[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42587-42588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18043]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1159; Airspace Docket No. 17-ASO-23]
RIN 2120-AA66


Amendment of Class D Airspace and Class E Airspace; Jacksonville, 
NC and Establishment of Class D Airspace; Jacksonville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace at New River Marine Corps 
Air Station (MCAS), at Jacksonville, NC, by removing Albert J. Ellis 
Airport, Jacksonville, NC, from the legal description, and establishing 
Albert J. Ellis Airport under its own designation. This is an editorial 
change that continues to provide the controlled airspace required for 
the new air traffic control tower at Albert J. Ellis Airport for the 
safety and management of instrument flight rules (IFR) operations. This 
action also updates the geographic coordinates of New River MCAS in 
Class D and E airspace, replaces the outdated term ``Airport/Facility 
Directory'' with the term ``Chart Supplement'', and makes an editorial 
change to the airspace designation.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

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

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it amends Class D and E airspace at New River MCAS, and establishes 
Class D airspace at Albert J. Ellis Airport, Jacksonville, NC, to 
support IFR operations at these airports.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register (83 FR 9243, March 5, 2018) for Docket No. FAA-2017-
1159 to amend Class D airspace, and Class E airspace designated as an 
extension to a Class D surface area at New River MCAS and Albert J. 
Ellis Airport, Jacksonville, NC. Subsequent to publication, the FAA 
determined that establishment of Albert J. Ellis Airport in Class D 
airspace, associated with the New River MCAS, should be established 
under its own designation, thereby removing Albert J. Ellis Airport, 
Jacksonville, NC, from the New River MCAS Class D airspace description. 
This is merely an editorial change and does not alter the boundaries or 
operating requirements of the airspace. Except for this change, this 
rule is the same as published in the NPRM.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. Two 
comments were received supporting the proposal.
    While the Aircraft Owners and Pilots Association (AOPA) supported 
this proposal, they stated that the NPRM did not comply with FAA 
guidance in Order 7400.2L, Procedures for Handling Airspace Matters, 
because a graphic was not included in the docket. Additionally, AOPA 
encouraged the FAA to follow 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 the amendment of the 
Class D airspace effective date to match the sectional chart date, we 
note the following.
    With respect to AOPA's comment addressing graphics, FAA Order 
7400.2.L, paragraph 2-3-3.c. requires the official docket to include 
available graphics. For this airspace action, no graphics were deemed 
necessary or produced in the review or development of the proposed 
airspace amendments noted in the NPRM; therefore, no graphics were 
available to include in the docket.
    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. It was unclear if the graphic AOPA argued was already created 
with a sectional chart background was actually the airspace graphic 
created by the Aeronautical Informational Services office in 
preparation of publishing the sectional charts. However, that graphic 
is normally created after the rulemaking determination is published.
    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 enroute chart cycle date. The FAA does consider publishing Class D 
airspace amendment effective dates to coincide with the

[[Page 42588]]

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 
enroute 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 and 6004, respectively, of 
FAA Order 7400.11B dated August 3, 2017, and effective September 15, 
2017, which is incorporated by reference in 14 CFR part 71.1. The Class 
D and E airspace designations listed in this document will be published 
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and 
Reporting Points, dated August 3, 2017, and effective September 15, 
2016. FAA Order 7400.11B is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11B lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 71 amends Class D airspace and Class E airspace designated as an 
extension at New River MCAS, Jacksonville, NC, by amending the 
geographic coordinates of New River MCAS to coincide with the FAA's 
aeronautical database.
    Also, an editorial change is made to the airspace designation 
removing the city associated with New River MCAS in Class D airspace 
and Class E airspace designated as an extension, to comply with a 
change to FAA Order 7400.2L, Procedures for Handling Airspace Matters. 
An editorial change also is made to the legal description of New River 
MCAS for the classes above replacing ``Airport/Facility Directory'' 
with ``Chart Supplement''.
    Additionally, an editorial change is made moving establishment of 
the Albert J. Ellis Airport Class D airspace description from the 
Jacksonville, NC airspace associated with New River MCAS, and 
establishing the airspace under its own designation at Jacksonville, 
NC.
    Class D and E airspace designations are published in Paragraphs 
5000 and 6004, respectively, of FAA Order 7400.11B, dated August 3, 
2017, and effective September 15, 2017, which is incorporated by 
reference in 14 CFR 71.1. The Class D airspace designation listed in 
this document will be published subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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


Sec.  71.1  [Amended]

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

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D Jacksonville, NC [Amended]

New River MCAS, NC
    (Lat. 34[deg]42'30'' N, long. 77[deg]26'23'' W)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 5-mile radius of New River MCAS. This Class 
D airspace area is effective during the specific days and times 
established in advance by a Notice to Airmen. The effective days and 
times will thereafter be continuously published in the Chart 
Supplement.

ASO NC D Jacksonville, NC [New]

Albert J. Ellis Airport, NC
    (Lat. 34[deg]49'45'' N, long. 77[deg]36'44'' W)

    That airspace extending upward from the surface to and including 
2,600 feet MSL within a 4.2-mile radius of Albert J. Ellis Airport. 
This Class D airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a 
Class D Surface Area.

* * * * *

ASO NC E4 Jacksonville, NC [Amended]

New River MCAS, NC
    (Lat. 34[deg]42'30'' N, long. 77[deg]26'23'' W)
New River TACAN
    (Lat. 34[deg]42'26'' N, long. 77[deg]26'25'' W)

    That airspace extending upward from the surface within 3.2 miles 
each side of New River TACAN 239[deg] radial, extending from the 5-
mile radius of New River MCAS to 7 miles southwest of the TACAN. 
This Class E airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Chart Supplement.

    Issued in College Park, Georgia, on August 14, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2018-18043 Filed 8-22-18; 8:45 am]
BILLING CODE 4910-13-P


