82_FR_26517 82 FR 26409 - Proposed Amendment of Class E Airspace, Hot Springs, VA

82 FR 26409 - Proposed Amendment of Class E Airspace, Hot Springs, VA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range26409-26411
FR Document2017-11394

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Hot Springs, VA, by adding controlled airspace for Bath Community Hospital Heliport to the Ingalls Field Airport airspace designation. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport. This action also would update the geographic coordinates of Ingalls Field Airport in the associated Class E airspace.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Proposed Rules]
[Pages 26409-26411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11394]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9453; Airspace Docket No. 16-AEA-12]


Proposed Amendment of Class E Airspace, Hot Springs, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace extending 
upward from 700 feet above the surface at Hot Springs, VA, by adding 
controlled airspace for Bath Community Hospital Heliport to the Ingalls 
Field Airport airspace designation. Controlled airspace is necessary 
for the safety and management of instrument flight rules (IFR) 
operations at the heliport. This action also would update the 
geographic coordinates of Ingalls Field Airport in the associated Class 
E airspace.

DATES: Comments must be received on or before July 24, 2017.

ADDRESSES: Send comments on this proposal 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) 366-9826. You must identify the Docket No. FAA-2016-
9453; Airspace Docket No. 16-AEA-12, 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. The Docket Office 
(telephone 1-800-647-5527), is on the ground floor of the building at 
the above address.
    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.

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

[[Page 26410]]

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 add Class 
E airspace extending upward from 700 feet above the surface at Bath 
Community Hospital Heliport to the existing designation of Class E 
airspace at Ingalls Field Airport, Hot Springs, VA.

Comments Invited

    Interested persons are invited to comment on this 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-2016-9453; Airspace Docket No. 16-AEA-12.'' 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 from and 
comments submitted through 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 proposes to amend Title 14, Code of Federal Regulations (14 
CFR) part 71 by adding Class E airspace extending upward from 700 feet 
above the surface within a 7-mile radius of Bath Community Hospital 
Heliport to the existing designation of Class E airspace at Ingalls 
Field Airport, Hot Springs, VA. This action would accommodate new Area 
Navigation (RNAV) Global Positioning System Standard Instrument 
Approach Procedures at the heliport. Airspace reconfiguration is 
necessary for the safety and management of IFR operations at the 
heliport. The FAA also proposes to update the geographic coordinates of 
Ingalls Field Airport to coincide with the FAAs aeronautical database.
    Class E airspace designations are published in Paragraph 6002, and 
6005, respectively 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 designations 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 Federal Aviation 
Administration Order 7400.11A, Airspace Designations and Reporting 
Points, dated August 3, 2016, effective September 15, 2016, is amended 
as follows:

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA VA E2 Hot Springs, VA [Amended]

Ingalls Field Airport, Hot Springs, VA
    (Lat. 37[deg]57'09'' N., long. 79[deg]50'03'' W.)

    Within a 4-mile radius of Ingalls Field 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 published in the Chart Supplement.

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

* * * * *

[[Page 26411]]

AEA VA E5 Hot Springs, VA [Amended]

Ingalls Field Airport, VA
    (Lat. 37[deg]57'09'' N., long. 79[deg]50'03'' W.)
Bath Community Hospital Heliport, VA
    (Lat. 37[deg]59'36'' N., long. 79[deg]49'55'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5- mile radius of Ingalls Field Airport, and within a 7-
mile radius of Bath Community Hospital Heliport.

    Issued in College Park, Georgia, on May 19, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2017-11394 Filed 6-6-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                        Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Proposed Rules                                           26409

                                                 WI. The agency proposes to retain the                   PART 71—DESIGNATION OF CLASS A,                        action also would update the geographic
                                                 current Class E airspace within a 6.4-                  B, C, D, AND E AIRSPACE AREAS; AIR                     coordinates of Ingalls Field Airport in
                                                 mile radius of the airport and to remove                TRAFFIC SERVICE ROUTES; AND                            the associated Class E airspace.
                                                 the segment within 2.7 miles each side                  REPORTING POINTS                                       DATES: Comments must be received on
                                                 of the 118° bearing from the airport,                                                                          or before July 24, 2017.
                                                 extending from the 6.4-mile radius area                 ■ 1. The authority citation for 14 CFR                 ADDRESSES: Send comments on this
                                                 to 7 miles southeast of the airport due                 part 71 continues to read as follows:                  proposal to: U.S. Department of
                                                 to the decommissioning of the Waupaca                     Authority: 49 U.S.C. 106(f), 106(g); 40103,          Transportation, Docket Operations, 1200
                                                 NDB and cancellation of the NDB                         40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,           New Jersey Avenue SE., West Bldg
                                                                                                         1959–1963 Comp., p. 389.                               Ground Floor Rm W12–140,
                                                 approach. This proposal would enhance
                                                 the safety and management of the SIAPs                  § 71.1   [Amended]                                     Washington, DC 20590; Telephone: 1–
                                                 for IFR operations at these airports.                   ■ 2. The incorporation by reference in                 800–647–5527, or (202) 366–9826. You
                                                                                                         14 CFR 71.1 of FAA Order 7400.11A,                     must identify the Docket No. FAA–
                                                    Class E airspace designations are
                                                                                                         Airspace Designations and Reporting                    2016–9453; Airspace Docket No. 16–
                                                 published in paragraph 6005 of FAA                                                                             AEA–12, at the beginning of your
                                                 Order 7400.11A, dated August 3, 2016,                   Points, dated August 3, 2016, and
                                                                                                         effective September 15, 2016, is                       comments. You may also submit and
                                                 and effective September 15, 2016, which                                                                        review received comments through the
                                                 is incorporated by reference in 14 CFR                  amended as follows:
                                                                                                                                                                Internet at http://www.regulations.gov.
                                                 71.1. The Class E airspace designations                 Paragraph 6005 Class E Airspace Areas                  You may review the public docket
                                                 listed in this document will be                         Extending Upward From 700 Feet or More                 containing the proposal, any comments
                                                 published subsequently in the Order.                    Above the Surface of the Earth.
                                                                                                                                                                received, and any final disposition in
                                                 Regulatory Notices and Analyses                         AGL WI E5 Medford, WI [Amended]                        person in the Dockets Office between
                                                                                                         Taylor County Airport, WI                              9:00 a.m. and 5:00 p.m., Monday
                                                    The FAA has determined that this                       (Lat. 45°06′05″ N., long. 90°18′01″ W.)              through Friday, except Federal holidays.
                                                 regulation only involves an established                   That airspace extending upward from 700              The Docket Office (telephone 1–800–
                                                 body of technical regulations for which                 feet above the surface within a 6.8-mile               647–5527), is on the ground floor of the
                                                 frequent and routine amendments are                     radius of Taylor County Airport.                       building at the above address.
                                                 necessary to keep them operationally                                                                              FAA Order 7400.11A, Airspace
                                                                                                         AGL WI E5 Waupaca, WI [Amended]
                                                 current, is non-controversial and                                                                              Designations and Reporting Points, and
                                                                                                         Waupaca Municipal Airport, WI                          subsequent amendments can be viewed
                                                 unlikely to result in adverse or negative                 (Lat. 44°20′00″ N., long. 89°01′23″ W.)
                                                                                                                                                                on line at http://www.faa.gov/air_
                                                 comments. It, therefore: (1) Is not a                     That airspace extending upward from 700              traffic/publications/. For further
                                                 ‘‘significant regulatory action’’ under                 feet above the surface within a 6.6-mile
                                                                                                                                                                information, you can contact the
                                                 Executive Order 12866; (2) is not a                     radius of Waupaca Municipal Airport.
                                                                                                                                                                Airspace Policy Group, Federal Aviation
                                                 ‘‘significant rule’’ under DOT                            Issued in Fort Worth, Texas on May 31,               Administration, 800 Independence
                                                 Regulatory Policies and Procedures (44                  2017.                                                  Avenue SW., Washington, DC 20591;
                                                 FR 11034; February 26, 1979); and (3)                   Walter Tweedy,                                         telephone: 202–267–8783. The Order is
                                                 does not warrant preparation of a                       Acting Manager, Operations Support Group,              also available for inspection at the
                                                 regulatory evaluation as the anticipated                ATO Central Service Center.                            National Archives and Records
                                                 impact is so minimal. Since this is a                   [FR Doc. 2017–11678 Filed 6–6–17; 8:45 am]             Administration (NARA). For
                                                 routine matter that will only affect air                BILLING CODE 4910–13–P                                 information on the availability of FAA
                                                 traffic procedures and air navigation, it                                                                      Order 7400.11A at NARA, call 202–741–
                                                 is certified that this rule, when                                                                              6030, or go to http://www.archives.gov/
                                                 promulgated, would not have a                           DEPARTMENT OF TRANSPORTATION                           federal_register/code_of_federal-
                                                 significant economic impact on a                                                                               regulations/ibr_locations.html.
                                                 substantial number of small entities                    Federal Aviation Administration                          FAA Order 7400.11, Airspace
                                                 under the criteria of the Regulatory                                                                           Designations and Reporting Points, is
                                                                                                         14 CFR Part 71                                         published yearly and effective on
                                                 Flexibility Act.
                                                                                                         [Docket No. FAA–2016–9453; Airspace                    September 15.
                                                 Environmental Review                                    Docket No. 16–AEA–12]                                  FOR FURTHER INFORMATION CONTACT: John
                                                    This proposal will be subject to an                                                                         Fornito, Operations Support Group,
                                                                                                         Proposed Amendment of Class E                          Eastern Service Center, Federal Aviation
                                                 environmental analysis in accordance                    Airspace, Hot Springs, VA
                                                 with FAA Order 1050.1F,                                                                                        Administration, P.O. Box 20636,
                                                                                                         AGENCY: Federal Aviation                               Atlanta, Georgia 30320; telephone (404)
                                                 ‘‘Environmental Impacts: Policies and
                                                                                                         Administration (FAA), DOT.                             305–6364.
                                                 Procedures’’ prior to any FAA final
                                                                                                         ACTION: Notice of proposed rulemaking                  SUPPLEMENTARY INFORMATION:
                                                 regulatory action.
                                                                                                         (NPRM).                                                Authority for This Rulemaking
                                                 List of Subjects in 14 CFR Part 71
                                                                                                         SUMMARY:   This action proposes to                       The FAA’s authority to issue rules
                                                  Airspace, Incorporation by reference,
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                                                                                                         amend Class E airspace extending                       regarding aviation safety is found in
                                                 Navigation (air).                                       upward from 700 feet above the surface                 Title 49 of the United States Code.
                                                                                                         at Hot Springs, VA, by adding                          Subtitle I, Section 106 describes the
                                                 The Proposed Amendment
                                                                                                         controlled airspace for Bath Community                 authority of the FAA Administrator.
                                                   Accordingly, pursuant to the                          Hospital Heliport to the Ingalls Field                 Subtitle VII, Aviation Programs,
                                                 authority delegated to me, the Federal                  Airport airspace designation. Controlled               describes in more detail the scope of the
                                                 Aviation Administration proposes to                     airspace is necessary for the safety and               agency’s authority. This proposed
                                                 amend 14 CFR part 71 as follows:                        management of instrument flight rules                  rulemaking is promulgated under the
                                                                                                         (IFR) operations at the heliport. This                 authority described in Subtitle VII, Part


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                                                 26410                  Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Proposed Rules

                                                 A, Subpart I, Section 40103. Under that                 phone number) between 9:00 a.m. and                    and Procedures (44 FR 11034; February
                                                 section, the FAA is charged with                        5:00 p.m., Monday through Friday,                      26, 1979); and (3) does not warrant
                                                 prescribing regulations to assign the use               except Federal Holidays. An informal                   preparation of a Regulatory Evaluation
                                                 of airspace necessary to ensure the                     docket may also be examined between                    as the anticipated impact is so minimal.
                                                 safety of aircraft and the efficient use of             8:00 a.m. and 4:30 p.m., Monday                        Since this is a routine matter that will
                                                 airspace. This regulation is within the                 through Friday, except Federal Holidays                only affect air traffic procedures and air
                                                 scope of that authority as it would add                 at the office of the Eastern Service                   navigation, it is certified that this
                                                 Class E airspace extending upward from                  Center, Federal Aviation                               proposed rule, when promulgated, will
                                                 700 feet above the surface at Bath                      Administration, Room 350, 1701                         not have a significant economic impact
                                                 Community Hospital Heliport to the                      Columbia Avenue, College Park, Georgia                 on a substantial number of small entities
                                                 existing designation of Class E airspace                30337.                                                 under the criteria of the Regulatory
                                                 at Ingalls Field Airport, Hot Springs,                                                                         Flexibility Act.
                                                                                                         Availability and Summary of
                                                 VA.                                                     Documents for Incorporation by                         Environmental Review
                                                 Comments Invited                                        Reference
                                                                                                                                                                   This proposal would be subject to an
                                                    Interested persons are invited to                      This document proposes to amend                      environmental analysis in accordance
                                                 comment on this rule by submitting                      FAA Order 7400.11A, Airspace                           with FAA Order 1050.1F,
                                                 such written data, views, or arguments,                 Designations and Reporting Points,                     ‘‘Environmental Impacts: Policies and
                                                 as they may desire. Comments that                       dated August 3, 2016, and effective                    Procedures’’ prior to any FAA final
                                                 provide the factual basis supporting the                September 15, 2016. FAA Order                          regulatory action.
                                                 views and suggestions presented are                     7400.11A is publicly available as listed
                                                 particularly helpful in developing                      in the ADDRESSES section of this                       Lists of Subjects in 14 CFR Part 71
                                                 reasoned regulatory decisions on the                    document. FAA Order 7400.11A lists
                                                                                                         Class A, B, C, D, and E airspace areas,                 Airspace, Incorporation by reference,
                                                 proposal. Comments are specifically
                                                                                                         air traffic service routes, and reporting              Navigation (air).
                                                 invited on the overall regulatory,
                                                 aeronautical, economic, environmental,                  points.                                                The Proposed Amendment
                                                 and energy-related aspects of the                       The Proposal
                                                 proposal.                                                                                                        In consideration of the foregoing, the
                                                    Communications should identify both                     The FAA proposes to amend Title 14,                 Federal Aviation Administration
                                                 docket numbers and be submitted in                      Code of Federal Regulations (14 CFR)                   proposes to amend 14 CFR part 71 as
                                                 triplicate to the address listed above.                 part 71 by adding Class E airspace                     follows:
                                                 You may also submit comments through                    extending upward from 700 feet above
                                                                                                         the surface within a 7-mile radius of                  PART 71—DESIGNATION OF CLASS A,
                                                 the Internet at http://
                                                                                                         Bath Community Hospital Heliport to                    B, C, D, AND E AIRSPACE AREAS; AIR
                                                 www.regulations.gov.
                                                    Persons wishing the FAA to                           the existing designation of Class E                    TRAFFIC SERVICE ROUTES; AND
                                                 acknowledge receipt of their comments                   airspace at Ingalls Field Airport, Hot                 REPORTING POINTS
                                                 on this action must submit with those                   Springs, VA. This action would
                                                 comments a self-addressed stamped                       accommodate new Area Navigation                        ■ 1. The authority citation for part 71
                                                 postcard on which the following                         (RNAV) Global Positioning System                       continues to read as follows:
                                                 statement is made: ‘‘Comments to                        Standard Instrument Approach                             Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                 Docket No. FAA–2016–9453; Airspace                      Procedures at the heliport. Airspace                   40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                 Docket No. 16–AEA–12.’’ The postcard                    reconfiguration is necessary for the                   1959–1963 Comp., p. 389.
                                                 will be date/time stamped and returned                  safety and management of IFR                           § 71.1       [Amended]
                                                 to the commenter.                                       operations at the heliport. The FAA also
                                                    All communications received before                   proposes to update the geographic                      ■ 2. The incorporation by reference in
                                                 the specified closing date for comments                 coordinates of Ingalls Field Airport to                14 CFR 71.1 of Federal Aviation
                                                 will be considered before taking action                 coincide with the FAAs aeronautical                    Administration Order 7400.11A,
                                                 on the proposed rule. The proposal                      database.                                              Airspace Designations and Reporting
                                                 contained in this notice may be changed                    Class E airspace designations are                   Points, dated August 3, 2016, effective
                                                 in light of the comments received. A                    published in Paragraph 6002, and 6005,                 September 15, 2016, is amended as
                                                 report summarizing each substantive                     respectively of FAA Order 7400.11A,                    follows:
                                                 public contact with FAA personnel                       dated August 3, 2016, and effective                    Paragraph 6002      Class E Surface Area
                                                 concerned with this rulemaking will be                  September 15, 2016, which is                           Airspace.
                                                 filed in the docket.                                    incorporated by reference in 14 CFR                    *        *      *    *    *
                                                                                                         71.1. The Class E airspace designations
                                                 Availability of NPRMs                                   listed in this document will be                        AEA VA E2 Hot Springs, VA [Amended]
                                                   An electronic copy of this document                   published subsequently in the Order.                   Ingalls Field Airport, Hot Springs, VA
                                                 may be downloaded from and                                                                                       (Lat. 37°57′09″ N., long. 79°50′03″ W.)
                                                 comments submitted through http://                      Regulatory Notices and Analyses
                                                                                                                                                                  Within a 4-mile radius of Ingalls Field
                                                 www.regulations.gov. Recently                             The FAA has determined that this                     Airport. This Class E airspace area is effective
                                                                                                         proposed regulation only involves an
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                                                 published rulemaking documents can                                                                             during the specific dates and times
                                                 also be accessed through the FAA’s Web                  established body of technical                          established in advance by a Notice to
                                                 page at http://www.faa.gov/air_traffic/                 regulations for which frequent and                     Airmen. The effective date and time will
                                                 publications/airspace_amendments/.                      routine amendments are necessary to                    thereafter be published in the Chart
                                                   You may review the public docket                      keep them operationally current. It,                   Supplement.
                                                 containing the proposal, any comments                   therefore: (1) Is not a ‘‘significant                  Paragraph 6005 Class E Airspace Areas
                                                 received, and any final disposition in                  regulatory action’’ under Executive                    Extending Upward From 700 Feet or More
                                                 person in the Dockets Office (see the                   Order 12866; (2) is not a ‘‘significant                Above the Surface of the Earth.
                                                 ADDRESSES section for address and                       rule’’ under DOT Regulatory Policies                   *        *      *    *    *


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                                                                        Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Proposed Rules                                            26411

                                                 AEA VA E5 Hot Springs, VA [Amended]                     Regulatory Affairs, Office of Chief                    independent agency. FEMA now
                                                 Ingalls Field Airport, VA                               Counsel, Federal Emergency                             includes its internal rulemaking
                                                   (Lat. 37°57′09″ N., long. 79°50′03″ W.)               Management Agency, 500 C Street SW.,                   procedures addressing the development,
                                                 Bath Community Hospital Heliport, VA                    Washington, DC 20472, 202–646–4046,                    drafting, and clearance of FEMA rules in
                                                   (Lat. 37°59′36″ N., long. 79°49′55″ W.)               or (email) liza.davis@fema.dhs.gov.                    internal guidance.
                                                   That airspace extending upward from 700               SUPPLEMENTARY INFORMATION:                                In this proposed rule, FEMA proposes
                                                 feet above the surface within a 6.5- mile
                                                 radius of Ingalls Field Airport, and within a           I. Public Participation                                a wholesale revision of part 1, removing
                                                 7-mile radius of Bath Community Hospital                                                                       sections that solely address internal
                                                                                                           We encourage you to participate in                   agency procedure, and retaining and
                                                 Heliport.
                                                                                                         this rulemaking by submitting                          updating sections that directly affect the
                                                   Issued in College Park, Georgia, on May 19,           comments and related materials. We
                                                 2017.                                                                                                          public’s participation in FEMA’s
                                                                                                         will consider all comments and material                rulemaking process, namely, provisions
                                                 Ryan W. Almasy,                                         received during the comment period.                    addressing ex parte communications in
                                                 Manager, Operations Support Group, Eastern                If you submit a comment, identify the                rulemaking, petitions for rulemaking,
                                                 Service Center, Air Traffic Organization.               agency name and the docket ID for this                 the public rulemaking docket, hearings,
                                                 [FR Doc. 2017–11394 Filed 6–6–17; 8:45 am]              rulemaking, indicate the specific section              and the process for submitting public
                                                 BILLING CODE 4910–13–P                                  of this document to which each                         comments on rules.
                                                                                                         comment applies, and give the reason
                                                                                                         for each comment. You may submit                          FEMA is also proposing to modify its
                                                                                                         your comments and material by                          waiver of the Administrative Procedure
                                                 DEPARTMENT OF HOMELAND
                                                                                                         electronic means, mail, or delivery to                 Act exemption for matters relating to
                                                 SECURITY
                                                                                                         the address under the ADDRESSES                        public property, loans, grants, benefits,
                                                 Federal Emergency Management                            section. Please submit your comments                   and contracts.
                                                 Agency                                                  and material by only one means.                           Section III of this preamble includes
                                                                                                           Regardless of the method used for                    a section-by-section analysis of the
                                                 44 CFR Part 1                                           submitting comments or material, all                   current regulations and an explanation
                                                 [Docket ID FEMA–2017–0016]
                                                                                                         submissions will be posted, without                    of the changes to each section.
                                                                                                         change, to the Federal e-Rulemaking
                                                 RIN 1660–AA91                                                                                                  III. Section-by-Section Analysis of the
                                                                                                         Portal at http://www.regulations.gov,
                                                                                                                                                                Current Regulations and Proposed
                                                                                                         and will include any personal
                                                 Update to FEMA’s Regulations on                                                                                Changes
                                                                                                         information you provide. Therefore,
                                                 Rulemaking Procedures                                   submitting this information makes it                   Section 1.1      Purpose
                                                 AGENCY: Federal Emergency                               public. You may wish to read the
                                                 Management Agency, DHS.                                 Privacy and Security Notice that is                       Paragraph (a) of current section 1.1
                                                                                                         available via a link on the homepage of                states that 44 CFR part 1 covers FEMA’s
                                                 ACTION: Notice of proposed rulemaking.
                                                                                                         www.regulations.gov.                                   basic policies and procedures for
                                                 SUMMARY:    The Federal Emergency                         Viewing comments and documents:                      adoption of rules, and that it
                                                 Management Agency (FEMA) proposes                       For access to the docket to read                       incorporates provisions of section 4 of
                                                 to revise its regulations pertaining to                 background documents or comments                       the Administrative Procedure Act.
                                                 rulemaking. It proposes to remove                       received, go to the Federal e-                         Section 4 of the Administrative
                                                 sections that are outdated or do not                    Rulemaking Portal at http://                           Procedure Act (5 U.S.C. 553) addresses
                                                 affect the public, and it proposes to                   www.regulations.gov. Background                        Federal agency requirements for notice
                                                 update provisions that affect the                       documents and submitted comments                       and comment rulemaking. Notice and
                                                 public’s participation in the rulemaking                may also be inspected at FEMA, Office                  comment rulemaking is also known as
                                                 process, such as the submission of                      of Chief Counsel, 500 C Street SW.,                    ‘‘informal rulemaking.’’ Paragraph (a) of
                                                 public comments, hearings, ex parte                     Washington, DC 20472–3100.                             current section 1.1 also includes a
                                                 communications, the public rulemaking                                                                          statement that 44 CFR part 1 and
                                                                                                         II. Background                                         internal FEMA manuals implement
                                                 docket, and petitions for rulemaking.
                                                 FEMA also proposes to modify its                          FEMA established its regulations                     Executive Order 12291.
                                                 waiver of the Administrative Procedure                  regarding its rulemaking procedures in                    FEMA proposes to limit the purpose
                                                 Act exemption for matters relating to                   1981, in 44 Code of Federal Regulations                of part 1 to describing FEMA’s informal
                                                 public property, loans, grants, benefits,               (CFR) part 1.1 FEMA has not                            rulemaking procedures that affect the
                                                 and contracts.                                          substantively updated part 1 since that                public. This proposed rule therefore
                                                 DATES: Comments must be received on                     time. Part 1 is based on a rescinded                   does not describe FEMA’s internal
                                                 or before August 7, 2017.                               Executive Order, Executive Order                       rulemaking procedures, which are more
                                                 ADDRESSES: You may submit comments,
                                                                                                         12291, entitled ‘‘Federal Regulation,’’                appropriately placed in internal
                                                 identified by Docket ID FEMA–2017–                      and obsolete agency procedure, which                   guidance. FEMA proposes these changes
                                                 0016, by one of the following methods:                  was relevant when FEMA was an                          for a number of reasons. First, the
                                                    Federal eRulemaking Portal: http://                  independent agency,2 but is no longer                  Administrative Procedure Act does not
                                                 www.regulations.gov. Follow the                         accurate, as FEMA is no longer an                      require internal agency procedure to be
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 instructions for submitting comments.                                                                          in regulation. See 5 U.S.C. 553(a)(2),
                                                                                                           1 See 46 FR 32583 (June 24, 1981) (final rule
                                                    Mail/Hand Delivery/Courier:                                                                                 553(b)(A). Second, and more
                                                                                                         establishing 44 CFR part 1); see also 44 FR 50299
                                                 Regulatory Affairs Division, Office of                  (Aug. 27, 1979) (proposed rule proposing to            importantly, the references to Executive
                                                 Chief Counsel, Federal Emergency                        establish 44 CFR part 1).                              Order 12291 and implementing FEMA
                                                 Management Agency, 8NE, 500 C Street                      2 FEMA became a component agency of the              procedures are outdated. As noted
                                                 SW., Washington, DC 20472.                              Department of Homeland Security on March 1, 2003       above, Executive Order 12291 has been
                                                                                                         pursuant to the Homeland Security Act of 2002,
                                                 FOR FURTHER INFORMATION CONTACT: Liza                   Public Law 107–296, 116 Stat. 2135 (codified as
                                                                                                                                                                revoked, and was replaced with
                                                 Davis, Associate Chief Counsel,                         amended at 6 U.S.C. 101 et seq.).                      Executive Order 12866, ‘‘Regulatory


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Document Created: 2017-06-07 02:01:00
Document Modified: 2017-06-07 02:01:00
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 July 24, 2017.
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 26409 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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