Rule2023-18344
Airspace Designations; Incorporation by Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2023
Effective
September 15, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action amends 14 CFR part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order JO 7400.11H, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 164 (Friday, August 25, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58071-58072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18344]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1785; Amendment No. 71-55]
RIN 2120-AA66
Airspace Designations; Incorporation by Reference
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends 14 CFR part 71 relating to airspace
designations to reflect the approval by the Director of the Federal
Register of the incorporation by reference of FAA Order JO 7400.11H,
Airspace Designations and Reporting Points. This action also explains
the procedures the FAA will use to amend the listings of Class A, B, C,
D, and E airspace areas; air traffic service routes; and reporting
points incorporated by reference.
DATES: These regulations are effective September 15, 2023, through
September 15, 2024. The incorporation by reference of FAA Order JO
7400.11H is approved by the Director of the Federal Register as of
September 15, 2023, through September 15, 2024.
ADDRESSES: A copy of this final rule, and all background material may
be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at <a href="http://www.faa.gov/air_traffic/publications/">www.faa.gov/air_traffic/publications/</a>. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Sarah A. Combs, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
History
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
effective September 15, 2022, listed Class A, B, C, D and E airspace
areas; air traffic service routes; and reporting points. Due to the
length of these descriptions, the FAA requested approval from the
Office of the Federal Register to incorporate the material by reference
in the Federal Aviation Regulations, section 71.1, effective September
15, 2022, through September 15, 2023. During the incorporation by
reference period, the FAA processed all proposed changes of the
airspace listings in FAA Order JO 7400.11G in full text as proposed
rule documents in the Federal Register, unless there was good cause to
forego notice and comment. Likewise, all amendments of these listings
were published in full text as final rules in the Federal Register.
This rule reflects the periodic integration of these final rule
amendments into a revised edition of FAA Order JO 7400.11H, Airspace
Designations and Reporting Points. The Director of the Federal Register
has approved the incorporation by reference of FAA Order JO 7400.11H in
section 71.1, as of September 15, 2023, through September 15, 2024.
This rule also explains the procedures the FAA will use to amend the
airspace designations incorporated by reference in part 71. This rule
also updates sections 71.5, 71.15, 71.31, 71.33, 71.41, 71.51, 71.61,
71.71, and 71.901 to reflect the incorporation by reference of FAA
Order JO 7400.11H.
Incorporation by Reference
This document incorporates by reference FAA Order JO 7400.11H,
Airspace Designations and Reporting Points, dated August 11, 2023, and
effective September 15, 2023, in section 71.1. FAA Order JO 7400.11H is
publicly available as listed in the ADDRESSES section of this final
rule. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace
areas, air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 to reflect the approval by the
Director of the Federal Register of the incorporation by reference of
FAA Order JO 7400.11H, effective September 15, 2023, through September
15, 2024. During the incorporation by reference period, the FAA will
continue to process all proposed changes of the airspace listings in
FAA Order JO 7400.11H in full text as proposed rule documents in the
Federal Register, unless there is good cause to forego notice and
comment. Likewise, all amendments of these listings will be published
in full text as final rules in the Federal Register. The FAA will
periodically integrate all final rule amendments into a revised edition
of FAA Order JO 7400.11 and submit the revised edition to the Director
of the Federal Register for approval for incorporation by reference in
section 71.1.
FAA Order JO 7400.11, Airspace Designations and Reporting Points is
published yearly and effective on September 15.
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.
List 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:
[[Page 58072]]
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 14 CFR 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.
0
2. Section 71.1 is revised to read as follows:
Sec. 71.1 Applicability.
A listing for Class A, B, C, D, and E airspace areas; air traffic
service routes; and reporting points can be found in FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023. This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. The approval to incorporate by reference FAA Order JO 7400.11H is
effective September 15, 2023, through September 15, 2024. During the
incorporation by reference period, proposed changes to the listings of
Class A, B, C, D, and E airspace areas; air traffic service routes; and
reporting points will be published in full text as proposed rule
documents in the Federal Register, unless there is good cause to forego
notice and comment. Amendments to the listings of Class A, B, C, D, and
E airspace areas; air traffic service routes; and reporting points will
be published in full text as final rules in the Federal Register.
Periodically, the final rule amendments will be integrated into a
revised edition of the Order and submitted to the Director of the
Federal Register for approval for incorporation by reference in this
section. This incorporation by reference (IBR) material is available
for inspection at the Federal Aviation Administration (FAA) and at the
National Archives and Records Administration (NARA). Contact the FAA
at: Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591, (202) 267-8783. An
electronic version of FAA Order JO 7400.11H is available on the FAA
website at <a href="http://www.faa.gov/air_traffic/publications">www.faa.gov/air_traffic/publications</a>. Copies of FAA Order JO
7400.11H may be inspected in Docket No. FAA-2023-1785; Amendment No.
71-55, on <a href="http://www.regulations.gov">www.regulations.gov</a>. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federalregister/CFR/IBR-locations.html">www.archives.gov/federalregister/CFR/IBR-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#7d1b0f5314130e0d181e091412133d131c0f1c531a120b"><span class="__cf_email__" data-cfemail="0167732f686f7271646275686e6f416f6073602f666e77">[email protected]</span></a>.
Sec. 71.5 [Amended]
0
3. Section 71.5 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.15 [Amended]
0
4. Section 71.15 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.31 [Amended]
0
5. Section 71.31 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.33 [Amended]
0
6. Paragraph (c) of section 71.33 is amended by removing the words
``FAA Order JO 7400.11G'' and adding, in their place, the words ``FAA
Order JO 7400.11H.''
Sec. 71.41 [Amended]
0
7. Section 71.41 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.51 [Amended]
0
8. Section 71.51 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.61 [Amended]
0
9. Section 71.61 is amended by removing the words ``FAA Order JO
7400.11G'' and adding, in their place, the words ``FAA Order JO
7400.11H.''
Sec. 71.71 [Amended]
0
10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended
by removing the words ``FAA Order JO 7400.11G'' and adding, in their
place, the words ``FAA Order JO 7400.11H.''
Sec. 71.901 [Amended]
0
11. Paragraph (a) of section 71.901 is amended by removing the words
``FAA Order JO 7400.11G'' and adding, in their place, the words ``FAA
Order JO 7400.11H.''
Issued in Washington, DC, on August 22, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-18344 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.