82_FR_18933 82 FR 18856 - Amendment of Class D and Class E Airspace; Elmira, NY

82 FR 18856 - Amendment of Class D and Class E Airspace; Elmira, NY

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18856-18858
FR Document2017-08099

This action amends Class D and E airspace at Elmira, NY, as the ERINN Outer Marker (OM) has been decommissioned requiring airspace reconfiguration at Elmira/Corning Regional Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport, and eliminates the Notice to Airmen (NOTAM) part-time status of the Class E airspace designated as an extension to a Class D surface area. Also, the FAA found the Class E airspace designated as an extension to a class D surface area description was inaccurate. This action corrects the error.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017) 
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18856-18858]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08099]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-8128; Airspace Docket No. 15-AEA-14]


Amendment of Class D and Class E Airspace; Elmira, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D and E airspace at Elmira, NY, as 
the ERINN Outer Marker (OM) has been decommissioned requiring airspace 
reconfiguration at Elmira/Corning Regional Airport. This action 
enhances the safety and airspace management of Instrument Flight Rules 
(IFR) operations at the airport. This action also updates the 
geographic coordinates of the airport, and eliminates the Notice to 
Airmen (NOTAM) part-time status of the Class E airspace designated as 
an extension to a Class D surface area. Also, the FAA found the Class E 
airspace designated as an extension to a class D surface area 
description was inaccurate. This action corrects the error.

DATES: Effective 0901 UTC, June 22, 2017. 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 7400.11 and publication of conforming amendments.

ADDRESSES: 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: 1-800-647-
8927, or 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.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation

[[Page 18857]]

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 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 Elmira/Corning Regional 
Airport, Elmira, NY.

History

    On December 13, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend Class D and Class E 
airspace at Elmira, NY. (81 FR 89885) Docket No. FAA-2015-8128. This 
proposed change is necessary as the ERINN Outer Marker (OM) has been 
decommissioned requiring airspace reconfiguration at Elmira/Corning 
Regional Airport. Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal 
to the FAA. No comments were received.
    Subsequent to publication, the regulatory text for the Class E 
airspace designated as an extension was found to have some inaccuracies 
and is rewritten for clarity.
    Class D and Class E airspace designations are published in 
paragraphs 5000, 6002 and 6004, respectively, of FAA Order 7400.11A 
dated August 3, 2016, and effective September 15, 2016, which is 
incorporated by reference in 14 CFR part 71.1. The Class D and Class E 
airspace designations 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 7400.11A, 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 Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class D airspace, Class E surface area airspace, and 
Class E airspace designated as an extension to a Class D surface area 
at Elmira/Corning Regional Airport, Elmira, NY. This action amends the 
geographic coordinates of the airport to coincide with the FAA's 
aeronautical database, and eliminates the NOTAM information from the 
regulatory text of the Class E airspace designated as an extension to 
Class D that reads, ``This Class E airspace area is effective during 
the specific dates and time established in advance by Notice to Airmen. 
The effective date and time will thereafter be continuously published 
in the Airport/Facility Directory.'' This action also corrects some 
inaccuracies in the segment dimensions northeast, east, and southwest 
of the airport in the description of Class E airspace designated as an 
extension to a Class D surface.

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. 
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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, 
effective September 15, 2016, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Elmira, NY [Amended]

Elmira/Corning Regional Airport, NY
    (Lat. 42[deg]09'35'' N., long 76[deg]53'30'' W.)

    That airspace extending upward from the surface to and including 
3,500 MSL within a 4.2-mile radius of the Elmira/Corning Regional 
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 Chart Supplement, (previously called Airport/Facility 
Directory).

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA NY E2 Elmira, NY [Amended]

Elmira/Corning Regional Airport, NY
    (Lat. 42[deg]09'35'' N., long 76[deg]53'30'' W.)

    That airspace extending upward from the surface within a 4.2-
mile radius of the Elmira/Corning Regional Airport. This Class E 
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 Chart 
Supplement, (previously called Airport/Facility Directory).

Paragraph 6004 Class E Airspace Designated as an Extension to a 
Class D Surface Area.

* * * * *

AEA NY E4 Elmira, NY [Amended]

Elmira/Corning Regional Airport, NY
    (Lat. 42[deg]09'35'' N., long 76[deg]53'30'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the 062[deg] bearing from the airport extending from 
the

[[Page 18858]]

4.2-mile radius of Elmira/Corning Regional Airport to 8.6-miles 
northeast of the airport, within 1.8 miles each side of the 101[deg] 
bearing from the airport extending from the 4.2-mile radius to 6 
miles east of the airport, and within 1.8 miles each side of the 
240[deg] bearing from the airport extending from the 4.2-mile radius 
to 7 miles southwest of the airport, and within 1.8 miles each side 
of the 282[deg] bearing from the airport extending from the 4.2-mile 
radius to 8 miles northwest of the airport.

    Issued in College Park, Georgia, on April 12, 2017.
Geoff Lelliott,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2017-08099 Filed 4-21-17; 8:45 am]
BILLING CODE 4910-13-P

18856 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations effort by submitting written comments Policy Act in accordance with FAA DEPARTMENT OF TRANSPORTATION on the proposal to the FAA. No Order 1050.1F, ‘‘Environmental comments were received. Impacts: Policies and Procedures,’’ Federal Aviation Administration Class E airspace designations are paragraph 5–6.5a. This airspace action published in paragraphs 6003 and 6005, is not expected to cause any potentially 14 CFR Part 71 respectively, of FAA Order 7400.11A significant environmental impacts, and [Docket No. FAA–2015–8128; Airspace dated August 3, 2016, and effective no extraordinary circumstances exist Docket No. 15–AEA–14] September 15, 2016, which is that warrant preparation of an incorporated by reference in 14 CFR environmental assessment. Amendment of Class D and Class E part 71.1. The Class E airspace Airspace; Elmira, NY designations listed in this document Lists of Subjects in 14 CFR Part 71 will be published subsequently in the Airspace, Incorporation by reference, AGENCY: Federal Aviation Order. Navigation (air). Administration (FAA), DOT. ACTION: Final rule. Availability and Summary of Adoption of the Amendment Documents for Incorporation by In consideration of the foregoing, the SUMMARY: This action amends Class D Reference FAA amends 14 CFR part 71 as follows: and E airspace at Elmira, NY, as the This document amends FAA Order ERINN Outer Marker (OM) has been 7400.11A, Airspace Designations and PART 71—DESIGNATION OF CLASS A, decommissioned requiring airspace Reporting Points, dated August 3, 2016, B, C, D, AND E AIRSPACE AREAS; AIR reconfiguration at Elmira/Corning and effective September 15, 2016. FAA TRAFFIC SERVICE ROUTES; AND Regional Airport. This action enhances Order 7400.11A is publicly available as REPORTING POINTS the safety and airspace management of listed in the ADDRESSES section of this Instrument Flight Rules (IFR) operations ■ 1. The authority citation for part 71 at the airport. This action also updates document. FAA Order 7400.11A lists continues to read as follows: Class A, B, C, D, and E airspace areas, the geographic coordinates of the air traffic service routes, and reporting Authority: 49 U.S.C. 106(f), 106(g); 40103, airport, and eliminates the Notice to 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Airmen (NOTAM) part-time status of points. 1959–1963 Comp., p. 389. the Class E airspace designated as an The Rule extension to a Class D surface area. § 71.1 [Amended] This amendment to Title 14, Code of Also, the FAA found the Class E ■ 2. The incorporation by reference in airspace designated as an extension to a Federal Regulations (14 CFR) part 71 14 CFR 71.1 of FAA Order 7400.11A, class D surface area description was amends Class E airspace designated as Airspace Designations and Reporting inaccurate. This action corrects the an extension to Class C surface area, and Points, dated August 3, 2016, effective error. Class E airspace extending upward from September 15, 2016, is amended as 700 feet above the surface at Atlantic DATES: Effective 0901 UTC, June 22, follows: City International Airport, Atlantic City, 2017. The Director of the Federal NJ, by removing Atlantic City Paragraph 6003 Class E Airspace Register approves this incorporation by Municipal/Bader Field from the Designated as an Extension to a Class C Surface Area. reference action under title 1, Code of airspace description as the airport has Federal Regulations, part 51, subject to closed, no longer requiring controlled * * * * * the annual revision of FAA Order airspace. AEA NJ E3 Atlantic City, NJ [Amended] 7400.11 and publication of conforming Regulatory Notices and Analyses Atlantic City International Airport, NJ amendments. (Lat. 39°27′27″ N., long. 74°34′38″ W.) ADDRESSES: FAA Order 7400.11A, The FAA has determined that this Atlantic City VORTAC regulation only involves an established Airspace Designations and Reporting (Lat. 39°27′21″ N., long. 74°34′35″ W.) body of technical regulations for which Points, and subsequent amendments can That airspace extending upward from the be viewed on line at http:// frequent and routine amendments are surface within 2.7 miles either side of the necessary to keep them operationally Atlantic City VORTAC 303° radial extending www.faa.gov/air_traffic/publications/. current. It, therefore: (1) Is not a from the 5-mile radius to 7.4 miles northwest For further information, you can contact ‘‘significant regulatory action’’ under of Atlantic City International Airport. the Airspace Policy Group, Federal Executive Order 12866; (2) is not a Aviation Administration, 800 Paragraph 6005 Class E Airspace Areas ‘‘significant rule’’ under DOT Extending Upward From 700 Feet or More Independence Avenue SW., Regulatory Policies and Procedures (44 Above the Surface of the Earth. Washington, DC 20591; telephone: FR 11034; February 26, 1979); and (3) 1–800–647–8927, or 202–267–8783. The * * * * * does not warrant preparation of a Order is also available for inspection at AEA NJ E5 Atlantic City, NJ [Amended] the National Archives and Records regulatory evaluation as the anticipated impact is so minimal. Since this is a Atlantic City International Airport, NJ Administration (NARA). For routine matter that only affects air traffic (Lat. 39°27′27″ N., long. 74°34′38″ W.) information on the availability of FAA procedures and air navigation, it is That airspace extending upward from 700 Order 7400.11A at NARA, call 202–741– feet above the surface within a 7.2-mile 6030, or go to http://www.archives.gov/ certified that this rule, when radius of Atlantic City International Airport. federal_register/code_of_federal- promulgated, does not have a significant economic impact on a substantial Issued in College Park, Georgia, on April regulations/ibr_locations.html. jstallworth on DSK7TPTVN1PROD with RULES number of small entities under the 12, 2017. FAA Order 7400.11, Airspace criteria of the Regulatory Flexibility Act. Geoff Lelliott, Designations and Reporting Points, is Acting Manager, Operations Support Group, published yearly and effective on Environmental Review Eastern Service Center, Air Traffic September 15. The FAA has determined that this Organization. FOR FURTHER INFORMATION CONTACT: John action qualifies for categorical exclusion [FR Doc. 2017–08100 Filed 4–21–17; 8:45 am] Fornito, Operations Support Group, under the National Environmental BILLING CODE 4910–13–P Eastern Service Center, Federal Aviation VerDate Sep<11>2014 13:01 Apr 21, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1

Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations 18857 Administration, P.O. Box 20636, Class A, B, C, D, and E airspace areas, Lists of Subjects in 14 CFR Part 71 Atlanta, Georgia 30320; telephone (404) air traffic service routes, and reporting Airspace, Incorporation by reference, 305–6364. points. Navigation (air). SUPPLEMENTARY INFORMATION: The Rule Adoption of the Amendment Authority for This Rulemaking This amendment to Title 14, Code of In consideration of the foregoing, the The FAA’s authority to issue rules Federal Regulations (14 CFR) part 71 Federal Aviation Administration regarding aviation safety is found in amends Class D airspace, Class E surface amends 14 CFR part 71 as follows: Title 49 of the United States Code. area airspace, and Class E airspace Subtitle I, Section 106 describes the PART 71—DESIGNATION OF CLASS A, designated as an extension to a Class D authority of the FAA Administrator. B, C, D, AND E AIRSPACE AREAS; AIR surface area at Elmira/Corning Regional Subtitle VII, Aviation Programs, TRAFFIC SERVICE ROUTES; AND Airport, Elmira, NY. This action amends describes in more detail the scope of the REPORTING POINTS agency’s authority. This rulemaking is the geographic coordinates of the airport promulgated under the authority to coincide with the FAA’s aeronautical ■ 1. The authority citation for part 71 described in Subtitle VII, Part, A, database, and eliminates the NOTAM continues to read as follows: Subpart I, Section 40103. Under that information from the regulatory text of the Class E airspace designated as an Authority: 49 U.S.C. 106(f), 106(g); 40103, section, the FAA is charged with 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, prescribing regulations to assign the use extension to Class D that reads, ‘‘This 1959–1963 Comp., p. 389. of airspace necessary to ensure the Class E airspace area is effective during safety of aircraft and the efficient use of the specific dates and time established § 71.1 [Amended] airspace. This regulation is within the in advance by Notice to Airmen. The ■ 2. The incorporation by reference in scope of that authority as it amends effective date and time will thereafter be 14 CFR 71.1 of FAA Order 7400.11A, Class D and Class E airspace at Elmira/ continuously published in the Airport/ Airspace Designations and Reporting Corning Regional Airport, Elmira, NY. Facility Directory.’’ This action also Points, dated August 3, 2016, effective corrects some inaccuracies in the September 15, 2016, is amended as History segment dimensions northeast, east, and follows: On December 13, 2016, the FAA southwest of the airport in the published in the Federal Register a description of Class E airspace Paragraph 5000 Class D Airspace. notice of proposed rulemaking (NPRM) designated as an extension to a Class D * * * * * to amend Class D and Class E airspace surface. AEA NY D Elmira, NY [Amended] at Elmira, NY. (81 FR 89885) Docket No. Elmira/Corning Regional Airport, NY FAA–2015–8128. This proposed change Regulatory Notices and Analyses (Lat. 42°09′35″ N., long 76°53′30″ W.) is necessary as the ERINN Outer Marker The FAA has determined that this That airspace extending upward from the (OM) has been decommissioned regulation only involves an established surface to and including 3,500 MSL within requiring airspace reconfiguration at body of technical regulations for which a 4.2-mile radius of the Elmira/Corning Elmira/Corning Regional Airport. frequent and routine amendments are Regional Airport. This Class D airspace area Interested parties were invited to necessary to keep them operationally is effective during the specific dates and participate in this rulemaking effort by current. It, therefore: (1) Is not a times established in advance by a Notice to submitting written comments on the Airmen. The effective date and time will ‘‘significant regulatory action’’ under thereafter be continuously published in the proposal to the FAA. No comments Executive Order 12866; (2) is not a were received. Chart Supplement, (previously called ‘‘significant rule’’ under DOT Airport/Facility Directory). Subsequent to publication, the Regulatory Policies and Procedures (44 regulatory text for the Class E airspace FR 11034; February 26, 1979); and (3) Paragraph 6002 Class E Surface Area designated as an extension was found to Airspace. does not warrant preparation of a have some inaccuracies and is rewritten regulatory evaluation as the anticipated * * * * * for clarity. impact is so minimal. Since this is a Class D and Class E airspace AEA NY E2 Elmira, NY [Amended] routine matter that only affects air traffic Elmira/Corning Regional Airport, NY designations are published in procedures and air navigation, it is (Lat. 42°09′35″ N., long 76°53′30″ W.) paragraphs 5000, 6002 and 6004, certified that this rule, when That airspace extending upward from the respectively, of FAA Order 7400.11A promulgated, does not have a significant surface within a 4.2-mile radius of the dated August 3, 2016, and effective economic impact on a substantial Elmira/Corning Regional Airport. This Class September 15, 2016, which is number of small entities under the E airspace area is effective during the specific incorporated by reference in 14 CFR dates and times established in advance by a criteria of the Regulatory Flexibility Act. part 71.1. The Class D and Class E Notice to Airmen. The effective date and time airspace designations listed in this Environmental Review will thereafter be continuously published in document will be published the Chart Supplement, (previously called subsequently in the Order. The FAA has determined that this Airport/Facility Directory). action qualifies for categorical exclusion Availability and Summary of under the National Environmental Paragraph 6004 Class E Airspace Documents for Incorporation by Designated as an Extension to a Class D Policy Act in accordance with FAA Surface Area. Reference Order 1050.1F, ‘‘Environmental * * * * * jstallworth on DSK7TPTVN1PROD with RULES This document amends FAA Order Impacts: Policies and Procedures,’’ 7400.11A, Airspace Designations and paragraph 5–6.5a. This airspace action AEA NY E4 Elmira, NY [Amended] Reporting Points, dated August 3, 2016, is not expected to cause any potentially Elmira/Corning Regional Airport, NY and effective September 15, 2016. FAA significant environmental impacts, and (Lat. 42°09′35″ N., long 76°53′30″ W.) Order 7400.11A is publicly available as no extraordinary circumstances exist That airspace extending upward from the listed in the ADDRESSES section of this that warrant preparation of an surface within 1.8 miles each side of the 062° document. FAA Order 7400.11A lists environmental assessment. bearing from the airport extending from the VerDate Sep<11>2014 13:01 Apr 21, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1

18858 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations 4.2-mile radius of Elmira/Corning Regional SUPPLEMENTARY INFORMATION: II. Calculation of Adjustments Airport to 8.6-miles northeast of the airport, within 1.8 miles each side of the 101° bearing I. Background ONRR assesses CMPs under section II. Calculation of Adjustment 109 of the Federal Oil and Gas Royalty from the airport extending from the 4.2-mile III. Summary of Final Rule Management Act of 1982 (FOGRMA), radius to 6 miles east of the airport, and IV. Procedural Requirements within 1.8 miles each side of the 240° bearing codified as amended at 30 U.S.C. 1719. A. Regulatory Planning and Review (E.O. from the airport extending from the 4.2-mile 12866) In accordance with FOGRMA, we radius to 7 miles southwest of the airport, B. Regulatory Flexibility Act calculate and assess CMPs per violation, and within 1.8 miles each side of the 282° C. Small Business Regulatory Enforcement at the applicable rate, for each day such bearing from the airport extending from the Fairness Act violation continues. 4.2-mile radius to 8 miles northwest of the D. Unfunded Mandates Reform Act Since we had not adjusted the airport. E. Takings (E.O. 12630) maximum CMP rates for inflation since Issued in College Park, Georgia, on April F. Federalism (E.O. 13132) their establishment in 1983, we 12, 2017. G. Civil Justice Reform (E.O. 12988) H. Consultation with Indian Tribes (E.O. calculated the new maximum CMP rates Geoff Lelliott, for 2016 using the inflation-adjustment 13175) Acting Manager, Operations Support Group, I. Paperwork Reduction Act multiplier for CMPs established in 1983, Eastern Service Center, Air Traffic J. National Environmental Policy Act as set out in Table A in OMB Organization. K. Effects on the Energy Supply (E.O. Memorandum M–16–06. That multiplier [FR Doc. 2017–08099 Filed 4–21–17; 8:45 am] 13211) was 2.35483. On June 9, 2016, we BILLING CODE 4910–13–P L. Clarity of This Regulation published an interim final rule in the M. Administrative Procedure Act Federal Register (81 FR 37153) I. Background establishing the maximum CMP rates DEPARTMENT OF THE INTERIOR The Act, as amended (set out in a note with the initial catch-up adjustments. following 28 U.S.C. 2461), requires Those maximum CMP rates were Office of Natural Resources Revenue effective on July 11, 2016. However, the Federal agencies to adjust their civil monetary penalty (CMP) rates through interim final rule requested public 30 CFR Part 1241 comments until August 8, 2016. ONRR an interim final rulemaking to take [Docket No. ONRR–2016–0002; DS63644000 effect no later than August 1, 2016, and received no comments and, therefore, is DR2PS0000.CH7000 178D0102R2] to make annual inflation adjustments finalizing that rule. OMB Memorandum not later than January 15 of every year M–17–11 authorizes agencies to finalize RIN 1012–AA17 thereafter with the guidance that OMB their 2016 initial ‘‘catch-up’’ adjustment Civil Monetary Penalty Rates Inflation provides us by December 15 of each interim final rule in the same Adjustments for Calendar Year 2017 calendar year, as required by section 7 rulemaking that establishes their 2017 and Initial ‘‘Catch-Up’’ Adjustments of the Act, to calculate the maximum annual adjustments. CMP rates for the following calendar In accordance with sections 4 and 5 AGENCY: Office of the Secretary, Office year. of the Act, as amended, the annual CMP of Natural Resources Revenue, Interior. On February 24, 2016, OMB issued Inflation Adjustment calculation for ACTION: Final rule. guidance on calculating the initial 2017 is based on the percent change in catch-up and subsequent annual CMP the Consumer Price Index for all Urban SUMMARY: In accordance with the Consumers (CPI–U) between October inflation adjustments. See February 24, Federal Civil Penalties Inflation 2015 and October 2016. To calculate the 2016, Memorandum for the Heads of Adjustment Act of 1990 (Act), as maximum CMP rates for 2017, we are Executive Departments and Agencies amended by the Federal Civil Penalties using the inflation-adjustment from Shaun Donovan, Director, OMB, Inflation Adjustment Act Improvements re: Implementation of the Federal Civil multiplier that OMB provided in its Act of 2015 (2015 Act) and recent Office Penalties Inflation Adjustment Act Memorandum M–17–11. That multiplier of Management and Budget (OMB) Improvements Act of 2015 (OMB is 1.01636. In accordance with section guidance, the Office of Natural Memorandum M–16–06). That 5(a) of the Act, as amended, the new Resources Revenue (ONRR) is memorandum included a table (Table A) maximum CMP rates will be rounded to publishing this final rule to adjust our showing CMP inflation-adjustment the nearest dollar. For example, the maximum civil monetary penalty (CMP) multipliers by calendar year of CMP maximum CMP rate under 30 U.S.C. rates for calendar year 2017. This final establishment from 1914 to 2015. On 1719(a) in 2016 is $1,177 per violation rule also adopts as final a 2016 interim June 9, 2016, ONRR published its for each day such violation continues; final rule that adjusted the amount of interim final rule required by the Act, as the 2017 CMP inflation-adjustment our civil monetary penalties for amended, adjusting for inflation from multiplier is 1.01636; $1,177 × 1.01636 inflation with initial ‘‘catch-up’’ 1983 to 2016. = $1,196.2557, which rounds down to adjustments under the 2015 Act. On December 16, 2016, OMB issued $1,196. Therefore, the new maximum DATES: This rule is effective on April 24, additional guidance on the annual CMP rate for this violation is $1,196 for 2017. adjustment of CMPs for 2017. See each day such violation continues. It is FOR FURTHER INFORMATION CONTACT: For December 16, 2016, Memorandum for important to note that, by themselves, questions on procedural issues, contact the Heads of Executive Departments and the increases in maximum CMP rates Armand Southall, Regulatory Specialist, Agencies from OMB Director Shaun contained in this final rule do not by telephone at (303) 231–3221 or email Donovan re: Implementation of the 2017 determine the amount of the CMP that jstallworth on DSK7TPTVN1PROD with RULES to Armand.Southall@onrr.gov. For annual adjustment pursuant to the we will assess for a particular violation; questions on technical issues, contact Federal Civil Penalties Inflation as authorized by FOGRMA and the Geary Keeton, Chief of Enforcement, by Adjustment Act Improvements Act of implementing regulations codified at 30 telephone at (303) 231–3096 or email to 2015 (OMB Memorandum M–17–11). CFR part 1241, we calculate each CMP Geary.Keeton@onrr.gov. You may obtain That memorandum informed agencies on a case-by-case basis. a paper copy of this rule by contacting that the inflation-adjustment multiplier In accordance with section 6 of the Mr. Southall by phone or email. for 2017 is 1.01636. Act, as amended, the new maximum VerDate Sep<11>2014 13:01 Apr 21, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1


Document Created: 2017-04-22 00:11:09
Document Modified: 2017-04-22 00:11:09
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, June 22, 2017. 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 7400.11 and publication of conforming amendments.
ContactJohn Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
FR Citation82 FR 18856 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
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