63516 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

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 by 

modifying the Class E airspace 

designated as a surface area, modifying 

the Class E airspace extending upward 

from 700 feet or more above the surface, 

and modifying the administrative 

portions of the Class E airspace legal 

descriptions at Burley Municipal 

Airport, Burley, ID. 

The Class E airspace designated as a 

surface area is oversized for the purpose 

of containing instrument flight 

procedures. The extensions to the 

northwest clockwise through the 

southeast are no longer needed and are 

removed. The central area is expanded 

to be within a 5-mile radius of the 

airport, with a southwest portion 

extending to the airport’s 7-mile radius 

between the airport’s 208° bearing 

clockwise to the 274° bearing to more 

appropriately contain IFR arrival 

operations while between the surface 

and 1,000 feet above the surface, and 

IFR departure operations while between 

the surface and the base of adjacent 

controlled airspace. 

The existing Class E airspace 

extending upward from 700 feet above 

the surface is greatly reduced to more 

appropriately contain arriving IFR 

operations below 1,500 feet above the 

surface and departing IFR operations 

until they reach the next adjacent 

airspace. The west-to-northeast portion 

of the airspace is reduced to be within 

a 6.5-mile radius of the airport, from the 

airport’s 274° bearing clockwise to the 

074° bearing. The southeast portion of 

the airspace is reduced to be within a 

5.6-mile radius of the airport, from the 

airport’s 074° bearing clockwise to the 

208° bearing. Lastly, the southwest 

portion of the airspace had been 

expanded to be within a 7-mile radius 

of the airport, from the airport’s 208° 

bearing clockwise to the 274° bearing. 

Finally, the FAA modified the 

administrative portions of Burley’s Class 

E airspace legal descriptions. The 

Burley very high frequency omnidirectional range/tactical air navigation 

(VORTAC) navigational aid (NAVAID) 

is no longer needed to describe the 

airspace at Burley and should be 

removed. 

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. 

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 5–6.5.a. 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). 

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 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6002 Class E Airspace Areas 

Designated as a Surface Area. 

* * * * * 

ANM ID E2 Burley, ID [Amended] 

Burley Municipal Airport, ID 

(Lat. 42°32′33′′ N, long. 113°46′18′′ W) 

That airspace extending upward from the 

surface within a 5-mile radius of the Burley 

Municipal Airport, and that airspace 

extending upward from the surface between 

a 5-mile radius to a 7-mile radius southwest 

of the airport, from the 208° bearing 

clockwise to the 274° bearing from the 

airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM ID E5 Burley, ID [Amended] 

Burley Municipal Airport, ID 

(Lat. 42°32′33′′ N, long. 113°46′18′′ W) 

That airspace extending upward from 700 

feet above the surface within a 5.6-mile 

radius of the airport, and within a 6.5-mile 

radius of the airport between the 274° bearing 

clockwise to the 074° bearing, and within a 

7-mile radius of the airport, from the 208° 

bearing clockwise to the 274° bearing; That 

airspace extending upward from 1,200 feet 

above the surface beginning at lat. 42°36′45′′ 

N, long. 114°14′48′′ W; to lat. 43°0′1′′ N, long. 

114°2′9′′ W; to lat. 42°59′59′′ N, long. 

112°59′57′′ W; to lat. 42°29′59′′ N, long. 

113°0′0′′ W; to lat. 42°4′13′′ N, long. 

114°30′42′′ W; lat. 42°36′20′′ N, long. 

114°14′35′′ W; lat. 42°36′27′′ N, long. 

114°14′55′′ W; thence to the point of 

beginning. 

* * * * * 

Issued in Des Moines, Washington, on 

September 6, 2023. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2023–19597 Filed 9–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–1471; Airspace 

Docket No. 22–AAL–63] 

RIN 2120–AA66 

Modification of Class E Airspace; 

Ralph M. Calhoun Memorial Airport, 

Tanana, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

E airspace designated as a surface area 

and modifies the Class E airspace 

extending upward from 700 feet above 

the surface at Ralph M. Calhoun 

Memorial Airport, Tanana, AK. 

Additionally, this action updates the 

administrative portion of the airport’s 

Class E airspace legal descriptions. 

These modifications support the safety 


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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 63517 

and management of instrument flight 

rules (IFR) operations at the airport. 

DATES: Effective date 0901 UTC, 

November 30, 2023. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov 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 www.faa.gov/air_traffic/ 

publications/. 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: 

Nathan A. Chaffman, 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 modifies 

Class E airspace to support IFR 

operations at Ralph M. Calhoun 

Memorial Airport, AK. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2022–1471 in the Federal Register 

(88 FR 30687; May 12, 2023), proposing 

to modify Class E airspace at Ralph M. 

Calhoun Memorial Airport, AK. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Incorporation by Reference 

Class E2 and E5 airspace areas are 

published in paragraphs 6002 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 amends the 

current version of that order, FAA Order 

JO 7400.11H, dated August 11, 2023, 

and effective September 15, 2023. FAA 

Order JO 7400.11H is publicly available 

as listed in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

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 by 

modifying the Class E airspace 

designated as a surface area and 

modifying the Class E airspace 

extending upward from 700 feet above 

the surface at Ralph M. Calhoun 

Memorial Airport, AK. 

The Class E surface area airspace at 

the airport is increased from a 3.9-mile 

radius around the airport to a 5.1-mile 

radius to fully contain IFR arrival 

operations between the surface and 

1,000 feet above the surface when 

executing the Very High Frequency 

Omnidirectional Range/Distance 

Measuring Equipment (VOR/DME) 

Runway (RWY) 7 approach or the Area 

Navigation (RNAV) (Global Positioning 

System [GPS]) RWY 7 approach. 

Additionally, the two westward 

extensions to the Class E surface area at 

the airport are removed, as they are no 

longer needed for containing IFR 

operations. Finally, the Class E surface 

area is extended 1.4 miles to the 

southwest to fully contain aircraft 

departing on the RWY 25 Obstacle 

Departure Procedure (ODP) between the 

surface and the base of adjacent 

controlled airspace. 

The Class E airspace extending 

upward from 700 feet above the surface 

at the airport is also modified. The Class 

E airspace area extending upward from 

700 feet above the surface that provided 

a procedure turn area east of the airport 

is no longer needed and is removed. 

Furthermore, the airspace radius is 

increased by 0.2 miles to more 

appropriately accommodate arriving IFR 

operations below 1,500 feet above the 

surface when executing the VOR/DME 

RWY 7 or RNAV (GPS) RWY 7 

approaches. Lastly, the Class E airspace 

extending upward from 700 feet above 

the surface is extended to 10.5 miles 

east of the airport to fully contain 

departing IFR operations until they 

reach 1,200 feet above the surface while 

conducting the RWY 25 ODP. 

Finally, the FAA is modifying the 

administrative text headers to the 

airport’s legal descriptions. The 

geographic coordinates located on line 

three of both legal description text 

headers are updated to match the FAA’s 

database. The Bear Creek nondirectional 

beacon was decommissioned on 

December 2, 2021, and reference to it is 

removed from both legal descriptions. 

Lastly, reference to the Tanana VOR/ 

DME navigational aid is no longer 

needed and is removed from both legal 

descriptions. 

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. 

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 5–6.5.a. 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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 


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63518 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 

1Remote Identification of Unmanned Aircraft 

final rule, 86 FR 4390, January 15, 2021, available 

at https://www.federalregister.gov/documents/2021/ 

01/15/2020-28948/remote-identification-ofunmanned-aircraft. 

2 14 CFR 89.105. 

3Remote Identification of Unmanned Aircraft; 

Delay, 86 FR 13629, March 10, 2021, available at 

https://www.federalregister.gov/documents/2021/ 

03/10/2021-04882/remote-identification-ofunmanned-aircraft-delay. 

4Enforcement Policy Regarding Production 

Requirements for Standard Remote Identification 

Unmanned Aircraft, 87 FR 55685, September 12, 

2022, available at https://www.federalregister.gov/ 

documents/2022/09/12/2022-19644/enforcementpolicy-regarding-production-requirements-forstandard-remote-identification-unmanned. 

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 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR part 71.1 of FAA Order JO 

7400.11H, Airspace Designations and 

Reporting Points, dated August 11, 

2023, and effective September 15, 2023, 

is amended as follows: 

Paragraph 6002 Class E Airspace Areas 

Designated as a Surface Area. 

* * * * * 

AAL AK E2 Tanana, AK [Amended] 

Ralph M. Calhoun Memorial Airport, AK 

(Lat. 65°10′28′′ N, long. 152°06′29′′ W) 

That airspace within a 5.1-mile radius of 

the airport, and within 3.6 miles each side of 

the airport’s 214° bearing extending from the 

5.1-mile radius to 6.5 miles southwest of the 

airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to Air 

Missions. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AAL AK E5 Tanana, AK [Amended] 

Ralph M. Calhoun Memorial Airport, AK 

(Lat. 65°10′28′′ N, long. 152°06′29′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the airport, and within 1.9 miles 

each side of the airport’s 082° bearing 

extending from the 6.6-mile radius to 10.5 

miles east of the airport; that airspace 

extending upward from 1,200 feet above the 

surface within a 73-mile radius of the airport. 

* * * * * 

Issued in Des Moines, Washington, on 

August 31, 2023. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2023–19295 Filed 9–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 89 

[Docket No. FAA–2019–1100; Amdt. No. 89– 

2] 

RIN 2120–AL31 

Enforcement Policy Regarding 

Operator Compliance Deadline for 

Remote Identification of Unmanned 

Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Notification of enforcement 

policy. 

SUMMARY: For noncompliance with the 

remote identification operating 

requirements applicable to unmanned 

aircraft, which occurs on or before 

March 16, 2024, the FAA will consider 

all circumstances, in particular, 

unanticipated issues with the available 

supply and excessive cost of remote 

identification broadcast modules and 

unanticipated delay in the FAA’s 

approval of FAA-recognized 

identification areas, when exercising its 

discretion in determining whether to 

take enforcement action. 

DATES: This policy is effective 

September 15, 2023. 

FOR FURTHER INFORMATION CONTACT: Ben 

Walsh, Flight Technologies and 

Procedures Division, Federal Aviation 

Administration, 800 Independence Ave. 

SW, Building 10A/8th Floor, 

Washington, DC 20591; telephone 1– 

844–FLY–MY–UA (1–844–359–6981); 

email: UAShelp@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of this document may be 

viewed online at https://

www.regulations.gov using the docket 

number listed above. A copy of this 

document will be placed in the docket. 

Electronic retrieval help and guidelines 

are available on the website. It is 

available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. 

Background 

On January 15, 2021, the Remote 

Identification of Unmanned Aircraft 

final rule (RIN 2120–AL31) published in 

the Federal Register.1 Unless otherwise 

authorized by the Administrator or as 

prescribed in 14 CFR 89.120, no person 

may operate an unmanned aircraft 

subject to the applicability in § 89.101 

after September 16, 2023, outside the 

boundaries of an FAA-recognized 

identification area (FRIA) unless it is a 

standard remote identification 

unmanned aircraft or equipped with a 

remote identification broadcast 

module.2 The application and approval 

process for FRIAs is set forth in 14 CFR 

89 subpart C. The majority of the final 

rule became effective on April 21, 

2021.3

In accordance with the final rule, 

standard remote identification 

unmanned aircraft and remote 

identification broadcast modules must 

be designed and produced to meet the 

requirements of Title 14 of the Code of 

Federal Regulations part 89 (14 CFR part 

89). A person designing or producing a 

standard remote identification 

unmanned aircraft or remote 

identification broadcast module for 

operation in the United States must 

show that the unmanned aircraft or 

broadcast module meets the 

requirements of an FAA accepted means 

of compliance. A means of compliance 

describes the methods by which the 

person complies with the performancebased requirements for remote 

identification. 

On September 12, 2022, the FAA 

published an Enforcement Policy 

indicating that the FAA would exercise 

its discretion in determining how to 

handle any apparent noncompliance 

with the manufacturing deadline set 

forth in the final rule, due to the delay 

in acceptance of the ASTM means of 

compliance.4

In recent months, the FAA has 

received significant public feedback 

regarding remote identification 

requirements, including multiple 

requests for an extension of the 

September 16, 2023, remote 

identification operational compliance 

date. Additionally, the FAA has 


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