83_FR_52033 83 FR 51834 - Establishment of Class D and E Airspace, and Amendment of Class E Airspace; Austin, TX

83 FR 51834 - Establishment of Class D and E Airspace, and Amendment of Class E Airspace; Austin, TX

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 199 (October 15, 2018)

Page Range51834-51836
FR Document2018-22185

This action establishes Class D airspace, Class E surface airspace, and amends Class E airspace extending upward from 700 feet above the surface at Austin Executive Airport, Austin, TX. The FAA conducted an airspace review and determined that airspace redesign is necessary due to the establishment of an air traffic control tower at the airport. Also, an editorial change is made removing the city associated with the airport names in the exiting Class E airspace. This action enhances the safety and management of instrument flight rules (IFR) operations at these airports. Additionally, exclusionary language is added, which was inadvertently left out of the Class D airspace description, and the geographic coordinates are corrected for Lago Vista-Rusty Allen Airport.

Federal Register, Volume 83 Issue 199 (Monday, October 15, 2018)
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51834-51836]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-9378; Airspace Docket No. 17-ASW-13]
RIN 2120-AA66


Establishment of Class D and E Airspace, and Amendment of Class E 
Airspace; Austin, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class D airspace, Class E surface 
airspace, and amends Class E airspace extending upward from 700 feet 
above the surface at Austin Executive Airport, Austin, TX. The FAA 
conducted an airspace review and determined that airspace redesign is 
necessary due to the establishment of an air traffic control tower at 
the airport. Also, an editorial change is made removing the city 
associated with the airport names in the exiting Class E airspace. This 
action enhances the safety and management of instrument flight rules 
(IFR) operations at these airports. Additionally, exclusionary language 
is added, which was inadvertently left out of the Class D airspace 
description, and the geographic coordinates are corrected for Lago 
Vista-Rusty Allen Airport.

DATES: Effective 0901 UTC, January 3, 2019. 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 7400.11C, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11C at NARA, call (202) 741-6030, or go 
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it would support IFR operations at Austin Executive Airport, Austin, 
TX.

History

    On February 1, 2018, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class D and Class E 
surface airspace, and amend Class E airspace extending upward from 700 
feet above the surface at Austin Executive Airport, Austin, TX (83 FR 
4613) Docket No. FAA-2017-9378.
    Subsequent to publication, the FAA found the Class C airspace 
exclusion was omitted from the Class D airspace description for Austin 
Executive Airport. Also, the geographic coordinates for Lago Vista-
Rusty Allen Airport are updated in this rule.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. Five 
comments were received in support of the proposal.
    In their comment, AOPA stated that the NPRM did not comply with FAA 
guidance in FAA Order 7400.2L, Procedures for Handling Airspace 
Matters, because a graphic was not included in the docket. 
Additionally, AOPA encouraged the FAA to follow

[[Page 51835]]

their guidance in the Order by making the action effective date 
coincidental to the sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues 
with respect to the proposed changes to the airspace addressed in the 
NPRM. To the extent the FAA failed to follow its policy guidance 
reference publishing graphics in the docket and establishing the Class 
D airspace effective date to match the sectional chart date, we note 
the following.
    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 any terrain 
issues, or if cases are considered complex. However, in many cases when 
developing an airspace amendment proposal, a graphic is not required.
    With respect to AOPA's comment addressing effective dates, FAA 
Order 7400.2L, paragraph 2-3-7.a.4. states that, to the extent 
practicable, Class D airspace area and restricted area rules 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 D and 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 National Airspace System and its users than 
awaiting the next sectional chart date.
    Class D and E airspace designations are published in paragraph 
5000, 6002, and 6005, respectively, of FAA Order 7400.11C, dated August 
13, 2018, and effective September 15, 2018, which is incorporated by 
reference in 14 CFR 71.1. The Class D and E airspace designations 
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and 
Reporting Points, dated August 13, 2018, and effective September 15, 
2018. FAA Order 7400.11C is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11C lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA amends Title 14 Code of Federal Regulations (14 CFR) part 
71 by:
    Establishing Class D airspace at Austin Executive Airport, Austin, 
TX, within a 4.1-mile radius of the airport, and adding to the airspace 
description ``excluding the Austin Class C airspace''. Establishing 
Class E surface airspace within a 4.1-mile radius of Austin Executive 
Airport, Austin, TX; and
    Amending Class E airspace extending upward from 700 feet above the 
surface to within a 6.3-mile radius (decreased from a 6.5-mile radius) 
of Austin Executive Airport, and within 2 miles each side of the 
131[deg] bearing (previously the 132[deg] bearing) from the airport 
extending from the 6.3-mile radius to 11.3 miles (increased from a 
10.4-miles) southeast of the airport, and within 2 miles each side of 
the 311[deg] bearing from the airport extending from the 6.3-mile 
radius to 10.5 miles (decreased from 11.2 miles) northwest of the 
airport. Also, due to a change to FAA Order 7400.2L, Procedures for 
Handling Airspace Matters, the city name is removed from Lakeway 
Airpark, Austin Executive Airport, and Lago Vista-Rusty Allen Airport.
    Class D and E airspace areas are published in paragraph 5000, 6002, 
and 6005, respectively, of FAA Order 7400.11C, dated August 13, 2018, 
and effective September 15, 2018, which is incorporated by reference in 
14 CFR 71.1. The Class E airspace designations listed in this document 
will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018, and 
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.1-mile radius of Austin Executive Airport, 
excluding the Austin Class C airspace. 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

[[Page 51836]]

thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Area Airspace.

ASW TX E2 Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace within a 4.1-mile radius of Austin Executive 
Airport, excluding the Austin Class C airspace. This Class E 
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.

ASW TX E5 Austin, TX [Amended]

Point of Origin
    (Lat. 30[deg]17'55'' N, long. 97[deg]42'06'' W)
Lakeway Airpark, TX
    (Lat. 30[deg]21'27'' N, long. 97[deg]59'40'' W)
Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)
Lago Vista-Rusty Allen Airport, TX
    (Lat. 30[deg]29'55'' N, long. 97[deg]58'10'' W)

    That airspace extending upward from 700 feet above the surface 
within a 14-miles radius of the Point of Origin, and within a 6.4-
mile radius of Lakeway Airpark, and within a 6.4-mile radius of Lago 
Vista-Rusty Allen Airport, and within a 6.3-mile radius of Austin 
Executive Airport, and within 2 miles each side of the 131[deg] 
bearing from Austin Executive Airport, extending from the 6.3-mile 
radius to 11.3 miles southeast of the airport, and within 2 miles 
each side of the 311[deg] bearing from Austin Executive Airport 
extending from the 6.3-mile radius to 10.5 miles northwest of the 
airport.

    Issued in Fort Worth, Texas, on October 3, 2018.
Walter Tweedy,
Manager (A), Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-22185 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P



                                             51834               Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations

                                             unlikely to result in adverse or negative                    Issued in Fort Worth, Texas, on October 3,          information on the availability of FAA
                                             comments. It, therefore: (1) Is not a                      2018.                                                 Order 7400.11C at NARA, call (202)
                                             ‘‘significant regulatory action’’ under                    Walter Tweedy,                                        741–6030, or go to https://
                                             Executive Order 12866; (2) is not a                        Acting Manager, Operations Support Group,             www.archives.gov/federal-register/cfr/
                                             ‘‘significant rule’’ under DOT                             ATO Central Service Center.                           ibr-locations.html.
                                             Regulatory Policies and Procedures (44                     [FR Doc. 2018–22178 Filed 10–12–18; 8:45 am]            FAA Order 7400.11, Airspace
                                             FR 11034; February 26, 1979); and (3)                      BILLING CODE 4910–13–P                                Designations and Reporting Points, is
                                             does not warrant preparation of a                                                                                published yearly and effective on
                                             regulatory evaluation as the anticipated                                                                         September 15.
                                             impact is so minimal. Since this is a                      DEPARTMENT OF TRANSPORTATION                          FOR FURTHER INFORMATION CONTACT:
                                             routine matter that only affects air traffic                                                                     Rebecca Shelby, Federal Aviation
                                             procedures and air navigation, it is                       Federal Aviation Administration
                                                                                                                                                              Administration, Operations Support
                                             certified that this rule, when                                                                                   Group, Central Service Center, 10101
                                             promulgated, does not have a significant                   14 CFR Part 71
                                                                                                                                                              Hillwood Parkway, Fort Worth, TX
                                             economic impact on a substantial                           [Docket No. FAA–2017–9378; Airspace                   76177; telephone (817) 222–5857.
                                             number of small entities under the                         Docket No. 17–ASW–13]                                 SUPPLEMENTARY INFORMATION:
                                             criteria of the Regulatory Flexibility Act.
                                                                                                        RIN 2120–AA66                                         Authority for This Rulemaking
                                             Environmental Review
                                                The FAA has determined that this                        Establishment of Class D and E                          The FAA’s authority to issue rules
                                             action qualifies for categorical exclusion                 Airspace, and Amendment of Class E                    regarding aviation safety is found in
                                             under the National Environmental                           Airspace; Austin, TX                                  Title 49 of the United States Code.
                                             Policy Act in accordance with FAA                                                                                Subtitle I, Section 106 describes the
                                                                                                        AGENCY:  Federal Aviation                             authority of the FAA Administrator.
                                             Order 1050.1F, ‘‘Environmental                             Administration (FAA), DOT.
                                             Impacts: Policies and Procedures,’’                                                                              Subtitle VII, Aviation Programs,
                                                                                                        ACTION: Final rule.                                   describes in more detail the scope of the
                                             paragraph 5–6.5.a. This airspace action
                                             is not expected to cause any potentially                                                                         agency’s authority. This rulemaking is
                                                                                                        SUMMARY:    This action establishes Class
                                             significant environmental impacts, and                                                                           promulgated under the authority
                                                                                                        D airspace, Class E surface airspace, and
                                             no extraordinary circumstances exist                                                                             described in Subtitle VII, Part A,
                                                                                                        amends Class E airspace extending
                                             that warrant preparation of an                                                                                   Subpart I, Section 40103. Under that
                                                                                                        upward from 700 feet above the surface
                                             environmental assessment.                                                                                        section, the FAA is charged with
                                                                                                        at Austin Executive Airport, Austin, TX.
                                                                                                                                                              prescribing regulations to assign the use
                                             List of Subjects in 14 CFR Part 71                         The FAA conducted an airspace review
                                                                                                                                                              of airspace necessary to ensure the
                                                                                                        and determined that airspace redesign is
                                               Airspace, Incorporation by reference,                                                                          safety of aircraft and the efficient use of
                                                                                                        necessary due to the establishment of an
                                             Navigation (air).                                                                                                airspace. This regulation is within the
                                                                                                        air traffic control tower at the airport.
                                                                                                                                                              scope of that authority as it would
                                             Adoption of the Amendment                                  Also, an editorial change is made
                                                                                                                                                              support IFR operations at Austin
                                               In consideration of the foregoing, the                   removing the city associated with the
                                                                                                                                                              Executive Airport, Austin, TX.
                                             Federal Aviation Administration                            airport names in the exiting Class E
                                             amends 14 CFR part 71 as follows:                          airspace. This action enhances the                    History
                                                                                                        safety and management of instrument                     On February 1, 2018, the FAA
                                             PART 71—DESIGNATION OF CLASS A,                            flight rules (IFR) operations at these                published in the Federal Register a
                                             B, C, D, AND E AIRSPACE AREAS; AIR                         airports. Additionally, exclusionary                  notice of proposed rulemaking (NPRM)
                                             TRAFFIC SERVICE ROUTES; AND                                language is added, which was                          to establish Class D and Class E surface
                                             REPORTING POINTS                                           inadvertently left out of the Class D                 airspace, and amend Class E airspace
                                                                                                        airspace description, and the geographic              extending upward from 700 feet above
                                             ■ 1. The authority citation for part 71                    coordinates are corrected for Lago Vista-
                                             continues to read as follows:                                                                                    the surface at Austin Executive Airport,
                                                                                                        Rusty Allen Airport.                                  Austin, TX (83 FR 4613) Docket No.
                                               Authority: 49 U.S.C. 106(f), 106(g); 40103,              DATES: Effective 0901 UTC, January 3,                 FAA–2017–9378.
                                             40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               2019. The Director of the Federal                       Subsequent to publication, the FAA
                                             1959–1963 Comp., p. 389.                                   Register approves this incorporation by               found the Class C airspace exclusion
                                             § 71.1       [Amended]                                     reference action under Title 1 Code of                was omitted from the Class D airspace
                                                                                                        Federal Regulations part 51, subject to               description for Austin Executive
                                             ■ 2. The incorporation by reference in                     the annual revision of FAA Order
                                             14 CFR 71.1 of FAA Order 7400.11C,                                                                               Airport. Also, the geographic
                                                                                                        7400.11 and publication of conforming                 coordinates for Lago Vista-Rusty Allen
                                             Airspace Designations and Reporting                        amendments.
                                             Points, dated August 13, 2018, and                                                                               Airport are updated in this rule.
                                             effective September 15, 2018, is                           ADDRESSES: FAA Order 7400.11C,                          Interested parties were invited to
                                             amended as follows:                                        Airspace Designations and Reporting                   participate in this rulemaking effort by
                                                                                                        Points, and subsequent amendments can                 submitting written comments on the
                                             Paragraph 6005 Class E Airspace Areas                      be viewed online at http://www.faa.gov/               proposal to the FAA. Five comments
                                             Extending Upward From 700 Feet or More                     air_traffic/publications/. For further                were received in support of the
                                             Above the Surface of the Earth.
                                                                                                        information, you can contact the                      proposal.
khammond on DSK30JT082PROD with RULES




                                             *        *      *       *      *                           Airspace Policy Group, Federal Aviation                 In their comment, AOPA stated that
                                             AGL OH E5 Wooster, OH [Amended]                            Administration, 800 Independence                      the NPRM did not comply with FAA
                                             Wayne County Airport, OH                                   Avenue SW, Washington, DC 20591;                      guidance in FAA Order 7400.2L,
                                               (Lat. 40°52′29″ N, long. 81°53′18″ W)                    telephone: (202) 267–8783. The Order is               Procedures for Handling Airspace
                                             That airspace extending upward from 700                    also available for inspection at the                  Matters, because a graphic was not
                                             feet above the surface within a 6.5-mile                   National Archives and Records                         included in the docket. Additionally,
                                             radius of Wayne County Airport.                            Administration (NARA). For                            AOPA encouraged the FAA to follow


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                                                              Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations                                               51835

                                             their guidance in the Order by making                   Availability and Summary of                           Regulatory Policies and Procedures (44
                                             the action effective date coincidental to               Documents for Incorporation by                        FR 11034; February 26, 1979); and (3)
                                             the sectional chart publication date.                   Reference                                             does not warrant preparation of a
                                                The FAA has determined AOPA’s                          This document amends FAA Order                      regulatory evaluation as the anticipated
                                             comments raised no substantive issues                   7400.11C, Airspace Designations and                   impact is so minimal. Since this is a
                                             with respect to the proposed changes to                 Reporting Points, dated August 13,                    routine matter that only affects air traffic
                                             the airspace addressed in the NPRM. To                  2018, and effective September 15, 2018.               procedures and air navigation, it is
                                             the extent the FAA failed to follow its                 FAA Order 7400.11C is publicly                        certified that this rule, when
                                             policy guidance reference publishing                    available as listed in the ADDRESSES                  promulgated, does not have a significant
                                             graphics in the docket and establishing                 section of this document. FAA Order                   economic impact on a substantial
                                             the Class D airspace effective date to                  7400.11C lists Class A, B, C, D, and E                number of small entities under the
                                             match the sectional chart date, we note                 airspace areas, air traffic service routes,           criteria of the Regulatory Flexibility Act.
                                             the following.                                          and reporting points.                                 Environmental Review
                                                Specific to AOPA’s comment
                                             regarding the FAA already creating a                    The Rule                                                 The FAA has determined that this
                                             graphical depiction of new or modified                     The FAA amends Title 14 Code of                    action qualifies for categorical exclusion
                                             airspace overlaid on a Sectional Chart                  Federal Regulations (14 CFR) part 71 by:              under the National Environmental
                                             for quality assurance purposes, this is                    Establishing Class D airspace at                   Policy Act in accordance with FAA
                                             not correct nor required in all cases.                  Austin Executive Airport, Austin, TX,                 Order 1050.1F, ‘‘Environmental
                                             During the airspace reviews, airspace                   within a 4.1-mile radius of the airport,              Impacts: Policies and Procedures,’’
                                             graphics may be created, if deemed                      and adding to the airspace description                paragraph 5–6.5.a. This airspace action
                                             necessary, to determine if there are any                ‘‘excluding the Austin Class C                        is not expected to cause any potentially
                                             terrain issues, or if cases are considered              airspace’’. Establishing Class E surface              significant environmental impacts, and
                                             complex. However, in many cases when                    airspace within a 4.1-mile radius of                  no extraordinary circumstances exist
                                             developing an airspace amendment                        Austin Executive Airport, Austin, TX;                 that warrant preparation of an
                                             proposal, a graphic is not required.                    and                                                   environmental assessment.
                                                With respect to AOPA’s comment                          Amending Class E airspace extending                Lists of Subjects in 14 CFR Part 71
                                             addressing effective dates, FAA Order                   upward from 700 feet above the surface
                                             7400.2L, paragraph 2–3–7.a.4. states                    to within a 6.3-mile radius (decreased                 Airspace, Incorporation by reference,
                                             that, to the extent practicable, Class D                from a 6.5-mile radius) of Austin                     Navigation (air).
                                             airspace area and restricted area rules                 Executive Airport, and within 2 miles
                                             should become effective on a sectional                                                                        Adoption of the Amendment
                                                                                                     each side of the 131° bearing (previously
                                             chart date and that consideration should                the 132° bearing) from the airport                      In consideration of the foregoing, the
                                             be given to selecting a sectional chart                 extending from the 6.3-mile radius to                 Federal Aviation Administration
                                             date that matches a 56-day en route                     11.3 miles (increased from a 10.4-miles)              amends 14 CFR part 71 as follows:
                                             chart cycle date. The FAA does consider                 southeast of the airport, and within 2
                                             Class D and E airspace amendment                        miles each side of the 311° bearing from              PART 71—DESIGNATION OF CLASS A,
                                             effective dates to coincide with the                    the airport extending from the 6.3-mile               B, C, D, AND E AIRSPACE AREAS; AIR
                                             publication of sectional charts, to the                 radius to 10.5 miles (decreased from                  TRAFFIC SERVICE ROUTES; AND
                                             extent practicable; however, this                       11.2 miles) northwest of the airport.                 REPORTING POINTS
                                             consideration is accomplished after the                 Also, due to a change to FAA Order
                                             NPRM comment period ends in the final                   7400.2L, Procedures for Handling                      ■ 1. The authority citation for part 71
                                             rule. Substantive comments received to                  Airspace Matters, the city name is                    continues to read as follows:
                                             NPRMs, flight safety concerns,                          removed from Lakeway Airpark, Austin                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                             management of IFR operations at                         Executive Airport, and Lago Vista-Rusty               40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                             affected airports, and immediacy of                     Allen Airport.                                        1959–1963 Comp., p. 389.
                                             required proposed airspace amendments                      Class D and E airspace areas are
                                             are some of the factors that must be                    published in paragraph 5000, 6002, and                § 71.1       [Amended]
                                             taken into consideration when selecting                 6005, respectively, of FAA Order
                                             the appropriate effective date. After                                                                         ■ 2. The incorporation by reference in
                                                                                                     7400.11C, dated August 13, 2018, and                  14 CFR 71.1 of FAA Order 7400.11C,
                                             considering all factors, the FAA may                    effective September 15, 2018, which is
                                             determine that selecting an effective                                                                         Airspace Designations and Reporting
                                                                                                     incorporated by reference in 14 CFR                   Points, dated August 13, 2018, and
                                             date that conforms to a 56-day en route                 71.1. The Class E airspace designations
                                             chart cycle date that is not coincidental                                                                     effective September 15, 2018, is
                                                                                                     listed in this document will be                       amended as follows:
                                             to sectional chart dates is better for the              published subsequently in the Order.
                                             National Airspace System and its users                                                                        Paragraph 5000      Class D Airspace.
                                             than awaiting the next sectional chart                  Regulatory Notices and Analyses
                                                                                                                                                           *        *      *    *    *
                                             date.                                                      The FAA has determined that this
                                                                                                                                                           ASW TX D Austin, TX [New]
                                                Class D and E airspace designations                  regulation only involves an established
                                             are published in paragraph 5000, 6002,                  body of technical regulations for which               Austin Executive Airport, TX
                                             and 6005, respectively, of FAA Order                    frequent and routine amendments are                      (Lat. 30°23′51″ N, long. 97°33′59″ W)
khammond on DSK30JT082PROD with RULES




                                             7400.11C, dated August 13, 2018, and                    necessary to keep them operationally                     That airspace extending upward from the
                                             effective September 15, 2018, which is                  current, is non-controversial and                     surface to and including 3,000 feet MSL
                                                                                                                                                           within a 4.1-mile radius of Austin Executive
                                             incorporated by reference in 14 CFR                     unlikely to result in adverse or negative             Airport, excluding the Austin Class C
                                             71.1. The Class D and E airspace                        comments. It, therefore: (1) Is not a                 airspace. This Class D airspace area is
                                             designations listed in this document                    ‘‘significant regulatory action’’ under               effective during the specific dates and times
                                             will be published subsequently in the                   Executive Order 12866; (2) is not a                   established in advance by a Notice to
                                             Order.                                                  ‘‘significant rule’’ under DOT                        Airmen. The effective date and time will



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                                             51836             Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations

                                             thereafter be continuously published in the              rules. Those final rules inadvertently                    (6) Licensed audiologist for
                                             Chart Supplement.                                        included a typographical error. This                   impairments of hearing loss, auditory
                                             *      *      *       *      *                           document corrects the final regulations.               processing disorders, and balance
                                             Paragraph 6002       Class E Surface Area                DATES: Effective October 15, 2018, and                 disorders within the licensed scope of
                                             Airspace.                                                applicable beginning March 27, 2017.                   practice only (with respect to claims
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       filed (see § 416.325) on or after March
                                             ASW TX E2 Austin, TX [New]                                                                                      27, 2017);
                                                                                                      Joshua Silverman, Office of Vocational,
                                             Austin Executive Airport, TX                             Evaluation, and Process Policy, Office of              *      *    *     *    *
                                               (Lat. 30°23′51″ N, long. 97°33′59″ W)
                                                                                                      Disability Policy, Social Security                     Nancy A. Berryhill,
                                               That airspace within a 4.1-mile radius of              Administration, 6401 Security
                                             Austin Executive Airport, excluding the                                                                         Acting Commissioner of Social Security.
                                                                                                      Boulevard, Baltimore, Maryland 21235–
                                             Austin Class C airspace. This Class E airspace                                                                  [FR Doc. 2018–22363 Filed 10–12–18; 8:45 am]
                                             area is effective during the specific dates and          6401, (410) 594–2128. For information
                                                                                                                                                             BILLING CODE 4191–02–P
                                             times established in advance by a Notice to              on eligibility or filing for benefits, call
                                             Airmen. The effective date and time will                 our national toll-free number, 1–800–
                                             thereafter be continuously published in the              772–1213 or TTY 1–800–325–0778, or
                                             Chart Supplement.                                        visit our internet site, Social Security               PENSION BENEFIT GUARANTY
                                                                                                      Online, at http://                                     CORPORATION
                                             *      *      *       *      *
                                                                                                      www.socialsecurity.gov.
                                             Paragraph 6005 Class E Airspace Areas                                                                           29 CFR Part 4022
                                             Extending Upward From 700 Feet or More                   SUPPLEMENTARY INFORMATION: We
                                             Above the Surface of the Earth.                          published final rules in the Federal                   Benefits Payable in Terminated Single-
                                                                                                      Register on January 18, 2017 (82 FR                    Employer Plans; Interest Assumptions
                                             ASW TX E5 Austin, TX [Amended]
                                                                                                      5844, corrected March 27, 2017, at 82                  for Paying Benefits
                                             Point of Origin                                          FR 15132) titled Revisions to Rules
                                               (Lat. 30°17′55″ N, long. 97°42′06″ W)                                                                         AGENCY:  Pension Benefit Guaranty
                                             Lakeway Airpark, TX
                                                                                                      Regarding the Evaluation of Medical                    Corporation.
                                               (Lat. 30°21′27″ N, long. 97°59′40″ W)                  Evidence. The final rules, among other
                                                                                                                                                             ACTION: Final rule.
                                             Austin Executive Airport, TX                             things, amended the regulatory text for
                                               (Lat. 30°23′51″ N, long. 97°33′59″ W)                  acceptable medical sources by adding                   SUMMARY:   This final rule amends the
                                             Lago Vista-Rusty Allen Airport, TX                       licensed audiologists to the list of                   Pension Benefit Guaranty Corporation’s
                                               (Lat. 30°29′55″ N, long. 97°58′10″ W)                  acceptable medical sources in 20 CFR                   regulation on Benefits Payable in
                                               That airspace extending upward from 700                416.902(a)(6). We inadvertently                        Terminated Single-Employer Plans to
                                             feet above the surface within a 14-miles                 included duplicative wording in that                   prescribe interest assumptions under
                                             radius of the Point of Origin, and within a              section of the rules. This document                    the regulation for valuation dates in
                                             6.4-mile radius of Lakeway Airpark, and                  amends the regulations by deleting the                 November 2018. The interest
                                             within a 6.4-mile radius of Lago Vista-Rusty             duplication of three words (for
                                             Allen Airport, and within a 6.3-mile radius                                                                     assumptions are used for paying
                                             of Austin Executive Airport, and within 2
                                                                                                      impairments of) and corrects the final                 benefits under terminating single-
                                             miles each side of the 131° bearing from                 rules.                                                 employer plans covered by the pension
                                             Austin Executive Airport, extending from the             List of Subjects in 20 CFR Part 416                    insurance system administered by
                                             6.3-mile radius to 11.3 miles southeast of the                                                                  PBGC.
                                             airport, and within 2 miles each side of the                Administrative practice and
                                                                                                      procedure, Reporting and recordkeeping                 DATES: Effective November 1, 2018.
                                             311° bearing from Austin Executive Airport
                                             extending from the 6.3-mile radius to 10.5               requirements, Supplemental Security                    FOR FURTHER INFORMATION CONTACT:
                                             miles northwest of the airport.                          Income (SSI).                                          Melissa Rifkin (rifkin.melissa@
                                               Issued in Fort Worth, Texas, on October 3,                Accordingly, 20 CFR part 416, subpart               PBGC.gov), Attorney, Regulatory Affairs
                                             2018.                                                    I is corrected by making the following                 Division, Pension Benefit Guaranty
                                             Walter Tweedy,                                           correcting amendment:                                  Corporation, 1200 K Street NW,
                                                                                                                                                             Washington, DC 20005, 202–326–4400
                                             Manager (A), Operations Support Group, ATO
                                             Central Service Center.                                  PART 416—SUPPLEMENTAL                                  ext. 6563. (TTY users may call the
                                                                                                      SECURITY INCOME FOR THE AGED,                          Federal relay service toll-free at 1–800–
                                             [FR Doc. 2018–22185 Filed 10–12–18; 8:45 am]
                                                                                                      BLIND, AND DISABLED                                    877–8339 and ask to be connected to
                                             BILLING CODE 4910–13–P
                                                                                                                                                             202–326–4400, ext. 6563.)
                                                                                                      Subpart I—Determining Disability and                   SUPPLEMENTARY INFORMATION: PBGC’s
                                                                                                      Blindness                                              regulation on Benefits Payable in
                                             SOCIAL SECURITY ADMINISTRATION                                                                                  Terminated Single-Employer Plans (29
                                                                                                      ■ 1. The authority citation for subpart I
                                                                                                                                                             CFR part 4022) prescribes actuarial
                                             20 CFR Part 416                                          of part 416 continues to read as follows:
                                                                                                                                                             assumptions—including interest
                                             [Docket No. SSA–2012–0035]                                 Authority: Secs. 221(m), 702(a)(5), 1611,            assumptions—for paying plan benefits
                                                                                                      1614, 1619, 1631(a), (c), (d)(1), and (p), and         under terminated single-employer plans
                                             RIN 0960–AH51                                            1633 of the Social Security Act (42 U.S.C.
                                                                                                                                                             covered by title IV of the Employee
                                                                                                      421(m), 902(a)(5), 1382, 1382c, 1382h,
                                             Revisions to Rules Regarding the                         1383(a), (c), (d)(1), and (p), and 1383b); secs.       Retirement Income Security Act of 1974.
                                             Evaluation of Medical Evidence;                          4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–       The interest assumptions in the
                                             Correction                                               460, 98 Stat. 1794, 1801, 1802, and 1808 (42           regulation are also published on PBGC’s
khammond on DSK30JT082PROD with RULES




                                                                                                      U.S.C. 421 note, 423 note, and 1382h note).            website (http://www.pbgc.gov).
                                             AGENCY:     Social Security Administration.              ■ 2. Amend § 416.902 by revising                         PBGC uses the interest assumptions in
                                             ACTION:    Correcting amendment.                         paragraph (a)(6) to read as follows:                   appendix B to part 4022 to determine
                                                                                                                                                             whether a benefit is payable as a lump
                                             SUMMARY:   On January 18, 2017, we                       § 416.902     Definitions for this subpart.            sum and to determine the amount to
                                             published final rules in the Federal                     *         *    *       *      *                        pay. Appendix C to part 4022 contains
                                             Register revising our medical evidence                         (a) * * *                                        interest assumptions for private-sector


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Document Created: 2018-10-13 10:02:08
Document Modified: 2018-10-13 10:02:08
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, January 3, 2019. 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.
ContactRebecca Shelby, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.
FR Citation83 FR 51834 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (Air)

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