Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations 34267 

Issued in Burlington, Massachusetts, on 

May 23, 2016. 

Colleen M. D’Alessandro, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2016–12549 Filed 5–27–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–5800; Airspace 

Docket No. 15–AGL–21] 

Establishment of Class E Airspace; 

Lisbon, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace in Lisbon, ND. Controlled 

airspace is necessary to accommodate 

new Area Navigation (RNAV) Standard 

Instrument Approach Procedures at 

Lisbon Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at the airport. 

DATES: Effective 0901 UTC, September 

15, 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 on line at http://

www.faa.gov/airtraffic/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 

this material 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: Raul 

Garza, Jr., Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 10101 Hillwood Parkway, Fort 

Worth, TX 76177; telephone: (817) 222– 

5874. 

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 establishes 

controlled airspace at Lisbon Municipal 

Airport, Lisbon, ND. 

History 

On February 17, 2016, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E Airspace in the 

Lisbon, ND area. (81 FR 8026) Docket 

No. FAA–2015–5800. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

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 

establishes Class E airspace extending 

upward from 700 feet above the surface 

within a 6.5-mile radius of Lisbon 

Municipal Airport, Lisbon, ND, to 

accommodate new RNAV standard 

instrument approach procedures. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

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 5–6.5. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exists 

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. 


asabaliauskas on DSK3SPTVN1PROD with RULES
34268 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations 

§ 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, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL ND E5 Lisbon, ND [New] 

Lisbon Municipal Airport, ND 

(Lat. 46°26′49′′ N., long. 097°43′42′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Lisbon Municipal Airport. 

Issued in Fort Worth, TX, on May 9, 2016. 

Robert W. Beck 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–12508 Filed 5–27–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket Number [160413330–6330–01]] 

RIN 0648–BF99 

Delay of Discharge Requirements for 

U.S. Coast Guard Activities in Greater 

Farallones and Cordell Bank National 

Marine Sanctuaries 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Final rule; delay of effectiveness 

for discharge requirements with regard 

to U.S. Coast Guard activities. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

expanded the boundaries of Gulf of the 

Farallones National Marine Sanctuary 

(now renamed Greater Farallones 

National Marine Sanctuary or GFNMS) 

and Cordell Bank National Marine 

Sanctuary (CBNMS) to an area north 

and west of their previous boundaries 

with a final rule published on March 12, 

2015. The final rule entered into effect 

on June 9, 2015. At that time, NOAA 

postponed the effectiveness of the 

discharge requirements in both 

sanctuaries’ regulations in the areas 

added to GFNMS and CBNMS 

boundaries in 2015 with regard to U.S. 

Coast Guard activities for 6 months. 

This notice extends the postponement 

of the discharge requirements for these 

activities for another 6 months to 

provide adequate time for completion of 

an environmental assessment, and 

subsequent rulemaking, as appropriate. 

DATES: The effectiveness for the 

discharge requirements in both CBNMS 

and GFNMS expansion areas with 

regard to U.S. Coast Guard activities is 

December 9, 2016. 

ADDRESSES: Copies of the FEIS, final 

management plans, and the final rule 

published on March 12, 2015, can be 

viewed or downloaded at http://

farallones.noaa.gov/manage/expansion_

cbgf.html. 

FOR FURTHER INFORMATION CONTACT: 

Maria Brown, Greater Farallones 

National Marine Sanctuary 

Superintendent, at Maria.Brown@

noaa.gov or 415–561–6622. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2015, NOAA expanded 

the boundaries of Gulf of the Farallones 

National Marine Sanctuary (now 

renamed Greater Farallones National 

Marine Sanctuary or GFNMS) and 

Cordell Bank National Marine Sanctuary 

(CBNMS) to an area north and west of 

their previous boundaries with a final 

rule (80 FR 13078). The final rule 

entered into effect on June 9, 2015 (80 

FR 34047). To ensure that the March 12, 

2015, rule does not undermine USCG’s 

ability to perform its duties, at that time, 

NOAA postponed the effectiveness of 

the discharge requirements in both 

sanctuaries’ regulations with regard to 

U.S. Coast Guard (USCG) activities for 6 

months. An additional six month 

postponement of the effectiveness of the 

discharge requirements was published 

in the Federal Register on December 1, 

2015 (80 FR 74985), to provide adequate 

time for completion of an environmental 

assessment and to determine NOAA’s 

next steps. Without further NOAA 

action, the discharge regulations would 

become effective with regard to USCG 

activities June 9, 2016. However, NOAA 

needs more time to assess USCG 

activities, conduct public scoping, and 

develop alternatives for an 

environmental assessment developed 

pursuant to the requirements of the 

National Environmental Policy Act. 

Therefore, this notice postpones the 

effectiveness of the discharge 

requirements in the expansion areas of 

both sanctuaries with regard to USCG 

activities for another 6 months, until 

December 9, 2016. During this time, 

NOAA will consider how to address 

USCG’s concerns and will consider, 

among other things, whether to exempt 

certain USCG activities in sanctuary 

regulations. The public, other federal 

agencies, and interested stakeholders 

will be given an opportunity to 

comment on various alternatives that 

are being considered. This will include 

the opportunity to review any proposed 

rule and related environmental analysis. 

In the course of the rule making to 

expand GFNMS and CBNMS, NOAA 

learned from USCG that the discharge 

regulations had the potential to impair 

the operations of USCG vessels and air 

craft conducting law enforcement and 

on-water training exercises in GFNMS 

and CBNMS. The USCG supports 

national marine sanctuary management 

by providing routine surveillance and 

dedicated law enforcement of the 

National Marine Sanctuaries Act and 

sanctuary regulations. 

II. Classification 

A. National Environmental Policy Act 

NOAA previously conducted an 

environmental analysis under the 

National Environmental Policy Act 

(NEPA) as part of the rulemaking 

process leading to the expansion of 

CBNMS and GFNMS, which addressed 

regulations regarding the discharge of 

any matter or material in the 

sanctuaries. The environmental impacts 

of the decision to postpone effectiveness 

reflect a continuation of the 

environmental baseline and the no 

action alternative presented in that 

analysis. Should NOAA decide to 

amend the regulations governing 

discharges for USGS activities in 

CBNMS and GFNMS, any additional 

environmental analysis required under 

NEPA would be prepared and released 

for public comment. 

B. Executive Order 12866: Regulatory 

Impact 

This action has been determined to be 

not significant for purposes of the 

meaning of Executive Order 12866. 

C. Administrative Procedure Act 

The Assistant Administrator of 

National Ocean Service (NOS) finds 

good cause pursuant to 5 U.S.C. 

553(b)(B) to waive the notice and 

comment requirements of the 

Administrative Procedure Act (APA) 

because this action is administrative in 

nature. This action postpones the 

effectiveness of the discharge 

requirements in the regulations for 

CBNMS and GFNMS in the areas added 

to the sanctuaries’ boundaries in 2015 

(subject to notice and comment review) 

with regard to U.S. Coast Guard 

activities for 6 months to provide 

adequate time for public scoping, 


asabaliauskas on DSK3SPTVN1PROD with RULES