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[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Rules and Regulations]
[Pages 7994-7995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01453]

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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

Revocation of the Kwajalein Island Class D and Class E Airspace 
in the Republic of the Marshall Islands

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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)

[[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

0
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.

Sec.  71.1  [Amended]

0
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
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