83_FR_45992 83 FR 45816 - Amendment of Class D Airspace; Olive Branch, MS

83 FR 45816 - Amendment of Class D Airspace; Olive Branch, MS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45816-45817
FR Document2018-19486

This action amends Class D airspace for Olive Branch Airport, Olive Branch, MS, by adding the Memphis Class B exclusionary language back into the legal description. The exclusionary language was inadvertently omitted from the final rule published July 30, 2018, amending Class D and Class E airspace at this airport.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45816-45817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19486]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0810; Airspace Docket No. 18-ASO-16]
RIN 2120-AA66


Amendment of Class D Airspace; Olive Branch, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Class D airspace for Olive Branch Airport, 
Olive Branch, MS, by adding the Memphis Class B exclusionary language 
back into the legal description. The exclusionary language was 
inadvertently omitted from the final rule published July 30, 2018, 
amending Class D and Class E airspace at this airport.

DATES: Effective 0901 UTC, September 11, 2018. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation

[[Page 45817]]

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 airspace at Olive Branch Airport, Olive Branch, 
MS, to support IFR operations at the airport.

History

    The FAA published a final rule in the Federal Register (83 FR 
36402; July 30, 2018) for Docket No. FAA-2017-0866 amending Class D 
airspace, removing Class E airspace, and establishing Class E airspace 
at Olive Branch Airport, Olive Branch, MS.
    Subsequent to publication, the FAA discovered the Memphis Class B 
airspace exclusionary language was omitted from the Class D legal 
description of the airport. This rule adds the Class B exclusionary 
language back into the legal description.
    Class D airspace designations are published in paragraph 5000, of 
FAA Order 7400.11B dated August 3, 2017, and effective September 15, 
2017, which is incorporated by reference in 14 CFR part 71.1. The Class 
D and E airspace designations listed in this document will be published 
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document 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 action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by adding to the Class D legal description for Olive Branch 
Airport, Olive Branch, MS, the following text that reads ``excluding 
that airspace within the Memphis Class B airspace area.''
    Accordingly, action is take herein to add this exclusion of Memphis 
Class B airspace to the legal description in the interest of flight 
safety. Therefore, I find that notice and public procedure under 5 
U.S.C. 553(b) are impracticable and contrary to the public interest.
    To avoid confusion on the part of pilots flying in the vicinity of 
Olive Branch Airport, Olive Branch, MS, the FAA finds good cause, 
pursuant to 5 U.S.C. 553(d), for making this rule effective in less 
than 30 days in order to promote the safe and efficient handling of air 
traffic in the area.

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. 
Therefore, this regulation: (1) Is not a ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.11B, Airspace Designations and Reporting 
Points, dated August 3, 2017, effective September 15, 2017, is amended 
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Olive Branch, MS [Amended]

Olive Branch Airport, MS
    (Lat. 34[deg]58'44'' N, long. 89[deg]47'13'' W)

    That airspace extending upward from the surface to and including 
2,900 feet within a 4.1-mile radius of Olive Branch Airport, 
excluding that airspace within the Memphis Class B airspace area. 
This Class D airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Chart Supplement.

    Issued in College Park, Georgia, on August 28, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2018-19486 Filed 9-10-18; 8:45 am]
 BILLING CODE 4910-13-P



                                             45816            Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations

                                             prescribing regulations to assign the use               associated with the airport name in the               Points, dated August 3, 2017, and
                                             of airspace necessary to ensure the                     airspace designation to comply with a                 effective September 15, 2017, is
                                             safety of aircraft and the efficient use of             recent change to FAA Order 7400.2L,                   amended as follows:
                                             airspace. This regulation is within the                 Procedures for Handling Airspace                      Paragraph 5000     Class D Airspace.
                                             scope of that authority as it will amend                Actions, dated October 12, 2017.
                                             Class D airspace, at Appleton                                                                                 *        *   *     *      *
                                                                                                     Regulatory Notices and Analyses
                                             International Airport, Appleton, WI, to                                                                       AGL WI D Appleton, WI [Amended]
                                             support instrument flight rules (IFR)                      The FAA has determined that this                   Appleton International Airport, WI
                                             operations at the airport.                              regulation only involves an established                 (Lat. 44°15′29″ N, long 88°31′09″ W)
                                                                                                     body of technical regulations for which                 That airspace extending upward from the
                                             History                                                 frequent and routine amendments are                   surface to and including 3,400 feet MSL
                                                The FAA published a notice of                        necessary to keep them operationally                  within a 4.2-mile radius of Appleton
                                             proposed rulemaking (NPRM) in the                       current, is non-controversial and                     International Airport. This Class D airspace
                                             Federal Register (83 FR 11445; March                    unlikely to result in adverse or negative             area is effective during the specific dates and
                                             15, 2018) for Docket No. FAA–2018–                      comments. It, therefore: (1) Is not a                 times established in advance by a Notice to
                                             0006 to modify Class D airspace at                      ‘‘significant regulatory action’’ under               Airmen. The effective date and time will
                                             Appleton International Airport,                         Executive Order 12866; (2) is not a                   thereafter be continuously published in the
                                                                                                                                                           Chart Supplement.
                                             Appleton, WI. Interested parties were                   ‘‘significant rule’’ under DOT
                                             invited to participate in this rulemaking               Regulatory Policies and Procedures (44                  Issued in Fort Worth, Texas, on August 31,
                                             effort by submitting written comments                   FR 11034; February 26, 1979); and (3)                 2018.
                                             on the proposal to the FAA. No                          does not warrant preparation of a                     Anthony Schneider,
                                             comments were received.                                 regulatory evaluation as the anticipated              Manager, Operations Support Group, ATO
                                                Class D airspace designations are                    impact is so minimal. Since this is a                 Central Service Center.
                                             published in paragraph 5000 of FAA                      routine matter that only affects air traffic          [FR Doc. 2018–19478 Filed 9–10–18; 8:45 am]
                                             Order 7400.11B, dated August 3, 2017,                   procedures and air navigation, it is                  BILLING CODE 4910–13–P
                                             and effective September 15, 2017, which                 certified that this rule, when
                                             is incorporated by reference in 14 CFR                  promulgated, does not have a significant
                                             71.1. The Class D airspace designations                 economic impact on a substantial                      DEPARTMENT OF TRANSPORTATION
                                             listed in this document will be                         number of small entities under the
                                             published subsequently in the Order.                    criteria of the Regulatory Flexibility Act.           Federal Aviation Administration
                                             Availability and Summary of                             Environmental Review                                  14 CFR Part 71
                                             Documents for Incorporation by
                                                                                                        The FAA has determined that this                   [Docket No. FAA–2018–0810; Airspace
                                             Reference
                                                                                                     action qualifies for categorical exclusion            Docket No. 18–ASO–16]
                                                This document amends FAA Order                       under the National Environmental
                                             7400.11B, Airspace Designations and                     Policy Act in accordance with FAA                     RIN 2120–AA66
                                             Reporting Points, dated August 3, 2017,                 Order 1050.1F, ‘‘Environmental
                                             and effective September 15, 2017. FAA                                                                         Amendment of Class D Airspace; Olive
                                                                                                     Impacts: Policies and Procedures,’’
                                             Order 7400.11B is publicly available as                                                                       Branch, MS
                                                                                                     paragraph 5–6.5.a. This airspace action
                                             listed in the ADDRESSES section of this                 is not expected to cause any potentially              AGENCY:  Federal Aviation
                                             document. FAA Order 7400.11B lists                      significant environmental impacts, and                Administration (FAA), DOT.
                                             Class A, B, C, D, and E airspace areas,                 no extraordinary circumstances exist                  ACTION: Final rule, technical
                                             air traffic service routes, and reporting               that warrant preparation of an                        amendment.
                                             points.                                                 environmental assessment.
                                             The Rule                                                                                                      SUMMARY:    This action amends Class D
                                                                                                     Lists of Subjects in 14 CFR Part 71
                                                                                                                                                           airspace for Olive Branch Airport, Olive
                                               This amendment to Title 14, Code of                    Airspace, Incorporation by reference,                Branch, MS, by adding the Memphis
                                             Federal Regulations (14 CFR) part 71                    Navigation (air).                                     Class B exclusionary language back into
                                             modifies Class D airspace extending                                                                           the legal description. The exclusionary
                                             upward from the surface to and                          Adoption of the Amendment
                                                                                                                                                           language was inadvertently omitted
                                             including 3,400 feet MSL within a 4.2-                    In consideration of the foregoing, the              from the final rule published July 30,
                                             mile radius (decreased from a 4.4-mile                  Federal Aviation Administration                       2018, amending Class D and Class E
                                             radius) of Appleton International                       amends 14 CFR part 71 as follows:                     airspace at this airport.
                                             Airport (formerly Outagamie County
                                                                                                     PART 71—DESIGNATION OF CLASS A,                       DATES: Effective 0901 UTC, September
                                             Airport), Appleton, WI. Airspace
                                             reconfiguration is necessary due to the                 B, C, D, AND E AIRSPACE AREAS; AIR                    11, 2018. The Director of the Federal
                                             decommissioning of the GAMIE LOM/                       TRAFFIC SERVICE ROUTES; AND                           Register approves this incorporation by
                                             OM.                                                     REPORTING POINTS                                      reference action under title 1, Code of
                                               This action also updates the airport                                                                        Federal Regulations, part 51, subject to
                                             name and geographic coordinates of the                  ■ 1. The authority citation for part 71               the annual revision of FAA Order
                                             airport to coincide with the FAA’s                      continues to read as follows:                         7400.11 and publication of conforming
                                             aeronautical database.                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                                                                           amendments.
                                                                                                                                                           ADDRESSES: FAA Order 7400.11B,
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                                               Additionally, this action makes an                    40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                             editorial change to the Class D airspace                1959–1963 Comp., p. 389.                              Airspace Designations and Reporting
                                             legal description replacing ‘‘Airport/                                                                        Points, and subsequent amendments can
                                                                                                     § 71.1   [Amended]                                    be viewed online at http://www.faa.gov/
                                             Facility Directory’’ with the term ‘‘Chart
                                             Supplement’’.                                           ■ 2. The incorporation by reference in                air_traffic/publications/. For further
                                               Finally, an editorial change would be                 14 CFR 71.1 of FAA Order 7400.11B,                    information, you can contact the
                                             made removing the name of the city                      Airspace Designations and Reporting                   Airspace Policy Group, Federal Aviation


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                                                              Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations                                             45817

                                             Administration, 800 Independence                        Availability and Summary of                           is not expected to cause any potentially
                                             Avenue SW, Washington, DC 20591;                        Documents for Incorporation by                        significant environmental impacts, and
                                             telephone: (202) 267–8783. The Order is                 Reference                                             no extraordinary circumstances exist
                                             also available for inspection at the                       This document amends FAA Order                     that warrant preparation of an
                                             National Archives and Records                           7400.11B, Airspace Designations and                   environmental assessment.
                                             Administration (NARA). For                              Reporting Points, dated August 3, 2017,
                                             information on the availability of FAA                                                                        Lists of Subjects in 14 CFR Part 71
                                                                                                     and effective September 15, 2017. FAA
                                             Order 7400.11B at NARA, call (202)                      Order 7400.11B is publicly available as                Airspace, Incorporation by reference,
                                             741–6030, or go to https://                             listed in the ADDRESSES section of this
                                             www.archives.gov/federal-register/cfr/                                                                        Navigation (air).
                                                                                                     document. FAA Order 7400.11B lists
                                             ibr-locations.html.                                     Class A, B, C, D, and E airspace areas,               Adoption of the Amendment
                                                FAA Order 7400.11, Airspace                          air traffic service routes, and reporting
                                             Designations and Reporting Points, is                   points.                                                 In consideration of the foregoing, the
                                             published yearly and effective on                                                                             Federal Aviation Administration
                                             September 15.                                           The Rule                                              amends 14 CFR part 71 as follows:
                                             FOR FURTHER INFORMATION CONTACT: John                      This action amends Title 14 Code of
                                             Fornito, Operations Support Group,                      Federal Regulations (14 CFR) part 71 by               PART 71—DESIGNATION OF CLASS A,
                                             Eastern Service Center, Federal Aviation                adding to the Class D legal description               B, C, D, AND E AIRSPACE AREAS; AIR
                                             Administration, 1701 Columbia Avenue,                   for Olive Branch Airport, Olive Branch,               TRAFFIC SERVICE ROUTES; AND
                                             College Park, GA 30337; telephone (404)                 MS, the following text that reads                     REPORTING POINTS
                                             305–6364.                                               ‘‘excluding that airspace within the
                                             SUPPLEMENTARY INFORMATION:                              Memphis Class B airspace area.’’                      ■ 1. The authority citation for part 71
                                                                                                        Accordingly, action is take herein to              continues to read as follows:
                                             Authority for This Rulemaking                           add this exclusion of Memphis Class B
                                               The FAA’s authority to issue rules                                                                            Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                     airspace to the legal description in the
                                             regarding aviation safety is found in                                                                         40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                     interest of flight safety. Therefore, I find
                                             Title 49 of the United States Code.                                                                           1959–1963 Comp., p. 389.
                                                                                                     that notice and public procedure under
                                             Subtitle I, Section 106 describes the                   5 U.S.C. 553(b) are impracticable and                 § 71.1       [Amended]
                                             authority of the FAA Administrator.                     contrary to the public interest.
                                             Subtitle VII, Aviation Programs,                           To avoid confusion on the part of                  ■ 2. The incorporation by reference in
                                             describes in more detail the scope of the               pilots flying in the vicinity of Olive                14 CFR 71.1 of Federal Aviation
                                             agency’s authority. This rulemaking is                  Branch Airport, Olive Branch, MS, the                 Administration Order 7400.11B,
                                             promulgated under the authority                         FAA finds good cause, pursuant to 5                   Airspace Designations and Reporting
                                             described in Subtitle VII, Part A,                      U.S.C. 553(d), for making this rule                   Points, dated August 3, 2017, effective
                                             Subpart I, Section 40103. Under that                    effective in less than 30 days in order to            September 15, 2017, is amended as
                                             section, the FAA is charged with                        promote the safe and efficient handling               follows:
                                             prescribing regulations to assign the use               of air traffic in the area.
                                             of airspace necessary to ensure the                                                                           Paragraph 5000       Class D Airspace.
                                                                                                     Regulatory Notices and Analyses
                                             safety of aircraft and the efficient use of                                                                   *        *      *    *     *
                                             airspace. This regulation is within the                    The FAA has determined that this
                                             scope of that authority as it amends                    regulation only involves an established               ASO MS D         Olive Branch, MS [Amended]
                                             Class D airspace at Olive Branch                        body of technical regulations for which               Olive Branch Airport, MS
                                             Airport, Olive Branch, MS, to support                   frequent and routine amendments are                     (Lat. 34°58′44″ N, long. 89°47′13″ W)
                                             IFR operations at the airport.                          necessary to keep them operationally                    That airspace extending upward from the
                                                                                                     current. Therefore, this regulation: (1) Is           surface to and including 2,900 feet within a
                                             History                                                 not a ‘‘significant regulatory action’’               4.1-mile radius of Olive Branch Airport,
                                                The FAA published a final rule in the                under Executive Order 12866; (2) is not               excluding that airspace within the Memphis
                                             Federal Register (83 FR 36402; July 30,                 a ‘‘significant rule’’ under DOT                      Class B airspace area. This Class D airspace
                                             2018) for Docket No. FAA–2017–0866                      Regulatory Policies and Procedures (44                area is effective during the specific days and
                                             amending Class D airspace, removing                     FR 11034; February 26, 1979); and (3)                 times established in advance by a Notice to
                                             Class E airspace, and establishing Class                does not warrant preparation of a                     Airmen. The effective days and times will
                                             E airspace at Olive Branch Airport,                     regulatory evaluation as the anticipated              thereafter be continuously published in the
                                             Olive Branch, MS.                                       impact is so minimal. Since this is a                 Chart Supplement.
                                                Subsequent to publication, the FAA                   routine matter that only affects air traffic
                                             discovered the Memphis Class B                                                                                  Issued in College Park, Georgia, on August
                                                                                                     procedures and air navigation, it is
                                             airspace exclusionary language was                                                                            28, 2018.
                                                                                                     certified that this rule, when
                                             omitted from the Class D legal                          promulgated, does not have a significant              Ryan W. Almasy,
                                             description of the airport. This rule adds              economic impact on a substantial                      Manager, Operations Support Group, Eastern
                                             the Class B exclusionary language back                  number of small entities under the                    Service Center, Air Traffic Organization.
                                             into the legal description.                             criteria of the Regulatory Flexibility Act.           [FR Doc. 2018–19486 Filed 9–10–18; 8:45 am]
                                                Class D airspace designations are                                                                          BILLING CODE 4910–13–P
                                             published in paragraph 5000, of FAA                     Environmental Review
                                             Order 7400.11B dated August 3, 2017,                      The FAA has determined that this
daltland on DSKBBV9HB2PROD with RULES




                                             and effective September 15, 2017, which                 action qualifies for categorical exclusion
                                             is incorporated by reference in 14 CFR                  under the National Environmental
                                             part 71.1. The Class D and E airspace                   Policy Act in accordance with FAA
                                             designations listed in this document                    Order 1050.1F, ‘‘Environmental
                                             will be published subsequently in the                   Impacts: Policies and Procedures,’’
                                             Order.                                                  paragraph 5–6.5a. This airspace action


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Document Created: 2018-09-11 01:02:24
Document Modified: 2018-09-11 01:02:24
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, technical amendment.
DatesEffective 0901 UTC, September 11, 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 45816 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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