[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65114-65116]
[FR Doc No: 2022-23346]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0148]

Commercial Driver's License: Application for Exemption; National
School Transportation Association

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant the exemption requested
by the National School Transportation Association (NSTA) for commercial
driver's license (CDL) applicants seeking a school bus endorsement,
from the engine compartment portion of the pre-trip vehicle inspection
skills testing requirement, known as the ``under-the-hood'' testing
requirement. Drivers issued a CDL pursuant to the requested exemption
would be restricted to the intrastate operation of school buses only.
FMCSA also grants an exemption from the requirement that states
administer this portion of the pre-trip vehicle inspection test in
accordance with an FMCSA pre-approved examiner information manual.
FMCSA analyzed the application and public comments and determined that
granting the exemption is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
obtained in the absence of the exemption.

DATES: The exemption is effective from November 27, 2022 through
November 27, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email:
[email protected]. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2022-0148'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2022-0148'' in the keyword box, click ``Search,'' and chose the
document to review.
    If you do not have access to the internet, you may view the docket
by visiting Dockets Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    FMCSA's CDL regulations in 49 CFR part 383.113(a)(1)(i) require
that applicants for a CDL possess basic pre-trip vehicle inspection
skills for the vehicle class that the driver operates or expects to
operate. For all test vehicles, applicants must be able to identify
each safety-related part on the vehicle and explain what needs to be
inspected to ensure a safe operating condition of each part, including
the engine compartment.
    FMCSA initially issued a three month ``under-the-hood'' waiver on
January 3, 2022, in response to the unique circumstances resulting from
the school bus driver shortage and which was exacerbated by the COVID-
19 pandemic. FMCSA issued two subsequent waivers, on March 28, 2022,
and June 30, 2022.

Applicant's Request

    The NSTA applied for an exemption for CDL applicants from the
engine compartment component of the pre-trip vehicle skills testing
requirement,

known as the ``under-the-hood'' testing component, in 49 CFR
383.113(a)(1)(i). The requested exemption would apply to CDL applicants
seeking the school bus (S) and passenger (P) endorsements and the
intrastate only (K) restriction. Drivers issued a CDL pursuant to the
requested exemption would be restricted to the intrastate operation of
school buses only. NSTA is a membership organization for school bus
contract-operators engaged primarily in transporting students to and
from school and school-related activities. NSTA believes the ``under-
the-hood'' testing requirement is a ``barrier to entry for new school
bus drivers, contributing to the nationwide driver shortage.'' NSTA
requested the exemption for a five-year period.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    The applicant believes that an exemption from the ``under-the-
hood'' testing requirement will not have any effect on the safety level
of school bus operations because school bus drivers must remain on the
bus with students at all times. NSTA states that trained mechanics
therefore complete roadside diagnostics and repairs of mechanical
issues should a school bus break down. NSTA added in its comments to
the docket that a driver is able to identify a fluid leak in a pre-trip
inspection without opening the engine compartment and could then notify
a maintenance technician. NSTA also noted in its comments to the docket
that the safest mode of home-to-school transportation for students is
the school bus.

V. Public Comments

    On August 11, 2022, FMCSA published the application for exemption
(87 FR 49646). The Agency received 57 comments. School bus companies
and industry associations, NSTA, the Pennsylvania Department of
Education, the Augusta School District, and 20 other individuals
supported the exemption. NSTA commented that ``according to the last
waiver decision from FMCSA on June 30, 2022, it has been determined by
FMCSA that by waiving the `under the hood' portion of the CDL exam, the
level of safety is equivalent to the level of safety without the
waiver.'' Commenters who supported the exemption noted that school bus
drivers must remain with the children and, therefore, may never leave
the bus and check the engine while en route. They noted that most
school districts have mechanics, not drivers, perform engine
compartment inspections. Commenters also stated that the exemption will
attract new drivers, such as young mothers and grandparents, to their
industry, and alleviate school bus driver shortages and CDL testing
delays. In addition, commenters said the industry is transitioning to
electric buses and the ``under-the-hood'' component is an antiquated
requirement, which adds on average an additional 3-4 days of training
time. The Wisconsin School Bus Association and the Augusta School
District stated they have found the waivers useful to recruit and
retain school bus drivers.
    Eight commenters opposed the exemption, including the National
Association for Pupil Transportation (NAPT), the National Association
of State Directors of Pupil Transportation Services (NASDPTS), the
Minnesota Department of Public Safety (DPS), the Iowa Department of
Transportation (DOT), Bloomington Public Schools, AWM Associates, Inc.,
and two individuals. The NAPT supported the issuance of temporary
regulatory relief, but they now conclude ``the prudent course is to err
on the side of safety and security.'' NAPT noted that an added
consideration for safety is the transition of school bus fleets to
electric propulsion and possible new safety issues to monitor, as well
as potential security threats to school buses, for which engine
compartment inspections are a common sense part of security due
diligence. The NASDPTS commented that school bus drivers must be able
to check under the hood of the vehicle to find issues before the bus
goes out, such as worn or frayed belts or low fluid levels. NASDPTS
added that many districts rely upon school bus drivers to perform the
pre-trip inspections and in rural areas, many drivers take the buses
home each night and must perform the inspections themselves. The
NASDPTS further commented that there is a shortage of maintenance
personnel facing the school bus industry.
    The Minnesota DPS commented that the point of the pre-trip
inspection is to identify critical safety issues prior to leaving, not
to repair mechanical issues while en route, and the driver must make
sure the vehicle is safe to operate prior to a trip. The Minnesota DPS
questioned why the engine compartment component of the skills test
would be critical for all CDL drivers except school bus drivers and
stated that all CDL holders should be held to the same standard. The
Minnesota DPS also stated that it is burdensome and confusing to
program software for a temporary change, as well as to train law
enforcement to understand and recognize the restriction. Minnesota DPS
also noted that many drivers in rural areas in the state take the bus
home at night and must be able to ensure the vehicle is safe to operate
prior to its daily operation.
    The Iowa DOT stated that it was one of the few states to adopt the
waiver and has found it overly burdensome and confusing to implement,
which has created unanticipated delays. The Iowa DOT added that drivers
who receive the restricted CDL must return to the state licensing
agency to complete the engine compartment component of the test if they
wish to operate any other CMV, which may exacerbate driver shortage
issues in other industries and increase CDL skills test wait times.
Bloomington Public Schools stated that its mechanics are too busy to
check fluids on a daily basis and noted that lowering the standards to
obtain a CDL will lower the standard of drivers on the road.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated NSTA's application and the public comments and
grants the exemption request for a two-year period, rather the five-
year period requested by NSTA. The two-year period will allow states
time to implement the American Association of Motor Vehicle
Administration (AAMVA) recommendations for modernizing the CDL skills
testing procedures, which may eliminate the need for the exemption by
providing an option for a less burdensome engine compartment component
of the test.
    Due to the limited scope of the ``under-the-hood'' waiver, the
existing regulatory requirements that remain in place, and the terms,
conditions, and restrictions of the waivers, FMCSA determined that
previous ``under-the-hood'' waivers were likely to achieve a level of
safety that is equivalent to the level of safety that would be obtained
absent the waiver. The exemption would similarly achieve an equivalent
level of safety. The exemption does not apply to the remaining elements
of the pre-trip vehicle inspection components of the skills test, as
set forth in 49 CFR 383.113(a)(1)(ii-ix). Accordingly, drivers
obtaining CDLs under this exemption will have demonstrated their
ability to safely operate the special features of a school bus. In
response to NASDPTS's concern about the physical abilities of school
bus drivers, the exemption does not change the physical qualification
requirements for drivers in 49 CFR part 391, subpart E.
    Further, because school buses are typically operated for relatively
short distances, mechanics or other qualified personnel can readily
provide roadside

assistance in the event of an engine malfunction. The exemption does
not change FMCSA's vehicle maintenance requirements in 49 CFR part 396,
including that every motor carrier must systematically inspect, repair,
and maintain all vehicles (Sec.  396.3) and that unsafe operations of a
motor vehicle are forbidden (Sec.  396.7). Any state or local school
bus inspection maintenance standards would continue to apply under this
exemption. In response to concerns from the Minnesota DPS and Iowa DOT,
FMCSA notes that use of the exemption is optional for states. A state
may elect to continue to require all CDL applicants to meet the
requirements of 49 CFR 383.113(a)(1)(i).
    As a part of the exemption, the State Driver Licensing Agency
(SDLA) must, upon request by FMCSA, provide the Agency with the names
and CDL numbers of the drivers who were issued a CDL pursuant to the
terms of the exemption.
    For the above reasons, NSTA's exemption application is granted.

VII. Terms and Conditions of the Exemption

    This exemption covers states for the period beginning at 12:00 a.m.
(ET) on November 27, 2022 and continuing through 11:59 p.m. on November
27, 2022. Under this exemption, a state may, but is not required to,
waive the engine compartment portion of the pre-trip vehicle inspection
skills test, set forth in 49 CFR 383.113(a)(1)(i), only for CDL
applicants seeking the S and P endorsements, subject to the (K)
restriction limiting their operation to intrastate commerce. States
issuing CDLs pursuant to this exemption are not subject to the
requirement in 49 CFR 383.133(c)(1) that this portion of the pre-trip
vehicle inspection test be administered in accordance with an FMCSA
pre-approved examiner information manual.
    FMCSA intends to continue to closely monitor the safety impacts of
the relief granted under this exemption. As necessary, FMCSA may take
action to modify the exemption, including scaling back the regulatory
relief provided, or to terminate the exemption sooner, if conditions
warrant.
    States issuing CDLs pursuant to this exemption must abide by the
following terms and conditions:
    1. The CDL credential must conform to the requirements of Part 383,
subpart J.
    2. When issuing a K-restricted CDL with the S and P endorsements
pursuant to this exemption, states must continue to comply with the
applicable provisions set forth in 49 CFR 383.73.
    3. When issuing a K-restricted CDL with the S and P endorsements
pursuant to this exemption, states must place a school bus only
restriction on the CDL in accordance with 49 CFR 383.153(a)(10)(ix).
    4. States must conduct the remaining pre-trip vehicle inspection
components of the skills test for drivers subject to this exemption, as
set forth in 49 CFR 383.113(a)(1)(ii-ix).
    5. Upon request from FMCSA, the SDLA must provide the names and CDL
numbers of drivers who issued a CDL pursuant to the terms of this
exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2).
    6. This exemption applies only to the intrastate operation of
school buses used to transport students from home to school, from
school to home, or to and from school-sponsored events, as defined in
49 CFR 383.5.\1\
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    \1\ 49 CFR 383.5 defines ``school bus'' as ``a CMV used to
transport pre-primary, primary, or secondary school students from
home to school, from school to home, or to and from school-sponsored
events. School bus does not include operations of a for-hire motor
carrier.''
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    7. FMCSA reserves the right to revoke this exemption for drivers'
involvement in accidents, the failure of states or drivers to comply
with the terms of this exemption, or as circumstances otherwise
warrant.

Robin Hutcheson,
Administrator.
[FR Doc. 2022-23346 Filed 10-26-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 60983-60984]
[FR Doc No: 2017-27735]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Petition for Declaratory Order

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                                                    Docket Nos.
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Franklin Energy Storage One, LLC,         EL18-50-000
 Franklin Energy Storage Two, LLC,
 Franklin Energy Storage Three, LLC,
 Franklin Energy Storage Four, LLC.
Franklin Energy Storage One, LLC........  QF17-581-001
Franklin Energy Storage Two, LLC........  QF17-582-002
Franklin Energy Storage Three, LLC......  QF17-583-003
Franklin Energy Storage Four, LLC.......  QF17-584-004
------------------------------------------------------------------------

    Take notice that on December 14, 2017, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207, Franklin Energy Storage One, LLC,
Franklin Energy Storage Two, LLC, Franklin Energy Storage Three, LLC,
and Franklin Energy Storage Four, LLC filed a petition for declaratory
order finding that certain orders of the Idaho Public Utilities
Commission are inconsistent with the Public Utilities Regulatory
Policies act of 1978, all as more fully explained in the petition.
    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the website that enables subscribers to receive email notification
when a document is added

to a subscribed docket(s). For assistance with any FERC Online service,
please email [email protected]. or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on January 16, 2018.

    Dated: December 18, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-27735 Filed 12-22-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 6046-6047]
[FR Doc No: 2018-02704]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2017-0034; OMB No. 1660-0015]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Revisions to National Flood Insurance Program
Maps: Application Forms and Instructions for (C)LOMAs and (C)LOMR-Fs

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a
reinstatement, without change, of a previously approved information
collection for which approval has expired. FEMA will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before March 14, 2018.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Todd Steiner, Program Analyst, FEMA, Federal Insurance & Mitigation
Administration, at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
is authorized by the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4001 et seq. The Federal Emergency Management Agency (FEMA)
administers the NFIP and maintains the maps that depict flood hazard
information. The land area covered by the floodwaters of the base flood
is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the
area where the NFIP's floodplain management regulations must be
enforced and the area where the mandatory purchase of flood insurance
applies. If a SFHA has been determined to exist for property and the
owner or lessee of the property believes his/her property has been
incorrectly included in a SFHA, information can be provided to support
removal of the SFHA designation. NFIP regulations, at 44 CFR parts 65
and 70, outline the data that must be submitted by an owner or lessee
of property who believes his/her property has been incorrectly included
in a SFHA. In order to remove an area from a SFHA, the owner or lessee
of the property must submit scientific or technical data demonstrating
that the area is ``reasonably safe from flooding'' and not in the SFHA.
    This proposed information collection previously published in the
Federal Register on November 17, 2017 at 82 FR 54402 with a 60 day
public comment period. FEMA received no public comments that were
relevant to

information collection 1660-0015. This information collection expired
on September 30, 2017. FEMA is requesting a reinstatement, without
change, of a previously approved information collection for which
approval has expired. The purpose of this notice is to notify the
public that FEMA will submit the information collection abstracted
below to the Office of Management and Budget for review and clearance.

Collection of Information

    Title: Revisions to National Flood Insurance Program Maps:
Application Forms and Instructions for (C)LOMAs and (C)LOMR-Fs.
    Type of Information Collection: Reinstatement, without change, of a
previously approved information collection for which approval has
expired.
    OMB Number: 1660-0015.
    Form Titles and Numbers: FEMA Form 086-0-26, Property Information;
FEMA Form 086-0-26A, Elevation Form; FEMA Form 086-0-26B, Community
Acknowledgement Form; FEMA Form 086-0-22 and FEMA Form 086-0-22A
(Spanish), Application Form for Single Residential Lot or Structure
Amendments to National Flood Insurance Program Maps.
    Abstract: FEMA collects scientific and technical data submissions
to determine whether a specific, single-lot property is located within
or outside of a Special Flood Hazard Area (SFHA). If the property is
determined not to be within a SFHA, FEMA provides a written
determination and the appropriate map is modified by a Letter of Map
Amendment (LOMA) or a Letter of Map Revision--Based on Fill (LOMR-F).
The owner or lessee of a property uses a LOMA or LOMR-F to show that a
property is not located within the SFHA, making it possible for the
lending institution to waive the flood insurance requirement. If the
policyholder decides to maintain insurance on the property, the new
determination should result in lower rates.
    Affected Public: Individuals and Households; and Business or Other
for-Profit Institutes.
    Estimated Number of Respondents: 121,116.
    Estimated Number of Responses: 121,116.
    Estimated Total Annual Burden Hours: 150,725 hours.
    Estimated Total Annual Respondent Cost: $6,501,379.
    Estimated Respondents' Operation and Maintenance Costs:
$24,099,750.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $268,401.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: February 1, 2018.
William H. Holzerland,
Senior Director for Information Management, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2018-02704 Filed 2-9-18; 8:45 am]
 BILLING CODE 9111-52-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17736-17737]
[FR Doc No: 2019-08473]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0039; Airspace Docket No. 19-AGL-4]
RIN 2120-AA66

Amendment of Class E Airspace; Connersville and Richmond, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Mettel Field Airport, Connersville, IN,
and Richmond Municipal Airport, Richmond, IN. This action is due to an
airspace review caused by the decommissioning of the Richmond VHF
omnidirectional range (VOR), which provided navigation information to
the instrument procedures at these airports, as part of the VOR Minimum
Operational Network (MON) Program. The geographic coordinates of the
airports are also being updated to coincide with the FAA's aeronautic
database. Airspace redesign is necessary for the safety and management
of instrument flight rules (IFR) operations at these airports.

DATES: Effective 0901 UTC, August 15, 2019. 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 7400.11C, 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 7400.11C at NARA, call<PHONE_NUMBER>, 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: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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 E airspace extending upward from 700 feet above the
surface at Mettel Field Airport, Connersville, IN, and Richmond
Municipal Airport, Richmond, IN, to support IFR operations at these
airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 5014; February 20, 2019) for Docket No. FAA-2019-0039
to amend Class E airspace extending upward from 700 feet above the
surface at Mettel Field Airport, Connersville, IN, and Richmond
Municipal Airport, Richmond, IN. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. One comment was received, and the FAA provides
the following response.
    Class E airspace extending from 700 feet above the surface of an
airport is provided for transition to and from the terminal or en route
environment within the National Airspace System. The size and design of
this airspace is determined by FAA Order 7400.2M, Procedures for
Handling Airspace Matters, and takes both instrument and visual flight
rules approach and departure procedures at the airports into
consideration. The design of the airspace provides the transitional
airspace required without absorbing more of the Class G airspace than
is required. In the cases of Mettel Field Airport, Connersville, IN,
and Richmond Municipal Airport, Richmond, IN, Class E airspace
extending upward from 700 feet above the surface already exists at both
airports and no additional airspace is included in the proposal. The
airspace

radius at these airports is being reduced by 1 mile and 0.5 miles,
respectively, due to changes at the airports and in the approach and
departure procedures at each airport in compliance with FAA Order
7400.2M while taking the approach and departure procedures at each
airport into consideration.
    The comment regarding problems in scheduling landings at these
airports is not an issue that can be addressed by airspace design but
with airport management, and should be addressed with the appropriate
airport authority.
    Additionally, subsequent to publication, the FAA discovered a
typographic error in the geographic coordinates for Reid Municipal
Heliport contained within the Richmond, IN, airspace legal description.
That error is corrected in this action.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, 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 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C 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 by:
    Modifying the Class E airspace extending upward from 700 feet above
the surface to within a 6.6-mile radius (reduced from a 7.6-mile
radius) of Mettel Field Airport, Connersville, IN; updating the
geographic coordinates of the airport to coincide with the FAA's
aeronautic database; and removing the city from the airport name and
the exclusion verbiage to comply with FAA Order 7400.2M, Procedures for
Handling Airspace Matters; and
    Modifying the Class E airspace extending upward from 700 feet above
the surface to within a 6.5-mile radius (reduced from a 7-mile radius)
of Richmond Municipal Airport, Richmond, IN; updating the geographic
coordinates of Richmond Municipal Airport and Reid Hospital Heliport,
Richmond, IN, to coincide with the FAA's aeronautic database; and
correcting the typographic error for the geographic coordinates for
Reid Hospital Heliport.
    This action is the result of an airspace review caused by the
decommissioning of the Richmond VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

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.a. 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

0
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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

AGL IN E5 Connersville, IN [Amended]

Mettel Field Airport, IN
    (Lat. 39[deg]41'54'' N, long. 85[deg]07'52'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Mettel Field Airport.
* * * * *

AGL IN E5 Richmond, IN [Amended]

Richmond Municipal Airport, IN
    (Lat. 39[deg]45'22'' N, long. 84[deg]50'34'' W)
Reid Hospital Heliport, IN, Point In Space Coordinates
    (Lat. 39[deg]51'51'' N, long. 84[deg]52'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Richmond Municipal Airport, and within a
6-mile radius of the Point in Space serving Reid Hospital Heliport.

    Issued in Fort Worth, Texas, on April 22, 2019.
John A. Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-08473 Filed 4-25-19; 8:45 am]
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