83_FR_44383 83 FR 44214 - Amendment of Class D and Class E Airspace; Eastover, SC and Sumter, SC

83 FR 44214 - Amendment of Class D and Class E Airspace; Eastover, SC and Sumter, SC

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44214-44216
FR Document2018-18765

This action amends Class D airspace and Class E airspace extending upward from 700 feet above the surface at Mc Entire Joint National Guard Base (JNGB), Eastover, SC, to accommodate airspace reconfiguration due to the decommissioning of the Mc Entire non- directional radio beacon (NDB) and cancellation of the NDB approach. 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 Mc Entire JNGB, and Shaw AFB, and Sumter Airport, Sumter, SC, and updates the names of Mc Entire JNGB and Sumter Airport. In addition, an editorial change is made to the airspace designation in both Class D and E airspace.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44214-44216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18765]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0131; Airspace Docket No. 18-ASO-4]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Eastover, SC and 
Sumter, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D airspace and Class E airspace 
extending upward from 700 feet above the surface at Mc Entire Joint 
National Guard Base (JNGB), Eastover, SC, to accommodate airspace 
reconfiguration due to the decommissioning of the Mc Entire non-
directional radio beacon (NDB) and cancellation of the NDB approach. 
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 Mc Entire JNGB, and Shaw 
AFB, and Sumter Airport, Sumter, SC, and updates the names of Mc Entire 
JNGB and Sumter Airport. In addition, an editorial change is made to 
the airspace designation in both Class D and E airspace.

DATES: Effective 0901 UTC, November 8, 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 on line at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11B 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 Avenue, 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 Mc Entire JNGB, Shaw AFB, 
and Sumter Airport, Eastover and Sumter, SC, to support IFR operations 
at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (83 FR 14610, April 5, 2018) for Docket No. FAA-2018-0131 to 
amend Class D and Class E airspace extending upward from 700 feet above 
the surface at Mc Entire JNGB due to the decommissioning of the Mc 
Entire NDB, and cancellation of the NDB approach. The NPRM also advised 
of the proposed amendment to the geographic coordinates of Mc Entire 
JNGB, and Shaw AFB, and Sumter Airport, Sumter, SC, and the Mc Entire 
JNGB TACAN geographic coordinates. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. One comment was received from the Aircraft 
Owners and Pilots Association (AOPA) in support of the proposal. In 
their comment, AOPA stated that the NPRM did not comply with FAA 
guidance in Order 7400.2, Procedures for Handling Airspace Matters, 
because a graphic was not included in the docket. Additionally, AOPA 
encouraged the FAA to follow

[[Page 44215]]

their guidance by making the action effective date concurrent with 
publication of the VFR sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues 
related to the proposed changes to the airspace addressed in the NPRM. 
To the extent the FAA failed to follow its policies related to 
publishing graphics in the docket and coincidental to the sectional 
chart date, we note the following.
    The FAA provided graphics for this proposal on April 25, 2018. 
Nevertheless, specific to AOPA's comment regarding the FAA already 
creating a graphical depiction of new or modified airspace overlaid on 
a Sectional Chart for quality assurance purposes, this is not correct 
nor required in all cases. During the airspace reviews, airspace 
graphics may be created, if deemed necessary, to determine if there are 
terrain issues, or if cases are considered complex. However, in many 
cases, a graphic is not required when developing an airspace proposal.
    With respect to AOPA's comment addressing effective dates, FAA 
Order 7400.2L, para 2-3-7.a.4. states that, to the extent practicable, 
airspace areas and restricted areas should become effective on a 
sectional chart date and that consideration should be given to 
selecting a sectional chart date that matches a 56-day en route chart 
cycle date. The FAA does consider Class E airspace amendment effective 
dates to coincide with the publication of sectional charts, to the 
extent practicable; however, this consideration is accomplished after 
the NPRM comment period ends in the Final Rule. Substantive comments 
received to NPRMs, flight safety concerns, management of IFR operations 
at affected airports, and immediacy of required proposed airspace 
amendments are some of the factors that must be taken into 
consideration when selecting the appropriate effective date. After 
considering all factors, the FAA may determine that selecting an 
effective date that conforms to a 56-day en route chart cycle date that 
is not coincidental to sectional chart dates is better for the NAS and 
its users rather than awaiting the next sectional chart date.

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 amends Class D airspace and Class E airspace extending upward 
from 700 feet or more above the surface of Mc Entire JNGB, due to the 
decommissioning of the Mc Entire NDB, and cancellation of the NDB 
approach. The changes enhance the safety and management of IFR 
operations at the airport.
    The geographic coordinates of the Mc Entire JNGB, Shaw AFB, Sumter 
Airport, Sumter, and the Mc Entire JNGB TACAN also are adjusted to 
coincide with the FAA's aeronautical database, and the airport names 
are updated to Mc Entire JNGB (formerly Mc Entire ANGB), and Sumter 
Airport (formerly Sumter Municipal Airport). Also, this action updates 
the name of the Mc Entire ANGB TACAN navigation aid to the Mc Entire 
JNGB TACAN.
    Finally, an editorial change is made to the airspace designation, 
removing the city from the airport name associated with Mc Entire JNGB 
and Shaw AFB to comply with a recent change to FAA Order 7400.2L, 
Procedures for Handling Airspace Matters.
    Class D and E airspace designations are published in Paragraphs 
5000 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. 
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, and effective September 15, 2017, is 
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO SC D Eastover, SC [Amended]

Mc Entire JNGB, SC
    (Lat. 33[deg]55'15'' N, long. 80[deg]48'04'' W)

    That airspace extending upward from the surface to and including 
2,800 feet MSL within a 4.5-mile radius of Mc Entire JNGB. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the Chart 
Supplement.

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

* * * * *

ASO SC E5 Sumter, SC [Amended]

Shaw AFB, SC
    (Lat. 33[deg]58'22'' N, long. 80[deg]28'14'' W)
Mc Entire JNGB
    (Lat. 33[deg]55'15'' N, long. 80[deg]48'04'' W)
Mc Entire JNGB TACAN
    (Lat. 33[deg]55'27'' N, long. 80[deg]48'8'' W)
Sumter Airport, SC

[[Page 44216]]

    (Lat. 33[deg]59'42'' N, long. 80[deg]21'41'' W)

    That airspace extending upward from 700 feet above the surface 
within a 10-mile radius of Shaw AFB and within a 6.8-mile radius of 
Mc Entire JNGB and within 3 miles each side of Mc Entire JNGB TACAN 
138[deg] radial, extending from the 6.8-mile radius to 12 miles 
southeast of the TACAN and within a 7-mile radius of Sumter Airport; 
excluding that airspace contained within Restricted Area R-6002 when 
it is in use.

    Issued in College Park, Georgia, on August 22, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2018-18765 Filed 8-29-18; 8:45 am]
BILLING CODE 4910-13-P



                                           44214            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                           as RC may be deviated from using accepted                 Issued in Des Moines, Washington, on                Order 7400.11B at NARA, call (202)
                                           methods in accordance with the operator’s               August 21, 2018.                                      741–6030, or go to https://
                                           maintenance or inspection program without               James Cashdollar,                                     www.archives.gov/federal-register/cfr/
                                           obtaining approval of an AMOC, provided                 Acting Director, System Oversight Division,           ibr-locations.html.
                                           the procedures and tests identified as RC can           Aircraft Certification Service.                         FAA Order 7400.11, Airspace
                                           be done and the airplane can be put back in             [FR Doc. 2018–18734 Filed 8–29–18; 8:45 am]           Designations and Reporting Points, is
                                           an airworthy condition. Any substitutions or                                                                  published yearly and effective on
                                                                                                   BILLING CODE 4910–13–P
                                           changes to procedures or tests identified as                                                                  September 15.
                                           RC require approval of an AMOC.
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: John
                                           (j) Related Information                                 DEPARTMENT OF TRANSPORTATION                          Fornito, Operations Support Group,
                                              (1) Refer to Mandatory Continuing                                                                          Eastern Service Center, Federal Aviation
                                                                                                   Federal Aviation Administration
                                           Airworthiness Information (MCAI) EASA AD                                                                      Administration, 1701 Columbia Avenue,
                                           2018–0154, dated July 19, 2018, for related                                                                   College Park, GA 30337; telephone (404)
                                                                                                   14 CFR Part 71
                                           information. This MCAI may be found in the                                                                    305–6364.
                                           AD docket on the internet at http://                    [Docket No. FAA–2018–0131; Airspace                   SUPPLEMENTARY INFORMATION:
                                           www.regulations.gov by searching for and                Docket No. 18–ASO–4]
                                           locating Docket No. FAA–2018–0766.                                                                            Authority for This Rulemaking
                                                                                                   RIN 2120–AA66
                                              (2) For more information about this AD,                                                                      The FAA’s authority to issue rules
                                           contact Kathleen Arrigotti, Aerospace                   Amendment of Class D and Class E                      regarding aviation safety is found in
                                           Engineer, International Section, Transport
                                                                                                   Airspace; Eastover, SC and Sumter,                    Title 49 of the United States Code.
                                           Standards Branch, FAA, 2200 South 216th
                                                                                                   SC                                                    Subtitle I, Section 106 describes the
                                           St., Des Moines, WA 98198; telephone and
                                           fax 206–231–3218.
                                                                                                                                                         authority of the FAA Administrator.
                                                                                                   AGENCY:  Federal Aviation                             Subtitle VII, Aviation Programs,
                                              (3) For service information identified in            Administration (FAA), DOT.
                                           this AD, contact Airbus SAS, Airworthiness                                                                    describes in more detail the scope of the
                                                                                                   ACTION: Final rule.                                   agency’s authority. This rulemaking is
                                           Office—EAL, Rond-Point Emile Dewoitine
                                           No: 2, 31700 Blagnac Cedex, France;                                                                           promulgated under the authority
                                                                                                   SUMMARY:   This action amends Class D
                                           telephone +33 5 61 93 36 96; fax +33 5 61                                                                     described in Subtitle VII, Part A,
                                                                                                   airspace and Class E airspace extending
                                           93 45 80; email continued-                                                                                    Subpart I, Section 40103. Under that
                                                                                                   upward from 700 feet above the surface
                                           airworthiness.a350@airbus.com; internet                                                                       section, the FAA is charged with
                                                                                                   at Mc Entire Joint National Guard Base
                                           http://www.airbus.com. You may view this                                                                      prescribing regulations to assign the use
                                                                                                   (JNGB), Eastover, SC, to accommodate
                                           service information at the FAA, Transport                                                                     of airspace necessary to ensure the
                                                                                                   airspace reconfiguration due to the
                                           Standards Branch, 2200 South 216th St., Des                                                                   safety of aircraft and the efficient use of
                                           Moines, WA. For information on the                      decommissioning of the Mc Entire non-
                                                                                                                                                         airspace. This regulation is within the
                                           availability of this material at the FAA, call          directional radio beacon (NDB) and
                                                                                                                                                         scope of that authority as it amends
                                           206–231–3195.                                           cancellation of the NDB approach.
                                                                                                                                                         Class D and Class E airspace at Mc
                                                                                                   Controlled airspace is necessary for the
                                           (k) Material Incorporated by Reference                                                                        Entire JNGB, Shaw AFB, and Sumter
                                                                                                   safety and management of instrument
                                                                                                                                                         Airport, Eastover and Sumter, SC, to
                                              (1) The Director of the Federal Register             flight rules (IFR) operations at the
                                                                                                                                                         support IFR operations at these airports.
                                           approved the incorporation by reference                 airport. This action also updates the
                                           (IBR) of the service information listed in this         geographic coordinates of the Mc Entire               History
                                           paragraph under 5 U.S.C. 552(a) and 1 CFR               JNGB, and Shaw AFB, and Sumter
                                           part 51.                                                                                                         The FAA published a notice of
                                                                                                   Airport, Sumter, SC, and updates the                  proposed rulemaking in the Federal
                                              (2) You must use this service information            names of Mc Entire JNGB and Sumter
                                           as applicable to do the actions required by                                                                   Register (83 FR 14610, April 5, 2018) for
                                                                                                   Airport. In addition, an editorial change             Docket No. FAA–2018–0131 to amend
                                           this AD, unless this AD specifies otherwise.            is made to the airspace designation in
                                              (i) Airbus Alert Operators Transmission                                                                    Class D and Class E airspace extending
                                                                                                   both Class D and E airspace.                          upward from 700 feet above the surface
                                           (AOT) A26P004–18, Revision 00, dated June
                                           26, 2018.                                               DATES: Effective 0901 UTC, November 8,                at Mc Entire JNGB due to the
                                              (ii) Reserved.                                       2018. The Director of the Federal                     decommissioning of the Mc Entire NDB,
                                              (3) For service information identified in            Register approves this incorporation by               and cancellation of the NDB approach.
                                           this AD, contact Airbus SAS, Airworthiness              reference action under title 1, Code of               The NPRM also advised of the proposed
                                           Office—EAL, Rond-Point Emile Dewoitine                  Federal Regulations, part 51, subject to              amendment to the geographic
                                           No: 2, 31700 Blagnac Cedex, France;                     the annual revision of FAA Order                      coordinates of Mc Entire JNGB, and
                                           telephone +33 5 61 93 36 96; fax +33 5 61               7400.11 and publication of conforming                 Shaw AFB, and Sumter Airport, Sumter,
                                           93 45 80; email continued-                              amendments.                                           SC, and the Mc Entire JNGB TACAN
                                           airworthiness.a350@airbus.com; internet                 ADDRESSES: FAA Order 7400.11B,                        geographic coordinates. Interested
                                           http://www.airbus.com.                                  Airspace Designations and Reporting                   parties were invited to participate in
                                              (4) You may view this service information
                                                                                                   Points, and subsequent amendments can                 this rulemaking effort by submitting
                                           at the FAA, Transport Standards Branch,
                                                                                                   be viewed on line at http://                          written comments on the proposal to the
                                           2200 South 216th St., Des Moines, WA. For
                                           information on the availability of this
                                                                                                   www.faa.gov/air_traffic/publications/.                FAA. One comment was received from
                                           material at the FAA, call 206–231–3195.                 For further information, you can contact              the Aircraft Owners and Pilots
                                              (5) You may view this service information            the Airspace Policy Group, Federal                    Association (AOPA) in support of the
                                                                                                   Aviation Administration, 800                          proposal. In their comment, AOPA
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                                           that is incorporated by reference at the
                                           National Archives and Records                           Independence Avenue SW, Washington,                   stated that the NPRM did not comply
                                           Administration (NARA). For information on               DC 20591; telephone: (202) 267–8783.                  with FAA guidance in Order 7400.2,
                                           the availability of this material at NARA, call         The Order is also available for                       Procedures for Handling Airspace
                                           202–741–6030, or go to: http://                         inspection at the National Archives and               Matters, because a graphic was not
                                           www.archives.gov/federal-register/cfr/ibr-              Records Administration (NARA). For                    included in the docket. Additionally,
                                           locations.html.                                         information on the availability of FAA                AOPA encouraged the FAA to follow


                                      VerDate Sep<11>2014   16:35 Aug 29, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                              44215

                                           their guidance by making the action                     listed in the ADDRESSES section of this               Environmental Review
                                           effective date concurrent with                          document. FAA Order 7400.11B lists                       The FAA has determined that this
                                           publication of the VFR sectional chart                  Class A, B, C, D, and E airspace areas,               action qualifies for categorical exclusion
                                           publication date.                                       air traffic service routes, and reporting             under the National Environmental
                                              The FAA has determined AOPA’s                        points.                                               Policy Act in accordance with FAA
                                           comments raised no substantive issues
                                                                                                   The Rule                                              Order 1050.1F, ‘‘Environmental
                                           related to the proposed changes to the
                                                                                                      This amendment to Title 14, Code of                Impacts: Policies and Procedures,’’
                                           airspace addressed in the NPRM. To the
                                                                                                   Federal Regulations (14 CFR) part 71                  paragraph 5–6.5a. This airspace action
                                           extent the FAA failed to follow its
                                           policies related to publishing graphics                 amends Class D airspace and Class E                   is not expected to cause any potentially
                                           in the docket and coincidental to the                   airspace extending upward from 700                    significant environmental impacts, and
                                           sectional chart date, we note the                       feet or more above the surface of Mc                  no extraordinary circumstances exist
                                           following.                                              Entire JNGB, due to the                               that warrant preparation of an
                                              The FAA provided graphics for this                   decommissioning of the Mc Entire NDB,                 environmental assessment.
                                           proposal on April 25, 2018.                             and cancellation of the NDB approach.                 Lists of Subjects in 14 CFR Part 71
                                           Nevertheless, specific to AOPA’s                        The changes enhance the safety and
                                           comment regarding the FAA already                       management of IFR operations at the                    Airspace, Incorporation by reference,
                                           creating a graphical depiction of new or                airport.                                              Navigation (air).
                                           modified airspace overlaid on a                            The geographic coordinates of the Mc               Adoption of the Amendment
                                           Sectional Chart for quality assurance                   Entire JNGB, Shaw AFB, Sumter
                                                                                                   Airport, Sumter, and the Mc Entire                      In consideration of the foregoing, the
                                           purposes, this is not correct nor
                                                                                                   JNGB TACAN also are adjusted to                       Federal Aviation Administration
                                           required in all cases. During the
                                           airspace reviews, airspace graphics may                 coincide with the FAA’s aeronautical                  amends 14 CFR part 71 as follows:
                                           be created, if deemed necessary, to                     database, and the airport names are                   PART 71—DESIGNATION OF CLASS A,
                                           determine if there are terrain issues, or               updated to Mc Entire JNGB (formerly                   B, C, D, AND E AIRSPACE AREAS; AIR
                                           if cases are considered complex.                        Mc Entire ANGB), and Sumter Airport                   TRAFFIC SERVICE ROUTES; AND
                                           However, in many cases, a graphic is                    (formerly Sumter Municipal Airport).                  REPORTING POINTS
                                           not required when developing an                         Also, this action updates the name of
                                           airspace proposal.                                      the Mc Entire ANGB TACAN navigation                   ■ 1. The authority citation for part 71
                                              With respect to AOPA’s comment                       aid to the Mc Entire JNGB TACAN.                      continues to read as follows:
                                           addressing effective dates, FAA Order                      Finally, an editorial change is made to
                                           7400.2L, para 2–3–7.a.4. states that, to                the airspace designation, removing the                  Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                                                                         40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                           the extent practicable, airspace areas                  city from the airport name associated                 1959–1963 Comp., p. 389.
                                           and restricted areas should become                      with Mc Entire JNGB and Shaw AFB to
                                           effective on a sectional chart date and                 comply with a recent change to FAA                    § 71.1       [Amended]
                                           that consideration should be given to                   Order 7400.2L, Procedures for Handling                ■ 2. The incorporation by reference in
                                           selecting a sectional chart date that                   Airspace Matters.                                     14 CFR 71.1 of Federal Aviation
                                           matches a 56-day en route chart cycle                      Class D and E airspace designations
                                                                                                                                                         Administration Order 7400.11B,
                                           date. The FAA does consider Class E                     are published in Paragraphs 5000 and
                                                                                                                                                         Airspace Designations and Reporting
                                           airspace amendment effective dates to                   6005, respectively of FAA Order
                                                                                                                                                         Points, dated August 3, 2017, and
                                           coincide with the publication of                        7400.11B, dated August 3, 2017, and
                                                                                                                                                         effective September 15, 2017, is
                                           sectional charts, to the extent                         effective September 15, 2017, which is
                                                                                                                                                         amended as follows:
                                           practicable; however, this consideration                incorporated by reference in 14 CFR
                                           is accomplished after the NPRM                          71.1. The Class E airspace designation                Paragraph 5000      Class D Airspace.
                                           comment period ends in the Final Rule.                  listed in this document will be
                                                                                                                                                         *        *      *    *    *
                                           Substantive comments received to                        published subsequently in the Order.
                                           NPRMs, flight safety concerns,                                                                                ASO SC D Eastover, SC [Amended]
                                                                                                   Regulatory Notices and Analyses
                                           management of IFR operations at                                                                               Mc Entire JNGB, SC
                                           affected airports, and immediacy of                        The FAA has determined that this                     (Lat. 33°55′15″ N, long. 80°48′04″ W)
                                           required proposed airspace amendments                   regulation only involves an established                 That airspace extending upward from the
                                           are some of the factors that must be                    body of technical regulations for which               surface to and including 2,800 feet MSL
                                           taken into consideration when selecting                 frequent and routine amendments are                   within a 4.5-mile radius of Mc Entire JNGB.
                                           the appropriate effective date. After                   necessary to keep them operationally                  This Class D airspace area is effective during
                                           considering all factors, the FAA may                    current. It, therefore: (1) Is not a                  the specific dates and times established in
                                           determine that selecting an effective                   ‘‘significant regulatory action’’ under               advance by a Notice to Airmen. The effective
                                                                                                   Executive Order 12866; (2) is not a                   date and time will thereafter be continuously
                                           date that conforms to a 56-day en route                                                                       published in the Chart Supplement.
                                           chart cycle date that is not coincidental               ‘‘significant rule’’ under DOT
                                           to sectional chart dates is better for the              Regulatory Policies and Procedures (44                Paragraph 6005 Class E Airspace Areas
                                           NAS and its users rather than awaiting                  FR 11034; February 26, 1979); and (3)                 Extending Upward From 700 Feet or More
                                           the next sectional chart date.                          does not warrant preparation of a                     Above the Surface of the Earth.
                                                                                                   regulatory evaluation as the anticipated              *        *      *    *    *
                                           Availability and Summary of                             impact is so minimal. Since this is a
                                           Documents for Incorporation by                                                                                ASO SC E5 Sumter, SC [Amended]
                                                                                                   routine matter that only affects air traffic
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                                           Reference                                               procedures and air navigation, it is                  Shaw AFB, SC
                                                                                                                                                           (Lat. 33°58′22″ N, long. 80°28′14″ W)
                                             This document amends FAA Order                        certified that this rule, when                        Mc Entire JNGB
                                           7400.11B, Airspace Designations and                     promulgated, does not have a significant                (Lat. 33°55′15″ N, long. 80°48′04″ W)
                                           Reporting Points, dated August 3, 2017,                 economic impact on a substantial                      Mc Entire JNGB TACAN
                                           and effective September 15, 2017. FAA                   number of small entities under the                      (Lat. 33°55′27″ N, long. 80°48′8″ W)
                                           Order 7400.11B is publicly available as                 criteria of the Regulatory Flexibility Act.           Sumter Airport, SC



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                                           44216            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                             (Lat. 33°59′42″ N, long. 80°21′41″ W)                 including most of the world’s suppliers                  ECCN 1B117. This final rule amends
                                             That airspace extending upward from 700               of advanced missiles and missile-related              ECCN 1B117 by revising the heading to
                                           feet above the surface within a 10-mile radius          equipment, materials, software and                    remove the criteria for which ‘‘batch
                                           of Shaw AFB and within a 6.8-mile radius of             technology. The regime establishes a                  mixers’’ are controlled under this entry
                                           Mc Entire JNGB and within 3 miles each side             common list of controlled items (the                  and moves the criteria to the new
                                           of Mc Entire JNGB TACAN 138° radial,                    Annex) and a common export control                    ‘‘items’’ paragraphs a and b in the List
                                           extending from the 6.8-mile radius to 12
                                                                                                   policy (the Guidelines) that member                   of Items Controlled section. This final
                                           miles southeast of the TACAN and within a
                                           7-mile radius of Sumter Airport; excluding              countries implement in accordance with                rule, as a conforming change,
                                           that airspace contained within Restricted               their national export controls. The                   redesignates existing ‘‘items’’
                                           Area R–6002 when it is in use.                          MTCR seeks to limit the risk of                       paragraphs a and b as paragraphs c and
                                                                                                   proliferation of weapons of mass                      d (including redesignating the Note to
                                             Issued in College Park, Georgia, on August
                                           22, 2018.
                                                                                                   destruction by controlling exports of                 paragraph b as Note to paragraph d),
                                                                                                   goods and technologies that could make                respectively, so that all criteria that
                                           Ryan W. Almasy,
                                                                                                   a contribution to delivery systems (other             identify ‘‘batch mixers’’ that are
                                           Manager, Operations Support Group, Eastern              than manned aircraft) for such weapons.               controlled under ECCN 1B117 are in the
                                           Service Center, Air Traffic Organization.                  In 1993, the MTCR’s original focus on              List of Items Controlled section. These
                                           [FR Doc. 2018–18765 Filed 8–29–18; 8:45 am]             missiles for nuclear weapons delivery                 changes involving the rearranging of the
                                           BILLING CODE 4910–13–P                                  was expanded to include the                           existing text are being made for clarity
                                                                                                   proliferation of missiles for the delivery            and consistency within the MTCR
                                                                                                   of all types of weapons of mass                       Annex (MTCR Annex Change, Category
                                           DEPARTMENT OF COMMERCE                                  destruction (WMD), i.e., nuclear,                     II: Item 4.B.3., Dublin 2017 Plenary).
                                                                                                   chemical and biological weapons. Such                 These changes are not expected to have
                                           Bureau of Industry and Security                         proliferation has been identified as a                any impact on the number of license
                                                                                                   threat to international peace and                     applications received by BIS.
                                           15 CFR Part 774                                         security. One way to address this threat                 ECCN 1B118. This final rule amends
                                           [Docket No. 170906871–7871–01]                          is to maintain vigilance over the transfer            ECCN 1B118 by revising the heading to
                                                                                                   of missile equipment, material, and                   remove the criteria for which
                                           RIN 0694–AH46                                           related technologies usable for systems               ‘‘continuous mixers’’ are controlled
                                                                                                   capable of delivering WMD. MTCR                       under 1B118 and adds those criteria to
                                           Revisions to the Export Administration
                                                                                                   members voluntarily pledge to adopt the               the ‘‘items’’ paragraph in the List of
                                           Regulations Based on the 2017 Missile
                                                                                                   Regime’s export Guidelines and to                     Items Controlled section. This final rule
                                           Technology Control Regime Plenary                       restrict the export of items contained in             revises ‘‘items’’ paragraphs a and b to
                                           Agreements                                              the Regime’s Annex. The Regime’s                      include the control criteria that identify
                                           AGENCY:  Bureau of Industry and                         Guidelines are implemented through the                certain ‘‘continuous mixers’’ that are
                                           Security, Commerce.                                     national export control laws, regulations             controlled under ECCN 1B118. This
                                           ACTION: Final rule.                                     and policies of the regime members.                   final rule, as a conforming change, also
                                                                                                                                                         redesignates existing ‘‘items’’ paragraph
                                                                                                   Amendments to the Export
                                           SUMMARY:   The Bureau of Industry and                                                                         b as paragraph c, which includes criteria
                                                                                                   Administration Regulations (EAR)
                                           Security (BIS) is amending the Export                                                                         that identify other ‘‘continuous mixers’’
                                           Administration Regulations (EAR) to                       This final rule revises the Export                  that are controlled under ECCN 1B118.
                                           reflect changes to the Missile                          Administration Regulations (EAR) to                   The changes to paragraph b, which this
                                           Technology Control Regime (MTCR)                        reflect changes to the MTCR Annex                     rule redesignates as ‘‘items’’ paragraph
                                           Annex that were agreed to by MTCR                       agreed to at the October 2017 Plenary in              c.2, include making minor edits for
                                           member countries at the October 2017                    Dublin, Ireland, and changes resulting                clarity of the control parameters to more
                                           Plenary in Dublin, Ireland, and the May                 from the May 2017 Technical Experts                   clearly identify the shafts controlled
                                           2017 Technical Experts Meeting (TEM)                    Meeting (TEM) in Stockholm, Sweden.                   (MTCR Annex Change, Category II: Item
                                           in Stockholm, Sweden. This final rule                   References are provided below for the                 4.B.3.a., Dublin 2017 Plenary). These
                                           revises seventeen Export Control                        MTCR Annex changes agreed to at the                   changes involving the rearranging of the
                                           Classification Numbers (ECCNs) to                       meetings that correspond to the EAR                   existing text are being made for clarity
                                           implement the changes that were agreed                  revisions described below. This rule                  and consistency within the MTCR
                                           to at the meetings and to better align the              also makes changes to the Commerce                    Annex. These changes are not expected
                                           missile technology (MT) controls on the                 Control List (CCL) (Supplement No. 1 to               to have any impact on the number of
                                           Commerce Control List (CCL) with the                    part 774 of the EAR) to conform with                  license applications received by BIS.
                                           MTCR Annex.                                             the MTCR Annex. All of the changes in                    ECCN 1C111. This final rule amends
                                                                                                   this final rule align the MT controls on              ECCN 1C111 by revising ‘‘items’’
                                           DATES: This rule is effective August 30,
                                                                                                   the CCL with the MTCR Annex. In the                   paragraph a.1 in the List of Items
                                           2018.
                                                                                                   discussion below, BIS identifies the                  Controlled section. In ‘‘items’’
                                           FOR FURTHER INFORMATION CONTACT:                                                                              paragraph a.1, this final rule removes
                                                                                                   origin of each change in the regulatory
                                           Sharon Bragonje, Nuclear and Missile                    text of this final rule by using one the              the word ‘‘percent’’ and adds in its
                                           Technology Controls Division, Bureau                    following parenthetical phrases: (Dublin              place the ‘‘%’’ sign in the phrase ‘‘if at
                                           of Industry and Security, Phone: (202)                  2017 Plenary), (Stockholm 2017 TEM),                  least 10 percent of the total weight.’’
                                           482–0434; Email: sharon.bragonje@                       or (Changes to Align with MTCR                        This change is being made for
                                           bis.doc.gov.                                                                                                  consistency with the MTCR Annex
amozie on DSK3GDR082PROD with RULES




                                                                                                   Annex).
                                           SUPPLEMENTARY INFORMATION:                                                                                    (Changes to Align with MTCR Annex).
                                                                                                   Amendments to the Commerce Control                    This is a clarification and will not
                                           Background                                              List (CCL)                                            change any scope of control. This
                                             The Missile Technology Control                          This final rule amends the CCL to                   change is not expected to have any
                                           Regime (MTCR or Regime) is an export                    reflect changes to the MTCR Annex by                  impact on the number of license
                                           control arrangement among 35 nations,                   amending seventeen ECCNs, as follows:                 applications received by BIS.


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Document Created: 2018-08-30 01:21:38
Document Modified: 2018-08-30 01:21:38
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, November 8, 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 Avenue, College Park, GA 30337; telephone (404) 305-6364.
FR Citation83 FR 44214 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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