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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2024-2685; Airspace Docket No. 24-AWP-104]
          - RIN 2120-AA66

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

This action revokes the Class D and Class E airspace in the Republic of the Marshall Islands (RMI). RMI is an independent nation, and the FAA does not have regulatory authority to establish or amend domestic airspace pursuant to Title 14 Code of Federal Regulations (14 CFR) part 71 over RMI's land or territorial waters.

# DATES:

Effective date 0901 UTC, April 17, 2025. 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 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 7400.11J, 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, Policy Directorate, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-8783.                    

# FOR FURTHER INFORMATION CONTACT:

Steven Roff, Rules and Regulations Group, Policy Directorate, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-8783.

# 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 is a required change due to not having regulatory authority to establish or amend airspace at RMI pursuant to 14 CFR part 71.

## History

In 2024, the FAA received a request for formal interpretation of the airspace associated with Republic of the Marshall Islands (RMI). This request led to an in-depth review of the Class D and Class E airspace at RMI. In 1947, the United Nations assigned the United States administering authority over the Trust Territory of the Pacific Islands, which included RMI. During this time, the FAA established Class D and Class E airspace, pursuant to 14 CFR part 71. This airspace was established in support of the Bucholz Army Airfield located on the Kwajalein Atoll in RMI. In 1986, the United States and RMI entered a Compact of Free Association which established RMI as a sovereign nation. When the United States entered the Compact of Free Association with RMI, the FAA's authority to establish or amend airspace pursuant to 14 CFR part 71 was no longer applicable to RMI. However, the previously established airspace was never revoked. This action corrects this and revokes the Class D and Class E airspace associated with RMI.

## Incorporation by Reference

                    Class D airspace areas are published in paragraph 5000 and Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in paragraph 6005 and 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 7400.11J, dated July 31, 2024, and effective September 15, 2024. FAA Order JO 7400.11J 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 7400.11J 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 revoking the Class D and Class E airspace in the RMI. RMI is an independent nation, and the FAA does not have regulatory authority to establish or amend domestic airspace pursuant to 14 CFR part 71 over RMI's land or territorial waters.

This action is a required change due to the FAA not having regulatory authority to establish or amend airspace at RMI pursuant to 14 CFR part 71, therefore notice and public procedure under 5 U.S.C. 553(b) is unnecessary.

## 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)                           ( print page 7995)                        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 of revoking Class D and Class E airspace in the RMI qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321*et seq.*) and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-6.5a, which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA has reviewed this action for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis. The FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact study.                

# 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); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows:

### Paragraph 5000 General.

* * * * *

## AWP RM D Kwajalein Island, Marshall Islands, RMI [Removed]

* * * * *

### Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

* * * * *

## AWP RM E5 Kwajalein Island, Marshall Islands, RMI [Removed]

* * * * *

Issued in Washington, DC, on January 15, 2025.

Brian Eric Konie,

Manager (A), Rules and Regulations Group.

[FR Doc. 2025-01453 Filed 1-22-25; 8:45 am]

BILLING CODE 4910-13-P