12002 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ANM WA E5 Willapa Harbor Heliport, 

South Bend, WA [New] 

Willapa Harbor Heliport, WA 

(Lat. 46°39′47′′ N., long. 123°48′44′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 1.8-mile 

radius of Willapa Harbor Heliport, and that 

airspace bounded by a line beginning at a 

point where the Willapa Harbor 278° bearing 

intersects the Willapa Harbor 1.8-mile radius, 

thence northwest to lat. 46°42′26′′ N., long. 

123°55′39′′ W.; to lat. 46°45′28′′ N., long. 

123°52′46′′ W.; to lat. 46°43′55′′ N., long. 

123°48′46′′ W.; to lat. 46°41′18′′ N., long. 

123°46′14′′ W.; to a point where the Willapa 

Harbor 98° bearing intersects the Willapa 

Harbor 1.8-mile radius, thence clockwise 

along the 1.8-mile radius to the point of 

beginning. 

Issued in Seattle, Washington, on February 

26, 2016. 

Christopher Ramirez, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2016–05059 Filed 3–7–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–3751; Airspace 

Docket No. 15–ANM–20] 

Amendment of Class D and Class E 

Airspace; Salem, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class D 

airspace, Class E surface area airspace, 

and Class E airspace extending upward 

from 700 feet above the surface at 

McNary Field, Salem, OR. After further 

review, the FAA found some airspace 

unnecessary for Standard Instrument 

Approach Procedures during Instrument 

Flight Rules (IFR) operations at the 

airport. This action brings the controlled 

airspace into compliance with current 

FAA requirements, and adds to the 

safety and management of IFR 

operations at the airport. 

DATES: Effective 0901 UTC, May 26, 

2016. 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 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

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 FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Steve Haga, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4563. 

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 and Class E airspace at McNary 

Field, Salem, OR. 

History 

On September 21, 2015, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify Class D airspace, Class E 

surface area airspace, Class E airspace 

extending upward from 700 feet above 

the surface at McNary Field, Salem, OR, 

(80 FR 56935). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. A total of 

71 commenters responded to the NPRM. 

All comments received were considered 

before making a determination on this 

final rule. 

Discussion of Comments 

Of the 71 responses received, 19 

concerned the potential economic 

impact to Christmas tree farms in the 

area. The FAA concurs that 

approximately two thirds of the 

Christmas tree farming acreage could be 

adversely affected. To mitigate the 

concerns for the agricultural areas, the 

FAA is creating shelves in the Class D, 

where feasible, between 4 and 5 miles 

southeast and southwest of the airport. 

Many commenters made reference to 

the current airspace configuration. As 

the comments do not pertain to this 

proposal, no changes were required nor 

made. Twenty-four commenters 

requested the airspace to be changed to 

a configuration that existed prior to Aug 

20, 2015. The FAA does not agree; the 

airspace that existed prior to Aug 20, 

2015 did not protect the Instrument 

Flight Rule arrivals and departures or 

account for rising terrain. 

Many commenters referenced the lack 

of adherence to airspace design criteria 

and Safety Risk Management directives 

during the previous airspace 

development process. The FAA does not 

concur. A review of the design process 

and the results was completed for both 

the current and previous proposals. The 

FAA found that all criteria contained in 

FAA Order JO 7400.2, Procedures for 

Handling Airspace Matters; FAA Order 

JO 8000.369, Safety Management 

System and the Administrative 

Procedures Act (5 U.S.C. 501 et seq.) 

were followed. 

Nineteen commenters referenced a 

lack of public input. The FAA 

conducted a review of the process and 

found that all public coordination was 

completed consistent with the process 

outlined in JO 7400.2. 

Three commenters were concerned 

that users would not be aware of 

airspace changes. They recommended 

that future airspace changes occur 

congruently with VFR Sectional chart 

publication and that a Notice to Airman 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations 12003 

(NOTAM) be used to identify pending 

changes. The FAA does not concur with 

publishing airspace changes congruent 

with the charting cycles; this could 

unnecessarily delay airspace changes 

six months to a year. Changes that 

become effective outside of the chart 

publication cycles are reflected in the 

Airport/Facilities Directory (A/FD), in 

the Aeronautical Chart Bulletin section. 

Pilots are required to consult the AF/D, 

prior to flying in a specific area, for 

information related to airspace changes 

that are pending. This publication is 

reviewed to ensure the potential 

airspace changes are published and 

accurate. For this proposal the FAA 

agrees to coordinate congruent effective 

and charting dates. Additionally, the 

FAA has modified its policies to allow 

a facility to post a Pointer NOTAM 

indicating the location of additional 

information for expanding airspace, to 

advise the aviation community of an 

airspace increase or altitude change that 

occurs outside of a sectional chart cycle. 

Several commenters stated that Salem 

air traffic control tower was not aware 

of the changes. The FAA does not agree 

with these comments, as the facility was 

directly involved in and concurred 

with, the previous and current 

proposals. 

Changes From the NPRM 

The description of the Class D 

airspace area has been modified from 

that proposed in the NPRM. In light of 

public input, the FAA reevaluated the 

Class D design for McNary Field and 

incorporated shelves to facilitate access, 

into and out of the impacted Christmas 

Tree Farms, by commercial operators. 

Class D and Class E airspace 

designations are published in paragraph 

5000, 6002, and 6005, respectively, of 

FAA Order 7400.9Z, dated August 6, 

2015, and effective September 15, 2015, 

which is incorporated by reference in 14 

CFR part 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 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class D airspace, Class E 

surface area airspace, and Class E 

airspace extending upward from 700 

feet above the surface at McNary Field, 

Salem, OR. After further review, the 

FAA found some airspace unnecessary 

when implementing Standard 

Instrument Approach Procedures for 

Instrument Flight Rules (IFR) operations 

at the airport. Class D airspace is 

extended upward from the surface to 

and including 2,700 feet within a 4-mile 

radius of McNary Field Airport, 

extending to 5 miles from the east 

clockwise to the north, excluding 

segments below 1,500 feet beyond 4 

miles east and southwest of the airport. 

Class E surface area airspace extends 

upward from the surface within a 4-mile 

radius of McNary Field Airport, 

extending to 5 miles from the east 

clockwise to the north of the airport. 

Class E airspace extending upward from 

700 feet above the surface is modified to 

within a 6.2-mile radius south to the 

northwest of McNary Field, with 

segments extending to 6.7 miles to the 

northeast, and 8.2 miles to the southeast 

of the airport. 

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, 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 

■ 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ANM OR D Salem, OR [Modified] 

Salem, McNary Field, OR 

(Lat. 44°54′34′′ N., long. 123°00′09′′ W.) 

That airspace extending upward from the 

surface to and including 2,700 feet within a 

4-mile radius of McNary Field from the 330° 

bearing from the airport clockwise to the 74° 

bearing, extending to a 5-mile radius from the 

74° bearing clockwise to the 330° bearing 

from the airport, excluding that airspace 

below 1,500 feet beyond 4 miles from the 

airport from the 74° bearing clockwise to the 

133° bearing, and that airspace below 1,500 

feet beyond 4 miles from the airport from the 

164° bearing clockwise to the 254° bearing 

from the airport. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ANM OR E2 Salem, OR [Modified] 

Salem, McNary Field, OR 

(Lat. 44°54′34′′ N., long. 123°00′09′′ W.) 

That airspace extending upward from the 

surface within a 4-mile radius of McNary 

Field from the 330° bearing from the airport 

clockwise to the 074° bearing, and that 

airspace within a 5-mile radius of McNary 

Field from the 074° bearing from the airport 

clockwise to the 330° bearing. 


asabaliauskas on DSK3SPTVN1PROD with RULES
12004 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM OR E5 Salem, OR [Modified] 

Salem, McNary Field, OR 

(Lat. 44°54′34′′ N., long. 123°00′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.2-mile 

radius of McNary Field from the 164° bearing 

from the airport clockwise to the 315° 

bearing, and that airspace within a 6.7-mile 

radius of McNary Field from the 315° bearing 

from the airport clockwise to the 074° 

bearing, and that airspace within a 8.2-mile 

radius of McNary Field from the 074° bearing 

from the airport clockwise to the 164° bearing 

of the airport. 

Issued in Seattle, Washington, on February 

26, 2016. 

Tracey Johnson, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2016–05060 Filed 3–7–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 160106014–6014–01] 

RIN 0694–AG82 

Additions to the Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding four entities to the Entity List. 

The U.S. Government has determined 

that the four entities are acting contrary 

to the national security or foreign policy 

interests of the United States. The four 

entities will be listed on the Entity List 

under the destinations of People’s 

Republic of China (China) and Iran. 

DATES: This rule is effective March 8, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (Supplement No. 4 to 

Part 744) identifies entities and other 

persons reasonably believed to be 

involved, or to pose a significant risk of 

being or becoming involved, in 

activities contrary to the national 

security or foreign policy interests of the 

United States. The EAR imposes 

additional licensing requirements on, 

and limits the availability of most 

license exceptions for, exports, 

reexports, and transfers (in-country) to 

those listed. The ‘‘license review 

policy’’ for each listed entity or other 

person is identified in the License 

Review Policy column on the Entity List 

and the impact on the availability of 

license exceptions is described in the 

Federal Register notice adding entities 

or other persons to the Entity List. BIS 

places entities and other persons on the 

Entity List pursuant to sections of part 

744 (Control Policy: End-User and EndUse Based) and part 746 (Embargoes and 

Other Special Controls) of the EAR. 

The ERC, composed of representatives 

of the Departments of Commerce 

(Chair), State, Defense, Energy, and, 

where appropriate, the Treasury, 

determines all additions to, removals 

from, and other modifications to the 

Entity List. The ERC makes decisions to 

add an entry to the Entity List by 

majority vote and decisions to remove 

or modify an entry by unanimous vote. 

ERC Entity List Decisions 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add four entities—three in 

China and one in Iran—to the Entity List 

under the authority of § 744.11 (License 

requirements that apply to entities 

acting contrary to the national security 

or foreign policy interests of the United 

States) of the EAR. 

The ERC reviewed § 744.11(b) 

(Criteria for revising the Entity List) in 

making the determination to list these 

four entities. Under that paragraph, 

entities and other persons for which 

there is reasonable cause to believe, 

based on specific and articulable facts, 

have been involved, are involved, or 

pose a significant risk of being or 

becoming involved in, activities that are 

contrary to the national security or 

foreign policy interests of the United 

States, and those acting on behalf of 

such persons, may be added to the 

Entity List. Paragraphs (b)(1) through (5) 

of § 744.11 set out an illustrative list of 

activities that could be contrary to the 

national security or foreign policy 

interests of the United States. 

Pursuant to § 744.11 of the EAR, the 

ERC determined that Zhongxing 

Telecommunications Equipment 

Corporation (‘‘ZTE Corporation’’), 

located at ZTE Plaza, Keji Road South, 

Hi-Tech Industrial Park, Nenshan 

District, Shenzhen, China, be added to 

the Entity List under the destination of 

China for actions contrary to the 

national security and foreign policy 

interests of the United States. 

Specifically, the ZTE Corporation 

document ‘‘Report Regarding 

Comprehensive Reorganization and 

Standardization of the Company Export 

Control Related Matters’’ (available at 

http://www.bis.doc.gov) indicates that 

ZTE Corporation has reexported 

controlled items to sanctioned countries 

contrary to United States law. The ZTE 

Corporation document ‘‘Proposal for 

Import and Export Control Risk 

Avoidance’’ (available at http://

www.bis.doc.gov) describes how ZTE 

Corporation also planned and organized 

a scheme to establish, control, and use 

a series of ‘‘detached’’ (i.e., shell) 

companies to illicitly reexport 

controlled items to Iran in violation of 

U.S. export control laws. 

Pursuant to § 744.11 of the EAR, the 

ERC determined that three entities 

located in China and one in Iran should 

be added to the Entity List for actions 

contrary to the national security or 

foreign policy interests of the United 

States. Specifically, the following three 

entities (in addition to ZTE Corporation) 

were identified in the scheme 

developed by ZTE Corporation to 

reexport controlled items to Iran 

contrary to United States law, as 

detailed in the ZTE Corporation 

document ‘‘Proposal for Import and 

Export Control Risk Avoidance,’’ 

referenced above and available on the 

BIS Web site: 

(a) ZTE Kangxun Telecommunications Ltd. 

is named in the ZTE Corporation document 

‘‘Proposal for Import and Export Control Risk 

Avoidance.’’ This entity was designated by 

ZTE Corporation to purchase controlled 

items and provide them to a Chinese 

intermediary trading company for reexport to 

Iran. 

(b) Beijing 8-Star, identified as ‘‘8S’’ is 

described in the ZTE Corporation document 

‘‘Proposal for Import and Export Control Risk 

Avoidance.’’ This entity was designated by 

ZTE Corporation to sign contracts with 

Iranian clients, make purchases of controlled 

items, and reexport the items from China to 

Iran. 

(c) ZTE Parsian is identified as ‘‘ZTE YL’’ 

in the ZTE Corporation document ‘‘Proposal 

for Import and Export Control Risk 

Avoidance.’’ This entity was designated by 

ZTE Corporation to facilitate the illicit 

reexport scheme by providing contracted 

engineering services to ZTE client(s) in Iran 

receiving the controlled items. 

Pursuant to § 744.11(b)(5) of the EAR, 

the ERC determined that the conduct of 

these four entities raises sufficient 

concern that the prior review of exports, 

reexports, and transfers (in-country) of 

items subject to the EAR involving these 


asabaliauskas on DSK3SPTVN1PROD with RULES