Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42587 

Issued in College Park, Georgia, on August 

15, 2018. 

Ken Brissenden, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2018–18035 Filed 8–22–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2017–1159; Airspace 

Docket No. 17–ASO–23] 

RIN 2120–AA66 

Amendment of Class D Airspace and 

Class E Airspace; Jacksonville, NC 

and Establishment of Class D 

Airspace; Jacksonville, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

airspace at New River Marine Corps Air 

Station (MCAS), at Jacksonville, NC, by 

removing Albert J. Ellis Airport, 

Jacksonville, NC, from the legal 

description, and establishing Albert J. 

Ellis Airport under its own designation. 

This is an editorial change that 

continues to provide the controlled 

airspace required for the new air traffic 

control tower at Albert J. Ellis Airport 

for the safety and management of 

instrument flight rules (IFR) operations. 

This action also updates the geographic 

coordinates of New River MCAS in 

Class D and E airspace, replaces the 

outdated term ‘‘Airport/Facility 

Directory’’ with the term ‘‘Chart 

Supplement’’, and makes an editorial 

change to the airspace designation. 

DATES: Effective 0901 UTC, November 8, 

2018. 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 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.11B, 

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 7400.11B at NARA, call (202) 

741–6030, or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; telephone (404) 

305–6364. 

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 E airspace at New River 

MCAS, and establishes Class D airspace 

at Albert J. Ellis Airport, Jacksonville, 

NC, to support IFR operations at these 

airports. 

History 

The FAA published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register (83 FR 9243, March 5, 

2018) for Docket No. FAA–2017–1159 to 

amend Class D airspace, and Class E 

airspace designated as an extension to a 

Class D surface area at New River MCAS 

and Albert J. Ellis Airport, Jacksonville, 

NC. Subsequent to publication, the FAA 

determined that establishment of Albert 

J. Ellis Airport in Class D airspace, 

associated with the New River MCAS, 

should be established under its own 

designation, thereby removing Albert J. 

Ellis Airport, Jacksonville, NC, from the 

New River MCAS Class D airspace 

description. This is merely an editorial 

change and does not alter the 

boundaries or operating requirements of 

the airspace. Except for this change, this 

rule is the same as published in the 

NPRM. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. Two comments 

were received supporting the proposal. 

While the Aircraft Owners and Pilots 

Association (AOPA) supported this 

proposal, they stated that the NPRM did 

not comply with FAA guidance in Order 

7400.2L, Procedures for Handling 

Airspace Matters, because a graphic was 

not included in the docket. 

Additionally, AOPA encouraged the 

FAA to follow their guidance in the 

Order by making the action effective 

date coincidental to the sectional chart 

publication date. 

The FAA has determined AOPA’s 

comments raised no substantive issues 

with respect to the proposed changes to 

the airspace addressed in the NPRM. To 

the extent the FAA failed to follow its 

policy guidance reference publishing 

graphics in the docket and the 

amendment of the Class D airspace 

effective date to match the sectional 

chart date, we note the following. 

With respect to AOPA’s comment 

addressing graphics, FAA Order 

7400.2.L, paragraph 2–3–3.c. requires 

the official docket to include available 

graphics. For this airspace action, no 

graphics were deemed necessary or 

produced in the review or development 

of the proposed airspace amendments 

noted in the NPRM; therefore, no 

graphics were available to include in the 

docket. 

Specific to AOPA’s comment 

regarding the FAA already creating a 

graphical depiction of new or modified 

airspace overlaid on a Sectional Chart 

for quality assurance purposes, this is 

not correct nor required in all cases. 

During the airspace reviews, airspace 

graphics may be created, if deemed 

necessary, to determine if there are any 

terrain issues, or if cases are considered 

complex. However, in many cases, 

when developing an airspace 

amendment proposal, a graphic is not 

required. It was unclear if the graphic 

AOPA argued was already created with 

a sectional chart background was 

actually the airspace graphic created by 

the Aeronautical Informational Services 

office in preparation of publishing the 

sectional charts. However, that graphic 

is normally created after the rulemaking 

determination is published. 

With respect to AOPA’s comment 

addressing effective dates, FAA Order 

7400.2L, paragraph 2–3–7.a.4. states 

that, to the extent practicable, Class D 

airspace area and restricted area rules 

should become effective on a sectional 

chart date and that consideration should 

be given to selecting a sectional chart 

date that matches a 56-day enroute chart 

cycle date. The FAA does consider 

publishing Class D airspace amendment 

effective dates to coincide with the 


daltland on DSKBBV9HB2PROD with RULES
42588 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

publication of sectional charts, to the 

extent practicable; however, this 

consideration is accomplished after the 

NPRM comment period ends in the 

Final Rule. Substantive comments 

received to NPRMs, flight safety 

concerns, management of IFR operations 

at affected airports, and immediacy of 

required proposed airspace amendments 

are some of the factors that must be 

taken into consideration when selecting 

the appropriate effective date. After 

considering all factors, the FAA may 

determine that selecting an effective 

date that conforms to a 56-day enroute 

chart cycle date that is not coincidental 

to sectional chart dates is better for the 

National Airspace System and its users 

than awaiting the next sectional chart 

date. Class D and E airspace 

designations are published in paragraph 

5000 and 6004, respectively, of FAA 

Order 7400.11B dated August 3, 2017, 

and effective September 15, 2017, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class D and 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 

7400.11B, Airspace Designations and 

Reporting Points, dated August 3, 2017, 

and effective September 15, 2016. FAA 

Order 7400.11B is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11B 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 

amends Class D airspace and Class E 

airspace designated as an extension at 

New River MCAS, Jacksonville, NC, by 

amending the geographic coordinates of 

New River MCAS to coincide with the 

FAA’s aeronautical database. 

Also, an editorial change is made to 

the airspace designation removing the 

city associated with New River MCAS 

in Class D airspace and Class E airspace 

designated as an extension, to comply 

with a change to FAA Order 7400.2L, 

Procedures for Handling Airspace 

Matters. An editorial change also is 

made to the legal description of New 

River MCAS for the classes above 

replacing ‘‘Airport/Facility Directory’’ 

with ‘‘Chart Supplement’’. 

Additionally, an editorial change is 

made moving establishment of the 

Albert J. Ellis Airport Class D airspace 

description from the Jacksonville, NC 

airspace associated with New River 

MCAS, and establishing the airspace 

under its own designation at 

Jacksonville, NC. 

Class D and E airspace designations 

are published in Paragraphs 5000 and 

6004, respectively, of FAA Order 

7400.11B, dated August 3, 2017, and 

effective September 15, 2017, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designation 

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. 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 Federal Aviation 

Administration Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, effective 

September 15, 2017, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO NC D Jacksonville, NC [Amended] 

New River MCAS, NC 

(Lat. 34°42′30′′ N, long. 77°26′23′′ W) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 5-mile radius of New River MCAS. 

This Class D airspace area is effective during 

the specific days and times established in 

advance by a Notice to Airmen. The effective 

days and times will thereafter be 

continuously published in the Chart 

Supplement. 

ASO NC D Jacksonville, NC [New] 

Albert J. Ellis Airport, NC 

(Lat. 34°49′45′′ N, long. 77°36′44′′ W) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.2-mile radius of Albert J. Ellis 

Airport. This Class D airspace area is 

effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Chart Supplement. 

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO NC E4 Jacksonville, NC [Amended] 

New River MCAS, NC 

(Lat. 34°42′30′′ N, long. 77°26′23′′ W) 

New River TACAN 

(Lat. 34°42′26′′ N, long. 77°26′25′′ W) 

That airspace extending upward from the 

surface within 3.2 miles each side of New 

River TACAN 239° radial, extending from the 

5-mile radius of New River MCAS to 7 miles 

southwest of the TACAN. This Class E 

airspace area is effective during the specific 

days and times established in advance by a 

Notice to Airmen. The effective days and 

times will thereafter be continuously 

published in the Chart Supplement. 

Issued in College Park, Georgia, on August 

14, 2018. 

Ryan W. Almasy, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2018–18043 Filed 8–22–18; 8:45 am] 

BILLING CODE 4910–13–P 


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