83_FR_28474 83 FR 28356 - Amendment of Class D Airspace and Class E Airspace, and Removal of Class E Airspace; Binghamton, NY

83 FR 28356 - Amendment of Class D Airspace and Class E Airspace, and Removal of Class E Airspace; Binghamton, NY

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28356-28358
FR Document2018-13050

This action amends Class D airspace, Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface; and removes Class E airspace designated as an extension to a Class D surface area; at Greater Binghamton Airport/Edwin A. Link Field (formerly Binghamton Regional Airport/Edwin A. Link Field), Binghamton, NY. This action accommodates airspace reconfiguration due to the decommissioning of the Binghamton VHF omni-directional radio range tactical air navigation aid (VORTAC), and cancellation of the VOR approaches. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport, and corrects the airport's name. Additionally, this action replaces the outdated term ``Airport/Facility Directory'' with the term ``Chart Supplement'' in Class D and E surface airspace descriptions.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018) 
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28356-28358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13050]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1061; Airspace Docket No. 17-AEA-20]
RIN 2120-AA66


Amendment of Class D Airspace and Class E Airspace, and Removal 
of Class E Airspace; Binghamton, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E surface airspace, 
and Class E airspace extending upward from 700 feet above the surface; 
and removes Class E airspace designated as an extension to a Class D 
surface area; at Greater Binghamton Airport/Edwin A. Link Field 
(formerly Binghamton Regional Airport/Edwin A. Link Field), Binghamton, 
NY. This action accommodates airspace reconfiguration due to the 
decommissioning of the Binghamton VHF omni-directional radio range 
tactical air navigation aid (VORTAC), and cancellation of the VOR 
approaches. Controlled airspace is necessary for the safety and 
management of instrument flight rules (IFR) operations at the airport. 
This action also updates the geographic coordinates of the airport, and 
corrects the airport's name. Additionally, this action replaces the 
outdated term ``Airport/Facility Directory'' with the term ``Chart 
Supplement'' in Class D and E surface airspace descriptions.

DATES: Effective 0901 UTC, September 13, 2018. 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 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: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Ave., College Park, GA 30337; 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 Greater Binghamton 
Airport/Edwin A. Link Field, Binghamton, NY, to support IFR operations 
at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal

[[Page 28357]]

Register (83 FR 5750, February 9, 2018) for Docket No. FAA-2017-1061 to 
amend Class D airspace and Class E surface airspace, and Class E 
airspace extending upward from 700 feet or more above the surface at 
Greater Binghamton Airport/Edwin A. Link Field, Binghamton, NY 
(formerly Binghamton Regional Airport/Edwin A. Link Field).
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. One 
comment was received requesting a graphic on the airspace proposal. The 
FAA has since posted a graphic to the docket.
    Class D and E airspace designations are published in paragraph 
5000, 6002, 6004,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 part 71.1. The Class D and 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 proposes to amend FAA Order 7400.11B, Airspace 
Designations and Reporting Points, dated August 3, 2017, and effective 
September 15, 2016. 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 amends Class D airspace, Class E surface airspace, and Class E 
airspace extending upward from 700 feet or more above the surface at 
Greater Binghamton Airport/Edwin A. Link Field, Binghamton, NY 
(formerly Binghamton Regional Airport/Edwin A. Link Field), due to the 
decommissioning of the Binghamton VORTAC, and cancellation of the VOR 
approaches. These changes enhance the safety and management of IFR 
operations at the airport.
    The Class D airspace area is amended to within a 4.4-mile radius 
(from a 4.3-mile radius) of Greater Binghamton Airport/Edwin A. Link 
Field.
    The Class E surface area airspace is amended to within a 4.4-mile 
radius (increased from a 4.3-mile radius) of Greater Binghamton 
Airport/Edwin A. Link Field. The Binghamton VORTAC is removed as it is 
being decommissioned. The SMITE LOM, and ILS Runway 34 Localizer 
navigation aids are no longer needed in the airspace redesign.
    The Class E airspace designated as an extension to a Class D 
surface area is removed as this airspace was only necessary for the 
cancelled approaches.
    Class E airspace extending upward from 700 feet above the surface 
is amended to within a 7-mile radius (initially from a boundary line 
formed by the geographic coordinates) of the airport. The exclusionary 
language contained in the legal description is removed to comply with 
FAA Order 7400.2L, Procedures for Handling Airspace Matters. Also, an 
editorial change is made by adding the airport's geographic coordinates 
to the airspace designation.
    The geographic coordinates of the airport also are adjusted in the 
classes of airspace listed above to coincide with the FAA's 
aeronautical database, and the airport name is updated to Greater 
Binghamton Airport/Edwin A. Link Field, formerly Binghamton Regional 
Airport/Edwin A. Link Field.

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 Federal Aviation 
Administration Order 7400.11B, Airspace Designations and Reporting 
Points, dated August 3, 2017, effective September 15, 2017, is amended 
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

    That airspace extending upward from the surface to and including 
4,100 feet MSL within a 4.4-mile radius of Greater Binghamton 
Airport/Edwin A. Link Field. This Class D airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA NY E2 Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of Greater Binghamton Airport/Edwin A. Link Field. This 
Class E airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Chart Supplement.

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

* * * * *

AEA NY E4 Binghamton, NY [Removed]

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

* * * * *

[[Page 28358]]

AEA NY E5 Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of Greater Binghamton Airport/Edwin A. Link 
Field.

    Issued in College Park, Georgia, on June 6, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2018-13050 Filed 6-18-18; 8:45 am]
 BILLING CODE 4910-13-P

28356 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations ■ 28. In § 147.54, paragraphs (a)(1), (3), (4) Cooperating laboratories will action replaces the outdated term and (4) are revised to read as follows: submit to the kit manufacturer all ‘‘Airport/Facility Directory’’ with the compiled output data regarding the term ‘‘Chart Supplement’’ in Class D § 147.54 Approval of diagnostic test kits assay response. Each sample tested will and E surface airspace descriptions. not licensed by the Service. be reported as positive or negative, and DATES: Effective 0901 UTC, September (a) * * * the official NPIP procedure used to 13, 2018. The Director of the Federal (1) The sensitivity of the kit will be classify the sample must be submitted Register approves this incorporation by evaluated in at least three NPIP in addition to the assay response value. reference action under Title 1 Code of authorized laboratories by testing A completed worksheet for diagnostic Federal Regulations, part 51, subject to known positive samples, as determined test evaluation is required to be the annual revision of FAA Order by the official NPIP procedures found in submitted with the compiled output 7400.11 and publication of conforming the NPIP Program Standards or through data and may be obtained by contacting amendments. other procedures approved by the the NPIP Senior Coordinator. Data and ADDRESSES: FAA Order 7400.11B, Administrator. Field samples, for which the completed worksheet for diagnostic Airspace Designations and Reporting the presence or absence of the target test evaluation must be submitted to the Points, and subsequent amendments can organism or analyte has been NPIP Senior Coordinator 4 months prior be viewed online at http://www.faa.gov/ determined by the current NPIP test, are to the next scheduled General air_traffic/publications/. For further the preferred samples and should be Conference Committee meeting, which information, you can contact the used when possible. Samples from a is when approval will be sought. Airspace Policy Group, Federal Aviation variety of field cases representing a * * * * * Administration, 800 Independence range of low, medium, and high analyte Avenue SW, Washington, DC 20591; Done in Washington, DC, this 13th day of concentrations should be used. In some June 2018. telephone: (202) 267–8783. The Order is cases it may be necessary to utilize also available for inspection at the Kevin Shea, samples from experimentally infected National Archives and Records Administrator, Animal and Plant Health animals. Spiked samples (clinical Administration (NARA). For Inspection Service. sample matrix with a known amount of information on the availability of FAA [FR Doc. 2018–13128 Filed 6–18–18; 8:45 am] pure culture added) should only be used Order 7400.11B at NARA, call (202) BILLING CODE 3410–34–P in the event that no other sample types 741–6030, or go to https:// are available. When the use of spiked www.archives.gov/federal-register/cfr/ samples may be necessary, prior ibr-locations.html. approval from the NPIP Technical DEPARTMENT OF TRANSPORTATION FAA Order 7400.11, Airspace Committee is required. Pure cultures Designations and Reporting Points, is Federal Aviation Administration should never be used. Additionally, published yearly and effective on laboratories should be selected for their September 15. 14 CFR Part 71 experience with testing for the target FOR FURTHER INFORMATION CONTACT: John organism or analyte with the current [Docket No. FAA–2017–1061; Airspace Docket No. 17–AEA–20] Fornito, Operations Support Group, NPIP approved test. (e.g., a Salmonella Eastern Service Center, Federal Aviation test should be evaluated by NPIP RIN 2120–AA66 Administration, 1701 Columbia Ave., authorized laboratories that test for College Park, GA 30337; telephone (404) Salmonella routinely). If certain Amendment of Class D Airspace and 305–6364. conditions or interfering substances are Class E Airspace, and Removal of SUPPLEMENTARY INFORMATION: known to affect the performance of the Class E Airspace; Binghamton, NY kit, appropriate samples will be Authority for This Rulemaking included so that the magnitude and AGENCY: Federal Aviation Administration (FAA), DOT. The FAA’s authority to issue rules significance of the effect(s) can be ACTION: Final rule. regarding aviation safety is found in evaluated. Title 49 of the United States Code. * * * * * SUMMARY: This action amends Class D Subtitle I, Section 106 describes the (3) The kit will be provided to the airspace, Class E surface airspace, and authority of the FAA Administrator. cooperating laboratories in its final form Class E airspace extending upward from Subtitle VII, Aviation Programs, and include the instructions for use. 700 feet above the surface; and removes describes in more detail the scope of the The cooperating laboratories must Class E airspace designated as an agency’s authority. This rulemaking is perform the assay exactly as stated in extension to a Class D surface area; at promulgated under the authority the supplied instructions. Each Greater Binghamton Airport/Edwin A. described in Subtitle VII, Part A, laboratory must test a panel of at least Link Field (formerly Binghamton Subpart I, Section 40103. Under that 25 known positive samples. In addition, Regional Airport/Edwin A. Link Field), section, the FAA is charged with each laboratory must test at least 50 Binghamton, NY. This action prescribing regulations to assign the use known negative samples obtained from accommodates airspace reconfiguration of airspace necessary to ensure the several sources, to provide a due to the decommissioning of the safety of aircraft and the efficient use of representative sampling of the general Binghamton VHF omni-directional radio airspace. This regulation is within the population. The cooperating range tactical air navigation aid scope of that authority as it amends laboratories must perform a current (VORTAC), and cancellation of the VOR Class D and Class E airspace at Greater NPIP procedure or NPIP approved test approaches. Controlled airspace is daltland on DSKBBV9HB2PROD with RULES Binghamton Airport/Edwin A. Link on the samples alongside the test kit for necessary for the safety and Field, Binghamton, NY, to support IFR comparison and must provide an management of instrument flight rules operations at the airport. outline of the method on the worksheet (IFR) operations at the airport. This for diagnostic test evaluation. action also updates the geographic History Reproducibility and robustness data coordinates of the airport, and corrects The FAA published a notice of should also be included. the airport’s name. Additionally, this proposed rulemaking in the Federal VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1

Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28357 Register (83 FR 5750, February 9, 2018) Localizer navigation aids are no longer Adoption of the Amendment for Docket No. FAA–2017–1061 to needed in the airspace redesign. amend Class D airspace and Class E The Class E airspace designated as an In consideration of the foregoing, the surface airspace, and Class E airspace extension to a Class D surface area is Federal Aviation Administration extending upward from 700 feet or more removed as this airspace was only amends 14 CFR part 71 as follows: above the surface at Greater Binghamton necessary for the cancelled approaches. PART 71—DESIGNATION OF CLASS A, Airport/Edwin A. Link Field, Class E airspace extending upward B, C, D, AND E AIRSPACE AREAS; AIR Binghamton, NY (formerly Binghamton from 700 feet above the surface is TRAFFIC SERVICE ROUTES; AND Regional Airport/Edwin A. Link Field). amended to within a 7-mile radius REPORTING POINTS Interested parties were invited to (initially from a boundary line formed participate in this rulemaking effort by by the geographic coordinates) of the submitting written comments on the ■ 1. The authority citation for part 71 airport. The exclusionary language proposal to the FAA. One comment was continues to read as follows: contained in the legal description is received requesting a graphic on the removed to comply with FAA Order Authority: 49 U.S.C. 106(f), 106(g); 40103, airspace proposal. The FAA has since 7400.2L, Procedures for Handling 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, posted a graphic to the docket. Airspace Matters. Also, an editorial 1959–1963 Comp., p. 389. Class D and E airspace designations change is made by adding the airport’s § 71.1 [Amended] are published in paragraph 5000, 6002, geographic coordinates to the airspace 6004,and 6005, respectively, of FAA designation. ■ 2. The incorporation by reference in Order 7400.11B dated August 3, 2017, The geographic coordinates of the 14 CFR 71.1 of Federal Aviation and effective September 15, 2017, which airport also are adjusted in the classes Administration Order 7400.11B, is incorporated by reference in 14 CFR of airspace listed above to coincide with Airspace Designations and Reporting part 71.1. The Class D and E airspace the FAA’s aeronautical database, and Points, dated August 3, 2017, effective designations listed in this document the airport name is updated to Greater September 15, 2017, is amended as will be published subsequently in the Binghamton Airport/Edwin A. Link follows: Order. Field, formerly Binghamton Regional Paragraph 5000 Class D Airspace. Availability and Summary of Airport/Edwin A. Link Field. * * * * * Documents for Incorporation by Regulatory Notices and Analyses AEA NY D Binghamton, NY [Amended] Reference The FAA has determined that this Greater Binghamton Airport/Edwin A. Link This document proposes to amend regulation only involves an established Field, NY FAA Order 7400.11B, Airspace body of technical regulations for which (Lat. 42°12′30″ N, long. 75°58′47″ W) Designations and Reporting Points, frequent and routine amendments are That airspace extending upward from the dated August 3, 2017, and effective necessary to keep them operationally surface to and including 4,100 feet MSL September 15, 2016. FAA Order current. It, therefore: (1) Is not a within a 4.4-mile radius of Greater 7400.11B is publicly available as listed ‘‘significant regulatory action’’ under Binghamton Airport/Edwin A. Link Field. in the ADDRESSES section of this Executive Order 12866; (2) is not a This Class D airspace area is effective during document. FAA Order 7400.11B lists ‘‘significant rule’’ under DOT the specific days and times established in Class A, B, C, D, and E airspace areas, Regulatory Policies and Procedures (44 advance by a Notice to Airmen. The effective air traffic service routes, and reporting days and times will thereafter be FR 11034; February 26, 1979); and (3) continuously published in the Chart points. does not warrant preparation of a Supplement. The Rule regulatory evaluation as the anticipated impact is so minimal. Since this is a Paragraph 6002 Class E Surface Area This amendment to Title 14 Code of routine matter that only affects air traffic Airspace. Federal Regulations (14 CFR) part 71 procedures and air navigation, it is * * * * * amends Class D airspace, Class E surface certified that this rule, when AEA NY E2 Binghamton, NY [Amended] airspace, and Class E airspace extending promulgated, does not have a significant upward from 700 feet or more above the Greater Binghamton Airport/Edwin A. Link economic impact on a substantial Field, NY surface at Greater Binghamton Airport/ number of small entities under the (Lat. 42°12′30″ N, long. 75°58′47″ W) Edwin A. Link Field, Binghamton, NY criteria of the Regulatory Flexibility Act. That airspace extending upward from the (formerly Binghamton Regional Airport/ Environmental Review surface within a 4.4-mile radius of Greater Edwin A. Link Field), due to the Binghamton Airport/Edwin A. Link Field. decommissioning of the Binghamton The FAA has determined that this This Class E airspace area is effective during VORTAC, and cancellation of the VOR action qualifies for categorical exclusion the specific days and times established in approaches. These changes enhance the under the National Environmental advance by a Notice to Airmen. The effective safety and management of IFR Policy Act in accordance with FAA days and times will thereafter be operations at the airport. Order 1050.1F, ‘‘Environmental continuously published in the Chart The Class D airspace area is amended Impacts: Policies and Procedures,’’ Supplement. to within a 4.4-mile radius (from a 4.3- paragraph 5–6.5a. This airspace action Paragraph 6004 Class E Airspace mile radius) of Greater Binghamton is not expected to cause any potentially Designated as an Extension to a Class D Airport/Edwin A. Link Field. significant environmental impacts, and Surface Area. The Class E surface area airspace is no extraordinary circumstances exist daltland on DSKBBV9HB2PROD with RULES * * * * * amended to within a 4.4-mile radius that warrant preparation of an AEA NY E4 Binghamton, NY [Removed] (increased from a 4.3-mile radius) of environmental assessment. Greater Binghamton Airport/Edwin A. Paragraph 6005 Class E Airspace Areas Lists of Subjects in 14 CFR Part 71 Extending Upward From 700 Feet or More Link Field. The Binghamton VORTAC is removed as it is being decommissioned. Airspace, Incorporation by reference, Above the Surface of the Earth. The SMITE LOM, and ILS Runway 34 Navigation (air). * * * * * VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1

28358 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations AEA NY E5 Binghamton, NY [Amended] consultation with representatives of a tray, have adjustable heights, or Greater Binghamton Airport/Edwin A. Link consumer groups, juvenile product recline for infants.1 Field, NY manufacturers, and independent child High chairs are available in various (Lat. 42°12′30″ N, long. 75°58′47″ W) product engineers and experts; and (2) designs, including four-legged A-frame That airspace extending upward from 700 promulgate consumer product safety styles, single-leg pedestals, Z-frame feet above the surface within a 7-mile radius standards for durable infant or toddler styles, and restaurant-style. of Greater Binghamton Airport/Edwin A. products. Any standard CPSC adopts Construction materials often include a Link Field. plastic, wood, or metal frame, and a under this mandate must be Issued in College Park, Georgia, on June 6, padded fabric seat. Some designs substantially the same as the applicable 2018. include a tray or mounted toy voluntary standard, or more stringent Ryan W. Almasy, accessories, fold for storage and than the voluntary standard if CPSC transport, or convert for continued use Manager, Operations Support Group, Eastern determines that more stringent Service Center, Air Traffic Organization. as a child grows. ASTM F404–18 requirements would further reduce the requires high chairs to have a passive [FR Doc. 2018–13050 Filed 6–18–18; 8:45 am] risk of injury associated with the crotch restraint (i.e., two separate BILLING CODE 4910–13–P product. Section 104(f)(1) of the CPSIA bounded openings for the occupant’s defines the term ‘‘durable infant or legs) and a three-point restraint system; toddler product’’ as ‘‘a durable product some designs also include a rigid front CONSUMER PRODUCT SAFETY intended for use, or that may be torso support or a five-point restraint COMMISSION reasonably expected to be used, by system with shoulder harnesses. 16 CFR Parts 1112 and 1231 children under the age of 5 years,’’ and III. Market Description section 104(f)(2)(C) specifically [Docket No. CPSC–2015–0031] identifies high chairs as a durable infant CPSC staff has identified 59 domestic or toddler product. firms that currently supply high chairs Safety Standard for High Chairs to the U.S. market. Thirty-three of these On November 9, 2015, the firms manufacture high chairs and the AGENCY: Consumer Product Safety Commission issued a notice of proposed Commission. remaining 26 firms are importers. Forty- rulemaking (NPR), proposing to three of the firms (26 manufacturers and ACTION: Final rule. incorporate by reference the then- 17 importers) are small, according to the SUMMARY: The Consumer Product Safety current voluntary standard for high U.S. Small Business Administration’s Improvement Act of 2008 (CPSIA) chairs, ASTM F404–15, with more (SBA) standards,2 and the remaining 16 directs the Commission to issue stringent requirements for rearward (7 manufacturers and 9 importers) are standards for durable infant or toddler stability and warnings on labels and in large. Of the 59 domestic firms, 43 products. To comply with section 104 of instructional literature. 80 FR 69144; 81 market their high chairs only to the CPSIA, CPSC is issuing a safety FR 3354 (January 21, 2016) (correcting consumers, and 4 sell their high chairs standard for high chairs. This rule an error in the NPR). After the to both consumers and restaurants. In incorporates by reference ASTM F404– Commission issued the NPR, ASTM addition, staff identified 9 foreign firms 18, Standard Consumer Safety revised the voluntary standard several that supply high chairs to the U.S. Specification for High Chairs (ASTM times, as discussed in section V of this market, including 8 manufacturers and F404–18). In addition, this rule amends preamble, and published the current 1 importer. Staff also identified the regulations regarding third party version of the standard, ASTM F404–18, numerous high chairs that are conformity assessment bodies to include in March 2018. manufactured outside the United States the safety standard for high chairs in the and bought domestically through online In this final rule, the Commission is sales. list of Notices of Requirements (NORs). incorporating by reference ASTM F404– At the time CPSC staff assessed the DATES: The rule will become effective 18, with no modifications, as the high chairs market, 13 of the 26 small on June 19, 2019. The incorporation by mandatory safety standard for high domestic manufacturers, and 9 of the 17 reference of the publication listed in chairs. As section 104(b)(1)(A) of the small domestic importers, reported that this rule is approved by the Director of CPSIA requires, CPSC staff consulted they complied with the ASTM standard the Federal Register as of June 19, 2019. with manufacturers, retailers, trade for high chairs. FOR FURTHER INFORMATION CONTACT: organizations, laboratories, consumer IV. Incident Data Keysha Walker, Office of Compliance advocacy groups, consultants, and the and Field Operations, U.S. Consumer public to develop this standard, largely CPSC receives data regarding product- Product Safety Commission; 4330 East through the ASTM standard- related injuries from several sources. West Highway, Bethesda, MD 20814; development process. In addition, this 1 After the Commission issued the NPR, staff email: KWalker@cpsc.gov; telephone: final rule amends the list of NORs in 16 learned of a reclined infant seat accessory for a high (301) 504–6820. CFR part 1112 to include the standard chair product that is intended for young infants. SUPPLEMENTARY INFORMATION: for high chairs. The product consists of a high chair base that is sold separately from, but accommodates, several I. Background and Statutory Authority II. Product Description seat accessories that are appropriate for different ages and sizes of children. One of the seat Congress enacted the CPSIA (Pub. L. accessories is a reclined seat that, when placed on 110–314, 122 Stat. 3016), as part of the ASTM F404–18 defines a ‘‘high chair’’ the high chair base, allows infants to be raised to Danny Keysar Child Product Safety as ‘‘a free standing chair for a child up the height of a dining table. Based on the daltland on DSKBBV9HB2PROD with RULES to 3 years of age which has a seating characteristics of the infant seat accessory, its Notification Act, on August 14, 2008. intended use, and marketing materials, CPSC staff Section 104(b) of the CPSIA requires surface more than 15 in. above the floor believes that these products also meet the definition CPSC to: (1) Examine and assess the and elevates the child normally for the of a high chair. effectiveness of voluntary consumer purposes of feeding or eating.’’ The 2 Under SBA size standards, a high chair ASTM standard further specifies that a manufacturer is ‘‘small’’ if it has 500 or fewer product safety standards for durable employees, and an importer is ‘‘small’’ if it has 100 infant or toddler products, in high chair may be sold with or without or fewer employees. VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1


Document Created: 2018-07-02 11:22:00
Document Modified: 2018-07-02 11:22:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, September 13, 2018. 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, 1701 Columbia Ave., College Park, GA 30337; telephone (404) 305-6364.
FR Citation83 FR 28356 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
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