83_FR_54191 83 FR 53983 - Amendment of Class E Airspace, Augusta, GA, and Establishment of Class E Airspace, Waynesboro, GA

83 FR 53983 - Amendment of Class E Airspace, Augusta, GA, and Establishment of Class E Airspace, Waynesboro, GA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 208 (October 26, 2018)

Page Range53983-53985
FR Document2018-23399

This action amends Class E airspace extending upward from 700 feet above the surface in Augusta, GA, by recognizing the name change of Augusta Regional Airport at Bush Field (formerly Augusta Regional at Bush Field Airport); removing Burke County Airport and Millen Airport from the airspace designation and establishing these two airports under Waynesboro, GA, designation; and updating the geographic coordinates of Daniel Field, Augusta, GA, and Millen Airport, Waynesboro, GA. This action accommodates airspace reconfiguration due to the decommissioning of the Millen non-directional radio beacon (NDB) and cancellation of the NDB approach at Millen Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

Federal Register, Volume 83 Issue 208 (Friday, October 26, 2018)
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 53983-53985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23399]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0369; Airspace Docket No. 18-ASO-8]
RIN 2120-AA66


Amendment of Class E Airspace, Augusta, GA, and Establishment of 
Class E Airspace, Waynesboro, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace extending upward from 700 
feet above the surface in Augusta, GA, by recognizing the name change 
of Augusta Regional Airport at Bush Field (formerly Augusta Regional at 
Bush Field Airport); removing Burke County Airport and Millen Airport 
from the airspace designation and establishing these two airports under 
Waynesboro, GA, designation; and updating the geographic coordinates of 
Daniel Field, Augusta, GA, and Millen Airport, Waynesboro, GA. This 
action accommodates airspace reconfiguration due to the decommissioning 
of the Millen non-directional radio beacon (NDB) and cancellation of 
the NDB approach at Millen Airport. Controlled airspace is necessary 
for the safety and management of instrument flight rules (IFR) 
operations at these airports.

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

[[Page 53984]]

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 E airspace, at Augusta, GA, and establishes Class E 
airspace at Waynesboro, GA, to support airspace reconfiguration due to 
the decommissioning of the Millen non-directional radio beacon (NDB) 
and cancellation of the NDB approach at Millen Airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (83 FR 39384, August 9, 2018) for Docket No. FAA-2018-0369 to 
amend Class E airspace area extending upward from 700 feet or more 
above the surface, and establish Class E airspace area extending upward 
from 700 feet or more above the surface at Burke County Airport and 
Millen Airport, Waynesboro, GA as the Millen NDB has been 
decommissioned and the NDB approach cancelled.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.
    Class E airspace designations are published in paragraph 6005, of 
FAA Order 7400.11C dated August 13, 2018, and effective September 15, 
2018, which is incorporated by reference in 14 CFR part 71.1. The Class 
E airspace designation 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

    This amendment to Title 14 Code of Federal Regulations (14 CFR) 
amends part 71 by amending Class E airspace extending upward from 700 
feet above the surface in Augusta, GA, by recognizing the name change 
of Augusta Regional Airport at Bush Field (formerly Augusta Regional at 
Bush Field Airport); removing Burke County Airport and Millen Airport 
from the airspace designation and establishing these two airports under 
Waynesboro, GA, designation due to the cancellation of the Millen NDB 
and cancellation of the associated approach; and updating the 
geographic coordinates of Daniel Field, Augusta, GA, to be in concert 
with the FAA's aeronautical database.
    Class E airspace extending upward from 700 feet above the surface 
is established at Burke County Airport, Waynesboro, GA, within a 6.7-
mile (increased from a 6.6-mile) radius of the airport.
    Class E airspace extending upward from 700 feet above the surface 
is established at Millen airport within a 7.4-mile (increased from a 
7.3-mile) radius of the airport. The geographic coordinates are 
adjusted to be in concert with the FAA's aeronautical database.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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


Sec.  71.1   [Amended]

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

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

* * * * *

ASO GA E5 Augusta, GA [Amended]

Augusta Regional Airport at Bush Field, GA
    (Lat. 33[deg]22'12'' N, long. 81[deg]57'52'' W)
Daniel Field
    (Lat. 33[deg]28'00'' N, long. 82[deg]02'22'' W)
Emory NDB
    (Lat. 33[deg]27'46'' N, long. 81[deg]59'49'' W)

    That airspace extending upward from 700 feet above the surface 
within an 8.6-mile radius of Augusta Regional Airport at Bush Field, 
and within 3.2 miles either side of the 168[deg] bearing from the 
airport extending from the 8.6-mile radius to 12.5 miles south of 
the airport, and within a 7-mile radius of Daniel Field, and within 
8 miles west and 4 miles east of the 349[deg] bearing from the Emory 
NDB extending from the 7-mile radius to 16 miles north of the Emory 
NDB.

ASO GA E5 Waynesboro, GA [New]

Burke County Airport, GA
    (Lat. 33[deg]02'29'' N, long. 82[deg]00'10'' W)
Millen Airport

[[Page 53985]]

    (Lat. 32[deg]53'35'' N, long. 81[deg]57'55'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Burke County Airport, and within a 7.4-
mile radius of Millen Airport.

    Issued in College Park, Georgia, on October 17, 2018.
Ken Brissenden,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2018-23399 Filed 10-25-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                               Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations                                          53983

                                             support standard instrument approach                    routine matter that only affects air traffic            DEPARTMENT OF TRANSPORTATION
                                             procedures for IFR operations at this                   procedures and air navigation, it is
                                             airport.                                                certified that this rule, when                          Federal Aviation Administration
                                                                                                     promulgated, does not have a significant
                                             History                                                                                                         14 CFR Part 71
                                                                                                     economic impact on a substantial
                                                The FAA published a notice of                        number of small entities under the
                                             proposed rulemaking (NPRM in the                        criteria of the Regulatory Flexibility Act.             [Docket No. FAA–2018–0369; Airspace
                                             Federal Register (83 FR 36482, July 30,                                                                         Docket No. 18–ASO–8]
                                             2018) for Docket No. FAA–2016–9442 to                   Environmental Review
                                             establish Class E surface area airspace at                 The FAA has determined that this                     RIN 2120–AA66
                                             Copiah County Airport, Crystal Springs,                 action qualifies for categorical exclusion
                                                                                                                                                             Amendment of Class E Airspace,
                                             MS.                                                     under the National Environmental
                                                                                                                                                             Augusta, GA, and Establishment of
                                                Interested parties were invited to                   Policy Act in accordance with FAA
                                                                                                                                                             Class E Airspace, Waynesboro, GA
                                             participate in this rulemaking effort by                Order 1050.1F, ‘‘Environmental
                                             submitting written comments on the                      Impacts: Policies and Procedures,’’                     AGENCY:  Federal Aviation
                                             proposal to the FAA. No comments                        paragraph 5–6.5a. This airspace action                  Administration (FAA), DOT.
                                             were received.                                          is not expected to cause any potentially                ACTION: Final rule.
                                                Class E airspace designations are                    significant environmental impacts, and
                                             published in paragraph 6005, of FAA                     no extraordinary circumstances exist                    SUMMARY:    This action amends Class E
                                             Order 7400.11C dated August 13, 2018,                   that warrant preparation of an                          airspace extending upward from 700
                                             and effective September 15, 2018, which                 environmental assessment.                               feet above the surface in Augusta, GA,
                                             is incorporated by reference in 14 CFR                                                                          by recognizing the name change of
                                             part 71.1. The Class E airspace                         Lists of Subjects in 14 CFR Part 71
                                                                                                                                                             Augusta Regional Airport at Bush Field
                                             designations listed in this document                      Airspace, Incorporation by reference,                 (formerly Augusta Regional at Bush
                                             will be published subsequently in the                   Navigation (air).                                       Field Airport); removing Burke County
                                             Order.                                                  Adoption of the Amendment                               Airport and Millen Airport from the
                                             Availability and Summary of                                                                                     airspace designation and establishing
                                                                                                       In consideration of the foregoing, the                these two airports under Waynesboro,
                                             Documents for Incorporation by                          Federal Aviation Administration
                                             Reference                                                                                                       GA, designation; and updating the
                                                                                                     amends 14 CFR part 71 as follows:                       geographic coordinates of Daniel Field,
                                               This document proposes to amend                                                                               Augusta, GA, and Millen Airport,
                                             FAA Order 7400.11C, Airspace                            PART 71—DESIGNATION OF CLASS A,
                                                                                                                                                             Waynesboro, GA. This action
                                             Designations and Reporting Points,                      B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                                                                             accommodates airspace reconfiguration
                                             dated August 13, 2018, and effective                    TRAFFIC SERVICE ROUTES; AND
                                                                                                                                                             due to the decommissioning of the
                                             September 15, 2018. FAA Order                           REPORTING POINTS
                                                                                                                                                             Millen non-directional radio beacon
                                             7400.11C is publicly available as listed                                                                        (NDB) and cancellation of the NDB
                                                                                                     ■ 1. The authority citation for part 71
                                             in the ADDRESSES section of this                                                                                approach at Millen Airport. Controlled
                                                                                                     continues to read as follows:
                                             document. FAA Order 7400.11C lists                                                                              airspace is necessary for the safety and
                                             Class A, B, C, D, and E airspace areas,                   Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                     40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            management of instrument flight rules
                                             air traffic service routes, and reporting                                                                       (IFR) operations at these airports.
                                                                                                     1959–1963 Comp., p. 389.
                                             points.
                                                                                                                                                             DATES: Effective 0901 UTC, January 3,
                                             The Rule                                                § 71.1       [Amended]                                  2019. The Director of the Federal
                                               This action amends Title 14 Code of                   ■ 2. The incorporation by reference in                  Register approves this incorporation by
                                             Federal Regulations (14 CFR) part 71 by                 14 CFR 71.1 of Federal Aviation                         reference action under title 1 Code of
                                             establishing Class E airspace extending                 Administration Order 7400.11C,                          Federal Regulations, part 51, subject to
                                             upward from 700 feet above the surface                  Airspace Designations and Reporting                     the annual revision of FAA Order
                                             within a 7-mile radius of Copiah County                 Points, dated August 13, 2018, effective                7400.11 and publication of conforming
                                             Airport, Crystal Springs, MS, providing                 September 15, 2018, is amended as                       amendments.
                                             the controlled airspace required to                     follows:                                                ADDRESSES: FAA Order 7400.11C,
                                             support the new RNAV (GPS) standard                     Paragraph 6005 Class E Airspace Areas                   Airspace Designations and Reporting
                                             instrument approach procedures for IFR                  Extending Upward From 700 Feet or More                  Points, and subsequent amendments can
                                             operations at the airport.                              Above the Surface of the Earth.                         be viewed online at http://www.faa.gov/
                                                                                                     *        *      *       *      *                        air_traffic/publications/. For further
                                             Regulatory Notices and Analyses                                                                                 information, you can contact the
                                                The FAA has determined that this                     ASO MS E5 Crystal Springs, MS [New]                     Airspace Policy Group, Federal Aviation
                                             regulation only involves an established                 Copiah County Airport, MS                               Administration, 800 Independence
                                             body of technical regulations for which                   (Lat. 31°54′09″ N, long. 90°22′00″ W)                 Avenue SW, Washington, DC 20591;
                                             frequent and routine amendments are                       That airspace extending upward from 700               telephone: (202) 267–8783. The Order is
                                             necessary to keep them operationally                    feet above the surface within a 7-mile radius           also available for inspection at the
                                             current. Therefore, this regulation: (1) Is             of Copiah County Airport.                               National Archives and Records
                                             not a ‘‘significant regulatory action’’                   Issued in College Park, Georgia, on October           Administration (NARA). For
khammond on DSK30JT082PROD with RULES




                                             under Executive Order 12866; (2) is not                 18, 2018.                                               information on the availability of FAA
                                             a ‘‘significant rule’’ under DOT                        Debra L. Hogan,                                         Order 7400.11C at NARA, call (202)
                                             Regulatory Policies and Procedures (44                  Acting Manager, Operations Support Group,               741–6030, or go to https://
                                             FR 11034; February 26, 1979); and (3)                   Eastern Service Center, Air Traffic                     www.archives.gov/federal-register/cfr/
                                             does not warrant preparation of a                       Organization.                                           ibr-locations.html.
                                             regulatory evaluation as the anticipated                [FR Doc. 2018–23402 Filed 10–25–18; 8:45 am]               FAA Order 7400.11, Airspace
                                             impact is so minimal. Since this is a                   BILLING CODE 4910–13–P                                  Designations and Reporting Points, is


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                                             53984             Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations

                                             published yearly and effective on                       Availability and Summary of                           Environmental Review
                                             September 15.                                           Documents for Incorporation by                           The FAA has determined that this
                                                                                                     Reference                                             action qualifies for categorical exclusion
                                             FOR FURTHER INFORMATION CONTACT:               John
                                             Fornito, Operations Support Group,                        This document amends FAA Order                      under the National Environmental
                                             Eastern Service Center, Federal Aviation                7400.11C, Airspace Designations and                   Policy Act in accordance with FAA
                                             Administration, 1701 Columbia Avenue,                   Reporting Points, dated August 13,                    Order 1050.1F, ‘‘Environmental
                                                                                                     2018, and effective September 15, 2018.               Impacts: Policies and Procedures,’’
                                             College Park, GA 30337; telephone (404)
                                                                                                     FAA Order 7400.11C is publicly                        paragraph 5–6.5a. This airspace action
                                             305–6364.
                                                                                                     available as listed in the ADDRESSES                  is not expected to cause any potentially
                                             SUPPLEMENTARY INFORMATION:                              section of this document. FAA Order                   significant environmental impacts, and
                                                                                                     7400.11C lists Class A, B, C, D, and E                no extraordinary circumstances exist
                                             Authority for This Rulemaking                           airspace areas, air traffic service routes,           that warrant preparation of an
                                               The FAA’s authority to issue rules                    and reporting points.                                 environmental assessment.
                                             regarding aviation safety is found in                   The Rule                                              Lists of Subjects in 14 CFR Part 71
                                             Title 49 of the United States Code.                        This amendment to Title 14 Code of
                                             Subtitle I, Section 106 describes the                                                                          Airspace, Incorporation by reference,
                                                                                                     Federal Regulations (14 CFR) amends                   Navigation (air).
                                             authority of the FAA Administrator.                     part 71 by amending Class E airspace
                                             Subtitle VII, Aviation Programs,                        extending upward from 700 feet above                  Adoption of the Amendment
                                             describes in more detail the scope of the               the surface in Augusta, GA, by                          In consideration of the foregoing, the
                                             agency’s authority. This rulemaking is                  recognizing the name change of Augusta                Federal Aviation Administration
                                             promulgated under the authority                         Regional Airport at Bush Field (formerly              amends 14 CFR part 71 as follows:
                                             described in Subtitle VII, Part A,                      Augusta Regional at Bush Field
                                             Subpart I, Section 40103. Under that                    Airport); removing Burke County                       PART 71—DESIGNATION OF CLASS A,
                                             section, the FAA is charged with                        Airport and Millen Airport from the                   B, C, D, AND E AIRSPACE AREAS; AIR
                                             prescribing regulations to assign the use               airspace designation and establishing                 TRAFFIC SERVICE ROUTES; AND
                                             of airspace necessary to ensure the                     these two airports under Waynesboro,                  REPORTING POINTS
                                             safety of aircraft and the efficient use of             GA, designation due to the cancellation
                                                                                                     of the Millen NDB and cancellation of                 ■ 1. The authority citation for part 71
                                             airspace. This regulation is within the
                                                                                                     the associated approach; and updating                 continues to read as follows:
                                             scope of that authority as it amends
                                             Class E airspace, at Augusta, GA, and                   the geographic coordinates of Daniel                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                             establishes Class E airspace at                         Field, Augusta, GA, to be in concert                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                     with the FAA’s aeronautical database.                 1959–1963 Comp., p. 389.
                                             Waynesboro, GA, to support airspace                        Class E airspace extending upward
                                             reconfiguration due to the                              from 700 feet above the surface is                    § 71.1       [Amended]
                                             decommissioning of the Millen non-                      established at Burke County Airport,                  ■ 2. The incorporation by reference in
                                             directional radio beacon (NDB) and                      Waynesboro, GA, within a 6.7-mile                     14 CFR 71.1 of Federal Aviation
                                             cancellation of the NDB approach at                     (increased from a 6.6-mile) radius of the             Administration Order 7400.11C,
                                             Millen Airport.                                         airport.                                              Airspace Designations and Reporting
                                                                                                        Class E airspace extending upward                  Points, dated August 13, 2018, and
                                             History
                                                                                                     from 700 feet above the surface is                    effective September 15, 2018, is
                                                The FAA published a notice of                        established at Millen airport within a                amended as follows:
                                             proposed rulemaking in the Federal                      7.4-mile (increased from a 7.3-mile)
                                             Register (83 FR 39384, August 9, 2018)                  radius of the airport. The geographic                 Paragraph 6005 Class E Airspace Areas
                                                                                                     coordinates are adjusted to be in concert             Extending Upward From 700 Feet or More
                                             for Docket No. FAA–2018–0369 to
                                                                                                     with the FAA’s aeronautical database.                 Above the Surface of the Earth.
                                             amend Class E airspace area extending
                                             upward from 700 feet or more above the                  Regulatory Notices and Analyses                       *        *      *    *   *
                                             surface, and establish Class E airspace                    The FAA has determined that this                   ASO GA E5 Augusta, GA [Amended]
                                             area extending upward from 700 feet or                  regulation only involves an established               Augusta Regional Airport at Bush Field, GA
                                             more above the surface at Burke County                  body of technical regulations for which                 (Lat. 33°22′12″ N, long. 81°57′52″ W)
                                             Airport and Millen Airport,                             frequent and routine amendments are                   Daniel Field
                                             Waynesboro, GA as the Millen NDB has                                                                            (Lat. 33°28′00″ N, long. 82°02′22″ W)
                                                                                                     necessary to keep them operationally
                                             been decommissioned and the NDB                                                                               Emory NDB
                                                                                                     current. It, therefore: (1) Is not a                    (Lat. 33°27′46″ N, long. 81°59′49″ W)
                                             approach cancelled.                                     ‘‘significant regulatory action’’ under
                                                                                                                                                             That airspace extending upward from 700
                                                Interested parties were invited to                   Executive Order 12866; (2) is not a                   feet above the surface within an 8.6-mile
                                             participate in this rulemaking effort by                ‘‘significant rule’’ under DOT                        radius of Augusta Regional Airport at Bush
                                             submitting written comments on the                      Regulatory Policies and Procedures (44                Field, and within 3.2 miles either side of the
                                             proposal to the FAA. No comments                        FR 11034; February 26, 1979); and (3)                 168° bearing from the airport extending from
                                             were received.                                          does not warrant preparation of a                     the 8.6-mile radius to 12.5 miles south of the
                                                                                                     regulatory evaluation as the anticipated              airport, and within a 7-mile radius of Daniel
                                                Class E airspace designations are                    impact is so minimal. Since this is a                 Field, and within 8 miles west and 4 miles
khammond on DSK30JT082PROD with RULES




                                             published in paragraph 6005, of FAA                     routine matter that only affects air traffic          east of the 349° bearing from the Emory NDB
                                             Order 7400.11C dated August 13, 2018,                   procedures and air navigation, it is                  extending from the 7-mile radius to 16 miles
                                             and effective September 15, 2018, which                                                                       north of the Emory NDB.
                                                                                                     certified that this rule, when
                                             is incorporated by reference in 14 CFR                  promulgated, does not have a significant              ASO GA E5 Waynesboro, GA [New]
                                             part 71.1. The Class E airspace                         economic impact on a substantial                      Burke County Airport, GA
                                             designation listed in this document will                number of small entities under the                      (Lat. 33°02′29″ N, long. 82°00′10″ W)
                                             be published subsequently in the Order.                 criteria of the Regulatory Flexibility Act.           Millen Airport



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                                                               Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations                                        53985

                                               (Lat. 32°53′35″ N, long. 81°57′55″ W)                 privileges of an airman certificate issued            II. Legal Authority and Good Cause
                                               That airspace extending upward from 700               by the FAA, except when such persons
                                             feet above the surface within a 6.7-mile
                                                                                                                                                           A. Legal Authority
                                                                                                     are operating U.S.-registered aircraft for
                                             radius of Burke County Airport, and within              a foreign air carrier; and operators of                  The FAA is responsible for the safety
                                             a 7.4-mile radius of Millen Airport.                    U.S.-registered civil aircraft, except                of flight in the U.S. and for the safety
                                               Issued in College Park, Georgia, on October           where the operator of such aircraft is a              of U.S. civil operators, U.S.-registered
                                             17, 2018.                                               foreign air carrier. The reissued rule                civil aircraft, and U.S.-certificated
                                             Ken Brissenden,                                         prohibits operations in the Baghdad FIR               airmen throughout the world. The FAA
                                             Acting Manager, Operations Support Group,               (ORBB) below Flight Level (FL) 260,                   Administrator’s authority to issue rules
                                             Eastern Service Center, Air Traffic                     except operations necessary to climb out              on aviation safety is found in title 49,
                                             Organization.                                           of, or descend into, the Kuwait FIR                   U.S. Code, Subtitle I, sections 106(f) and
                                             [FR Doc. 2018–23399 Filed 10–25–18; 8:45 am]            (OKAC), subject to the approval of, and               (g). Subtitle VII of title 49, Aviation
                                             BILLING CODE 4910–13–P                                  in accordance with the conditions                     Programs, describes in more detail the
                                                                                                     established by, the appropriate                       scope of the agency’s authority. Section
                                                                                                     authorities of Iraq.                                  40101(d)(1) provides that the
                                             DEPARTMENT OF TRANSPORTATION                               Conditions in Iraq have improved                   Administrator shall consider in the
                                                                                                     since action was last taken on SFAR No.               public interest, among other matters,
                                             Federal Aviation Administration                         77, § 91.1605 by the FAA in May 2015,                 assigning, maintaining, and enhancing
                                                                                                     which expired on May 11, 2017.1 The                   safety and security as the highest
                                             14 CFR Part 91                                          coalition of Iraqi security forces, allied            priorities in air commerce. Section
                                                                                                     nations, and supporting militia elements              40105(b)(1)(A) requires the
                                             [Docket No.: FAA–2018–0927; Amdt. No.
                                             91–353]                                                 has successfully reduced the area under               Administrator to exercise his authority
                                                                                                     Islamic State of Iraq and Ash-Sham                    consistently with the obligations of the
                                             RIN 2120–AL06                                                                                                 U.S. Government under international
                                                                                                     (ISIS) control. In addition, the
                                                                                                     operational anti-aircraft-capable                     agreements.
                                             Prohibition Against Certain Flights in                                                                           This rulemaking is promulgated
                                             the Baghdad Flight Information Region                   weapons possessed by ISIS or other
                                                                                                                                                           under the authority described in title 49,
                                             (FIR) (ORBB)                                            anti-U.S. extremist/militant elements
                                                                                                                                                           U.S. Code, subtitle VII, Part A, subpart
                                                                                                     are altitude-limited and would not pose
                                             AGENCY:  Federal Aviation                                                                                     III, section 44701, General requirements.
                                                                                                     a risk to U.S. civil aviation overflights
                                             Administration (FAA), Department of                                                                           Under that section, the FAA is charged
                                                                                                     at or above FL 260, provided that the
                                             Transportation (DOT).                                                                                         broadly with promoting safe flight of
                                                                                                     flights remain clear of areas where
                                                                                                                                                           civil aircraft in air commerce by
                                             ACTION: Final rule.                                     fighting is likely to occur or re-emerge.
                                                                                                                                                           prescribing, among other things,
                                                                                                     The appropriate authorities of Iraq have
                                             SUMMARY:   This action reissues, with                                                                         regulations and minimum standards for
                                                                                                     taken steps to prohibit civil aviation
                                             modifications to reflect changed                                                                              practices, methods, and procedures that
                                                                                                     operations at or above FL 260 in such
                                             conditions in Iraq, the Special Federal                                                                       the Administrator finds necessary for
                                                                                                     areas. Therefore, on December 9, 2017,
                                             Aviation Regulation (SFAR) that                                                                               safety in air commerce and national
                                                                                                     the FAA issued KICZ NOTAM A0025/
                                             prohibits certain flights in the Baghdad                                                                      security.
                                                                                                     17, amending its prohibition on U.S.                     This regulation is within the scope of
                                             Flight Information Region (FIR) (ORBB)                  civil aviation operations in the Baghdad
                                             by all: U.S. air carriers; U.S. commercial                                                                    FAA’s authority, because it prohibits the
                                                                                                     FIR (ORBB) to allow overflights at or                 persons described in paragraph (a) of
                                             operators; persons exercising the                       above FL 260.
                                             privileges of an airman certificate issued                                                                    SFAR No. 77, § 91.1605, from
                                                                                                        There continues to be an unacceptable              conducting flight operations in the
                                             by the FAA, except when such persons                    level of risk to U.S. civil aviation
                                             are operating U.S.-registered aircraft for                                                                    Baghdad FIR (ORBB) at altitudes below
                                                                                                     operations in the Baghdad FIR (ORBB)                  FL 260, with limited exceptions, due to
                                             a foreign air carrier; and operators of                 at altitudes below FL 260, as described
                                             U.S.-registered civil aircraft, except                                                                        the continued hazards to the safety of
                                                                                                     in this rule, resulting from the potential            U.S. civil flight operations, as described
                                             where the operator of such aircraft is a                for fighting in certain areas of Iraq and
                                             foreign air carrier.                                                                                          in the preamble to this final rule.
                                                                                                     ongoing concerns about the extremist/                    The FAA also finds that this action is
                                             DATES: This final rule is effective on                  militant threat to U.S. civil aviation                fully consistent with the obligations
                                             October 26, 2018.                                       throughout Iraq. With limited                         under 49 U.S.C. 40105(b)(1)(A) to
                                             FOR FURTHER INFORMATION CONTACT:                        exceptions described in this final rule,              ensure that the FAA exercises its duties
                                             Michael Filippell, Air Transportation                   U.S. civil aviation operations in the                 consistently with the obligations of the
                                             Division, Flight Standards Service,                     Baghdad FIR (ORBB) at altitudes below                 United States under international
                                             Federal Aviation Administration, 800                    FL 260 remain prohibited consistent                   agreements.
                                             Independence Avenue SW, Washington,                     with KICZ NOTAM A0025/17.
                                             DC 20591; telephone (202) 267–8166;                     Consequently, the FAA is reissuing the                B. Good Cause for Immediate Adoption
                                             email michael.e.filippell@faa.gov.                      modified SFAR to remain in effect until                  Section 553(b)(3)(B) of title 5 of the
                                             SUPPLEMENTARY INFORMATION:                              October 26, 2018. The FAA finds this                  United States Code (5 U.S.C.) authorizes
                                                                                                     action necessary due to continued                     agencies to dispense with notice and
                                             I. Executive Summary                                    hazards to U.S. civil aviation operations             comment procedures for rules when the
                                               This action reissues, with                            in the Baghdad FIR (ORBB) at altitudes                agency for ‘‘good cause’’ finds that those
khammond on DSK30JT082PROD with RULES




                                             modifications to address changed                        below FL 260.                                         procedures are ‘‘impracticable,
                                             conditions in Iraq, Special Federal                                                                           unnecessary, or contrary to the public
                                             Aviation Regulation (SFAR) No. 77,                         1 Due to continuing hazards and to avoid           interest.’’ Section 553(d) also authorizes
                                             § 91.1605, which prohibits certain flight               interruption of the flight prohibition, the FAA       agencies to forgo the delay in the
                                                                                                     issued KICZ NOTAM A0010/17 under the
                                             operations in the Baghdad FIR (ORBB)                    Administrator’s emergency authority (49 U.S.C.
                                                                                                                                                           effective date of the final rule for good
                                             by all: U.S. air carriers; U.S. commercial              46105(c)) to temporarily continue the SFAR flight     cause found and published with the
                                             operators; persons exercising the                       prohibition until a final rule became effective.      rule. In this instance, the FAA finds


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Document Created: 2018-10-26 02:28:52
Document Modified: 2018-10-26 02:28:52
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.
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 53983 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (Air)

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