83_FR_35098 83 FR 34956 - Proposed Amendment of Class D and Class E Airspace, and Establishment of Class E Airspace; Honolulu, HI

83 FR 34956 - Proposed Amendment of Class D and Class E Airspace, and Establishment of Class E Airspace; Honolulu, HI

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 142 (July 24, 2018)

Page Range34956-34958
FR Document2018-15738

This action proposes to modify Class D airspace, and Class E airspace extending upward from 700 feet above the surface, and establish Class E surface area airspace at Wheeler Army Airfield (AAF), Honolulu, HI. This action also would update the airport name and geographic coordinates in the associated Class D and E airspace areas to match the FAA's aeronautical database, and would replace outdated language in the airspace description. An editorial change to the airspace designations also would be made.

Federal Register, Volume 83 Issue 142 (Tuesday, July 24, 2018) 
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Proposed Rules]
[Pages 34956-34958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15738]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0878; Airspace Docket No. 14-AWP-10]
RIN 2120-AA66


Proposed Amendment of Class D and Class E Airspace, and 
Establishment of Class E Airspace; Honolulu, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class D airspace, and Class E 
airspace extending upward from 700 feet above the surface, and 
establish Class E surface area airspace at Wheeler Army Airfield (AAF), 
Honolulu, HI. This action also would update the airport name and 
geographic coordinates in the associated Class D and E airspace areas 
to match the FAA's aeronautical database, and would replace outdated 
language in the airspace description. An editorial change to the 
airspace designations also would be made.

DATES: Comments must be received on or before September 7, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2014-0878; Airspace Docket No. 14-AWP-10, at the beginning of your 
comments. You may also submit comments through the internet at http://www.regulations.gov.
    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: Steve Haga, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S 216th St., Des Moines, WA 98198-6547; telephone (206) 231-2252.

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 would amend Class D and Class E airspace at Wheeler Army Airfield 
(AAF), Honolulu, HI, to support standard instrument approach procedures 
for IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 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. Persons wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to FAA-2014-0878; Airspace 
Docket No. 14-AWP-10''. 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

[[Page 34957]]

public contact with FAA personnel concerned with this rulemaking will 
be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the 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 during normal 
business hours at the Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Center, Operations Support Group, 2200 S 216th St., Des Moines, WA 
98198-6547.

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, 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 Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by modifying Class D airspace, Class E 
airspace extending upward from 700 feet above the surface, and 
establishing Class E surface area airspace at Wheeler AAF, Honolulu, 
HI.
    Class D airspace extending upward from the surface to and including 
3,300 feet MSL would be modified to within a 2.6-mile radius of Wheeler 
AAF, (formerly Wheeler AFB), then extend to a 3.7-mile radius from the 
southeast to the southwest, adjoining the boundary of Restricted Area 
R-3109 to the west, excluding that airspace below 1,800 feet MSL beyond 
3.3 miles from the airport from the 89[deg] bearing clockwise to the 
218[deg] bearing from the airport.
    Additionally, an editorial change would be made to the Class D 
airspace legal description removing the words ``Airport/Facility 
Directory''. An editorial change also would be made removing the city 
associated with the airport name in the airspace designation to comply 
with a recent change to FAA Order 7400.2L, Procedures for Handling 
Airspace Matters.
    Class E surface area airspace would be established to be coincident 
with the lateral dimensions of the Class D airspace, and would be 
effective continuously to provide protection to instrument procedures.
    Class E airspace extending upward from 700 feet would be modified 
to that airspace within a 4.2-mile radius of Wheeler AAF. The Koko Head 
VORTAC navigation aid would be removed, as it is no longer needed to 
describe the boundary.
    Additionally, this action proposes to update the airport name from 
Wheeler AFB to Wheeler AAF, and the geographic coordinates for the 
associated Class D and Class E airspace areas to match the FAA's 
aeronautical database.
    Class D and Class E airspace designations are published in 
paragraph 5000, 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 D and E airspace 
designations 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 will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, would 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 will 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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 5000 Class D Airspace.

* * * * *

AWP HI D Honolulu, HI [Amended]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from the surface to and including 
3,300 feet MSL bounded by a line from lat. 21[deg]31'03'' N, long. 
158[deg]04'30'' W; to lat. 21[deg]31'25'' N, long. 158[deg]03'00'' 
W, thence clockwise along a 2.6-mile radius of Wheeler AAF to lat. 
21[deg]30'33'' N, long. 158[deg]00'07'' W; to lat. 21[deg]28'41'' N, 
long. 157[deg]58'19'' W, thence clockwise along a 3.7-mile radius of 
the airport to lat. 21[deg]25'46'' N, long. 158[deg]04'24'' W; to 
lat. 21[deg]26'52'' N, long. 158[deg]04'31'' W; to lat. 
21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat. 21[deg]29'14'' N, 
long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N, long. 
158[deg]03'59'' W; thence to the point of beginning, excluding that 
airspace below 1,800 feet MSL beyond 3.3 miles from the airport from 
the 89[deg] bearing clockwise to the 218[deg] bearing from the 
airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Pacific Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP HI E2 Honolulu, HI [New]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from the surface bounded by a 
line from lat. 21[deg]31'03'' N, long. 158[deg]04'30'' W; to lat. 
21[deg]31'25'' N, long. 158[deg]03'00'' W, thence clockwise along a 
2.6-mile radius of Wheeler AAF to lat. 21[deg]30'33'' N, long. 
158[deg]00'07'' W; to lat.

[[Page 34958]]

21[deg]28'41'' N, long. 157[deg]58'19'' W, thence clockwise along a 
3.7-mile radius of the airport to lat. 21[deg]25'46'' N, long. 
158[deg]04'24'' W; to lat. 21[deg]26'52'' N, long. 158[deg]04'31'' 
W; to lat. 21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat. 
21[deg]29'14'' N, long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N, 
long. 158[deg]03'59'' W; thence to the point of beginning; excluding 
that airspace below 1,800 feet MSL beyond 3.3 miles from the airport 
from the 89[deg] bearing clockwise to the 218[deg] bearing from the 
airport.

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

* * * * *

AWP HI E5 Honolulu, HI [Amended]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from 700 feet above the surface 
within a 4.2-mile radius of Wheeler AAF, excluding that portion 
within Restricted Area R-3109, when active.

    Issued in Seattle, Washington, on July 17, 2018.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-15738 Filed 7-23-18; 8:45 am]
 BILLING CODE 4910-13-P

34956 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules member shall have an alternate who DEPARTMENT OF TRANSPORTATION published yearly and effective on shall have the same qualifications as the September 15. member. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: * * * * * Steve Haga, Federal Aviation 14 CFR Part 71 Administration, Operations Support ■ 3. Revise § 956.21 to read as follows: [Docket No. FAA–2014–0878; Airspace Group, Western Service Center, 2200 S § 956.21 Term of office. Docket No. 14–AWP–10] 216th St., Des Moines, WA 98198–6547; telephone (206) 231–2252. (a) Except as otherwise provided in RIN 2120–AA66 SUPPLEMENTARY INFORMATION: paragraph (b) of this section, the term of Proposed Amendment of Class D and Authority for This Rulemaking office of grower and handler Committee Class E Airspace, and Establishment members and their respective alternates The FAA’s authority to issue rules of Class E Airspace; Honolulu, HI shall be two years beginning on June 1. regarding aviation safety is found in The terms shall be determined so that AGENCY: Federal Aviation Title 49 of the United States Code. one-half of the grower membership and Administration (FAA), DOT. Subtitle I, Section 106 describes the one-half of the handler membership ACTION: Notice of proposed rulemaking authority of the FAA Administrator. shall terminate every year. Members and (NPRM). Subtitle VII, Aviation Programs, alternates shall serve during the term of describes in more detail the scope of the office for which they are selected and SUMMARY: This action proposes to agency’s authority. This rulemaking is have been qualified, or during that modify Class D airspace, and Class E promulgated under the authority portion thereof beginning on the date on airspace extending upward from 700 described in Subtitle VII, Part A, feet above the surface, and establish Subpart I, Section 40103. Under that which they qualify during such term of Class E surface area airspace at Wheeler section, the FAA is charged with office and continuing until the end Army Airfield (AAF), Honolulu, HI. prescribing regulations to assign the use thereof, or until their successors are This action also would update the selected and have qualified. of airspace necessary to ensure the airport name and geographic safety of aircraft and the efficient use of (b) The term of office of the initial coordinates in the associated Class D airspace. This regulation is within the members and alternates shall begin as and E airspace areas to match the FAA’s scope of that authority, as it would soon as possible after the effective date aeronautical database, and would amend Class D and Class E airspace at of this subpart. One-half of the initial replace outdated language in the Wheeler Army Airfield (AAF), industry grower and handler members airspace description. An editorial Honolulu, HI, to support standard and alternates shall serve for a one year change to the airspace designations also instrument approach procedures for IFR term and one-half shall serve for a two would be made. operations at the airport. year term. The initial, as well as all DATES: Comments must be received on successive terms of office of the public or before September 7, 2018. Comments Invited member and alternate member shall be ADDRESSES: Send comments on this Interested parties are invited to for three years. proposal to the U.S. Department of participate in this proposed rulemaking (c) The consecutive terms of office for Transportation, Docket Operations, 1200 by submitting such written data, views, all members shall be limited to two two- New Jersey Avenue SE, West Building or arguments, as they may desire. year terms. There shall be no such Ground Floor, Room W12–140, Comments that provide the factual basis Washington, DC 20590; telephone: 1– supporting the views and suggestions limitation for alternate members. 800–647–5527, or (202) 366–9826. You presented are particularly helpful in ■ 4. Revise § 956.28 to read as follows: must identify FAA Docket No. FAA– developing reasoned regulatory 2014–0878; Airspace Docket No. 14– decisions on the proposal. Comments § 956.28 Procedure AWP–10, at the beginning of your are specifically invited on the overall (a) Four members of the Committee comments. You may also submit regulatory, aeronautical, economic, shall constitute a quorum, and four comments through the internet at http:// environmental, and energy-related concurring votes shall be required to www.regulations.gov. aspects of the proposal. pass any motion or approve any FAA Order 7400.11B, Airspace Communications should identify both Committee action, except that Designations and Reporting Points, and docket numbers and be submitted in recommendations made pursuant to subsequent amendments can be viewed triplicate to the address listed above. § 956.61 shall require five concurring online at http://www.faa.gov/air_traffic/ Persons wishing the FAA to votes. publications/. For further information, acknowledge receipt of their comments you can contact the Airspace Policy on this notice must submit with those * * * * * comments a self-addressed, stamped Group, Federal Aviation Dated: July 19, 2018. Administration, 800 Independence postcard on which the following Bruce Summers, Avenue SW, Washington, DC 20591; statement is made: ‘‘Comments to FAA– Administrator, Agricultural Marketing telephone: (202) 267–8783. The Order is 2014–0878; Airspace Docket No. 14– Service. also available for inspection at the AWP–10’’. The postcard will be date/ National Archives and Records time stamped and returned to the jstallworth on DSKBBY8HB2PROD with PROPOSALS [FR Doc. 2018–15792 Filed 7–23–18; 8:45 am] Administration (NARA). For commenter. BILLING CODE 3410–02–P information on the availability of FAA All communications received before Order 7400.11B at NARA, call (202) the specified closing date for comments 741–6030, or go to https:// will be considered before taking action www.archives.gov/federal-register/cfr/ on the proposed rule. The proposal ibr-locations.html. contained in this notice may be changed FAA Order 7400.11, Airspace in light of the comments received. A Designations and Reporting Points, is report summarizing each substantive VerDate Sep<11>2014 13:58 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\24JYP1.SGM 24JYP1

Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules 34957 public contact with FAA personnel removing the city associated with the List of Subjects in 14 CFR Part 71 concerned with this rulemaking will be airport name in the airspace designation Airspace, Incorporation by reference, filed in the docket. to comply with a recent change to FAA Navigation (air). Order 7400.2L, Procedures for Handling Availability of NPRMs The Proposed Amendment Airspace Matters. An electronic copy of this document Class E surface area airspace would be Accordingly, pursuant to the may be downloaded through the established to be coincident with the authority delegated to me, the Federal internet at http://www.regulations.gov. lateral dimensions of the Class D Aviation Administration proposes to Recently published rulemaking airspace, and would be effective amend 14 CFR part 71 as follows: documents can also be accessed through continuously to provide protection to the FAA’s web page at http:// instrument procedures. PART 71—DESIGNATION OF CLASS A, www.faa.gov/air_traffic/publications/ Class E airspace extending upward B, C, D, AND E AIRSPACE AREAS; AIR airspace_amendments/. from 700 feet would be modified to that TRAFFIC SERVICE ROUTES; AND You may review the public docket airspace within a 4.2-mile radius of REPORTING POINTS containing the proposal, any comments Wheeler AAF. The Koko Head VORTAC received, and any final disposition in navigation aid would be removed, as it ■ 1. The authority citation for 14 CFR person in the Dockets Office (see the is no longer needed to describe the part 71 continues to read as follows: ADDRESSES section for the address and boundary. Authority: 49 U.S.C. 106(f), 106(g), 40103, phone number) between 9:00 a.m. and Additionally, this action proposes to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 5:00 p.m., Monday through Friday, update the airport name from Wheeler 1959–1963 Comp., p. 389. except federal holidays. An informal AFB to Wheeler AAF, and the docket may also be examined during geographic coordinates for the § 71.1 [Amended] normal business hours at the Northwest associated Class D and Class E airspace ■ 2. The incorporation by reference in Mountain Regional Office of the Federal areas to match the FAA’s aeronautical 14 CFR 71.1 of FAA Order 7400.11B, Aviation Administration, Air Traffic database. Airspace Designations and Reporting Organization, Western Service Center, Class D and Class E airspace Points, dated August 3, 2017, and Operations Support Group, 2200 S designations are published in paragraph effective September 15, 2017, is 216th St., Des Moines, WA 98198–6547. 5000, 6002, and 6005, respectively, of amended as follows: FAA Order 7400.11B, dated August 3, Availability and Summary of Paragraph 5000 Class D Airspace. 2017, and effective September 15, 2017, Documents for Incorporation by which is incorporated by reference in 14 * * * * * Reference CFR 71.1. The Class D and E airspace AWP HI D Honolulu, HI [Amended] This document proposes to amend designations listed in this document Wheeler AAF, HI FAA Order 7400.11B, Airspace will be published subsequently in the (Lat. 21°28′53″ N, long. 158°02′16″ W) Designations and Reporting Points, Order. That airspace extending upward from the dated August 3, 2017, and effective surface to and including 3,300 feet MSL Regulatory Notices and Analyses September 15, 2017. FAA Order bounded by a line from lat. 21°31′03″ N, long. 7400.11B is publicly available as listed The FAA has determined that this 158°04′30″ W; to lat. 21°31′25″ N, long. in the ADDRESSES section of this regulation only involves an established 158°03′00″ W, thence clockwise along a 2.6- document. FAA Order 7400.11B lists body of technical regulations for which mile radius of Wheeler AAF to lat. 21°30′33″ Class A, B, C, D, and E airspace areas, frequent and routine amendments are N, long. 158°00′07″ W; to lat. 21°28′41″ N, air traffic service routes, and reporting necessary to keep them operationally long. 157°58′19″ W, thence clockwise along current, is non-controversial and a 3.7-mile radius of the airport to lat. points. unlikely to result in adverse or negative 21°25′46″ N, long. 158°04′24″ W; to lat. The Proposal 21°26′52″ N, long. 158°04′31″ W; to lat. comments. It, therefore: (1) Is not a 21°27′17″ N, long. 158°05′45″ W; to lat. The FAA is proposing an amendment ‘‘significant regulatory action’’ under 21°29′14″ N, long. 158°04′50″ W; to lat. to Title 14 Code of Federal Regulations Executive Order 12866; (2) is not a 21°30′18″ N, long. 158°03′59″ W; thence to (14 CFR) part 71 by modifying Class D ‘‘significant rule’’ under DOT the point of beginning, excluding that airspace, Class E airspace extending Regulatory Policies and Procedures (44 airspace below 1,800 feet MSL beyond 3.3 upward from 700 feet above the surface, FR 11034; February 26, 1979); and (3) miles from the airport from the 89° bearing and establishing Class E surface area does not warrant preparation of a clockwise to the 218° bearing from the airspace at Wheeler AAF, Honolulu, HI. regulatory evaluation as the anticipated airport. This Class D airspace area is effective Class D airspace extending upward impact is so minimal. Since this is a during the specific dates and times from the surface to and including 3,300 established in advance by a Notice to routine matter that will only affect air Airmen. The effective date and time will feet MSL would be modified to within traffic procedures and air navigation, it thereafter be continuously published in the a 2.6-mile radius of Wheeler AAF, is certified that this rule, when Pacific Chart Supplement. (formerly Wheeler AFB), then extend to promulgated, would not have a a 3.7-mile radius from the southeast to significant economic impact on a Paragraph 6002 Class E Airspace the southwest, adjoining the boundary Designated as Surface Areas. substantial number of small entities of Restricted Area R–3109 to the west, under the criteria of the Regulatory * * * * * excluding that airspace below 1,800 feet jstallworth on DSKBBY8HB2PROD with PROPOSALS Flexibility Act. AWP HI E2 Honolulu, HI [New] MSL beyond 3.3 miles from the airport Wheeler AAF, HI from the 89° bearing clockwise to the Environmental Review (Lat. 21°28′53″ N, long. 158°02′16″ W) 218° bearing from the airport. This proposal will be subject to an That airspace extending upward from the Additionally, an editorial change environmental analysis in accordance surface bounded by a line from lat. 21°31′03″ would be made to the Class D airspace with FAA Order 1050.1F, N, long. 158°04′30″ W; to lat. 21°31′25″ N, legal description removing the words ‘‘Environmental Impacts: Policies and long. 158°03′00″ W, thence clockwise along ‘‘Airport/Facility Directory’’. An Procedures’’ prior to any FAA final a 2.6-mile radius of Wheeler AAF to lat. editorial change also would be made regulatory action. 21°30′33″ N, long. 158°00′07″ W; to lat. VerDate Sep<11>2014 13:58 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\24JYP1.SGM 24JYP1

34958 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules 21°28′41″ N, long. 157°58′19″ W, thence (the ‘‘Act’’), we seek comment on B. Form S–8 Eligible Plan Participants clockwise along a 3.7-mile radius of the possible ways to modernize the C. Administrative Burdens airport to lat. 21°25′46″ N, long. 158°04′24″ exemption and the relationship between D. Form S–8 Generally W; to lat. 21°26′52″ N, long. 158°04′31″ W; IV. Conclusion it and Form S–8, consistent with to lat. 21°27′17″ N, long. 158°05′45″ W; to lat. 21°29′14″ N, long. 158°04′50″ W; to lat. investor protection. I. Overview 21°30′18″ N, long. 158°03′59″ W; thence to DATES: Comments should be received on Under the Securities Act, every offer the point of beginning; excluding that or before September 24, 2018. and sale of securities must be registered airspace below 1,800 feet MSL beyond 3.3 ADDRESSES: Comments may be or subject to an exemption from miles from the airport from the 89° bearing submitted by any of the following registration. The Commission has long clockwise to the 218° bearing from the methods: recognized that offers and sales of airport. securities as compensation present Paragraph 6005 Class E Airspace Areas Electronic Comments different issues than offers and sales Extending Upward From 700 Feet or More • Use the Commission’s internet that raise capital for the issuer of the Above the Surface of the Earth. comment form (http://www.sec.gov/ securities.1 Among other considerations, * * * * * rules/concept.shtml); or the Commission has recognized that the • Send an email to rule-comments@ relationship between the issuer and AWP HI E5 Honolulu, HI [Amended] sec.gov. Please include File Number S7– recipient of securities is often different Wheeler AAF, HI 18–18 on the subject line. in a compensatory rather than capital (Lat. 21°28′53″ N, long. 158°02′16″ W) Paper Comments raising transaction. The Commission has That airspace extending upward from 700 thus provided a limited exemption from feet above the surface within a 4.2-mile • Send paper comments to Brent J. registration—17 CFR 230.701 (Rule radius of Wheeler AAF, excluding that Fields, Secretary, Securities and portion within Restricted Area R–3109, when 701)—for certain compensatory Exchange Commission, 100 F Street NE, securities transactions as well as a active. Washington, DC 20549–1090. specialized form—Form S–8—for Issued in Seattle, Washington, on July 17, All submissions should refer to File registering certain compensatory 2018. Number S7–18–18. This file number transactions. Both Rule 701 and Form Shawn M. Kozica, should be included on the subject line S–8 require the issuer to make specific Group Manager, Operations Support Group, if email is used. To help us process and disclosures. However, depending on the Western Service Center. review your comments more efficiently, circumstances, compensatory [FR Doc. 2018–15738 Filed 7–23–18; 8:45 am] please use only one method. The transactions also may be conducted BILLING CODE 4910–13–P Commission will post all comments on under the Securities Act Section 4(a)(2) the Commission’s website (http:// exemption from registration or under a www.sec.gov/rules/concept.shtml). ‘‘no sale’’ theory,2 which would not SECURITIES AND EXCHANGE Comments are also available for website require specific disclosures. COMMISSION viewing and copying in the Equity compensation can be an Commission’s Public Reference Room, important component of the 17 CFR Part 230 100 F Street NE, Washington, DC 20549, employment relationship. Using equity [Release No. 33–10521; File No. S7–18–18] on official business days between the for compensation can align the hours of 10:00 a.m. and 3:00 p.m. All incentives of employees with the RIN 3235–AM38 comments received will be posted success of the enterprise, facilitate without change. Persons submitting Concept Release on Compensatory comments are cautioned that we do not 1 See, e.g., Release No. 33–3469–X (Apr. 10, 1953) Securities Offerings and Sales redact or edit personal identifying [18 FR 2182 (Apr. 17, 1953)] and Registration of Securities Offered Pursuant to Employees Stock AGENCY: Securities and Exchange information from comment submissions. Purchase Plans, Release No. 33–3480 (Jun. 16, Commission You should submit only information 1953) [18 FR 3688 (Jun. 27, 1953)], each observing that you wish to make available that the investment decision to be made by the ACTION: Concept release; request for employee is of a different character than when publicly. comment. securities are offered for the purpose of raising FOR FURTHER INFORMATION CONTACT: capital. SUMMARY: The Securities and Exchange Anne M. Krauskopf, Senior Special 2 See Changes to Exchange Act Registration Commission (‘‘Commission’’) is Requirements to Implement Title V and Title VI of Counsel, and Adam F. Turk, Special the JOBS Act, Release No. 33–10075 (May 3, 2016) publishing this release to solicit Counsel, Office of Chief Counsel, [81 FR 28689 (May 10, 2016)] at n. 82, stating ‘‘The comment on the exemption from Division of Corporation Finance, at ‘‘no sale’’ theory relates to the issuance of registration under the Securities Act of (202) 551–3500. compensatory grants made by employers to broad groups of employees pursuant to broad-based stock 1933 (the ‘‘Securities Act’’) for securities SUPPLEMENTARY INFORMATION: bonus plans without Securities Act registration issued by non-reporting companies under the theory that the awards are not an offer pursuant to compensatory Table of Contents or sale of securities under Section 2(a)(3) of the arrangements, and Form S–8, the Securities Act [15 U.S.C. 77b(a)(3)].’’ Where I. Overview securities are awarded to employees at no direct registration statement for compensatory II. Rule 701 cost through broad based bonus plans, the staff has offerings by reporting companies. A. Background taken the position generally that there has been no Significant evolution has taken place B. Rule 701(c) Eligible Plan Participants jstallworth on DSKBBY8HB2PROD with PROPOSALS sale since employees do not individually bargain to both in the types of compensatory C. Rule 701(e) Disclosure Requirements contribute cash or other tangible or definable 1. General consideration to such plans. Where securities are offerings issuers make and the awarded to or acquired by employees pursuant to composition of the workforce since the 2. Timing and Manner of Rule 701(e) Disclosure individual employment arrangements, however the Commission last substantively amended 3. Options and Other Derivative Securities/ staff has expressed the view that such arrangements these regulations. Therefore, as we involve separately bargained consideration, and a RSUs sale of the securities has occurred. See Employee amend the exemption as mandated by D. Rule 701(d) Exemptive Conditions Benefit Plans: Interpretations of Statute, Release the Economic Growth, Regulatory III. Form S–8 No. 33–6188 (Jan. 15, 1981) [29 FR 8960 (Feb. 11, Relief, and Consumer Protection Act A. Background 1980)] at Section II.A.5.d and n. 84. VerDate Sep<11>2014 13:58 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\24JYP1.SGM 24JYP1


Document Created: 2018-07-24 00:10:19
Document Modified: 2018-07-24 00:10:19
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 September 7, 2018.
ContactSteve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 2200 S 216th St., Des Moines, WA 98198-6547; telephone (206) 231-2252.
FR Citation83 FR 34956 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
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