82_FR_45101 82 FR 44915 - Amendment of Class E Airspace; Midland, TX and Establishment of Class E Airspace; Odessa, TX and Midland, TX

82 FR 44915 - Amendment of Class E Airspace; Midland, TX and Establishment of Class E Airspace; Odessa, TX and Midland, TX

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 186 (September 27, 2017)

Page Range44915-44917
FR Document2017-20592

This action modifies Class E airspace extending upward from 700 feet above the surface at Midland International Air and Space Port Airport (formerly Midland International Airport), Midland, TX, due to the closing of Mabee Ranch Airport, decommissioning of the Mabee non- directional radio beacon (NDB), and cancellation of NDB approaches at Mabee Ranch Airport. Additionally, this action establishes Class E airspace extending upward from 700 feet above the surface at Odessa Airport-Schlemeyer Field, Odessa, TX and Midland Airpark, Midland, TX, to accommodate special instrument approach procedures developed at these airports to enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations. Also, an editorial change is made to the Class E surface area airspace legal description replacing Airport/Facility Directory with the term Chart Supplement. In addition, the airport name is changed to Midland International Air and Space Port Airport to coincide with the FAA's aeronautical database.

Federal Register, Volume 82 Issue 186 (Wednesday, September 27, 2017) 
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44915-44917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20592]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9481; Airspace Docket No. 16-ASW-18]


Amendment of Class E Airspace; Midland, TX and Establishment of 
Class E Airspace; Odessa, TX and Midland, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from 
700 feet above the surface at Midland International Air and Space Port 
Airport (formerly Midland International Airport), Midland, TX, due to 
the closing of Mabee Ranch Airport, decommissioning of the Mabee non-
directional radio beacon (NDB), and cancellation of NDB approaches at 
Mabee Ranch Airport. Additionally, this action establishes Class E 
airspace extending upward from 700 feet above the surface at Odessa 
Airport-Schlemeyer Field, Odessa, TX and Midland Airpark, Midland, TX, 
to accommodate special instrument approach procedures developed at 
these airports to enhance the safety and management of standard 
instrument approach procedures for instrument flight rules (IFR) 
operations. Also, an editorial change is made to the Class E surface 
area airspace legal description replacing Airport/Facility Directory 
with the term Chart Supplement. In addition, the airport name is 
changed to Midland International Air and Space Port Airport to coincide 
with the FAA's aeronautical database.

DATES: Effective 0901 UTC, December 7, 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 7400.11B, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA

[[Page 44916]]

Order 7400.11B at NARA, call (202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION, CONTACT: Rebecca Shelby, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.

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 E airspace extending upward from 700 feet above the 
surface at Midland International Air Space Port Airport by removing 
Mabee Ranch Airport, Midland, TX, due to closing of the airport; and 
establishes Class E airspace at Odessa Airport-Schlemeyer Field, 
Odessa, TX, and Midland Airpark, Midland, TX, to support special 
instrument approach procedures for IFR operations at these airports.

History

    On May 26, 2017, the FAA published in the Federal Register (82 FR 
24266) Docket No. FAA-2016-9481, a notice of proposed rulemaking (NPRM) 
to amend Class E airspace at Midland International Air and Space Port 
Airport, Midland, TX; and establish Class E airspace extending upward 
from 700 feet above the surface at Odessa Airport-Schlemeyer Field, 
Odessa, TX, and Midland Airpark, Midland, TX. Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002, and 
6005, respectively, of FAA Order 7400.11B, dated August 3, 2017, and 
effective September 15, 2017, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and 
Reporting Points, dated August 3, 2017, and effective September 15, 
2017. FAA Order 7400.11B is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11B lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies: Class E airspace extending upward from 700 feet above 
the surface to within a 7.1-mile radius (from a 17.4-mile radius) of 
Midland International Air and Space Port Airport, Midland, TX, and also 
amends the airport name from Midland International Airport to Midland 
International Air and Space Port Airport in this and other associated 
Class E airspace areas. Airspace reconfiguration is necessary due to 
the closing of Mabee Ranch Airport, and decommissioning and 
cancellation of the Mabee NDB and NDB approaches.
    This action also established Class E airspace extending upward from 
700 feet above the surface within a 6.6-mile radius of both Midland 
Airpark, Midland, TX and Odessa Airport-Schlemeyer Field, Odessa, TX, 
to accommodate special instrument approach procedures for IFR 
operations at these airports.
    Additionally, this action makes an editorial change in the legal 
description by replacing Airport/Facility Directory with the term Chart 
Supplement in the Class E surface area airspace.
    Class E airspace areas are published in Paragraph 6002 and 6005, 
respectively, of FAA Order 7400.11B, dated August 3, 2017, and 
effective September 15, 2017, 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 regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; 2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
only affects air traffic procedures and air navigation, it is certified 
that this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. 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 7400.11B, 
Airspace Designations and Reporting Points, dated August 3, 2017, and 
effective September 15, 2017, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW TX E2 Midland International Air and Space Port Airport, TX 
[Amended]

Midland International Air and Space Port Airport, TX
    (Lat. 31[deg]56'33'' N., long. 102[deg]12'07'' W.)

    Within a 5-mile radius of Midland International Air and Space 
Port Airport. This Class E airspace area is effective during the 
specific dates and times established in

[[Page 44917]]

advance by a Notice to Airmen. The effective date and time will 
thereafter be continuously published in the Chart Supplement.

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

* * * * *

ASW TX E5 Midland, TX [Amended]

Midland International Air and Space Port Airport, TX
    (Lat. 31[deg]56'33'' N., long. 102[deg]12'07'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.1-mile radius of Midland International Air and Space Port 
Airport.

ASW TX E5 Midland, TX [New]

Midland Airpark, TX
    (Lat. 32[deg]02'12'' N., long. 102[deg]06'05'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Midland Airpark.
* * * * *

ASW TX E5 Odessa, TX [New]

Odessa Airport-Schlemeyer Field, TX
    (Lat. 31[deg]55'17'' N., long. 102[deg]23'14'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Odessa Airport-Schlemeyer Field Airport.

    Issued in Fort Worth, Texas, on September 19, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-20592 Filed 9-26-17; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44915 mile radius (reduced from a 6.5-mile paragraph 5–6.5.a. This airspace action DEPARTMENT OF TRANSPORTATION radius) to 12.3 miles (increased from is not expected to cause any potentially 12.2 miles) north of the airport, and significant environmental impacts, and Federal Aviation Administration removing the segment within 2.5 miles no extraordinary circumstances exist each side of the 000° bearing of the that warrant preparation of an 14 CFR Part 71 Leesville NDB extending from the 6.5- environmental assessment. [Docket No. FAA–2016–9481; Airspace mile radius to 7.3 miles north of the Docket No. 16–ASW–18] airport; and Lists of Subjects in 14 CFR Part 71 Harry P. Williams Memorial Airport, Airspace, Incorporation by reference, Amendment of Class E Airspace; Patterson, LA, by removing the segment Navigation (air). Midland, TX and Establishment of within 2.5 mile each side of the 233° Class E Airspace; Odessa, TX and bearing from the Patterson RBN Adoption of the Amendment Midland, TX extending from the 6.5-mile radius to 7.5 miles southwest of the airport. In consideration of the foregoing, the AGENCY: Federal Aviation Additionally, the geographic Federal Aviation Administration Administration (FAA), DOT. coordinates for Harry P. Williams amends 14 CFR part 71 as follows: ACTION: Final rule. Memorial Airport, are adjusted to PART 71—DESIGNATION OF CLASS A, SUMMARY: This action modifies Class E coincide with the FAA’s aeronautical B, C, D, AND E AIRSPACE AREAS; AIR airspace extending upward from 700 database. TRAFFIC SERVICE ROUTES; AND feet above the surface at Midland Airspace reconfiguration is necessary REPORTING POINTS International Air and Space Port Airport due to the decommissioning of the (formerly Midland International Leesville NBD and Patterson RBN, and ■ 1. The authority citation for part 71 Airport), Midland, TX, due to the cancellation of the navigation aid continues to read as follows: closing of Mabee Ranch Airport, approaches at these airports. Controlled decommissioning of the Mabee non- airspace is necessary for the safety and Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, directional radio beacon (NDB), and management of standard instrument cancellation of NDB approaches at approach procedures for IFR operations 1959–1963 Comp., p. 389. Mabee Ranch Airport. Additionally, this at these airports. § 71.1 [Amended] action establishes Class E airspace Class E airspace designations are extending upward from 700 feet above published in paragraph 6005 of FAA ■ 2. The incorporation by reference in the surface at Odessa Airport- Order 7400.11B, dated August 3, 2017, 14 CFR 71.1 of FAA Order 7400.11B, Schlemeyer Field, Odessa, TX and and effective September 15, 2017, which Airspace Designations and Reporting Midland Airpark, Midland, TX, to is incorporated by reference in 14 CFR Points, dated August 3, 2017, and accommodate special instrument 71.1. The Class E airspace designations effective September 15, 2017, is approach procedures developed at these listed in this document will be amended as follows: airports to enhance the safety and published subsequently in the Order. management of standard instrument Paragraph 6005. Class E Airspace Areas Regulatory Notices and Analyses Extending Upward From 700 Feet or More approach procedures for instrument The FAA has determined that this Above the Surface of the Earth. flight rules (IFR) operations. Also, an regulation only involves an established editorial change is made to the Class E * * * * * body of technical regulations for which surface area airspace legal description frequent and routine amendments are ASW LA E5 Leesville, LA [Amended] replacing Airport/Facility Directory necessary to keep them operationally Leesville Airport, LA with the term Chart Supplement. In current, is non-controversial and (Lat. 31°10′06″ N., long. 93°20′33″ W.). addition, the airport name is changed to unlikely to result in adverse or negative That airspace extending upward from 700 Midland International Air and Space comments. It, therefore: (1) Is not a feet above the surface within a 6.4-mile Port Airport to coincide with the FAA’s ‘‘significant regulatory action’’ under radius of Leesville Airport, and within 3.7 aeronautical database. miles each side of the 360° bearing from the DATES: Effective 0901 UTC, December 7, Executive Order 12866; (2) is not a airport extending from the 6.4-mile radius to ‘‘significant rule’’ under DOT 2017. The Director of the Federal 12.3 miles north of the airport, excluding that Regulatory Policies and Procedures (44 airspace within the Fort Polk, LA, Class D Register approves this incorporation by FR 11034; February 26, 1979); and (3) airspace area, and excluding that airspace reference action under Title 1, Code of does not warrant preparation of a within restricted area R–3803A. Federal Regulations, part 51, subject to regulatory evaluation as the anticipated * * * * * the annual revision of FAA Order impact is so minimal. Since this is a 7400.11 and publication of conforming ASW LA E5 Patterson, LA [Amended] amendments. routine matter that only affects air traffic procedures and air navigation, it is Patterson, Harry P. Williams Memorial ADDRESSES: FAA Order 7400.11B, certified that this rule, when Airport, LA Airspace Designations and Reporting (Lat. 29°42′34″ N., long. 91°20′20″ W.) Points, and subsequent amendments can promulgated, does not have a significant economic impact on a substantial That airspace extending upward from 700 be viewed online at http://www.faa.gov/ feet above the surface within a 6.5-mile air_traffic/publications/. For further number of small entities under the radius of Harry P. Williams Memorial criteria of the Regulatory Flexibility Act. information, you can contact the asabaliauskas on DSKBBXCHB2PROD with RULES Airport. Airspace Policy Group, Federal Aviation Environmental Review Issued in Fort Worth, Texas, on September Administration, 800 Independence The FAA has determined that this 19, 2017. Avenue SW., Washington, DC 20591; action qualifies for categorical exclusion Walter Tweedy, telephone: (202) 267–8783. The Order is under the National Environmental Acting Manager, Operations Support Group, also available for inspection at the Policy Act in accordance with FAA ATO Central Service Center. National Archives and Records Order 1050.1F, ‘‘Environmental [FR Doc. 2017–20591 Filed 9–26–17; 8:45 am] Administration (NARA). For Impacts: Policies and Procedures,’’ BILLING CODE 4910–13–P information on the availability of FAA VerDate Sep<11>2014 17:24 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1

44916 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations Order 7400.11B at NARA, call (202) incorporated by reference in 14 CFR ‘‘significant regulatory action’’ under 741–6030, or go to https://www. 71.1. The Class E airspace designations Executive Order 12866; 2) is not a archives.gov/federal-register/cfr/ibr- listed in this document will be ‘‘significant rule’’ under DOT locations.html. published subsequently in the Order. Regulatory Policies and Procedures (44 FAA Order 7400.11, Airspace FR 11034; February 26, 1979); and (3) Availability and Summary of Designations and Reporting Points, is does not warrant preparation of a Documents for Incorporation by published yearly and effective on regulatory evaluation as the anticipated Reference September 15. impact is so minimal. Since this is a FOR FURTHER INFORMATION, CONTACT: This document amends FAA Order routine matter that only affects air traffic Rebecca Shelby, Federal Aviation 7400.11B, Airspace Designations and procedures and air navigation, it is Administration, Operations Support Reporting Points, dated August 3, 2017, certified that this rule, when Group, Central Service Center, 10101 and effective September 15, 2017. FAA promulgated, does not have a significant Hillwood Parkway, Fort Worth, TX Order 7400.11B is publicly available as economic impact on a substantial 76177; telephone (817) 222–5857. listed in the ADDRESSES section of this number of small entities under the document. FAA Order 7400.11B lists criteria of the Regulatory Flexibility Act. SUPPLEMENTARY INFORMATION: Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting Environmental Review Authority for This Rulemaking points. The FAA has determined that this The FAA’s authority to issue rules action qualifies for categorical exclusion regarding aviation safety is found in The Rule under the National Environmental Title 49 of the United States Code. This amendment to Title 14, Code of Policy Act in accordance with FAA Subtitle I, Section 106 describes the Federal Regulations (14 CFR) part 71 Order 1050.1F, ‘‘Environmental authority of the FAA Administrator. modifies: Class E airspace extending Impacts: Policies and Procedures,’’ Subtitle VII, Aviation Programs, upward from 700 feet above the surface paragraph 5–6.5.a. This airspace action describes in more detail the scope of the to within a 7.1-mile radius (from a 17.4- is not expected to cause any potentially agency’s authority. This rulemaking is mile radius) of Midland International significant environmental impacts, and promulgated under the authority Air and Space Port Airport, Midland, no extraordinary circumstances exist described in Subtitle VII, Part A, TX, and also amends the airport name that warrant preparation of an Subpart I, Section 40103. Under that from Midland International Airport to environmental assessment. section, the FAA is charged with Midland International Air and Space prescribing regulations to assign the use Port Airport in this and other associated Lists of Subjects in 14 CFR Part 71 of airspace necessary to ensure the Class E airspace areas. Airspace Airspace, Incorporation by reference, safety of aircraft and the efficient use of reconfiguration is necessary due to the Navigation (air). airspace. This regulation is within the closing of Mabee Ranch Airport, and scope of that authority as it amends Adoption of the Amendment decommissioning and cancellation of Class E airspace extending upward from the Mabee NDB and NDB approaches. In consideration of the foregoing, the 700 feet above the surface at Midland This action also established Class E Federal Aviation Administration International Air Space Port Airport by airspace extending upward from 700 amends 14 CFR part 71 as follows: removing Mabee Ranch Airport, feet above the surface within a 6.6-mile Midland, TX, due to closing of the radius of both Midland Airpark, PART 71—DESIGNATION OF CLASS A, airport; and establishes Class E airspace Midland, TX and Odessa Airport- B, C, D, AND E AIRSPACE AREAS; AIR at Odessa Airport-Schlemeyer Field, Schlemeyer Field, Odessa, TX, to TRAFFIC SERVICE ROUTES; AND Odessa, TX, and Midland Airpark, accommodate special instrument REPORTING POINTS Midland, TX, to support special approach procedures for IFR operations instrument approach procedures for IFR ■ 1. The authority citation for part 71 at these airports. continues to read as follows: operations at these airports. Additionally, this action makes an editorial change in the legal description Authority: 49 U.S.C. 106(f), 106(g); 40103, History 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, by replacing Airport/Facility Directory 1959–1963 Comp., p. 389. On May 26, 2017, the FAA published with the term Chart Supplement in the in the Federal Register (82 FR 24266) Class E surface area airspace. § 71.1 [Amended] Docket No. FAA–2016–9481, a notice of Class E airspace areas are published proposed rulemaking (NPRM) to amend ■ 2. The incorporation by reference in in Paragraph 6002 and 6005, 14 CFR 71.1 of FAA Order 7400.11B, Class E airspace at Midland respectively, of FAA Order 7400.11B, International Air and Space Port Airspace Designations and Reporting dated August 3, 2017, and effective Points, dated August 3, 2017, and Airport, Midland, TX; and establish September 15, 2017, which is Class E airspace extending upward from effective September 15, 2017, is incorporated by reference in 14 CFR amended as follows: 700 feet above the surface at Odessa 71.1. The Class E airspace designation Airport-Schlemeyer Field, Odessa, TX, listed in this document will be Paragraph 6002 Class E Airspace Areas and Midland Airpark, Midland, TX. published subsequently in the Order. Designated as Surface Areas. Interested parties were invited to * * * * * participate in this rulemaking effort by Regulatory Notices and Analyses ASW TX E2 Midland International Air and asabaliauskas on DSKBBXCHB2PROD with RULES submitting written comments on the The FAA has determined that this Space Port Airport, TX [Amended] proposal to the FAA. No comments regulation only involves an established Midland International Air and Space Port were received. body of technical regulations for which Airport, TX Class E airspace designations are frequent and routine amendments are (Lat. 31°56′33″ N., long. 102°12′07″ W.) published in paragraph 6002, and 6005, necessary to keep them operationally Within a 5-mile radius of Midland respectively, of FAA Order 7400.11B, current, is non-controversial and International Air and Space Port Airport. dated August 3, 2017, and effective unlikely to result in adverse or negative This Class E airspace area is effective during September 15, 2017, which is comments. It, therefore: (1) Is not a the specific dates and times established in VerDate Sep<11>2014 17:24 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1

Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44917 advance by a Notice to Airmen. The effective I. Introduction appropriate methodologies to identify date and time will thereafter be continuously the median employee and calculating published in the Chart Supplement. In 2015, the Commission adopted a rule 1 to implement the pay ratio the median employee’s annual total Paragraph 6005 Class E Airspace Areas disclosure requirement 2 mandated by compensation.8 Required disclosure Extending Upward From 700 Feet or More Section 953(b) of the Dodd-Frank Wall may be based on a registrant’s Above the Surface of the Earth. reasonable belief; use of reasonable Street Reform and Consumer Protection * * * * * Act.3 In doing so, the Commission estimates, assumptions, and ASW TX E5 Midland, TX [Amended] stated its belief that, in order for the methodologies; and reasonable efforts to data points provided by the rule to be prepare the disclosures.9 Specifically, Midland International Air and Space Port the rule permits registrants to use Airport, TX of use to investors, the pay ratio rule (Lat. 31°56′33″ N., long. 102°12′07″ W.) ‘‘should be designed to allow reasonable estimates to identify the shareholders to better understand and median employee, including by using That airspace extending upward from 700 feet above the surface within a 7.1-mile assess a particular registrant’s statistical sampling and a consistently radius of Midland International Air and compensation practices and pay ratio applied compensation measure (such as Space Port Airport. disclosures rather than to facilitate a payroll or tax records).10 The rule also comparison of this information from one allows registrants to use reasonable ASW TX E5 Midland, TX [New] registrant to another.’’ 4 Consistent with estimates in calculating the annual total Midland Airpark, TX compensation or any elements of annual this view, the Commission stated that it (Lat. 32°02′12″ N., long. 102°06′05″ W.) total compensation for employees.11 sought to provide flexibility in a manner That airspace extending upward from 700 The rule further provides that if a that would ‘‘reduce costs and burdens feet above the surface within a 6.6-mile registrant changes its methodology or its radius of Midland Airpark. for registrants while preserving what we perceive to be the purpose and intended material assumptions, adjustments, or * * * * * benefits’’ of the statutorily mandated estimates, and the effects are significant, ASW TX E5 Odessa, TX [New] disclosure.5 Under the final rule, the registrant must briefly describe the Odessa Airport-Schlemeyer Field, TX registrants must provide pay ratio change and the reasons for the change.12 (Lat. 31°55′17″ N., long. 102°23′14″ W.) disclosure for the first fiscal year In light of the use of estimates, That airspace extending upward from 700 beginning on or after January 1, 2017, assumptions, adjustments, and feet above the surface within a 6.6-mile which means that registrants will begin statistical sampling permitted by the radius of Odessa Airport-Schlemeyer Field making pay ratio disclosures in early rule, pay ratio disclosures may involve Airport. 2018. a degree of imprecision. This has led Issued in Fort Worth, Texas, on September In light of the approaching some commenters to express concerns 19, 2017. compliance date and concerns raised about compliance uncertainty and Walter Tweedy, about the implementation of the potential liability.13 In our view, if a Acting Manager, Operations Support Group, disclosure requirement,6 this release registrant uses reasonable estimates, ATO Central Service Center. provides additional guidance to assist assumptions or methodologies, the pay [FR Doc. 2017–20592 Filed 9–26–17; 8:45 am] registrants in their compliance efforts. ratio and related disclosure that results In addition, the Commission staff is from such use would not provide the BILLING CODE 4910–13–P publishing guidance about the use of basis for Commission enforcement statistical sampling to assist registrants action unless the disclosure was made in determining their median employee or reaffirmed without a reasonable basis SECURITIES AND EXCHANGE for purposes of the pay ratio disclosure.7 or was provided other than in good COMMISSION II. Commission Guidance faith. 17 CFR Parts 229 and 249 B. Use of Internal Records A. Use of Reasonable Estimates, [Release No. 33–10415; 34–81673; File No. Assumptions, and Methodologies and Item 402(u) requires a registrant to S7–07–13] Statistical Sampling disclose the median of the annual total The pay ratio rule affords significant compensation of all its employees Commission Guidance on Pay Ratio excluding its principal executive Disclosure flexibility to registrants in determining officer.14 We are providing guidance as AGENCY: Securities and Exchange 1 Pay Ratio Disclosure, Release No. 33–9877 (Aug. to the use of existing internal records, Commission. 5, 2015) [80 FR 50103 (Aug. 18, 2015)] (‘‘Pay Ratio such as tax or payroll records, to make Release’’). this determination. ACTION: Interpretation. 2 15 U.S.C. 78n(i). SUMMARY: The Securities and Exchange 3 Public Law 111–203, sec. 953(b), 124 Stat. 1376, 1. Non-U.S. Employees 1904 (2010), as amended by Public Law 112–106, Commission is publishing interpretive sec. 102(a)(3), 126 Stat. 306, 309 (2012). The final rule defines the term guidance to assist registrants in 4 Pay Ratio Release, supra note 1, at 50106. ‘‘employee’’ to include U.S. employees preparation of their pay ratio 5 Id. at 50107. and employees located in a jurisdiction disclosures required by Item 402(u) of 6 See, e.g., letters from Business Roundtable (Mar. outside the United States (‘‘non-U.S. Regulation S–K. 23, 2017) (‘‘BRT’’), Davis Polk & Wardwell LLP (Mar. 23, 2017) (‘‘Davis Polk’’), Financial Services 8 See Pay Ratio Release, supra note 1, at 50135— DATES: Effective Date: September 27, Roundtable (Mar. 23, 2017) (‘‘FSR’’), The Insurance 50138. asabaliauskas on DSKBBXCHB2PROD with RULES 2017. Coalition (Mar. 23, 2017) (‘‘Insurance Coalition’’), 9 See, e.g., Instruction 2 and Instruction 4 to Item National Association of Manufacturers (Mar. 23, FOR FURTHER INFORMATION CONTACT: John 402(u) of Regulation S–K (17 CFR 229.402(u)). 2017) (‘‘NAM’’), and Society for Corporate Fieldsend, Special Counsel, or Steven G. Governance (Mar. 24, 2017) (‘‘SCG’’) available at 10 See Instruction 4 to Item 402(u) of Regulation Hearne, Senior Special Counsel, at (202) https://www.sec.gov/comments/pay-ratio- S–K. 11 Id. 551–3430, in the Division of statement/payratiostatement.htm. 7 See Division of Corporation Finance Guidance 12 Id. Corporation Finance; 100 F Street NE., 13 See, e.g., letters from BRT, Davis Polk, and on Calculation of Pay Ratio Disclosure, September Washington, DC 20549. 21, 2017, available at https://www.sec.gov/rules/ NAM. SUPPLEMENTARY INFORMATION: interp/2017/33-10415.pdf. 14 17 CFR 229.402(u)(1). 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Document Created: 2018-10-24 14:48:32
Document Modified: 2018-10-24 14:48:32
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, December 7, 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.
FR Citation82 FR 44915 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (Air)
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