80_FR_28634 80 FR 28538 - Prohibition of Fixed-Wing Special Visual Flight Rules Operations at Washington-Dulles International Airport; Withdrawal

80 FR 28538 - Prohibition of Fixed-Wing Special Visual Flight Rules Operations at Washington-Dulles International Airport; Withdrawal

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28538-28539
FR Document2015-12047

The FAA is withdrawing a previously published direct final rule that would have prohibited fixed-wing special visual flight rules operations at Washington-Dulles International Airport. The FAA is withdrawing this action because it has received an adverse comment.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28538-28539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12047]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2015-0190; Amdt. No. 91-337]
RIN 2120-AK69


Prohibition of Fixed-Wing Special Visual Flight Rules Operations 
at Washington-Dulles International Airport; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The FAA is withdrawing a previously published direct final 
rule that would have prohibited fixed-wing special visual flight rules 
operations at Washington-Dulles International Airport. The FAA is 
withdrawing this action because it has received an adverse comment.

DATES: The direct final rule published on March 26, 2015, at 80 FR 
15887, is withdrawn, effective May 19, 2015.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact David Maddox, Airspace Policy and Regulation 
Group, AJV-113, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-8783; email 
david.maddox@faa.gov.
    For legal questions concerning this action, contact Robert Frenzel, 
Office of the Chief Counsel, AGC-200, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email robert.frenzel@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On March 26, 2015 (80 FR 15887), the FAA published in the Federal 
Register a direct final rule prohibiting fixed-wing special visual 
flight rules (SVFR) operations at Washington-Dulles International 
Airport (IAD). The direct final rule was to become effective on May 26, 
2015.

Reason for Withdrawal

    The FAA is withdrawing the direct final rule because the agency 
received

[[Page 28539]]

an adverse comment to the rule and is required by 14 CFR 11.31(c) to 
withdraw a direct final rule if the agency receives any adverse comment 
or notice of intent to file any adverse comment. We received a comment 
from an individual pilot who objected to the prohibition of fixed-wing 
SVFR operations at IAD. The commenter stated that the blanket 
prohibition of SVFR was inappropriate and unnecessary. The commenter 
further stated that he had personally used SVFR twice in the last few 
years to land at IAD to participate in an event at the Smithsonian 
National Air and Space Museum's Steven F. Udvar-Hazy Center, which is 
located adjacent to IAD. The commenter further suggested that the IAD 
control tower should approve or disapprove SVFR operations on a case-
by-case basis.
    The FAA has determined that the comment meets the requirements for 
consideration as an adverse comment per Sec.  11.31(a). In accordance 
with the provisions of Sec.  11.31(c), the FAA withdraws the direct 
final rule.

Conclusion

    Withdrawal of Amendment No. 91-337 does not preclude the FAA from 
issuing rulemaking on the subject in the future, nor does it commit the 
agency to any future course of action. The agency may also make any 
future necessary changes to the Code of Federal Regulations through a 
notice of proposed rulemaking with opportunity for public comment. 
Therefore, the FAA withdraws Amendment No. 91-337 published at 80 FR 
15887, March 26, 2015.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on May 13, 2015.
Jodi S. McCarthy,
Director, Airspace Services.
[FR Doc. 2015-12047 Filed 5-18-15; 8:45 am]
 BILLING CODE 4910-13-P



                                            28538                  Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

                                            described in Subtitle VII, Part A,                         Class D airspace area is effective during the           Issued in Seattle, Washington, on May 8,
                                            Subpart I, Section 40103. Under that                       specific dates and times established in               2015.
                                            section, the FAA is charged with                           advance by a Notice to Airmen. The effective          Christopher Ramirez,
                                            prescribing regulations to assign the use                  date and time will thereafter be continuously         Acting Manager, Operations Support Group,
                                            of airspace necessary to ensure the                        published in the Airport/Facility Directory.          Western Service Center.
                                            safety of aircraft and the efficient use of                Paragraph 6002 Class E airspace designated            [FR Doc. 2015–12019 Filed 5–18–15; 8:45 am]
                                            airspace. This regulation is within the                    as surface areas.                                     BILLING CODE 4910–13–P
                                            scope of that authority as it amends
                                                                                                       *      *     *       *       *
                                            controlled airspace at Tri-Cities Airport,
                                            Pasco, WA.                                                 ANM WA E2         Pasco, WA [Modified]                DEPARTMENT OF TRANSPORTATION
                                            Environmental Review                                       Pasco, Tri-Cities Airport, WA                         Federal Aviation Administration
                                                                                                          (Lat. 46°15′53″ N., long. 119°07′09″ W.)
                                              The FAA has determined that this
                                                                                                          That airspace extending upward from the            14 CFR Part 91
                                            action qualifies for categorical exclusion
                                                                                                       surface within a 4.3-mile radius of Tri-Cities
                                            under the National Environmental                                                                                 [Docket No. FAA–2015–0190; Amdt. No. 91–
                                                                                                       Airport and that airspace within 4.8-mile
                                            Policy Act in accordance with FAA                                                                                337]
                                                                                                       radius of the airport from the 256° bearing
                                            Order 1050.1E, ‘‘Environmental
                                                                                                       from the airport clockwise to the 11° bearing         RIN 2120–AK69
                                            Impacts: Policies and Procedures,’’
                                                                                                       from the airport and that airspace within a
                                            paragraph 311a. This airspace action is                                                                          Prohibition of Fixed-Wing Special
                                                                                                       5.8-mile radius of the airport from the 11°
                                            not expected to cause any potentially                      bearing from the airport clockwise to the 83°         Visual Flight Rules Operations at
                                            significant environmental impacts, and                     bearing from the airport and within 5.8-mile          Washington-Dulles International
                                            no extraordinary circumstances exist                       radius of the airport from 213° bearing               Airport; Withdrawal
                                            that warrant preparation of an                             clockwise to the 256° bearing from the
                                            environmental assessment                                                                                         AGENCY: Federal Aviation
                                                                                                       airport. This Class D airspace area is effective
                                                                                                                                                             Administration (FAA), DOT.
                                            Lists of Subjects in 14 CFR Part 71                        during the specific dates and times
                                                                                                                                                             ACTION: Direct final rule; withdrawal.
                                                                                                       established in advance by a Notice to
                                              Airspace, Incorporation by reference,
                                                                                                       Airmen. The effective date and time will              SUMMARY:   The FAA is withdrawing a
                                            Navigation (air).                                          thereafter be continuously published in the           previously published direct final rule
                                            Adoption of the Amendment:                                 Airport/Facility Directory.                           that would have prohibited fixed-wing
                                              In consideration of the foregoing, the                   Paragraph 6004 Class E airspace areas                 special visual flight rules operations at
                                            Federal Aviation Administration                            designated as an extension to Class D or              Washington-Dulles International
                                            amends 14 CFR part 71 as follows:                          Class E surface area.                                 Airport. The FAA is withdrawing this
                                                                                                       *      *     *       *       *                        action because it has received an
                                            PART 71—DESIGNATION OF CLASS A,                                                                                  adverse comment.
                                            B, C, D, AND E AIRSPACE AREAS; AIR                         ANM WA E4         Pasco, WA [Removed]                 DATES: The direct final rule published
                                            TRAFFIC SERVICE ROUTES; AND                                Paragraph 6005 Class E airspace areas                 on March 26, 2015, at 80 FR 15887, is
                                            REPORTING POINTS                                           extending upward from 700 feet or more                withdrawn, effective May 19, 2015.
                                                                                                       above the surface of the earth.                       FOR FURTHER INFORMATION CONTACT: For
                                            ■ 1. The authority citation for Part 71
                                                                                                       *      *     *       *       *                        technical questions concerning this
                                            continues to read as follows:
                                                                                                                                                             action, contact David Maddox, Airspace
                                              Authority: 49 U.S.C. 106(f), 106(g) 40103,               ANM WA E5         Pasco, WA [Modified]                Policy and Regulation Group, AJV–113,
                                            40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               Pasco, Tri-Cities Airport, WA                         Federal Aviation Administration, 800
                                            1959–1963 Comp., p. 389.                                     (Lat. 46°15′53″ N., long. 119°07′09″ W.)            Independence Avenue SW.,
                                            § 71.1       [Amended]                                       That airspace extending upward from 700             Washington, DC 20591; telephone (202)
                                                                                                       feet above the surface within 7.8-mile radius         267–8783; email david.maddox@
                                            ■ 2. The incorporation by reference in
                                                                                                       of the Tri-Cities Airport, and that airspace          faa.gov.
                                            14 CFR 71.1 of FAA Order 7400.9Y,                                                                                  For legal questions concerning this
                                                                                                       within an 11-mile radius of the airport from
                                            Airspace Designations and Reporting                                                                              action, contact Robert Frenzel, Office of
                                                                                                       the 265° bearing from the airport clockwise
                                            Points, dated August 6, 2014, and                                                                                the Chief Counsel, AGC–200, Federal
                                                                                                       to 16° bearing from the airport, and that
                                            effective September 15, 2014, is                                                                                 Aviation Administration, 800
                                                                                                       airspace from the 54° bearing from the airport
                                            amended as follows:                                        clockwise to the 112° from the airport, and           Independence Avenue SW.,
                                            Paragraph 5000         Class D Airspace.                   that airspace 3.5 miles either side of the 35°        Washington, DC 20591; telephone (202)
                                            *        *      *       *      *                           bearing of the airport extending from the 11-         267–3073; email robert.frenzel@faa.gov.
                                                                                                       mile radius to 13 mile northeast of the               SUPPLEMENTARY INFORMATION:
                                            ANM WA D Pasco, WA [Modified]                              airport, and that airspace and that airspace
                                            Pasco, Tri-Cities Airport, WA                              4.0 miles either side of the 133° bearing             Background
                                               (Lat. 46°15′53″ N., long. 119°07′09″ W.)                extending from the airport to 13 miles                   On March 26, 2015 (80 FR 15887), the
                                            That airspace extending upward from the                    southeast of the airport, and that airspace 4         FAA published in the Federal Register
                                            surface to and including 2,900 feet MSL                    miles southeast and 9 miles northwest of the          a direct final rule prohibiting fixed-wing
                                            within a 4.3-mile radius of Tri-Cities Airport,            226° bearing from the airport extending from          special visual flight rules (SVFR)
                                            and that airspace within a 4.8-mile radius of              the airport 15 miles southwest; that airspace         operations at Washington-Dulles
                                            the airport from the 256° bearing from the
                                                                                                       extending upward from 1,200 feet above the            International Airport (IAD). The direct
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                                            airport clockwise to the 11° bearing from the
                                            airport, and that airspace within a 5.8-mile               surface bounded by a line beginning at lat.           final rule was to become effective on
                                            radius of the airport from the 11° bearing                 45°49′00″ N., long. 118°00′00″ W.; to lat.            May 26, 2015.
                                            from the airport clockwise to the 83° bearing              45°49′00″ N., long. 119°45′00″ W.; to lat.
                                                                                                       47°00′00″ N., long. 119°45′00″ W.; to lat.            Reason for Withdrawal
                                            from the airport, and within a 5.8-mile radius
                                            of the airport from the 213° bearing clockwise             47°00′00″ N., long. 118°00′00″ W.; thence to             The FAA is withdrawing the direct
                                            to the 256° bearing from the airport. This                 the point of origin.                                  final rule because the agency received


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                                                                Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations                                         28539

                                            an adverse comment to the rule and is                   DEPARTMENT OF COMMERCE                                   • The Regulatory Impact Review/
                                            required by 14 CFR 11.31(c) to                                                                                Initial Regulatory Flexibility Analysis
                                            withdraw a direct final rule if the                     National Oceanic and Atmospheric                      (RIR/IRFA), and the Categorical
                                            agency receives any adverse comment or                  Administration                                        Exclusion prepared for this action
                                            notice of intent to file any adverse                                                                          (collectively referred to as the
                                            comment. We received a comment from                     15 CFR Part 902                                       ‘‘Analysis’’);
                                            an individual pilot who objected to the                                                                          • The Harvest Specifications
                                            prohibition of fixed-wing SVFR                          50 CFR Part 680                                       Supplemental Information Report (SIR)
                                            operations at IAD. The commenter                        [Docket No. 130820737–5408–02]                        prepared for the final 2015 and 2016
                                            stated that the blanket prohibition of                                                                        harvest specifications;
                                                                                                    RIN 0648–BD61                                            • The Final Environmental
                                            SVFR was inappropriate and
                                                                                                                                                          Assessment/Final RIR/IRFA for
                                            unnecessary. The commenter further                      Fisheries of the Exclusive Economic                   Amendment 83 to the Fishery
                                            stated that he had personally used SVFR                 Zone Off Alaska; Bering Sea and                       Management Plan for Groundfish of the
                                            twice in the last few years to land at IAD              Aleutian Islands Crab Rationalization                 Gulf of Alaska (GOA FMP) Allocation of
                                            to participate in an event at the                       Program; Amendment 45; Pacific Cod                    Pacific Cod Among Sectors in the
                                            Smithsonian National Air and Space                      Sideboard Allocations in the Gulf of                  Western and Central GOA; and
                                            Museum’s Steven F. Udvar-Hazy Center,                   Alaska                                                   • The Alaska Groundfish Harvest
                                            which is located adjacent to IAD. The                   AGENCY:  National Marine Fisheries                    Specifications Final Environmental
                                            commenter further suggested that the                    Service (NMFS), National Oceanic and                  Impact Statement (Harvest
                                            IAD control tower should approve or                     Atmospheric Administration (NOAA),                    Specifications EIS).
                                            disapprove SVFR operations on a case-                   Commerce.                                                Written comments regarding the
                                            by-case basis.                                          ACTION: Final rule.                                   burden-hour estimates or other aspects
                                              The FAA has determined that the                                                                             of the collection of information
                                            comment meets the requirements for                      SUMMARY:   NMFS publishes regulations                 requirements contained in this final rule
                                            consideration as an adverse comment                     to implement Amendment 45 to the                      may be submitted by mail to NMFS,
                                            per § 11.31(a). In accordance with the                  Fishery Management Plan for Bering                    Alaska Region, P.O. Box 21668, Juneau,
                                                                                                    Sea/Aleutian Islands King and Tanner                  AK 99802–1668, Attn: Ellen Sebastian,
                                            provisions of § 11.31(c), the FAA
                                                                                                    Crabs (Crab FMP). Amendment 45                        Records Officer; in person at NMFS,
                                            withdraws the direct final rule.
                                                                                                    establishes, for a limited period of time,            Alaska Region, 709 West 9th Street,
                                            Conclusion                                              a process for NMFS to permanently                     Room 420A, Juneau, AK; or by email to
                                                                                                    remove Pacific cod catch limits, known                OIRA_submission@omb.eop.gov or fax
                                               Withdrawal of Amendment No. 91–                      as sideboard limits, which are                        to 202–395–5806.
                                            337 does not preclude the FAA from                      applicable to certain hook-and-line                   FOR FURTHER INFORMATION CONTACT:
                                            issuing rulemaking on the subject in the                catcher/processors in the Central and                 Rachel Baker, 907–586–7228
                                            future, nor does it commit the agency to                Western Gulf of Alaska (GOA)                          SUPPLEMENTARY INFORMATION: This final
                                            any future course of action. The agency                 Regulatory Areas. This action authorizes              rule implements Amendment 45 to the
                                            may also make any future necessary                      NMFS to remove these Pacific cod                      Crab FMP. The king and Tanner crab
                                            changes to the Code of Federal                          sideboard limits in the Central and/or                fisheries in the exclusive economic zone
                                            Regulations through a notice of                         Western GOA if each eligible participant              (EEZ) of the Bering Sea and Aleutian
                                            proposed rulemaking with opportunity                    in the hook-and-line catcher/processor                Islands are managed under the Crab
                                            for public comment. Therefore, the FAA                  sector in a regulatory area signs and                 FMP. While the groundfish fisheries in
                                            withdraws Amendment No. 91–337                          submits a request that NMFS remove the                the EEZ of the Gulf of Alaska are
                                            published at 80 FR 15887, March 26,                     sideboard limit. Each eligible                        managed primarily under the Fishery
                                            2015.                                                   participant will be required to submit                Management Plan for Groundfish of the
                                                                                                    the request to NMFS within 1 year of                  Gulf of Alaska (GOA FMP), some
                                              Issued under authority provided by 49                 the date of publication of this final rule.
                                            U.S.C. 106(f), 44701(a), and 44703 in                                                                         aspects of groundfish fishing in the Gulf
                                                                                                    This action is necessary to provide                   of Alaska are managed under the Crab
                                            Washington, DC, on May 13, 2015.
                                                                                                    participants in the Central and Western               FMP.
                                            Jodi S. McCarthy,                                       GOA hook-and-line catcher/processor                      NMFS published the Notice of
                                            Director, Airspace Services.                            sectors with an opportunity to                        Availability for Amendment 45 in the
                                            [FR Doc. 2015–12047 Filed 5–18–15; 8:45 am]             cooperatively coordinate harvests of                  Federal Register on February 2, 2015
                                            BILLING CODE 4910–13–P                                  Pacific cod through private arrangement               (80 FR 5499), with a 60-day comment
                                                                                                    to the participants’ mutual benefit,                  period that ended April 3, 2015. The
                                                                                                    which would remove the need for                       Secretary approved Amendment 45 on
                                                                                                    sideboard limits in these regulatory                  April 29, 2015, after accounting for
                                                                                                    areas. This action is intended to                     information from the public, and
                                                                                                    promote the goals and objectives of the               determining that Amendment 45 is
                                                                                                    Crab FMP, the Magnuson-Stevens                        consistent with the Crab FMP, the
                                                                                                    Fishery Conservation and Management                   Magnuson-Stevens Act, and other
                                                                                                    Act (Magnuson-Stevens Act), and other                 applicable law. NMFS published a
                                                                                                    applicable law.                                       proposed rule for Amendment 45 on
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                                                                                                    DATES: Effective June 18, 2015.                       February 12, 2015 (80 FR 7817). The 30-
                                                                                                    ADDRESSES: Electronic copies of the                   day comment period on the proposed
                                                                                                    following documents may be obtained                   rule ended March 16, 2015. NMFS
                                                                                                    from http://www.regulations.gov or from               received one comment letter during the
                                                                                                    the NMFS Alaska Region Web site at                    comment periods on Amendment 45
                                                                                                    http://alaskafisheries.noaa.gov:                      and the proposed rule. A summary of


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Document Created: 2015-12-15 15:29:24
Document Modified: 2015-12-15 15:29:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule; withdrawal.
DatesThe direct final rule published on March 26, 2015, at 80 FR 15887, is withdrawn, effective May 19, 2015.
ContactFor technical questions concerning this action, contact David Maddox, Airspace Policy and Regulation Group, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8783; email [email protected]
FR Citation80 FR 28538 
RIN Number2120-AK69

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