[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24364-24365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-1074; Airspace Docket No. 18-AWP-29]
RIN 2120-AA66


Amendment of Class E Airspace; Hawaiian Islands, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Hawaiian Islands Class E airspace 
extending upward from 1,200 feet and 5,500 feet above the surface of 
the earth by removing that portion that extends beyond the Territorial 
Sea. This action supports the operation of Instrument Flight Rules 
(IFR) under standard instrument approach and departure procedures in 
the Hawaiian Islands, for the safety and management of aircraft within 
the National Airspace System.

DATES: Effective 0901 UTC, August 15, 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 this material 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: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-2245.

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 extending upward from 1,200 feet and 
5,500 feet above the surface for the Hawaiian Islands, HI, to correct 
an error in which US airspace extends into international airspace.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (84 FR 7837; March 5, 2019) for Docket No. FAA-2018-1074 to 
modify Class E airspace extending upward from 1,200 feet and 5,500 feet 
above the surface of the earth for the Hawaiian Islands, HI. 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 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

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying Class E airspace extending upward from 1,200 feet 
and 5,500 feet above the surface of the earth. The FAA identified that 
the Hawaiian Islands Class E airspace was established, in error, beyond 
the United States Territorial Sea and into international airspace. The 
Territorial Sea of the United States was defined by Presidential 
Proclamation number 5928, on December 27, 1988, as that area extending 
to 12 nautical miles beyond the land territory and internal waters of 
the United States and the airspace above it. This action will modify 
the Class E Airspace extending upward from 1,200 feet above the surface 
of the earth by adjusting the airspace's outer boundary to coincide 
with the Hawaiian Islands' Territorial Sea and remove the Class E 
airspace that extends upward from 5,500 feet above the surface of the 
earth. This action removes references to the Hilo and South Kauai 
VORTACs in the legal description for the Class E airspace extending 
upward from 1,200 feet. The airspace is being redesigned without the 
use of these references. This legal description will establish the 
Hawaiian Islands as an archipelagic whole consistent with the 
definition established in the Constitution of the State of Hawaii. This 
designation includes all islands, together with their appurtenant reefs 
and territorial and archipelagic waters, included in the Territory of 
Hawaii on the date of enactment of the Admission Act, except the atoll 
known as Palmyra Island, together with its appurtenant reefs and 
territorial waters; but this State shall not be deemed to include the 
Midway Islands, Johnston Island, Sand Island (offshore from Johnston 
Island) or Kingman Reef, together with their appurtenant reefs and 
territorial waters. This action is being submitted coincidental with an 
FAA proposal, submitted on April 11, 2018 (83 FR 15521), to establish 
Hawaiian Islands' High and Low Offshore Airspace Areas within 
international airspace. The Offshore Airspace would extend from the 
Hawaiian Islands' Territorial Sea outward to the boundary of the Flight 
Information Region. The offshore airspace will provide for the 
application

[[Page 24365]]

of domestic air traffic control procedures, beyond the Territorial Sea, 
within areas of domestic radio navigational signal or Air Traffic 
Control radar coverage.

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, will 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 FAA 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.

* * * * *

AWP HI E5 Hawaiian Islands, HI [Amended]

    That airspace extending upward from 1,200 feet above the surface 
within 12 NM of the Hawaiian Islands shoreline Beginning at lat. 
22[deg]06'28'' N, long. 159[deg]04'39'' W, to lat. 21[deg]46'57'' N, 
long. 158[deg]14'41'' W, to 12 NM from the shoreline of Oahu.
    Thence, clockwise along the line 12 NM from and parallel to the 
shoreline of the State of Hawaii, to lat. 20[deg]30'29'' N, long. 
155[deg]53'40'' W, to lat. 20[deg]28'08'' N, long. 155[deg]52'03'' 
W, to 12 NM from the shoreline of Hawaii.
    Thence, clockwise along the line 12 NM from and parallel to the 
shoreline of Hawaii to lat. 20[deg]03'26'' N, long. 156[deg]05'30'' 
W, to lat. 20[deg]22'48'' N, long. 156[deg]18'51'' W, to 12 NM from 
the shoreline of Maui.
    Thence clockwise along the line 12 NM from and parallel to the 
shoreline of the State of Hawaii, to lat. 21[deg]25'19'' N, long. 
158[deg]26'08'' W, to lat. 21[deg]44'34'' N long. 159[deg]15'27'' W, 
to 12 NM from the shoreline of Kauai.
    Thence, clockwise along the line 12 NM from and parallel to the 
shoreline of the State of Hawaii to the beginning.

    Issued in Seattle, Washington, on May 6, 2019.
Maria Aviles,
Group Manager (A), Operations Support Group, Western Service Center.
[FR Doc. 2019-10949 Filed 5-24-19; 8:45 am]
 BILLING CODE 4910-13-P


