[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Proposed Rules]
[Page 61660-61662]
[DOCID:fr06oc10-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2010-0784; Airspace Docket No. 10-AWP-5

Proposed Modification of Class D and E Airspace, and Revocation
of Class E Airspace; Flagstaff, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class D and E airspace at
Flagstaff, AZ, to accommodate aircraft departing and arriving under
Instrument Flight Rules (IFR) at Flagstaff Pulliam Airport. This action
also would remove Class E airspace designated as an extension to a
Class D or E surface area at Flagstaff Pulliam Airport. This action,
initiated by the biennial review of the Flagstaff airspace area, would
enhance the safety and management of aircraft operations at the
airport.

DATES: Comments must be received on or before November 22, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0784; Airspace Docket No. 10-AWP-5, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA

2010-0784 and Airspace Docket No. 10-AWP-5) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2010-0784 and Airspace Docket No. 10-AWP-5''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class D airspace and Class E
airspace extending upward from 700 feet above the surface to meet
current standards for IFR departures and arrivals at Flagstaff Pulliam
Airport, Flagstaff, AZ. This modification eliminates the need for Class
E airspace designated as an extension to a Class D or E surface area,
and, therefore, would be removed. This action was initiated by a
biennial review of the airspace and is necessary for the safety and
management of aircraft departing and arriving under IFR operations at
the airport.
    Class D and E airspace designations are published in paragraph
5000, 6004 and 6005, respectively, of FAA Order 7400.9U, dated August
18, 2010, and effective September 15, 2010, which is incorporated by
reference in 14 CFR Part 71.1. The Class D and E airspace designation
listed in this document will be published subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (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 will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 establishes additional controlled airspace at Flagstaff Pulliam
Airport, Flagstaff, AZ.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR Part 71.1 of the FAA
Order 7400.9U, Airspace Designations and Reporting Points, dated August
18, 2010, and effective September 15, 2010 is amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

AWP AZ D Flagstaff, AZ [Modified]

Flagstaff Pulliam Airport, AZ
    (Lat. 35[deg]08'25'' N., long. 111[deg]40'09'' W.)

    That airspace extending upward from the surface to and including
9,500 feet MSL within a 5-mile radius of Flagstaff Pulliam Airport
beginning at lat. 35[deg]13'28'' N., long. 111[deg]37'59'' W.,
clockwise to lat. 35[deg]07'20'' N., long. 111[deg]46'14'' W.,
thence to the point of beginning; and that airspace 1.5 miles each
side of the Flagstaff Pulliam Airport 127[deg] bearing extending to
7 miles southeast of the Flagstaff Pulliam Airport. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6004 Class E airspace areas designated as an extension to
Class D or Class E surface area.

* * * * *

AWP AZ E4 Flagstaff, AZ [Removed]

Paragraph 6005 Class E airspace areas extending upward from 700
feet above the surface.

* * * * *

AWP AZ E5 Flagstaff, AZ [Modified]

Flagstaff Pulliam Airport, AZ
    (Lat. 35[deg]08'25'' N., long. 111[deg]40'09'' W.)

    That airspace extending upward from 700 feet above the surface
beginning southwest of the Flagstaff Pulliam Airport at lat.
35[deg]07'58'' N., long. 111[deg]50'44'' W., clockwise along an 8.5
mile arc to lat. 35[deg]16'04'' N., long. 111[deg]36'7'' W., thence
to lat. 35[deg]08'25'' N., long. 111[deg]14'50'' W., thence to lat.
35[deg]08'25'' N., long. 111[deg]14'50'' W., to lat. 34[deg]54'20''
N.,

long. 111[deg]26'11'' W., to lat. 34[deg]58'47'' N., long.
111[deg]37'17'' W., to lat. 34[deg]43'58'' N., long. 111[deg]50'21''
W., to lat. 34[deg]45'01'' N., long. 112[deg]01'17'' W., to lat.
34[deg]54'24'' N., long. 112[deg]05'16'' W., to lat. 35[deg]08'10''
N., long. 111[deg]51'59'' W., thence to the point of beginning. That
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 35[deg]05'04'' N., long. 112[deg]27'43''
W., to lat. 35[deg]11'22'' N., long. 110[deg]52'43'' W., thence
clockwise along the 39 mile arc to the point of beginning, excluding
the Sedona, AZ, Class E airspace area.

    Issued in Seattle, Washington, on September 30, 2010.
Lori Andriesen,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-25200 Filed 10-5-10; 8:45 am]
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[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Rules and Regulations]
[Pages 20733-20735]
[FR Doc No: 2018-09789]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2017-0446]
RIN 1625-AA00

Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone
extending 500 meters around the Appomattox Floating Production System
(FPS) facility located in Mississippi Canyon Block 437 on the Outer
Continental Shelf (OCS) in the Gulf of Mexico. This action is necessary
to protect the facility from all vessels operating outside the normal
shipping channels and fairways that are not providing services to or
working with the facility. Only vessels measuring less than 100 feet in
length overall and not engaged in towing, attending vessels as defined
in 33 CFR 147.20, or those vessels specifically authorized by the
Eighth Coast Guard District Commander or a designated representative
are permitted to enter or remain in the safety zone.

DATES: This rule is effective on May 8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0446 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Laura Knoll, U.S. Coast Guard, District Eight
Waterways Management Branch; telephone<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating production system
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Shell Exploration and Production Co. requested that the Coast Guard
establish an Outer Continental Shelf (OCS) safety zone extending 500
meters from each point on the Appomattox Floating Production System
(FPS) facility structure's outermost edge. In response to Shell
Exploration and Production Co.'s request and on the basis of the
District Commander's safety analysis, on March 20, 2018, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf
on the Gulf of Mexico (83 FR 12144). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
establishing the 500-meter safety zone. During the comment period that
ended on April 19, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety concerns and
hazards that could occur within 500 meters of the facility.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland Security
Delegation No. 0170.1(90), and Title 33, CFR 147.1, 147.5, and 147.10.
The District Commander determined that placing a safety zone around the
facility will significantly reduce the threat of allisions, oil spills,
and releases of natural gas, and thereby protect the safety of life,
property, and living marine resources. The purpose of this rule is to
protect the facility from all vessels operating outside the normal
shipping channels and fairways that are not providing services to or
working with the facility.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on
March 20, 2018. This regulatory text of this final rule contains one
technical amendment. In the NPRM, we indicated that permission to enter
the safety zone may be obtained from the District Commander or a
designated representative in the discussion of the proposed rule but
not the regulatory text. This final rule corrects the regulatory text
to indicate that permission to enter the safety zone may be obtained
from the District Commander or a designated representative.
    This rule establishes a safety zone on the OCS in the deepwater
area of the Gulf of Mexico at Mississippi Canyon Block 437. The area
for the safety zone is 500 meters (1640.4 feet) from each point on the
facility, which is located at 28[deg]34'25.47'' N 87[deg]56'03.11'' W.
Only vessels measuring less than 100 feet in length overall and not
engaged in towing, attending vessels as defined in 33 CFR 147.20, or
those vessels specifically authorized by the Eighth Coast Guard
District Commander or a designated representative are permitted to
enter or remain in the safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated as a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the safety zone's
location and its distance from both land and safety fairways. This rule
is not a significant regulatory action due to the location of the
Appomattox FPS on the Outer Continental Shelf, and its distance from
both land and safety fairways. Vessels traversing waters near the
proposed safety zone are able to safely travel around the zone using
alternate routes. Exceptions to this rule also include vessels
measuring less than 100 feet in length overall and not engaged in
towing and attending vessels as defined in 33 CFR 147.20. In addition,
the Eighth Coast Guard District Commander or a designated
representative will consider requests to enter or transit through the
safety zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
establishing a safety zone around an offshore deepwater facility. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  147.869 to read as follows:

Sec.  147.869  Safety Zone; Appomattox FPS Facility, Outer Continental
Shelf on the Gulf of Mexico.

    (a) Description. The Appomattox Floating Production System (FPS)
system is in the deepwater area of the

Gulf of Mexico at Mississippi Canyon Block 437. The facility is located
at 28[deg]34'25.47'' N 87[deg]56'03.11'' W (NAD 83), and the area
within 500 meters (1640.4 feet) from each point on the facility
structure's outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
    (1) An attending vessel, as defined by 33 CFR 147.20;
    (2) A vessel under 100 feet in length overall not engaged in
towing; or
    (3) A vessel authorized by the Eighth Coast Guard District
Commander or a designated representative.

    Dated: May 2, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-09789 Filed 5-7-18; 8:45 am]
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