81_FR_12047 81 FR 12002 - Amendment of Class D and Class E Airspace; Salem, OR

81 FR 12002 - Amendment of Class D and Class E Airspace; Salem, OR

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 45 (March 8, 2016)

Page Range12002-12004
FR Document2016-05060

This action modifies Class D airspace, Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface at McNary Field, Salem, OR. After further review, the FAA found some airspace unnecessary for Standard Instrument Approach Procedures during Instrument Flight Rules (IFR) operations at the airport. This action brings the controlled airspace into compliance with current FAA requirements, and adds to the safety and management of IFR operations at the airport.

Federal Register, Volume 81 Issue 45 (Tuesday, March 8, 2016) 
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Rules and Regulations]
[Pages 12002-12004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05060]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3751; Airspace Docket No. 15-ANM-20]


Amendment of Class D and Class E Airspace; Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class D airspace, Class E surface area 
airspace, and Class E airspace extending upward from 700 feet above the 
surface at McNary Field, Salem, OR. After further review, the FAA found 
some airspace unnecessary for Standard Instrument Approach Procedures 
during Instrument Flight Rules (IFR) operations at the airport. This 
action brings the controlled airspace into compliance with current FAA 
requirements, and adds to the safety and management of IFR operations 
at the airport.

DATES: Effective 0901 UTC, May 26, 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.

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 Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; 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 amends Class D and Class E airspace at McNary Field, Salem, OR.

History

    On September 21, 2015, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify Class D airspace, Class 
E surface area airspace, Class E airspace extending upward from 700 
feet above the surface at McNary Field, Salem, OR, (80 FR 56935). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. A 
total of 71 commenters responded to the NPRM. All comments received 
were considered before making a determination on this final rule.

Discussion of Comments

    Of the 71 responses received, 19 concerned the potential economic 
impact to Christmas tree farms in the area. The FAA concurs that 
approximately two thirds of the Christmas tree farming acreage could be 
adversely affected. To mitigate the concerns for the agricultural 
areas, the FAA is creating shelves in the Class D, where feasible, 
between 4 and 5 miles southeast and southwest of the airport.
    Many commenters made reference to the current airspace 
configuration. As the comments do not pertain to this proposal, no 
changes were required nor made. Twenty-four commenters requested the 
airspace to be changed to a configuration that existed prior to Aug 20, 
2015. The FAA does not agree; the airspace that existed prior to Aug 
20, 2015 did not protect the Instrument Flight Rule arrivals and 
departures or account for rising terrain.
    Many commenters referenced the lack of adherence to airspace design 
criteria and Safety Risk Management directives during the previous 
airspace development process. The FAA does not concur. A review of the 
design process and the results was completed for both the current and 
previous proposals. The FAA found that all criteria contained in FAA 
Order JO 7400.2, Procedures for Handling Airspace Matters; FAA Order JO 
8000.369, Safety Management System and the Administrative Procedures 
Act (5 U.S.C. 501 et seq.) were followed.
    Nineteen commenters referenced a lack of public input. The FAA 
conducted a review of the process and found that all public 
coordination was completed consistent with the process outlined in JO 
7400.2.
    Three commenters were concerned that users would not be aware of 
airspace changes. They recommended that future airspace changes occur 
congruently with VFR Sectional chart publication and that a Notice to 
Airman

[[Page 12003]]

(NOTAM) be used to identify pending changes. The FAA does not concur 
with publishing airspace changes congruent with the charting cycles; 
this could unnecessarily delay airspace changes six months to a year. 
Changes that become effective outside of the chart publication cycles 
are reflected in the Airport/Facilities Directory (A/FD), in the 
Aeronautical Chart Bulletin section. Pilots are required to consult the 
AF/D, prior to flying in a specific area, for information related to 
airspace changes that are pending. This publication is reviewed to 
ensure the potential airspace changes are published and accurate. For 
this proposal the FAA agrees to coordinate congruent effective and 
charting dates. Additionally, the FAA has modified its policies to 
allow a facility to post a Pointer NOTAM indicating the location of 
additional information for expanding airspace, to advise the aviation 
community of an airspace increase or altitude change that occurs 
outside of a sectional chart cycle.
    Several commenters stated that Salem air traffic control tower was 
not aware of the changes. The FAA does not agree with these comments, 
as the facility was directly involved in and concurred with, the 
previous and current proposals.

Changes From the NPRM

    The description of the Class D airspace area has been modified from 
that proposed in the NPRM. In light of public input, the FAA 
reevaluated the Class D design for McNary Field and incorporated 
shelves to facilitate access, into and out of the impacted Christmas 
Tree Farms, by commercial operators.
    Class D and Class E airspace designations are published in 
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.9Z, 
dated August 6, 2015, and effective September 15, 2015, which is 
incorporated by reference in 14 CFR part 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 modifies Class D airspace, Class E surface area airspace, and 
Class E airspace extending upward from 700 feet above the surface at 
McNary Field, Salem, OR. After further review, the FAA found some 
airspace unnecessary when implementing Standard Instrument Approach 
Procedures for Instrument Flight Rules (IFR) operations at the airport. 
Class D airspace is extended upward from the surface to and including 
2,700 feet within a 4-mile radius of McNary Field Airport, extending to 
5 miles from the east clockwise to the north, excluding segments below 
1,500 feet beyond 4 miles east and southwest of the airport. Class E 
surface area airspace extends upward from the surface within a 4-mile 
radius of McNary Field Airport, extending to 5 miles from the east 
clockwise to the north of the airport. Class E airspace extending 
upward from 700 feet above the surface is modified to within a 6.2-mile 
radius south to the northwest of McNary Field, with segments extending 
to 6.7 miles to the northeast, and 8.2 miles to the southeast of the 
airport.

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 5-6.5a. 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 5000 Class D Airspace.

* * * * *

ANM OR D Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

That airspace extending upward from the surface to and including 
2,700 feet within a 4-mile radius of McNary Field from the 330[deg] 
bearing from the airport clockwise to the 74[deg] bearing, extending 
to a 5-mile radius from the 74[deg] bearing clockwise to the 
330[deg] bearing from the airport, excluding that airspace below 
1,500 feet beyond 4 miles from the airport from the 74[deg] bearing 
clockwise to the 133[deg] bearing, and that airspace below 1,500 
feet beyond 4 miles from the airport from the 164[deg] bearing 
clockwise to the 254[deg] bearing from the airport. This Class D 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

That airspace extending upward from the surface within a 4-mile 
radius of McNary Field from the 330[deg] bearing from the airport 
clockwise to the 074[deg] bearing, and that airspace within a 5-mile 
radius of McNary Field from the 074[deg] bearing from the airport 
clockwise to the 330[deg] bearing.

[[Page 12004]]

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

* * * * *

ANM OR E5 Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

That airspace extending upward from 700 feet above the surface 
within a 6.2-mile radius of McNary Field from the 164[deg] bearing 
from the airport clockwise to the 315[deg] bearing, and that 
airspace within a 6.7-mile radius of McNary Field from the 315[deg] 
bearing from the airport clockwise to the 074[deg] bearing, and that 
airspace within a 8.2-mile radius of McNary Field from the 074[deg] 
bearing from the airport clockwise to the 164[deg] bearing of the 
airport.

    Issued in Seattle, Washington, on February 26, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-05060 Filed 3-7-16; 8:45 am]
 BILLING CODE 4910-13-P

12002 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations PART 71—DESIGNATION OF CLASS A, unnecessary for Standard Instrument History B, C, D, AND E AIRSPACE AREAS; AIR Approach Procedures during Instrument On September 21, 2015, the FAA TRAFFIC SERVICE ROUTES; AND Flight Rules (IFR) operations at the published in the Federal Register a REPORTING POINTS airport. This action brings the controlled notice of proposed rulemaking (NPRM) airspace into compliance with current to modify Class D airspace, Class E ■ 1. The authority citation for Part 71 FAA requirements, and adds to the surface area airspace, Class E airspace continues to read as follows: safety and management of IFR extending upward from 700 feet above Authority: 49 U.S.C. 106(f), 106(g); 40103, operations at the airport. the surface at McNary Field, Salem, OR, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DATES: Effective 0901 UTC, May 26, (80 FR 56935). Interested parties were 1959–1963 Comp., p. 389. 2016. The Director of the Federal invited to participate in this rulemaking § 71.1 [Amended] Register approves this incorporation by effort by submitting written comments reference action under Title 1, Code of on the proposal to the FAA. A total of ■ 2. The incorporation by reference in Federal Regulations, part 51, subject to 71 commenters responded to the NPRM. 14 CFR 71.1 of FAA Order 7400.9Z, the annual revision of FAA Order All comments received were considered Airspace Designations and Reporting 7400.9 and publication of conforming before making a determination on this Points, dated August 6, 2015, and amendments. final rule. effective September 15, 2015, is amended as follows: ADDRESSES: FAA Order 7400.9Z, Discussion of Comments Paragraph 5000 Class D Airspace. Airspace Designations and Reporting Of the 71 responses received, 19 * * * * * Points, and subsequent amendments can concerned the potential economic be viewed online at http://www.faa.gov/ impact to Christmas tree farms in the ANM WA E5 Willapa Harbor Heliport, air_traffic/publications/. For further area. The FAA concurs that South Bend, WA [New] information, you can contact the approximately two thirds of the Willapa Harbor Heliport, WA Airspace Policy Group, Federal Aviation Christmas tree farming acreage could be (Lat. 46°39′47″ N., long. 123°48′44″ W.) Administration, 800 Independence adversely affected. To mitigate the That airspace extending upward from 700 Avenue SW., Washington, DC 20591; concerns for the agricultural areas, the feet above the surface within a 1.8-mile telephone: 202–267–8783. The Order is FAA is creating shelves in the Class D, radius of Willapa Harbor Heliport, and that also available for inspection at the airspace bounded by a line beginning at a where feasible, between 4 and 5 miles National Archives and Records southeast and southwest of the airport. point where the Willapa Harbor 278° bearing intersects the Willapa Harbor 1.8-mile radius, Administration (NARA). For Many commenters made reference to thence northwest to lat. 46°42′26″ N., long. information on the availability of FAA the current airspace configuration. As 123°55′39″ W.; to lat. 46°45′28″ N., long. Order 7400.9Z at NARA, call 202–741– the comments do not pertain to this 123°52′46″ W.; to lat. 46°43′55″ N., long. 6030, or go to http://www.archives.gov/ proposal, no changes were required nor 123°48′46″ W.; to lat. 46°41′18″ N., long. federal_register/code_of_federal- made. Twenty-four commenters 123°46′14″ W.; to a point where the Willapa regulations/ibr_locations.html. requested the airspace to be changed to Harbor 98° bearing intersects the Willapa FAA Order 7400.9, Airspace a configuration that existed prior to Aug Harbor 1.8-mile radius, thence clockwise along the 1.8-mile radius to the point of Designations and Reporting Points, is 20, 2015. The FAA does not agree; the beginning. published yearly and effective on airspace that existed prior to Aug 20, September 15. 2015 did not protect the Instrument Issued in Seattle, Washington, on February Flight Rule arrivals and departures or 26, 2016. FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation account for rising terrain. Christopher Ramirez, Many commenters referenced the lack Acting Manager, Operations Support Group, Administration, Operations Support of adherence to airspace design criteria Western Service Center. Group, Western Service Center, 1601 and Safety Risk Management directives [FR Doc. 2016–05059 Filed 3–7–16; 8:45 am] Lind Avenue SW., Renton, WA 98057; during the previous airspace telephone (425) 203–4563. BILLING CODE 4910–13–P development process. The FAA does not SUPPLEMENTARY INFORMATION: concur. A review of the design process Authority for This Rulemaking and the results was completed for both DEPARTMENT OF TRANSPORTATION the current and previous proposals. The The FAA’s authority to issue rules FAA found that all criteria contained in Federal Aviation Administration regarding aviation safety is found in FAA Order JO 7400.2, Procedures for Title 49 of the United States Code. Handling Airspace Matters; FAA Order 14 CFR Part 71 Subtitle I, Section 106 describes the JO 8000.369, Safety Management [Docket No. FAA–2015–3751; Airspace authority of the FAA Administrator. System and the Administrative Docket No. 15–ANM–20] Subtitle VII, Aviation Programs, Procedures Act (5 U.S.C. 501 et seq.) describes in more detail the scope of the were followed. Amendment of Class D and Class E agency’s authority. This rulemaking is Nineteen commenters referenced a Airspace; Salem, OR promulgated under the authority lack of public input. The FAA AGENCY: Federal Aviation described in Subtitle VII, Part A, conducted a review of the process and Administration (FAA), DOT. Subpart I, Section 40103. Under that found that all public coordination was asabaliauskas on DSK3SPTVN1PROD with RULES ACTION: Final rule. section, the FAA is charged with completed consistent with the process prescribing regulations to assign the use outlined in JO 7400.2. SUMMARY: This action modifies Class D of airspace necessary to ensure the Three commenters were concerned airspace, Class E surface area airspace, safety of aircraft and the efficient use of that users would not be aware of and Class E airspace extending upward airspace. This regulation is within the airspace changes. They recommended from 700 feet above the surface at scope of that authority as it amends that future airspace changes occur McNary Field, Salem, OR. After further Class D and Class E airspace at McNary congruently with VFR Sectional chart review, the FAA found some airspace Field, Salem, OR. publication and that a Notice to Airman VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations 12003 (NOTAM) be used to identify pending The Rule no extraordinary circumstances exist changes. The FAA does not concur with This amendment to Title 14, Code of that warrant preparation of an publishing airspace changes congruent Federal Regulations (14 CFR) part 71 environmental assessment. with the charting cycles; this could modifies Class D airspace, Class E Lists of Subjects in 14 CFR Part 71 unnecessarily delay airspace changes surface area airspace, and Class E six months to a year. Changes that airspace extending upward from 700 Airspace, Incorporation by reference, become effective outside of the chart feet above the surface at McNary Field, Navigation (air). publication cycles are reflected in the Salem, OR. After further review, the Airport/Facilities Directory (A/FD), in Adoption of the Amendment FAA found some airspace unnecessary the Aeronautical Chart Bulletin section. when implementing Standard In consideration of the foregoing, the Pilots are required to consult the AF/D, Instrument Approach Procedures for Federal Aviation Administration prior to flying in a specific area, for Instrument Flight Rules (IFR) operations amends 14 CFR part 71 as follows: information related to airspace changes at the airport. Class D airspace is that are pending. This publication is extended upward from the surface to PART 71—DESIGNATION OF CLASS A, reviewed to ensure the potential and including 2,700 feet within a 4-mile B, C, D, AND E AIRSPACE AREAS; AIR airspace changes are published and radius of McNary Field Airport, TRAFFIC SERVICE ROUTES; AND accurate. For this proposal the FAA extending to 5 miles from the east REPORTING POINTS agrees to coordinate congruent effective clockwise to the north, excluding and charting dates. Additionally, the segments below 1,500 feet beyond 4 ■ 1. The authority citation for Part 71 FAA has modified its policies to allow miles east and southwest of the airport. continues to read as follows: a facility to post a Pointer NOTAM Class E surface area airspace extends Authority: 49 U.S.C. 106(f), 106(g); 40103, indicating the location of additional upward from the surface within a 4-mile 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, information for expanding airspace, to radius of McNary Field Airport, 1959–1963 Comp., p. 389. advise the aviation community of an extending to 5 miles from the east airspace increase or altitude change that clockwise to the north of the airport. § 71.1 [Amended] occurs outside of a sectional chart cycle. Class E airspace extending upward from ■ 2. The incorporation by reference in Several commenters stated that Salem 700 feet above the surface is modified to 14 CFR 71.1 of FAA Order 7400.9Z, air traffic control tower was not aware within a 6.2-mile radius south to the Airspace Designations and Reporting northwest of McNary Field, with of the changes. The FAA does not agree Points, dated August 6, 2015, and segments extending to 6.7 miles to the with these comments, as the facility was effective September 15, 2015, is northeast, and 8.2 miles to the southeast directly involved in and concurred amended as follows: of the airport. with, the previous and current Paragraph 5000 Class D Airspace. proposals. Regulatory Notices and Analyses * * * * * Changes From the NPRM The FAA has determined that this ANM OR D Salem, OR [Modified] regulation only involves an established The description of the Class D body of technical regulations for which Salem, McNary Field, OR airspace area has been modified from frequent and routine amendments are (Lat. 44°54′34″ N., long. 123°00′09″ W.) that proposed in the NPRM. In light of necessary to keep them operationally That airspace extending upward from the public input, the FAA reevaluated the current, is non-controversial and surface to and including 2,700 feet within a Class D design for McNary Field and unlikely to result in adverse or negative 4-mile radius of McNary Field from the 330° bearing from the airport clockwise to the 74° incorporated shelves to facilitate access, comments. It, therefore: (1) Is not a bearing, extending to a 5-mile radius from the into and out of the impacted Christmas ‘‘significant regulatory action’’ under 74° bearing clockwise to the 330° bearing Tree Farms, by commercial operators. Executive Order 12866; (2) is not a from the airport, excluding that airspace Class D and Class E airspace ‘‘significant rule’’ under DOT below 1,500 feet beyond 4 miles from the designations are published in paragraph Regulatory Policies and Procedures (44 airport from the 74° bearing clockwise to the 5000, 6002, and 6005, respectively, of FR 11034; February 26, 1979); and (3) 133° bearing, and that airspace below 1,500 does not warrant preparation of a feet beyond 4 miles from the airport from the FAA Order 7400.9Z, dated August 6, 164° bearing clockwise to the 254° bearing 2015, and effective September 15, 2015, Regulatory Evaluation as the anticipated impact is so minimal. Since this is a from the airport. This Class D airspace area which is incorporated by reference in 14 is effective during the specific dates and routine matter that only affects air traffic CFR part 71.1. The Class E airspace times established in advance by a Notice to procedures and air navigation, it is designation listed in this document will Airmen. The effective date and time will certified that this rule, when thereafter be continuously published in the be published subsequently in the Order. promulgated, does not have a significant Airport/Facility Directory. Availability and Summary of economic impact on a substantial Documents for Incorporation by number of small entities under the Paragraph 6002 Class E Airspace Designated as Surface Areas. Reference criteria of the Regulatory Flexibility Act. * * * * * This document amends FAA Order Environmental Review ANM OR E2 Salem, OR [Modified] 7400.9Z, Airspace Designations and The FAA has determined that this Salem, McNary Field, OR asabaliauskas on DSK3SPTVN1PROD with RULES Reporting Points, dated August 6, 2015, action qualifies for categorical exclusion (Lat. 44°54′34″ N., long. 123°00′09″ W.) and effective September 15, 2015. FAA under the National Environmental Order 7400.9Z is publicly available as That airspace extending upward from the Policy Act in accordance with FAA surface within a 4-mile radius of McNary listed in the ADDRESSES section of this Order 1050.1F, ‘‘Environmental Field from the 330° bearing from the airport document. FAA Order 7400.9Z lists Impacts: Policies and Procedures,’’ clockwise to the 074° bearing, and that Class A, B, C, D, and E airspace areas, paragraph 5–6.5a. This airspace action airspace within a 5-mile radius of McNary air traffic service routes, and reporting is not expected to cause any potentially Field from the 074° bearing from the airport points. significant environmental impacts, and clockwise to the 330° bearing. VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1

12004 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations Paragraph 6005 Class E Airspace Areas being or becoming involved, in the Entity List under the destination of Extending Upward From 700 Feet or More activities contrary to the national China for actions contrary to the Above the Surface of the Earth. security or foreign policy interests of the national security and foreign policy * * * * * United States. The EAR imposes interests of the United States. ANM OR E5 Salem, OR [Modified] additional licensing requirements on, Specifically, the ZTE Corporation and limits the availability of most document ‘‘Report Regarding Salem, McNary Field, OR (Lat. 44°54′34″ N., long. 123°00′09″ W.) license exceptions for, exports, Comprehensive Reorganization and reexports, and transfers (in-country) to Standardization of the Company Export That airspace extending upward from 700 feet above the surface within a 6.2-mile those listed. The ‘‘license review Control Related Matters’’ (available at radius of McNary Field from the 164° bearing policy’’ for each listed entity or other http://www.bis.doc.gov) indicates that from the airport clockwise to the 315° person is identified in the License ZTE Corporation has reexported bearing, and that airspace within a 6.7-mile Review Policy column on the Entity List controlled items to sanctioned countries radius of McNary Field from the 315° bearing and the impact on the availability of contrary to United States law. The ZTE from the airport clockwise to the 074° license exceptions is described in the Corporation document ‘‘Proposal for bearing, and that airspace within a 8.2-mile Federal Register notice adding entities Import and Export Control Risk radius of McNary Field from the 074° bearing or other persons to the Entity List. BIS Avoidance’’ (available at http:// from the airport clockwise to the 164° bearing places entities and other persons on the www.bis.doc.gov) describes how ZTE of the airport. Entity List pursuant to sections of part Corporation also planned and organized Issued in Seattle, Washington, on February 744 (Control Policy: End-User and End- a scheme to establish, control, and use 26, 2016. Use Based) and part 746 (Embargoes and a series of ‘‘detached’’ (i.e., shell) Tracey Johnson, Other Special Controls) of the EAR. companies to illicitly reexport Manager, Operations Support Group, Western The ERC, composed of representatives controlled items to Iran in violation of Service Center. of the Departments of Commerce U.S. export control laws. [FR Doc. 2016–05060 Filed 3–7–16; 8:45 am] (Chair), State, Defense, Energy, and, Pursuant to § 744.11 of the EAR, the BILLING CODE 4910–13–P where appropriate, the Treasury, ERC determined that three entities determines all additions to, removals located in China and one in Iran should from, and other modifications to the be added to the Entity List for actions DEPARTMENT OF COMMERCE Entity List. The ERC makes decisions to contrary to the national security or add an entry to the Entity List by foreign policy interests of the United Bureau of Industry and Security majority vote and decisions to remove States. Specifically, the following three or modify an entry by unanimous vote. entities (in addition to ZTE Corporation) 15 CFR Part 744 were identified in the scheme ERC Entity List Decisions developed by ZTE Corporation to [Docket No. 160106014–6014–01] Additions to the Entity List reexport controlled items to Iran RIN 0694–AG82 This rule implements the decision of contrary to United States law, as the ERC to add four entities—three in detailed in the ZTE Corporation Additions to the Entity List China and one in Iran—to the Entity List document ‘‘Proposal for Import and under the authority of § 744.11 (License Export Control Risk Avoidance,’’ AGENCY: Bureau of Industry and referenced above and available on the Security, Commerce. requirements that apply to entities acting contrary to the national security BIS Web site: ACTION: Final rule. or foreign policy interests of the United (a) ZTE Kangxun Telecommunications Ltd. States) of the EAR. is named in the ZTE Corporation document SUMMARY: This rule amends the Export The ERC reviewed § 744.11(b) ‘‘Proposal for Import and Export Control Risk Administration Regulations (EAR) by Avoidance.’’ This entity was designated by adding four entities to the Entity List. (Criteria for revising the Entity List) in ZTE Corporation to purchase controlled The U.S. Government has determined making the determination to list these items and provide them to a Chinese that the four entities are acting contrary four entities. Under that paragraph, intermediary trading company for reexport to to the national security or foreign policy entities and other persons for which Iran. interests of the United States. The four there is reasonable cause to believe, (b) Beijing 8-Star, identified as ‘‘8S’’ is entities will be listed on the Entity List based on specific and articulable facts, described in the ZTE Corporation document under the destinations of People’s have been involved, are involved, or ‘‘Proposal for Import and Export Control Risk pose a significant risk of being or Avoidance.’’ This entity was designated by Republic of China (China) and Iran. becoming involved in, activities that are ZTE Corporation to sign contracts with DATES: This rule is effective March 8, Iranian clients, make purchases of controlled contrary to the national security or 2016. items, and reexport the items from China to foreign policy interests of the United Iran. FOR FURTHER INFORMATION CONTACT: States, and those acting on behalf of (c) ZTE Parsian is identified as ‘‘ZTE YL’’ Chair, End-User Review Committee, such persons, may be added to the in the ZTE Corporation document ‘‘Proposal Office of the Assistant Secretary, Export Entity List. Paragraphs (b)(1) through (5) for Import and Export Control Risk Administration, Bureau of Industry and of § 744.11 set out an illustrative list of Avoidance.’’ This entity was designated by Security, Department of Commerce, activities that could be contrary to the ZTE Corporation to facilitate the illicit Phone: (202) 482–5991, Fax: (202) 482– national security or foreign policy reexport scheme by providing contracted asabaliauskas on DSK3SPTVN1PROD with RULES 3911, Email: ERC@bis.doc.gov. interests of the United States. engineering services to ZTE client(s) in Iran Pursuant to § 744.11 of the EAR, the receiving the controlled items. SUPPLEMENTARY INFORMATION: ERC determined that Zhongxing Pursuant to § 744.11(b)(5) of the EAR, Background Telecommunications Equipment the ERC determined that the conduct of The Entity List (Supplement No. 4 to Corporation (‘‘ZTE Corporation’’), these four entities raises sufficient Part 744) identifies entities and other located at ZTE Plaza, Keji Road South, concern that the prior review of exports, persons reasonably believed to be Hi-Tech Industrial Park, Nenshan reexports, and transfers (in-country) of involved, or to pose a significant risk of District, Shenzhen, China, be added to items subject to the EAR involving these VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1


Document Created: 2018-02-02 15:09:55
Document Modified: 2018-02-02 15:09:55
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
ActionFinal rule.
DatesEffective 0901 UTC, May 26, 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.
ContactSteve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.
FR Citation81 FR 12002 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
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