80 FR 77234 - Establishment of Class E Airspace, Neah Bay, WA
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 239 (December 14, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 239 (December 14, 2015)
| Page Range | 77234-77235 | |
| FR Document | 2015-31274 |
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)] [Rules and Regulations] [Pages 77234-77235] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31274] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3321; Airspace Docket No. 15-ANM-17] Establishment of Class E Airspace, Neah Bay, WA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action establishes Class E airspace at U. S. Coast Guard Station Neah Bay Heliport, Neah Bay, WA, to accommodate a new Standard Instrument Approach Procedure developed at the heliport. Controlled airspace is necessary for the safety and management of Instrument Flight Rules (IFR) operations at the heliport. DATES: Effective 0901 UTC, February 4, 2016. The Director of the Federal [[Page 77235]] Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202- 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4563. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Neah Bay, WA. History On September 29, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace extending upward from 700 feet above the surface at U.S. Coast Guard Station Neah Bay Heliport, Neah Bay, WA (80 FR 58364). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface at U.S. Coast Guard Station Neah Bay Heliport, Neah Bay, WA. Establishment of a GPS approach has made this action necessary for the safety and management of IFR operations at the heliport. Class E airspace is established within a 1-mile radius of the U.S. Coast Guard Station Neah Bay Heliport, with a segment extending from the 1- mile radius to 2.5 miles northeast of the heliport. 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, is non-controversial and unlikely to result in adverse or negative comments. 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 311a. 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). Adoption of 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 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ANM WA E5 U.S. Coast Guard Station Neah Bay Heliport, Neah Bay, WA [New] U.S. Coast Guard Station Neah Bay Heliport, WA (Lat. 48[deg]22'14'' N., long. 124[deg]35'53'' W.) That airspace extending upward from 700 feet above the surface within a 1-mile radius of U.S. Coast Guard Station Neah Bay Heliport, and within 1 mile each side of the 055[deg] bearing from the heliport extending from the 1-mile radius to 2.5 miles northeast of the heliport. Issued in Seattle, Washington, on December 7, 2015. Tracey Johnson, Manager, Operations Support Group, Western Service Center. [FR Doc. 2015-31274 Filed 12-11-15; 8:45 am] BILLING CODE 4910-13-P
![77234 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations
F. Comments Received on Proposed California’s central valley. According to tetracycline in controlling fire blight in
Rule AMS–NOP–15–0015; NOP–15–07 this commenter, the alternatives to the apples or pear production for their
AMS received two comments on use of streptomycin and tetracycline region can submit a petition (http://
proposed rule AMS–NOP–15–0015. researched in the Pacific Northwest are www.ams.usda.gov/rules-regulations/
Only one comment from a consumer ineffective in controlling fire blight in organic/national-list/filing-petition) to
addressed the 2015 Sunset review California’s central valley. The add tetracycline back onto the National
amendments to remove marsala and commenter claims the amendment to List.
sherry wines from the National List. The prohibit the use of these antibiotics to
control fire blight created a significant List of Subjects in 7 CFR Part 205
second comment was from a California Administrative practice and
economic advantage for apple growers
apple producer and it addressed procedure, Agricultural commodities,
in the Pacific Northwest. The removal of
removing the expired listings, Imports, Labeling, Livestock, Reporting
the expired listings for streptomycin
streptomycin and tetracycline, from the and recordkeeping requirements, Soil
and tetracycline in the proposed rule is
National List. conservation.
essentially a notice of a technical
The consumer who commented on
correction since the prohibition on the For the reasons set forth in the
removing marsala and sherry wines
use of these two substances in organic preamble, 7 CFR part 205 is amended as
from the National List agreed with the
crop production is already in effect. follows:
proposed amendment to prohibit the The final rule that established the
use of these nonorganic ingredients in effective date of streptomycin’s PART 205—NATIONAL ORGANIC
foods labeled as organic. During their expiration date as listed in PROGRAM
sunset review of marsala and sherry, the § 205.601(i)(11) was published in the
NOSB did not receive comments Federal Register (77 FR 33290) on June ■ 1. The authority citation for 7 CFR
supporting the continued use of these 6, 2012. This final rule addressed part 205 continues to read as follows:
wines as nonorganic ingredients in comments received on the proposed Authority: 7 U.S.C. 6501–6522.
organic products. Additionally, since no rule to list streptomycin with an
comments were received opposing the expiration date, including comments in § 205.601 [Amended]
removal of marsala and sherry wines support of or in opposition to the
from the National List, AMS is ■ 2. Section 205.601 is amended by
expiration date. AMS also addressed removing paragraphs (i)(11) and (12).
finalizing these amendments as comments on commercially viable
proposed through this final rule. alternatives, including the efficacy of § 205.606 [Amended]
Additionally, the consumer who these alternatives, and addressed
supported the removal of marsala and ■ 3. Section 205.606 is amended by
additional factors considered by the
sherry wines also added that nonorganic removing paragraph (g) and
NOSB during their determination. Since
ingredients should not be used in redesignating paragraphs (h) through (z)
the prohibition against the use of
organic foods. AMS has considered this as (g) through (y).
streptomycin has been in effect since
comment. The USDA organic October 22, 2014, AMS is finalizing this Dated: December 8, 2015.
regulations, in § 205.301(b), requires correction as noted in the proposed rule. Rex A. Barnes,
that a raw or processed agricultural Organic producers who have Associate Administrator, Agricultural
product sold, labeled, or represented as determined that there are no Marketing Service.
‘‘organic’’ must contain not less than 95 commercially available alternatives to [FR Doc. 2015–31413 Filed 12–11–15; 8:45 am]
percent organically produced raw or streptomycin in controlling fire blight in BILLING CODE 3410–02–P
processed agricultural products. Any apples or pear production for their
remaining product ingredients must be region can submit a petition (http://
organically produced, unless not www.ams.usda.gov/rules-regulations/ DEPARTMENT OF TRANSPORTATION
commercially available in organic form, organic/national-list/filing-petition) to
or must be nonagricultural substances as add streptomycin back onto the Federal Aviation Administration
listed in § 205.605, or nonorganic National List.
agricultural products as listed in The final rule that established the 14 CFR Part 71
§ 205.606 on the National List. In effective date of tetracycline’s expiration
essence, the USDA organic regulations date as listed in § 205.601(i)(12) was [Docket No. FAA–2015–3321; Airspace
requires organic producers or organic Docket No. 15–ANM–17]
published in the Federal Register (77
handlers to maximize organic FR 45903) on August 2, 2012. This final Establishment of Class E Airspace,
ingredients before using nonorganic rule addressed comments received on Neah Bay, WA
nonagricultural or nonorganic the proposed rule to list tetracycline
agricultural that are included on the with an expiration date, including AGENCY: Federal Aviation
National List. comments in support of or in opposition Administration (FAA), DOT.
to the expiration date. AMS also ACTION: Final rule.
Changes Requested But Not Made
addressed comments on commercially
The commenter on the proposed viable alternatives, including the SUMMARY: This action establishes Class
removal of expired listings for efficacy of these alternatives, and E airspace at U. S. Coast Guard Station
streptomycin and tetracycline did not addressed additional factors considered Neah Bay Heliport, Neah Bay, WA, to
agree with this action and did not agree by the NOSB during their accommodate a new Standard
mstockstill on DSK4VPTVN1PROD with RULES
with the prohibition against the use of determination. Since the prohibition Instrument Approach Procedure
these antibiotics to control fire blight against the use of tetracycline has been developed at the heliport. Controlled
infestation in apple production. This in effect since October 22, 20014, AMS airspace is necessary for the safety and
commenter stated that the prohibition of is finalizing this correction as noted in management of Instrument Flight Rules
streptomycin and tetracycline for use in the proposed rule. Organic producers (IFR) operations at the heliport.
apple production has had a significant who have determined that there are no DATES: Effective 0901 UTC, February 4,
impact on organic apple growers in commercially available alternatives to 2016. The Director of the Federal
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![Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77235
Register approves this incorporation by proposal to the FAA. No comments Environmental Review
reference action under Title 1, Code of were received.
Federal Regulations, part 51, subject to The FAA has determined that this
Class E airspace designations are action qualifies for categorical exclusion
the annual revision of FAA Order published in paragraph 6005, of FAA
7400.9 and publication of conforming under the National Environmental
Order 7400.9Z, dated August 6, 2015, Policy Act in accordance with FAA
amendments. and effective September 15, 2015, which Order 1050.1F, ‘‘Environmental
ADDRESSES: FAA Order 7400.9Z, is incorporated by reference in 14 CFR Impacts: Policies and Procedures,’’
Airspace Designations and Reporting 71.1. The Class E airspace designation paragraph 311a. This airspace action is
Points, and subsequent amendments can listed in this document will be not expected to cause any potentially
be viewed online at http://www.faa.gov/ published subsequently in the Order. significant environmental impacts, and
air_traffic/publications/. For further no extraordinary circumstances exist
information, you can contact the Availability and Summary of
Documents for Incorporation by that warrant preparation of an
Airspace Policy and ATC Regulations environmental assessment.
Group, Federal Aviation Reference
Administration, 800 Independence Lists of Subjects in 14 CFR Part 71
This document amends FAA Order
Avenue SW., Washington, DC 29591;
7400.9Z, Airspace Designations and Airspace, Incorporation by reference,
telephone: 202–267–8783. The Order is
Reporting Points, dated August 6, 2015, Navigation (air).
also available for inspection at the
and effective September 15, 2015. FAA
National Archives and Records Adoption of the Amendment
Administration (NARA). For Order 7400.9Z is publicly available as
information on the availability of FAA listed in the ADDRESSES section of this In consideration of the foregoing, the
Order 7400.9Z at NARA, call 202–741– document. FAA Order 7400.9Z lists Federal Aviation Administration
6030, or go to http://www.archives.gov/ Class A, B, C, D, and E airspace areas, amends 14 CFR part 71 as follows:
federal_register/code_of_federal- air traffic service routes, and reporting
regulations/ibr_locations.html. points. PART 71—DESIGNATION OF CLASS A,
FAA Order 7400.9, Airspace B, C, D, AND E AIRSPACE AREAS; AIR
The Rule
Designations and Reporting Points, is TRAFFIC SERVICE ROUTES; AND
published yearly and effective on This amendment to Title 14, Code of REPORTING POINTS
September 15. Federal Regulations (14 CFR) part 71
FOR FURTHER INFORMATION CONTACT: establishes Class E airspace extending ■ 1. The authority citation for Part 71
Steve Haga, Federal Aviation upward from 700 feet above the surface continues to read as follows:
Administration, Operations Support at U.S. Coast Guard Station Neah Bay Authority: 49 U.S.C. 106(f), 106(g); 40103,
Group, Western Service Center, 1601 Heliport, Neah Bay, WA. Establishment 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Lind Avenue SW., Renton, WA, 98057; of a GPS approach has made this action 1959–1963 Comp., p. 389.
telephone (425) 203–4563. necessary for the safety and
SUPPLEMENTARY INFORMATION: management of IFR operations at the § 71.1 [Amended]
heliport. Class E airspace is established ■ 2. The incorporation by reference in
Authority for This Rulemaking
within a 1-mile radius of the U.S. Coast 14 CFR 71.1 of FAA Order 7400.9Z,
The FAA’s authority to issue rules Guard Station Neah Bay Heliport, with Airspace Designations and Reporting
regarding aviation safety is found in a segment extending from the 1-mile Points, dated August 6, 2015, and
Title 49 of the United States Code. radius to 2.5 miles northeast of the effective September 15, 2015, is
Subtitle I, Section 106 describes the heliport. amended as follows:
authority of the FAA Administrator.
Subtitle VII, Aviation Programs, Regulatory Notices and Analyses Paragraph 6005 Class E Airspace Areas
describes in more detail the scope of the Extending Upward From 700 Feet or More
The FAA has determined that this
agency’s authority. This rulemaking is Above the Surface of the Earth.
regulation only involves an established
promulgated under the authority * * * * *
described in Subtitle VII, Part A, body of technical regulations for which
Subpart I, Section 40103. Under that frequent and routine amendments are ANM WA E5 U.S. Coast Guard Station
section, the FAA is charged with necessary to keep them operationally Neah Bay Heliport, Neah Bay, WA [New]
prescribing regulations to assign the use current, is non-controversial and U.S. Coast Guard Station Neah Bay Heliport,
of airspace necessary to ensure the unlikely to result in adverse or negative WA
safety of aircraft and the efficient use of comments. It, therefore: (1) Is not a (Lat. 48°22′14″ N., long. 124°35′53″ W.)
airspace. This regulation is within the ‘‘significant regulatory action’’ under That airspace extending upward from 700
scope of that authority as it establishes Executive Order 12866; (2) is not a feet above the surface within a 1-mile radius
controlled airspace at Neah Bay, WA. ‘‘significant rule’’ under DOT of U.S. Coast Guard Station Neah Bay
Regulatory Policies and Procedures (44 Heliport, and within 1 mile each side of the
History FR 11034; February 26, 1979); and (3) 055° bearing from the heliport extending
On September 29, 2015, the FAA does not warrant preparation of a from the 1-mile radius to 2.5 miles northeast
published in the Federal Register a Regulatory Evaluation as the anticipated of the heliport.
notice of proposed rulemaking (NPRM) impact is so minimal. Since this is a
mstockstill on DSK4VPTVN1PROD with RULES
routine matter that only affects air traffic Issued in Seattle, Washington, on
to establish Class E airspace extending
procedures and air navigation, it is December 7, 2015.
upward from 700 feet above the surface
at U.S. Coast Guard Station Neah Bay certified that this rule, when Tracey Johnson,
Heliport, Neah Bay, WA (80 FR 58364). promulgated, does not have a significant Manager, Operations Support Group, Western
Interested parties were invited to economic impact on a substantial Service Center.
participate in this rulemaking effort by number of small entities under the [FR Doc. 2015–31274 Filed 12–11–15; 8:45 am]
submitting written comments on the criteria of the Regulatory Flexibility Act. BILLING CODE 4910–13–P
VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 9990 E:\FR\FM\14DER1.SGM 14DER1](https://thefederalregister.org/doc/80_FR_77473/page/2.svg)
Document Created: 2015-12-14 13:47:00
Document Modified: 2015-12-14 13:47:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective 0901 UTC, February 4, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. | |
| Contact | Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4563. | |
| FR Citation | 80 FR 77234 | |
| CFR Associated | Airspace; Incorporation by Reference and Navigation (air) |
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