2022-19291. 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 7400.11G, 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, 2022, through September 15, 2023. The incorporation by reference of FAA Order JO 7400.11G is approved by the Director of the Federal Register as of September 15, 2022, through September 15, 2023.

ADDRESSES:

FAA Order 7400.11G, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at www.faa.gov/​air_​traffic/​publications/​. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: [phone].

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: [phone].

SUPPLEMENTARY INFORMATION:

History

FAA Order JO 7400.11F, Airspace Designations and Reporting Points, effective September 15, 2021, 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 § 71.1, effective September 15, 2021, through September 15, 2022. During the incorporation by reference period, the FAA processed all proposed changes of the airspace listings in FAA Order JO 7400.11F 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 7400.11G, Airspace Designations and Reporting Points. The Director of the Federal Register has approved the incorporation by reference of FAA Order JO 7400.11G in section 71.1, as of September 15, 2022, through September 15, 2023. 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 7400.11G.

Availability and Summary of Documents for Incorporation by Reference

This document incorporates by reference FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, in section 71.1. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this final rule. FAA Order JO 7400.11G 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 7400.11G, effective September 15, 2022, through September 15, 2023. During the incorporation by reference period, the FAA will continue to process 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 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 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 action: (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. This action neither places any new restrictions or requirements on the public, nor changes the dimensions or operation requirements of the airspace listings incorporated by reference in part 71.

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:

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

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.

2. Section 71.1 is revised to read as follows:

§ 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 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022. 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 7400.11G is effective September 15, 2022, through September 15, 2023. 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 FAA Order JO 7400.11 and submitted to the Director of the Federal Register for approval for incorporation by reference in this section. Copies of FAA Order JO 7400.11G may be obtained from Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, [phone]. An electronic version of FAA Order JO 7400.11G is available on the FAA website at www.faa.gov/​air_​traffic/​publications. Copies of FAA Order JO 7400.11G may be inspected in Docket No. FAA-2022-1022; Amendment No. 71-54, on www.regulations.gov. A copy of FAA Order JO 7400.11G may be inspected at the National Archives and Records Administration (NARA). For information on the availability of FAA Order JO 7400.11G at NARA, email: [e-mail] or go to www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

§ 71.5

[Amended]

3. Section 71.5 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.15

[Amended]

4. Section 71.15 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.31

[Amended]

5. Section 71.31 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.33

[Amended]

6. Paragraph (c) of section 71.33 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.41

[Amended]

7. Section 71.41 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.51

[Amended]

8. Section 71.51 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.61

[Amended]

9. Section 71.61 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.71

[Amended]

10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

§ 71.901

[Amended]

11. Paragraph (a) of section 71.901 is amended by removing the words “FAA Order 7400.11F” and adding, in their place, the words “FAA Order JO 7400.11G.”

Issued in Washington, DC, on September 1, 2022.

Scott M. Rosenbloom,

Manager, Airspace Rules and Regulations.