforcement actions. This document corrects two errors in the FOR FURTHER INFORMATION CONTACT section of that document and one error in the footnote of the ``Subpart AGeneral Authority To Re-Delegate and Investigative Procedures'' section of that document.
Notice Regarding U.S. Carrier Authority To Serve Samoa
This notice advises U.S. carriers holding blanket open-skies route authority that effective July 9, 2019, Samoa will be removed from the Department of Transportation's list of Open Skies Agreements Currently Being Applied. This notice invites carriers seeking to provide scheduled foreign air transportation to Samoa after that date to file applications for exemption authority.
Railroad Cost Recovery Procedures-Productivity Adjustment
In a decision served on March 11, 2019, the Board proposed to adopt 1.005 (0.5% per year) as the measure of average (geometric mean) change in railroad productivity for the 2013-2017 (five-year) period. This represents an increase of 0.9% from the average for the 2012-2016 period. The Board's March 11, 2019 decision in this proceeding stated that comments may be filed addressing any perceived data and computational errors in the Board's calculation. The decision also stated that unless a further order is issued postponing the effective date, this decision is effective on March 29, 2019.
Notice of Intent To Rule on Request To Release Airport Property at Yellowstone Regional Airport, Cody, WY
The FAA proposes to rule and invite public comment on the release of land at Yellowstone Regional Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).
FAA's CORSIA Monitoring, Reporting & Verification Program
This notice announces the availability of FAA's CORSIA Monitoring, Reporting, and Verification Program. This voluntary program will fulfill the responsibilities of the United States under the Chicago Convention to implement the ICAO Standards and Recommended Practices for the monitoring, reporting, and verification of CO2 emissions from international flights pursuant to Annex 16, Volume IVCarbon Offsetting and Reduction Scheme for International Aviation (CORSIA), of the Chicago Convention.
[Docket No. FAA-2019-0159] HEADAgency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: B4UFLY Smartphone App
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves the B4UFLY smartphone app that provides situational awareness of flight restrictionsincluding locations of airports, restricted airspace, special use airspace, and temporary flight restrictionsbased on a user's current or planned flight location. In order to maintain NAS safety in proximity to airports, authorization is now required from recreational Unmanned Aircraft System (UAS) pilots to operate in controlled airspace The data collected will assist the FAA with determining the best processes to authorize recreational UAS pilots and inform air traffic control personnel of a UAS pilot's intended flight in order to assess whether the UAS may disrupt or endanger manned air traffic.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Proposed Revocation of Class E Airspace; Morgan City, LA
This action proposes to remove Class E airspace extending upward from 700 feet above the surface at Morgan City, LA. The FAA is proposing this action due to the cancellation of the standard instrument approach procedures at the heliport making the airspace no longer necessary.
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