Proposed Rule2025-14675
Modification and Revocation of Class E Airspace; Hawaiian Island, HI
Primary source
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Published
August 4, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes to modify the Class E airspace area extending upward from 700 feet above the surface (Class E5 700-foot airspace area) at Lihue Airport (LIH), Lihue, HI; Daniel K. Inouye International Airport (HNL), Honolulu, HI; and Ellison Onizuka Kona International Airport, Keahole (KOA), Kailua-Kona, HI, by adding an additional layer of Class E5 airspace extending upward from 1,200 feet above the surface. This proposed addition of controlled airspace would comply with international airspace treaty provisions and satisfy the State of Hawaii's domestic airspace requirements. Additionally, this action proposes to remove the existing Class E5 airspace area that currently encompasses the Hawaiian Islands and extends beyond 12 miles from the shoreline into international airspace. This proposed action would further modify the Class E4 airspace area designated as an extension to a Class D or Class E surface area at KOA and remove the Class E4 airspace area at LIH. These actions support the safe and efficient management of instrument flight rules (IFR) operations at airports within the Hawaiian Islands.
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<title>Federal Register, Volume 90 Issue 147 (Monday, August 4, 2025)</title>
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[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Proposed Rules]
[Pages 36400-36402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14675]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 147 / Monday, August 4, 2025 /
Proposed Rules
[[Page 36400]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-1187; Airspace Docket No. 24-AWP-84]
RIN 2120-AA66
Modification and Revocation of Class E Airspace; Hawaiian Island,
HI
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to modify the Class E airspace area
extending upward from 700 feet above the surface (Class E5 700-foot
airspace area) at Lihue Airport (LIH), Lihue, HI; Daniel K. Inouye
International Airport (HNL), Honolulu, HI; and Ellison Onizuka Kona
International Airport, Keahole (KOA), Kailua-Kona, HI, by adding an
additional layer of Class E5 airspace extending upward from 1,200 feet
above the surface. This proposed addition of controlled airspace would
comply with international airspace treaty provisions and satisfy the
State of Hawaii's domestic airspace requirements. Additionally, this
action proposes to remove the existing Class E5 airspace area that
currently encompasses the Hawaiian Islands and extends beyond 12 miles
from the shoreline into international airspace. This proposed action
would further modify the Class E4 airspace area designated as an
extension to a Class D or Class E surface area at KOA and remove the
Class E4 airspace area at LIH. These actions support the safe and
efficient management of instrument flight rules (IFR) operations at
airports within the Hawaiian Islands.
DATES: Comments must be received on or before September 18, 2025.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2025-1187 and
Airspace Docket No. 24-AWP-84 using any of the following methods:
* Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and follow
the online instructions for sending your comments electronically.
* Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
* Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FAA Order JO 7400.11J, 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,
600 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Keith T. Adams, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3460.
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
the 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 would modify Class E airspace to support IFR operations
at airports within the Hawaiian Islands.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Availability of Rulemaking Documents
An electronic copy of this document may be downloaded through the
internet at <a href="http://www.regulations.gov">www.regulations.gov</a>. Recently published rulemaking
documents can also be accessed through the FAA's web page at
<a href="http://www.faa.gov/air_traffic/publications/airspace_amendments/">www.faa.gov/air_traffic/publications/airspace_amendments/</a>.
You may review the public docket containing the proposal, any
comments
[[Page 36401]]
received and any final disposition in person in the Dockets Operations
office (see ADDRESSES section for address, phone number, and hours of
operations). An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.
Incorporation by Reference
Class E4 and Class E5 airspace designations are published in
paragraphs 6004 and 6005, respectively, of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, which is incorporated by
reference in 14 CFR 71.1 on an annual basis. This document proposes to
amend the current version of that order, FAA Order JO 7400.11J, dated
July 31, 2024 and effective September 15, 2024. These updates would be
published in the next update to FAA Order JO 7400.11. FAA Order JO
7400.11J, which lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points, is publicly available as
listed in the ADDRESSES section of this document.
Background
In 2018, the FAA identified that the Class E airspace designation
over the Hawaiian Islands extended into international airspace beyond
U.S. territorial waters. Although a 2019 amendment (84 FR 24364; May
28, 2019) attempted to address the issue, it was based on a
misinterpretation of applicable law and did not fully resolve the
error. As a result, the current Class E airspace configuration remains
inconsistent with international law. Under the Chicago Convention and
customary international law--reflected in the United Nations Convention
on the Law of the Sea (UNCLOS) and Proclamation 5928, Territorial Sea
of the United States, issued by President Reagan in 1988--U.S.
territorial waters extend 12 nautical miles from the coastline.
Airspace beyond that limit is international and not subject to U.S.
domestic designation. Hawaii's eight major islands are separated by
distances exceeding 24 nautical miles in some areas, creating gaps of
international airspace. The FAA's 2019 rule incorrectly applied the
concept of ``archipelagic states'' under UNCLOS to justify connecting
the islands with contiguous Class E airspace. However, FAA has since
determined that because Hawaii is a U.S. state, it is not an
archipelagic state under international law, and therefore is not
entitled to such treatment. As confirmed by historical precedent,
aircraft transiting between these island groupings enter international
airspace when more than 12 nautical miles from the coastline. See,
e.g., CAB v. Island Airlines, 235 F. Supp. 990 (D. Haw. 1964). This
notice proposes corrective action to realign the Hawaiian Class E
airspace with U.S. jurisdiction and international legal standards,
restricting it to airspace over U.S. land and territorial waters.
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 that would
modify the Class E airspace extending upward from 700 feet or more
above the surface (Class E5 700-foot airspace area) at LIH, HNL, and
KOA. Additionally, the FAA proposes to revoke the existing Class E
airspace area over the Hawaiian Islands that extends upward from 1,200
feet above the surface (Class E5 1200-foot airspace area) and redefine
it in accordance with U.S. territorial boundaries (i.e., limiting the
airspace to 12 miles from the state's coastline) to ensure compliance
with international airspace sovereignty provisions. Each of the three
airports' Class E5 (extending up from 700 feet above the surface)
airspace areas would be modified to include an additional layer of
Class E5 (extending upward from 1,200 feet above the surface) airspace
area, designed to contain the respective island groups' territorial
lands and coastal waters. The following discussion provides more detail
regarding each of the specific modifications.
First, the LIH Class E5 (700 feet above the surface) airspace area
would incorporate an additional Class E5 (1,200 feet above the surface)
airspace area encompassing the islands of Kauai and Ni[acute]ihau and
the islet of Ka[acute]ula limiting the airspace to 12 miles from the
coastline. Additionally, the Class E5 (700 feet above the surface)
airspace area should be modified to better contain the very high
frequency omnidirectional range (VOR)/tactical air navigation (TACAN)
Runway (RWY) 21 instrument approach procedures for LIH, extending
upward from 700 feet above the surface within a 4.3-mile radius of the
airport extending to the 7.3-mile radius between the airport's 354[deg]
bearing clockwise to the 192[deg] bearing. Additionally, the Class E
airspace designated as an extension to a Class D or Class E surface
area (Class E4 airspace area) should be revoked as arriving aircraft
descending through 1,000 feet above the surface are already contained
within existing Class D and Class E2 surface areas associated with the
airport.
Next, the HNL Class E5 (700 feet above the surface) airspace area
would incorporate an additional Class E5 (1,200 feet above the surface)
airspace area encompassing the islands of Oahu, Molokai, L[amacr]nai,
Kahoolawe, and Maui limiting the airspace to 12 miles from the
coastline. Additionally, the airport's name should be changed from
Honolulu International Airport to Daniel K. Inouye International
Airport in the airspace legal description to provide accurate and
updated information.
Furthermore, the KOA Class E5 (700 feet above the surface) airspace
area would incorporate an additional Class E5 (1,200 feet above the
surface) airspace area encompassing the island of Hawaii limiting the
airspace within 12 miles from the coastline. The KOA Class E5 (700 feet
above the surface) airspace area should also be modified to better
contain the VOR distance measuring equipment (DME)/TACAN RWY 17
approach procedures. The amended Class E5 (700 feet) airspace area
would extend upward from 700 feet above the surface within the
airport's 7.4-mile radius, and within 4 miles either side of the
airport's 002[deg] bearing extending from the airport's 7.4-mile radius
to 11 miles north. Additionally, the Class E4 airspace area should be
modified to better contain the previously mentioned instrument approach
procedures, extending upward from the surface within 2.8 miles either
side of the airport's 186[deg] bearing extending from the airport's
4.3-mile radius to 5.7 miles south, and within 3.6 miles either side of
the airport's 002[deg] bearing extending from the airport's 4.3-mile
radius to 9.5 miles north. Lastly, the airport name should be changed
from Kona International Airport at Keahole to Ellison Onizuka Kona
International Airport at Keahole in the airspace legal description to
provide accurate and updated information.
Regulatory Notices and Analyses
The FAA has determined that this proposed 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
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will
[[Page 36402]]
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with the National Environmental Policy Act (NEPA), 42 U.S.C.
4321, et seq., prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.
* * * * *
AWP HI E4 Kailua-Kona, HI [Amended]
Ellison Onizuka Kona International at Keahole, HI
(Lat. 19[deg]44'20'' N, long. 156[deg]02'44'' W)
That airspace extending upward from the surface within 2.8 miles
each side of the 186[deg] bearing from the airport extending from
the 4.3-mile radius of the airport to 5.7 miles south of the
airport, and within 3.6 miles each side of the 002[deg] bearing of
the airport extending from the 4.3-mile radius to 9.5 miles north of
the airport.
* * * * *
AWP HI E4 Lihue HI [Removed]
Lihue Airport, HI
(Lat. 21[deg]58'34'' N, long. 159[deg]20'20'' W)
That airspace extending upward from the surface within that
airspace beginning at lat. 21[deg]54'25'' N, long. 159[deg]21'36''
W, thence clockwise to lat. 21[deg]58'15'' N, long. 159[deg]15'42''
W; to lat. 21[deg]55'03'' N, long. 159[deg]12'10'' W; to lat.
21[deg]51'03'' N, long. 159[deg]11'05'' W; to lat. 21[deg]50'34'' N,
long. 159[deg]21'50'' W, thence to the point of beginning.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AWP HI E5 Lihue, HI [Amended]
Lihue Airport, HI
(Lat. 21[deg]58'34'' N, long. 159[deg]20'20'' W)
That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of the airport, and within an area between
the airport's 354[deg] bearing clockwise to the 192[deg] bearing
between the 4.3-mile radius and the 7.3-mile radius; and that
airspace extending upward from 1,200 feet above the surface within
12 NM of the shoreline of the islands of Kauai, Ni'Ihau, and Ka'ula.
* * * * *
AWP HI E5 Honolulu, HI (Amended)
Daniel K. Inouye International Airport, HI
(Lat. 21[deg]19'07'' N, long. 157[deg]55'21'' W)
Kalaeloa John Rodgers Field
(Lat. 21[deg]18'26'' N, long. 158[deg]04'13'' W)
Honolulu VORTAC
(Lat. 21[deg]18'30'' N, long. 157[deg]55'50'' W)
That airspace extending upward from 700 feet above the surface
south and southeast of Daniel K. Inouye International Airport
beginning at lat. 21[deg]20'19'' N, long. 157[deg]49'00'' W, thence
southeast to lat. 21[deg]16'31.15'' N, long. 157[deg]45'11.19'' W,
thence east along the shoreline to where the shoreline intercepts
the Honolulu VORTAC 15-mile radius, then clockwise along the 15-mile
radius of the Honolulu VORTAC to intercept the Honolulu VORTAC
241[deg] radial, then northeast bound along the Honolulu VORTAC
241[deg] radial to intercept the 4.3-mile radius south of Kalaeloa
John Rogers Field, then counterclockwise along the arc of the 4.3-
mile radius of Kalaeloa John Rogers field to and counterclockwise
along the arc of a 5-mile radius of the Honolulu VORTAC to the
Honolulu VORTAC 106[deg] radial, then westbound along the Honolulu
106[deg] radial to the 4-mile radius of the Honolulu VORTAC, then
counterclockwise along the 4-mile radius to intercept the Honolulu
VORTAC 071[deg] radial, thence to the point of beginning, excluding
that portion beyond 12 NM of the coastline, and that airspace
beginning at lat. 21[deg]10'25'' N, long. 158[deg]11'22'' W; to lat.
21[deg]16'05'' N, long. 158[deg]14'35'' W; to lat. 21[deg]16'30'' N,
long. 158[deg]13'46'' W; to lat. 21[deg]16'50'' N, long.
158[deg]00'00'' W; to the point of beginning; and that airspace
extending upward from 1,200 feet above the surface within 12 NM of
the shoreline of the islands of Oahu, Molokai, Lanai, Maui, and
Kaho'olawe.
* * * * *
AWP HI E5 Kailua-Kona, HI [Amended]
Ellison Onizuka Kona International Airport at Keahole, HI
(Lat. 19[deg]44'20'' N, long. 156[deg]02'44'' W)
That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Ellison Onizuka Kona International
Airport at Keahole, and within 4 miles each side of the 002[deg]
bearing of the airport extending from the 7.4-mile radius to 11
miles north of the airport; and that airspace extending upward from
1,200 feet above the surface within 12 miles off the coastline of
the Island of Hawaii.
* * * * *
AWP HI E5 Hawaiian Islands, HI [Removed]
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 Des Moines, Washington, on July 22, 2025.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2025-14675 Filed 8-1-25; 8:45 am]
BILLING CODE 4910-13-P
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