81_FR_83975 81 FR 83750 - Proposed Establishment of Class E Airspace; Kill Devil Hills, NC

81 FR 83750 - Proposed Establishment of Class E Airspace; Kill Devil Hills, NC

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 225 (November 22, 2016)

Page Range83750-83752
FR Document2016-27859

This action proposes to establish Class E airspace at Kill Devil Hills, NC, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving First Flight Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport.

Federal Register, Volume 81 Issue 225 (Tuesday, November 22, 2016)
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Proposed Rules]
[Pages 83750-83752]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27859]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9266; Airspace Docket No. 16-ASO-5]


Proposed Establishment of Class E Airspace; Kill Devil Hills, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Kill 
Devil Hills, NC, to accommodate new Area Navigation (RNAV) Global 
Positioning System (GPS) Standard Instrument Approach Procedures 
(SIAPs) serving First Flight Airport. Controlled airspace is necessary 
for the safety and management of instrument flight rules (IFR) 
operations at the heliport.

DATES: Comments must be received on or before January 6, 2017.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Bldg Ground Floor, Rm W12-140, Washington, DC 20590; Telephone: 1-800-
647-5527, or 202-647-9826.You must identify the Docket No. FAA-2016-
9266; Airspace Docket No. 16-ASO-5, at the beginning of your comments. 
You may also submit and review received comments through the Internet 
at http://www.regulations.gov. You may review the public docket 
containing the proposal, any comments received, and any final 
disposition in person in the Dockets Office between 9:00 a.m. and 5:00 
p.m., Monday through Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed on line 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 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

[[Page 83751]]


FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

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 proposed 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 would establish Class E airspace at First Flight 
Airport, Kill Devil Hills, NC.

Comments Invited

    Interested persons are invited to comment on this proposed rule by 
submitting such written data, views, or arguments, as they may desire. 
Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in developing reasoned 
regulatory decisions on the proposal. Comments are specifically invited 
on the overall regulatory, aeronautical, economic, environmental, and 
energy-related aspects of the proposal.
    Communications should identify both docket numbers and be submitted 
in triplicate to the address listed above. You may also submit comments 
through the Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on 
this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to Docket 
No. FAA-2016-9266; Airspace Docket No. 16-ASO-5.'' The postcard will be 
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
Holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except Federal Holidays at the office 
of the Eastern Service Center, Federal Aviation Administration, Room 
350, 1701 Columbia Avenue, College Park, Georgia 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace 
Designations and Reporting Points, dated August 3, 2016, and effective 
September 15, 2016. FAA Order 7400.11A is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11A lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to establish Class E airspace at Kill 
Devil Hills, NC, providing the controlled airspace required to support 
the new RNAV (GPS) standard instrument approach procedures for First 
Flight Airport. Controlled airspace extending upward from 700 feet 
above the surface within a 6.5-mile radius of the airport would be 
established for IFR operations.
    Class E airspace designations are published in Paragraph 6005 of 
FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 
2016, 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.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal would be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, 
effective September 15, 2016, is amended as follows:

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

* * * * *

ASO NC E5 Kill Devil Hills, NC [New]

First Flight Airport, NC
    (Lat. 36[deg]1'3'' N., long. 75[deg]40'18'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of First Flight Airport.


[[Page 83752]]


    Issued in College Park, Georgia, on November 7, 2016.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2016-27859 Filed 11-21-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                  83750               Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Proposed Rules

                                                  Designations and Reporting Points,                      List of Subjects in 14 CFR Part 71                      DEPARTMENT OF TRANSPORTATION
                                                  dated August 3, 2016, and effective
                                                  September 15, 2016. FAA Order                            Airspace, Incorporation by reference,                  Federal Aviation Administration
                                                  7400.11A is publicly available as listed                Navigation (air).
                                                  in the ADDRESSES section of this                        The Proposed Amendment                                  14 CFR Part 71
                                                  document. FAA Order 7400.11A lists
                                                  Class A, B, C, D, and E airspace areas,                                                                         [Docket No. FAA–2016–9266; Airspace
                                                                                                            Accordingly, pursuant to the                          Docket No. 16–ASO–5]
                                                  air traffic service routes, and reporting               authority delegated to me, the Federal
                                                  points.                                                 Aviation Administration proposes to                     Proposed Establishment of Class E
                                                  The Proposal                                            amend 14 CFR part 71 as follows:                        Airspace; Kill Devil Hills, NC
                                                     The FAA is proposing an amendment                    PART 71—DESIGNATION OF CLASS A,                         AGENCY: Federal Aviation
                                                  to Title 14 Code of Federal Regulations                 B, C, D, AND E AIRSPACE AREAS; AIR                      Administration (FAA), DOT.
                                                  (14 CFR) Part 71 by establishing Class E                TRAFFIC SERVICE ROUTES; AND                             ACTION: Notice of proposed rulemaking
                                                  airspace extending upward from 700                                                                              (NPRM).
                                                                                                          REPORTING POINTS
                                                  feet above the surface at Manti-Ephraim
                                                  Airport, Manti, UT. Class E airspace                                                                            SUMMARY:   This action proposes to
                                                  would be established within a 4-mile                    ■ 1. The authority citation for 14 CFR
                                                                                                                                                                  establish Class E airspace at Kill Devil
                                                  radius of the Manti-Ephraim Airport,                    part 71 continues to read as follows:
                                                                                                                                                                  Hills, NC, to accommodate new Area
                                                  with segments extending from the 4-                       Authority: 49 U.S.C. 106(f), 106(g), 40103,           Navigation (RNAV) Global Positioning
                                                  mile radius to 11 miles southwest of the                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            System (GPS) Standard Instrument
                                                  airport, and 7.2 miles northeast of the                 1959–1963 Comp., p. 389.                                Approach Procedures (SIAPs) serving
                                                  airport. This airspace is necessary to                                                                          First Flight Airport. Controlled airspace
                                                  support the development of IFR                          § 71.1       [Amended]
                                                                                                                                                                  is necessary for the safety and
                                                  operations in standard instrument                       ■ 2. The incorporation by reference in                  management of instrument flight rules
                                                  approach and departure procedures at                    14 CFR 71.1 of FAA Order 7400.11A,                      (IFR) operations at the heliport.
                                                  the airport.                                                                                                    DATES: Comments must be received on
                                                     Class E airspace designations are                    Airspace Designations and Reporting
                                                                                                          Points, dated August 3, 2016, and                       or before January 6, 2017.
                                                  published in paragraph 6005 of FAA
                                                                                                          effective September 15, 2016, is                        ADDRESSES: Send comments on this rule
                                                  Order 7400.11A, dated August 3, 2016,
                                                  and effective September 15, 2016, which                 amended as follows:                                     to: U.S. Department of Transportation,
                                                  is incorporated by reference in 14 CFR                                                                          Docket Operations, 1200 New Jersey
                                                                                                          Paragraph 6005: Class E Airspace Areas
                                                  71.1. The Class E airspace designations                                                                         Avenue SE., West Bldg Ground Floor,
                                                                                                          Extending Upward From 700 Feet or More
                                                  listed in this document will be                         Above the Surface of the Earth:
                                                                                                                                                                  Rm W12–140, Washington, DC 20590;
                                                  published subsequently in the Order.                                                                            Telephone: 1–800–647–5527, or 202–
                                                                                                          *        *      *      *       *                        647–9826.You must identify the Docket
                                                  Regulatory Notices and Analyses                         ANM UT E5           Manti, UT [New]                     No. FAA–2016–9266; Airspace Docket
                                                     The FAA has determined that this                                                                             No. 16–ASO–5, at the beginning of your
                                                                                                          Manti-Ephraim Airport, Utah
                                                  regulation only involves an established                                                                         comments. You may also submit and
                                                                                                             (Lat. 39°19′53″ N., long. 111°36′45″ W.)
                                                  body of technical regulations for which                                                                         review received comments through the
                                                                                                             That airspace extending upward from 700              Internet at http://www.regulations.gov.
                                                  frequent and routine amendments are                     feet above the surface within a 4-mile radius
                                                  necessary to keep them operationally                                                                            You may review the public docket
                                                                                                          of Manti-Ephraim Airport, and that airspace             containing the proposal, any comments
                                                  current, is non-controversial and                       2 miles either side of the airport 225° bearing
                                                  unlikely to result in adverse or negative                                                                       received, and any final disposition in
                                                                                                          extending from the 4-mile radius to 11 miles
                                                  comments. It, therefore: (1) Is not a                                                                           person in the Dockets Office between
                                                                                                          southwest of the airport, and 1.8 miles east
                                                  ‘‘significant regulatory action’’ under                                                                         9:00 a.m. and 5:00 p.m., Monday
                                                                                                          of the line beginning at lat. 39°17′50″ N.,
                                                  Executive Order 12866; (2) is not a                                                                             through Friday, except Federal holidays.
                                                                                                          long. 111°39′27″ W., to lat. 39°14′35″ N.,
                                                  ‘‘significant rule’’ under DOT                                                                                     FAA Order 7400.11A, Airspace
                                                                                                          long. 111°41′06″ W., and that airspace
                                                  Regulatory Policies and Procedures (44                                                                          Designations and Reporting Points, and
                                                                                                          beginning at the point where the 065° bearing
                                                  FR 11034; February 26, 1979); and (3)                   from the airport intersects the 4-mile radius
                                                                                                                                                                  subsequent amendments can be viewed
                                                  does not warrant preparation of a                       to lat. 39°26′34″ N., long. 111°31′41″ W., to
                                                                                                                                                                  on line at http://www.faa.gov/air_
                                                  regulatory evaluation as the anticipated                lat. 39°26′54″ N., long. 111°36′20″ W., to the
                                                                                                                                                                  traffic/publications/. For further
                                                  impact is so minimal. Since this is a                   point where the 001° bearing from the airport           information, you can contact the
                                                  routine matter that will only affect air                intersects the 4-mile radius, thence clockwise          Airspace Policy Group, Federal Aviation
                                                  traffic procedures and air navigation, it               along the 4-mile radius to the point of                 Administration, 800 Independence
                                                  is certified that this rule, when                       beginning.                                              Avenue SW., Washington, DC 20591;
                                                  promulgated, would not have a                                                                                   telephone: 202–267–8783. The Order is
                                                                                                            Issued in Seattle, Washington, on                     also available for inspection at the
                                                  significant economic impact on a
                                                                                                          November 8, 2016.                                       National Archives and Records
                                                  substantial number of small entities
                                                  under the criteria of the Regulatory                    Tracey Johnson,                                         Administration (NARA). For
                                                                                                          Manager, Operations Support Group, Western              information on the availability of FAA
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Flexibility Act.
                                                                                                          Service Center.                                         Order 7400.11A at NARA, call 202–741–
                                                  Environmental Review                                    [FR Doc. 2016–27858 Filed 11–21–16; 8:45 am]            6030, or go to http://www.archives.gov/
                                                     This proposal will be subject to an                  BILLING CODE 4910–13–P                                  federal_register/code_of_federal-
                                                  environmental analysis in accordance                                                                            regulations/ibr_locations.html.
                                                  with FAA Order 1050.1F,                                                                                            FAA Order 7400.11, Airspace
                                                  ‘‘Environmental Impacts: Policies and                                                                           Designations and Reporting Points, is
                                                  Procedures’’ prior to any FAA final                                                                             published yearly and effective on
                                                  regulatory action.                                                                                              September 15.


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                                                                      Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Proposed Rules                                                 83751

                                                  FOR FURTHER INFORMATION CONTACT:    John                Availability of NPRMs                                 keep them operationally current. It,
                                                  Fornito, Operations Support Group,                         An electronic copy of this document                therefore: (1) Is not a ‘‘significant
                                                  Eastern Service Center, Federal Aviation                may be downloaded through the                         regulatory action’’ under Executive
                                                  Administration, P.O. Box 20636,                         internet at http://www.regulations.gov.               Order 12866; (2) is not a ‘‘significant
                                                  Atlanta, Georgia 30320; telephone (404)                 Recently published rulemaking                         rule’’ under DOT Regulatory Policies
                                                  305–6364.                                               documents can also be accessed through                and Procedures (44 FR 11034; February
                                                  SUPPLEMENTARY INFORMATION:                              the FAA’s Web page at http://                         26, 1979); and (3) does not warrant
                                                  Authority for This Rulemaking                           www.faa.gov/air_traffic/publications/                 preparation of a Regulatory Evaluation
                                                                                                          airspace_amendments/.                                 as the anticipated impact is so minimal.
                                                    The FAA’s authority to issue rules                       You may review the public docket                   Since this is a routine matter that will
                                                  regarding aviation safety is found in                   containing the proposal, any comments
                                                  Title 49 of the United States Code.                                                                           only affect air traffic procedures and air
                                                                                                          received, and any final disposition in                navigation, it is certified that this
                                                  Subtitle I, Section 106 describes the                   person in the Dockets Office (see the
                                                  authority of the FAA Administrator.                                                                           proposed rule, when promulgated, will
                                                                                                          ADDRESSES section for address and
                                                  Subtitle VII, Aviation Programs,                                                                              not have a significant economic impact
                                                                                                          phone number) between 9:00 a.m. and                   on a substantial number of small entities
                                                  describes in more detail the scope of the               5:00 p.m., Monday through Friday,
                                                  agency’s authority. This proposed                                                                             under the criteria of the Regulatory
                                                                                                          except Federal Holidays. An informal
                                                  rulemaking is promulgated under the                     docket may also be examined between                   Flexibility Act.
                                                  authority described in Subtitle VII, Part,              8:00 a.m. and 4:30 p.m., Monday                       Environmental Review
                                                  A, Subpart I, Section 40103. Under that                 through Friday, except Federal Holidays
                                                  section, the FAA is charged with                        at the office of the Eastern Service                     This proposal would be subject to an
                                                  prescribing regulations to assign the use               Center, Federal Aviation                              environmental analysis in accordance
                                                  of airspace necessary to ensure the                     Administration, Room 350, 1701                        with FAA Order 1050.1F,
                                                  safety of aircraft and the efficient use of             Columbia Avenue, College Park, Georgia                ‘‘Environmental Impacts: Policies and
                                                  airspace. This regulation is within the                 30337.                                                Procedures’’ prior to any FAA final
                                                  scope of that authority as it would                                                                           regulatory action.
                                                  establish Class E airspace at First Flight              Availability and Summary of
                                                  Airport, Kill Devil Hills, NC.                          Documents for Incorporation by                        Lists of Subjects in 14 CFR Part 71
                                                                                                          Reference
                                                  Comments Invited                                                                                               Airspace, Incorporation by reference,
                                                                                                            This document proposes to amend
                                                     Interested persons are invited to                    FAA Order 7400.11A, Airspace                          Navigation (air).
                                                  comment on this proposed rule by                        Designations and Reporting Points,
                                                  submitting such written data, views, or                                                                       The Proposed Amendment
                                                                                                          dated August 3, 2016, and effective
                                                  arguments, as they may desire.                          September 15, 2016. FAA Order                           In consideration of the foregoing, the
                                                  Comments that provide the factual basis                 7400.11A is publicly available as listed              Federal Aviation Administration
                                                  supporting the views and suggestions                    in the ADDRESSES section of this                      proposes to amend 14 CFR part 71 as
                                                  presented are particularly helpful in                   document. FAA Order 7400.11A lists                    follows:
                                                  developing reasoned regulatory                          Class A, B, C, D, and E airspace areas,
                                                  decisions on the proposal. Comments                     air traffic service routes, and reporting             PART 71—DESIGNATION OF CLASS A,
                                                  are specifically invited on the overall                 points.                                               B, C, D, AND E AIRSPACE AREAS; AIR
                                                  regulatory, aeronautical, economic,                                                                           TRAFFIC SERVICE ROUTES; AND
                                                  environmental, and energy-related                       The Proposal
                                                                                                                                                                REPORTING POINTS
                                                  aspects of the proposal.                                   The FAA is considering an
                                                     Communications should identify both                  amendment to Title 14, Code of Federal
                                                  docket numbers and be submitted in                                                                            ■ 1. The authority citation for Part 71
                                                                                                          Regulations (14 CFR) part 71 to establish
                                                  triplicate to the address listed above.                                                                       continues to read as follows:
                                                                                                          Class E airspace at Kill Devil Hills, NC,
                                                  You may also submit comments through                    providing the controlled airspace                       Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                  the Internet at http://                                 required to support the new RNAV                      40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                  www.regulations.gov.                                    (GPS) standard instrument approach                    1959–1963 Comp., p. 389.
                                                     Persons wishing the FAA to                           procedures for First Flight Airport.
                                                  acknowledge receipt of their comments                                                                         § 71.1       [Amended]
                                                                                                          Controlled airspace extending upward
                                                  on this action must submit with those                   from 700 feet above the surface within                ■ 2. The incorporation by reference in
                                                  comments a self-addressed stamped                       a 6.5-mile radius of the airport would be             14 CFR 71.1 of FAA Order 7400.11A,
                                                  postcard on which the following                         established for IFR operations.                       Airspace Designations and Reporting
                                                  statement is made: ‘‘Comments to                           Class E airspace designations are                  Points, dated August 3, 2016, effective
                                                  Docket No. FAA–2016–9266; Airspace                      published in Paragraph 6005 of FAA                    September 15, 2016, is amended as
                                                  Docket No. 16–ASO–5.’’ The postcard                     Order 7400.11A, dated August 3, 2016,                 follows:
                                                  will be date/time stamped and returned                  and effective September 15, 2016, which
                                                  to the commenter.                                       is incorporated by reference in 14 CFR                Paragraph 6005. Class E Airspace Areas
                                                     All communications received before                   71.1. The Class E airspace designation                Extending Upward From 700 Feet or More
                                                  the specified closing date for comments                                                                       Above the Surface of the Earth.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          listed in this document will be
                                                  will be considered before taking action                 published subsequently in the Order.                  *        *      *    *      *
                                                  on the proposed rule. The proposal
                                                  contained in this notice may be changed                 Regulatory Notices and Analyses                       ASO NC E5        Kill Devil Hills, NC [New]
                                                  in light of the comments received. A                      The FAA has determined that this                    First Flight Airport, NC
                                                  report summarizing each substantive                     proposed regulation only involves an                    (Lat. 36°1′3″ N., long. 75°40′18″ W.)
                                                  public contact with FAA personnel                       established body of technical                           That airspace extending upward from 700
                                                  concerned with this rulemaking will be                  regulations for which frequent and                    feet above the surface within a 6.5-mile
                                                  filed in the docket.                                    routine amendments are necessary to                   radius of First Flight Airport.



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                                                  83752               Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Proposed Rules

                                                    Issued in College Park, Georgia, on                   obtain copies of the petition and                     stabilizing, preserving, fermenting, and
                                                  November 7, 2016.                                       supporting materials.                                 correcting wine and juice.
                                                  Ryan W. Almasy,                                         FOR FURTHER INFORMATION CONTACT:  Kara                   • Section 5387(a) of the IRC (26
                                                  Manager, Operations Support Group, Eastern              Fontaine, Regulations and Rulings                     U.S.C. 5387(a)), which authorizes the
                                                  Service Center, Air Traffic Organization.               Division, Alcohol and Tobacco Tax and                 production of agricultural wine, classed
                                                  [FR Doc. 2016–27859 Filed 11–21–16; 8:45 am]            Trade Bureau, 1310 G Street NW., Box                  as ‘‘standard agricultural wine,’’ from
                                                  BILLING CODE 4910–13–P                                  12, Washington, DC 20005; phone 202–                  agricultural products other than the
                                                                                                          453–1039, ext. 103.                                   juice of fruit. Such agricultural wine
                                                                                                                                                                must be made in accordance with good
                                                                                                          SUPPLEMENTARY INFORMATION:                            commercial practice as prescribed by
                                                  DEPARTMENT OF THE TREASURY
                                                                                                          Background                                            regulation and may be cellar treated in
                                                  Alcohol and Tobacco Tax and Trade                                                                             accordance with sections 5382(a) and (c)
                                                                                                          TTB Authority                                         of the IRC. Also, section 5387(b)
                                                  Bureau
                                                                                                             Chapter 51 of the Internal Revenue                 prohibits the addition of wine spirits,
                                                  27 CFR Part 24                                          Code of 1986, as amended (IRC), 26                    coloring material or herbs, or other
                                                                                                          U.S.C. chapter 51, contains provisions                flavoring material (except hops in the
                                                  [Docket No. TTB–2016–0010; Notice No.                   concerning the taxation and production                case of honey wine) to agricultural
                                                  164]                                                    of distilled spirits, wines, and beer. The            wine, as well as the blending together of
                                                  RIN 1513–AB61                                           Alcohol and Tobacco Tax and Trade                     wines from different agricultural
                                                                                                          Bureau (TTB) has been delegated                       commodities.
                                                  Wine Treating Materials and Related                     authority to promulgate regulations                      The regulations promulgated under
                                                  Regulations                                             pertaining to wine under Chapter 51 of                the IRC regarding the production of
                                                                                                          the IRC. The statutory provisions of the              wine are set forth in part 24 of title 27
                                                  AGENCY: Alcohol and Tobacco Tax and                     IRC related to the distilled spirits and              of the Code of Federal Regulations (27
                                                  Trade Bureau.                                           wine regulations that TTB promulgates                 CFR part 24) and include, but are not
                                                  ACTION: Notice of proposed rulemaking.                  include, but are not limited to, the                  limited to, the following provisions:
                                                                                                          following:                                               • 27 CFR 24.10, which contains the
                                                  SUMMARY:   The Alcohol and Tobacco Tax                     • Section 5002(a)(4) of the IRC (26                definitions of certain terms used in 27
                                                  and Trade Bureau (TTB) is proposing to                  U.S.C. 5002(a)(4)), which defines the                 CFR part 24.
                                                  amend its regulations pertaining to the                 term ‘‘distiller,’’ in pertinent part, as                • 27 CFR 24.225, which sets forth
                                                  production of wine and in particular in                 including any person who ‘‘(A)                        rules under which proprietors of a
                                                  regard to the permissible treatments that               produces distilled spirits from any                   bonded wine premises may withdraw
                                                  may be applied to wine and to juice                     source or substance’’ or ‘‘(C) by any                 and receive spirits without payment of
                                                  from which wine is made. These                          process separates alcoholic spirits from              tax from the bonded premises of a
                                                  proposed amendments are in response                     any fermented substance * * *.’’                      distilled spirits plant and add the spirits
                                                  to requests from wine industry members                                                                        to natural wine on bonded wine
                                                                                                             • Section 5171(a) of the IRC (26
                                                  to authorize certain wine treating                                                                            premises.
                                                                                                          U.S.C. 5171(a)), which requires that
                                                  materials and processes not currently                                                                            • 27 CFR 24.246, which includes a
                                                                                                          operations ‘‘as a distiller’’ only be
                                                  authorized by TTB regulations. TTB                                                                            table that lists the materials authorized
                                                                                                          conducted on the bonded premises of a
                                                  invites comments on the proposed                                                                              for the treatment of wine and juice.
                                                                                                          distilled spirits plant by a person who                  • 27 CFR 24.247, which includes a
                                                  regulatory changes described in this                    is qualified under subchapter B of
                                                  document, as well as on other wine                                                                            table that lists materials authorized for
                                                                                                          chapter 51 of the IRC.                                the treatment of distilling material.
                                                  treatment issues for which regulatory
                                                                                                             • Section 5373 of the IRC (26 U.S.C.                  • 27 CFR 24.248, which includes a
                                                  amendments are not proposed in this
                                                                                                          5373), which authorizes the                           table that lists processes authorized for
                                                  document.
                                                                                                          promulgation of regulations regarding                 the treatment of wine, juice, and
                                                  DATES:  Comments must be received by                    the type of wine spirits that may be used             distilling materials.
                                                  January 23, 2017.                                       in wine production.                                      TTB administers chapter 51 of the IRC
                                                  ADDRESSES: Please send your comments                       • Section 5381 of the IRC (26 U.S.C.               and its implementing regulations
                                                  on this document to one of the                          5381), which provides that natural wine               pursuant to section 1111(d) of the
                                                  following addresses:                                    is the product of the juice or must of                Homeland Security Act of 2002, as
                                                    • https://www.regulations.gov (via the                sound, ripe grapes or other sound, ripe               codified at 6 U.S.C. 531(d). The
                                                  online comment form for this document                   fruit, made with such cellar treatment as             Secretary has delegated various
                                                  as posted within Docket No. TTB–2016–                   may be authorized under section 5382.                 authorities through Treasury
                                                  0010 at Regulations.gov, the Federal e-                    • Section 5382(a) of the IRC (26                   Department Order 120–01, dated
                                                  rulemaking portal);                                     U.S.C. 5382(a)), which provides that                  December 10, 2013 (superseding
                                                    • U.S. Mail: Director, Regulations and                proper cellar treatment of natural wine               Treasury Order 120–01 dated January
                                                  Rulings Division, Alcohol and Tobacco                   constitutes those practices and                       24, 2003), to the TTB Administrator to
                                                  Tax and Trade Bureau, 1310 G Street                     procedures in the United States, of                   perform the functions and duties in the
                                                  NW., Box 12, Washington, DC 20005; or                   using various methods and materials to                administration and enforcement of these
                                                    • Hand delivery/courier in lieu of                    correct or stabilize the wine, or the fruit           laws.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  mail: Alcohol and Tobacco Tax and                       juice from which it is made, so as to                    In addition, TTB consults with the
                                                  Trade Bureau, 1310 G Street NW., Suite                  produce a finished product acceptable                 U.S. Food and Drug Administration
                                                  400, Washington, DC 20005.                              in good commercial practice as                        (FDA) on whether alcohol beverages are
                                                    See the Public Participation section of               prescribed by regulation. Section                     adulterated under the Federal Food,
                                                  this document for specific instructions                 5382(c) also authorizes the                           Drug, and Cosmetic Act (FD&C Act),
                                                  and requirements for submitting                         promulgation of regulations setting forth             including whether a substance added to
                                                  comments, and for information on how                    limitations on the preparation and use                an alcohol beverage is an unapproved
                                                  to request a public hearing or view or                  of methods and materials for clarifying,              food additive. Alcohol beverages are


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Document Created: 2018-02-14 08:29:12
Document Modified: 2018-02-14 08:29:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesComments must be received on or before January 6, 2017.
ContactJohn Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
FR Citation81 FR 83750 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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