[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45816-45817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19486]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

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


Amendment of Class D Airspace; Olive Branch, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

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

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

[[Page 45817]]

Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783. The Order is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of FAA Order 7400.11B at NARA, call 
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

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

History

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

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

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

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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


Sec.  71.1  [Amended]

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

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Olive Branch, MS [Amended]

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

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

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


