Rules and Regulations Federal Register Vol

Total Page:16

File Type:pdf, Size:1020Kb

Rules and Regulations Federal Register Vol 27973 Rules and Regulations Federal Register Vol. 86, No. 99 Tuesday, May 25, 2021 This section of the FEDERAL REGISTER that amended the offshore airspace DEPARTMENT OF HOMELAND contains regulatory documents having general areas, including: Norton Sound Low, SECURITY applicability and legal effect, most of which Woody Island Low, Control 1234L, and are keyed to and codified in the Code of Control 1487L Offshore Airspace Areas; U.S. Customs and Border Protection Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. Alaska, to include terminal airspace previously thought to be excluded in the 19 CFR Parts 4, 122, 123, 145 and 149 The Code of Federal Regulations is sold by Code of Federal Regulations. [Docket No. USCBP–2021–0009; CBP Dec. the Superintendent of Documents. Additionally, the final rule corrected the 21–04] final rule for Docket No. FAA–2006– RIN 1651–AB33 DEPARTMENT OF TRANSPORTATION 26164 in the Federal Register (72 FR 5611; February 7, 2007) that revoked Mandatory Advance Electronic Federal Aviation Administration Class E Airspace for Adak, ATKA, Cold Information for International Mail Bay, Nelson Lagoon, Saint George Shipments; Re-Opening of Comment 14 CFR Part 71 Island, Sand Point, Shemya, St. Paul Period Island, and Unalaska, AK. Subsequent [Docket No. FAA–2020–0823; Airspace AGENCY: U.S. Customs and Border Docket No. 20–AAL–49] to the NPRM being posted, the FAA Protection, DHS. identified 15 facilities and navigation RIN 2120–AA66 ACTION: Interim final rule; reopening of aids that contained language in the legal comment period. Amendment To Separate Terminal descriptions excluding airspace beyond SUMMARY: On March 15, 2021, U.S. Airspace Areas From Norton Sound 12 nautical miles (NM) from the Customs and Border Protection (CBP) Low, Woody Island Low, Control coastline. If the exclusionary language published in the Federal Register an 1234L, and Control 1487L Offshore were allowed to take effect, these areas Interim Final Rule (IFR), which amends Airspace Areas; Alaska would be without controlled airspace in violation of FAA directives. As a result, the CBP regulations to provide for AGENCY: Federal Aviation the additional corrections were mandatory advance electronic data Administration (FAA), DOT. included in the final rule. (AED) for international mail shipments. ACTION: Final rule, withdrawal. Although the comment period for this The FAA is in the process of IFR closed on May 14, 2021, CBP has SUMMARY: This action withdraws the reviewing and correcting the terminal decided to reopen the comment period final rule published in the Federal airspace in and around Alaska. for an additional 30 days. Register on April 12, 2021 amending the Continuing with this final rule may DATES: Effective date: The interim final following Offshore Airspace Areas in cause some confusion with all the rule published on March 15, 2021 (86 Alaska: Norton Sound Low, Woody changes taking place. Therefore, the FR 14245), was effective March 15, Island Low, Control 1234L, and Control final rule is being withdrawn. 2021. 1487L. The FAA has determined that Lists of Subjects in 14 CFR Part 71 Comment date: The comment period withdrawal of the final rule is warranted for the interim final rulemaking since there are actions taking place to Airspace, Incorporation by reference, published on is reopened for an correct the terminal airspace contained Navigation (air). additional 30 days. Comments must be in the Offshore airspace that may cause received on or before June 24, 2021. an overlap and further confuse general The Withdrawal FOR FURTHER INFORMATION CONTACT: For aviation and air traffic control. policy questions related to mandatory ■ Accordingly, pursuant to the authority DATES: Effective date 0901 UTC, May 25, AED for international mail shipments, 2021, the final rule published in the delegated to me, the final rule, Airspace contact Quintin Clarke, Cargo and Federal Register (86 FR 18890; April 12, Docket 20–AAL–49, as published in the Conveyance Security, Office of Field 2021), is withdrawn. Federal Register (86 FR 18890; April 12, Operations, U.S. Customs & Border FOR FURTHER INFORMATION CONTACT: 2021), FR Doc. 2021–07432 is hereby Protection, by telephone at (202) 344– Christopher McMullin, Rules and withdrawn. 2524, or email at quintin.g.clarke@ Regulations Group, Office of Policy, Authority: 49 U.S.C. 106(f), 106(g); 40103, cbp.dhs.gov. Federal Aviation Administration, 800 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: Please submit any Independence Avenue SW, Washington, 1959–1963 Comp., P. 389. comments, identified by docket number DC 20591; telephone: (202) 267–8783. Issued in Washington, DC, on May 10, [Docket No. USCBP–2021–0009; CBP SUPPLEMENTARY INFORMATION: 2021. Dec. 21–04] by the following method: • George Gonzalez, Federal eRulemaking Portal: History https://www.regulations.gov. Follow the The FAA published a final rule for Acting Manager, Rules and Regulations instructions for submitting comments. Group. Docket No. FAA–2020–0823 in the Due to COVID–19-related restrictions, Federal Register (86 FR 18890; April 12, [FR Doc. 2021–10443 Filed 5–24–21; 8:45 am] CBP has temporarily suspended its 2021) to reverse the final rule for Docket BILLING CODE 4910–13–P ability to receive public comments by No. FAA–2006–25852 in the Federal mail. Register (72 FR 31714; June 8, 2007; as Instructions: All submissions received corrected 72 FR 37430, July 10, 2007) must include the agency name, docket VerDate Sep<11>2014 16:05 May 24, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 jbell on DSKJLSW7X2PROD with RULES.
Recommended publications
  • Runway Safety Spring 2021 Report
    Graphical NOTAM Interface For Improving Efficiency of Reporting NOTAM Information April 2021 Design Challenge: Runway Safety/Runway Incursions/Runway Excursions Challenge E: Optimizing application of NextGen technology to improve runway safety in particular and airport safety in general. Team Members: Undergraduate Students: Matthew Bacon, Gregory Porcaro, Andrew Vega Advisor’s Name: Dr. Audra Morse Michigan Technological University Table of Contents | 1 02 Executive Summary Runway excursions are a type of aviation incident where an aircraft makes an unsafe exit from the runway. According to the Ascend World Aircraft Accident Summary (WAAS), 141 runway excursion accidents involving the Western-built commercial aircraft fleet occurred globally from 1998 to 2007, resulting in 550 fatalities; 74% of landing phase excursions were caused by either weather-related factors or decision-making factors (Ascend, 2007). One mitigation strategy is training pilots how to interpret Runway Condition Codes (RWYCCs) to understand runway conditions. Recent developments such as NextGen and Electronic Flight Bags (EFBs) have improved the quality of weather condition reporting. However, Notices to Airmen (NOTAMs), the primary source of runway condition information and any other irregularities in airspace, are still presented to pilots in an inefficient format contributing to runway excursions and safety concerns NOTAMs consist of confusing abbreviations and do not effectively convey the relative importance of information. The team developed an Electronic Flight Bag (EFB) user interface that provides a graphical representation of NOTAM and weather information to improve how pilots receive condition changes at airports. The graphical NOTAM interface utilizes Automatic Dependent Surveillance-Broadcast (ADS-B) to receive real time NOTAM updates.
    [Show full text]
  • Advanced Concept of the National Airspace System of 2015: Human Factors Considerations For
    Advanced Concept of the National Airspace System of 2015: Human Factors Considerations for Air Traffic Control Ben Willems, Human Factors Team – Atlantic City, ATO-P Anton Koros, Northrop Grumman Information Technology June 2007 DOT/FAA/TC-TN-07/21 This document is available to the public through the National Technical Information Service (NTIS), Springfield, VA 22161. A copy is retained for reference at the William J. Hughes Technical Center Library. U.S. Department of Transportation Federal Aviation Administration William J. Hughes Technical Center Atlantic City International Airport, NJ 08405 ote technical note NOTICE This document is disseminated under the sponsorship of the U.S. Department of Transportation in the interest of information exchange. The United States Government assumes no liability for the contents or use thereof. The United States Government does not endorse products or manufacturers. Trade or manufacturers' names appear herein solely because they are considered essential to the objective of this report. This document does not constitute Federal Aviation Administration (FAA) certification policy. Consult your local FAA aircraft certification office as to its use. This report is available at the FAA, William J. Hughes Technical Center’s full-text Technical Reports Web site: http://actlibrary.tc.faa.gov in Adobe® Acrobat® portable document format (PDF). Technical Report Documentation Page 1. Report No. 2. Government Accession No. 3. Recipient’s Catalog No. DOT/FAA/TC-TN-07/21 4. Title and Subtitle 5. Report Date Advanced Concept of the National Airspace System of 2015: Human Factors June 2007 Considerations for Air Traffic Control 6. Performing Organization Code AJP-6110 7.
    [Show full text]
  • Air Defense Identification Zone (ADIZ) in the Light of Public International Law
    Air Defense Identification Zone (ADIZ) in the light of Public International Law Air Defense Identification Zone (ADIZ) in the light of Public International Law ZOLTÁN PAPP Phd Student, Pázmány Péter Catholic University, In-house legal counsel, HungaroControl Pte Ltd. Co.* The Air Defense Identification Zone (ADIZ) is established to serve the national security interests of the state. Maintaining ADIZ becomes fundamentally relevant from the perspective of international law when such a zone extends into airspace suprajacent to international waters. Materially, two considerations are most relevant in terms of ADIZ conforming to international law, both potentially creating a conflict with ADIZ rules: Contracting Parties to the Chicago Convention on International Civil Aviation have delegated rule-making powers to enact rules of the air with a view to safeguarding the safety of air traffic in international airspace to the ICAO Council. Furthermore, in international airspace the state of registry generally enjoys exclusive jurisdiction with respect to the aircraft carrying its national mark. In this paper ADIZ will be deemed as exercising jurisdiction over extraterritorial acts by the state maintaining ADIZ; hence, the prescriptive and enforcement distinction adds an additional layer to the analysis of the international legal context of ADIZ. The response to as to how ADIZ fits in the international legal framework may differ depending on whether one seeks to identify permissive rules of international law related to the maintenance of ADIZ in international airspace or the non-existence of prohibitive rules sufficient to justify conformance with international law. Keywords: ADIZ, air law, law of the sea, Chicago Convention on International Civil Aviation, jurisdiction, use of force, international customary law, civil aircraft, state of registry 1.
    [Show full text]
  • Investigation Into Unmanned Aircraft System Incidents in the National Airspace System
    International Journal of Aviation, Aeronautics, and Aerospace Volume 3 Issue 4 Article 2 11-2-2016 Investigation into Unmanned Aircraft System Incidents in the National Airspace System Rohan S. Sharma Embry-Riddle Aeronautical University, [email protected] Follow this and additional works at: https://commons.erau.edu/ijaaa Part of the Aviation Safety and Security Commons, and the Management and Operations Commons Scholarly Commons Citation Sharma, R. S. (2016). Investigation into Unmanned Aircraft System Incidents in the National Airspace System. International Journal of Aviation, Aeronautics, and Aerospace, 3(4). https://doi.org/10.15394/ ijaaa.2016.1146 This Article is brought to you for free and open access by the Journals at Scholarly Commons. It has been accepted for inclusion in International Journal of Aviation, Aeronautics, and Aerospace by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Sharma: Investigation Into Unmanned Aircraft Incidents The Federal Aviation Administration (FAA) forecasts the sale of commercial and hobbyist Unmanned Aircraft System (UAS) to rise from 2.5 million to 7 million USD in the timeframe of 2016 – 2020 (Federal Aviation Administration, 2016). A status report in March from the FAA revealed that more than 4,000 exemptions were issued to insurers, individuals, or commercial organizations in order to operate commercially registered UASs’ in the National Airspace System (NAS) under Section 333 authority of the FAA Modernization and Reform Act of 2012. Additionally, over 408,000 UASs’ have been registered (Federal Aviation Administration, 2016). The UAS market will continue to be the most dynamic growth sector within aviation (Federal Aviation Administration, 2016).
    [Show full text]
  • 2021 EAA Airventure NOTAM
    NOTAM Preflight Planning ............................ 1-3 Changes for 2021 VFR Arrival ..................................... 4-13 □ Transitions added to Fisk Arrival Oshkosh Airport Notes .................... 14 □ Numerous editorial changes IFR/VFR Departure ....................... 15-16 □ FAH VOR decommissioned Turbine/Warbird Arrival ................... 17 Seaplane Base .................................. 18 □ IKK VOR decommissioned Helicopter Arrival/Departure ............ 19 □ RWY 18L/36R now 60' wide Ultralight Arrival/Departure ............. 20 Fond du Lac. ................................ 21-22 This notice does not Appleton ....................................... 23-24 supersede restrictions IFR Arrival/Departure .................. 25-28 contained in other FDC Canadian and NORDO ...................... 29 Flight Service Info ............................ 30 NOTAMs. Special Flight Procedures effective Noon CDT July 22 to 8:00 PM CDT August 1, 2021 Preflight Planning For one week each year, EAA AirVenture OSH Aircraft Parking Oshkosh has the highest concentration of • Separate aircraft parking areas are used at aircraft in the world. Your careful reading and OSH for different types of aircraft. Parking adherence to the procedures in this NOTAM for show planes (experimental, warbird, are essential to maintaining the safety record rotorcraft, amphibian, and production of this event. Flight planning should include aircraft manufactured prior to 1971) has thorough familiarity with NOTAM procedures, generally been available throughout EAA
    [Show full text]
  • MH17 Crash Notification from Ukraine That Flight MH17 Had Crashed and That an Investigation Into the Causes of the Crash Was Already Underway
    Crash 2 Operational facts and background 7 Recovery of the wreckage 10 Reconstruction 12 MH17 Investigation into flight routes 14 About the investigation 19 About the Dutch Safety Board 20 Credits 20 Introduction The crash of flight MH17 on 17 July 2014 shocked the world and caused hundreds of families much grief. In the first few days after the crash the first expla­ nations for the cause of the crash began to appear. The question was also raised as to why the aircraft flew over the conflict zone in the eastern part of Ukraine. On board flight MH17 there were 298 occupants, of which 193 passengers with the Dutch nationality. On Friday 18 July 2014, the Dutch Safety Board received a formal MH17 Crash notification from Ukraine that flight MH17 had crashed and that an investigation into the causes of the crash was already underway. The same Investigation into the Main conclusions Passenger information day, the Board sent three investigators crash of flight MH17 Causes of the crash - The crash A second, independent who arrived in Kyiv in the evening. The Dutch Safety Board has of the Malaysia Airlines Boeing investigation was conducted into extensively investigated the 777-200 was caused by the the gathering and verification of A few days later, the investigation was delegated to the Dutch Safety Board. crash of flight MH17. The first detonation of a model 9N314M passenger information and The Dutch Safety Board was determined part of the investigation focused warhead, fitted to a 9M38-series informing the relatives of the to answer the questions of how this on the causes of the crash.
    [Show full text]
  • Part 105—Parachute Operations
    Federal Aviation Administration, DOT § 105.3 PART 105—PARACHUTE (c) Sections 105.5, 105.9, 105.13, 105.15, OPERATIONS 105.17, 105.19 through 105.23, 105.25(a)(1) and 105.27 of this part do not apply to Subpart A—General a parachute operation conducted by a member of an Armed Force— Sec. (1) Over or within a restricted area 105.1 Applicability. when that area is under the control of 105.3 Definitions. an Armed Force. 105.5 General. 105.7 use of alcohol and drugs. (2) During military operations in un- 105.9 Inspections. controlled airspace. Subpart B—Operating Rules § 105.3 Definitions. 105.13 Radio equipment and use require- For the purposes of this part— ments. Approved parachute means a para- 105.15 Information required and notice of chute manufactured under a type cer- cancellation or postponement of a para- tificate or a Technical Standard Order chute operation. (C–23 series), or a personnel-carrying 105.17 Flight visibility and clearance from U.S. military parachute (other than a cloud requirements. high altitude, high speed, or ejection 105.19 Parachute operations between sunset type) identified by a Navy Air Facility, and sunrise. 105.21 Parachute operations over or into a an Army Air Field, and Air Force-Navy congested area or an open-air assembly drawing number, an Army Air Field of persons. order number, or any other military 105.23 Parachute operations over or onto designation or specification number. airports. Automatic Activation Device means a 105.25 Parachute operations in designated self-contained mechanical or electro- airspace.
    [Show full text]
  • Aircraft Systems DHS/CBP/PIA-018(A) April 6, 2018 Contact Point Andrew Scharnweber U.S
    Privacy Impact Assessment Update for the Aircraft Systems DHS/CBP/PIA-018(a) April 6, 2018 Contact Point Andrew Scharnweber U.S. Border Patrol U.S. Customs and Border Protection (202) 325-4149 Reviewing Official Philip S. Kaplan Chief Privacy Officer Department of Homeland Security (202) 343-1717 Privacy Impact Assessment Update DHS/CBP/PIA-018(a) Aircraft Systems Page 2 Abstract The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) employs several types of aircraft, including manned helicopters, fixed-wing aircraft, and Unmanned Aircraft Systems (UAS) for border surveillance and law enforcement purposes. These aircraft may be equipped with video, radar, and sensor technologies to assist CBP in patrolling the border, conducting surveillance for law enforcement investigations or tactical operations, or gathering data to assist in disaster relief and emergency response. In addition, the United States Border Patrol (USBP) operates Small Unmanned Aircraft Systems (sUAS) in support of its border security mission. CBP is publishing this updated Privacy Impact Assessment (PIA) to provide notice of CBP’s use of sUAS not addressed in the original PIA, and to assess the privacy impacts of its use of this technology. Overview CBP is responsible for securing nearly 7,000 miles of land border the United States shares with Canada and Mexico and 2,000 miles of coastal waters surrounding the Florida peninsula and off the coast of Southern California. CBP employs various border surveillance technologies to provide comprehensive situational awareness along the U.S. border and to assist in detecting, identifying, apprehending, and removing individuals illegally entering the United States at and between ports of entry or otherwise violating U.S.
    [Show full text]
  • Airspace Guide for Glider Pilots in Sweden
    Airspace guide for glider pilots in Sweden. This is a very basic guide of how to operate with a glider in Sweden and its airspace. In some areas there may be some deviations from this guide, but to avoid falling into these traps, ask your local club or the ATS-unit where you are going to fly. The general rule in Sweden is that all airspace above FL95 (2900 m STD) is of class C, i.e. controlled airspace, and not accessible to gliders without prior arrangements. Below FL95, outside and under Terminal Manouvering Areas (TMA), the airspace is of class G, i.e. uncontrolled airspace. In class G airspace gliders are permitted to fly up to cloud base without two-way radio communication with an ATS-unit (exception TIA/TIZ, see below) and without IMC-equipment and IMC-rating. Uncontrolled airspace - Class G No restrictions to gliders when flying VFR, and you may also fly right up to cloud base (remember still below FL95 on standard 1013.25 hPa). Cloud flying is permitted in Sweden, but only in special areas (restricted areas R200-209) and up to FL195 (5950 m STD). If you want to know more about cloud flying ask your host club or contact me for more information about the areas. You can also find some information in AIP ENR 5. TIA and TIZ - Class G TIA/TIZ is classified as airspace class G, but you must establish two-way radio communication with the ATS-unit (AFIS). Just tell them about your position, intentions, track and height band, the AFIS will inform you about other traffic in the TIA/TIZ.
    [Show full text]
  • NWCG Standards for Airspace Coordination
    A publication of the National Wildfire Coordinating Group NWCG Standards for Airspace Coordination PMS 520 May 2018 NWCG Standards for Airspace Coordination MAY 2018 PMS 520 The NWCG Standards for Airspace Coordination standardizes safe, consistent approaches to issues involving airspace and agency land management responsibilities. This is an educational process that will contribute to a clear understanding of flight and coordination within the complexities of the National Airspace System (NAS). Additionally, it promotes airspace coordination with respect to environmental issues. The objectives of the NWCG Standards for Airspace Coordination are: Describe the components of the NAS, and define airspace coordination responsibilities among the various agencies and users of the NAS. Describe the processes and procedures that an agency should employ so that users may: o Coordinate, deconflict, and conduct flight missions safely within the NAS with respect to safety concerns and operational requirements. o Coordinate, deconflict, and respond to airspace issues relating to the environment. Provide educational material aimed at both agency and military aviation and airspace managers that will contribute to a clear understanding of the complex nature of the airspace in which we all share. Identify airspace coordination responsibilities for agency personnel. The National Wildfire Coordinating Group (NWCG) provides national leadership to enable interoperable wildland fire operations among federal, state, tribal, territorial, and local partners. NWCG operations standards are interagency by design; they are developed with the intent of universal adoption by the member agencies. However, the decision to adopt and utilize them is made independently by the individual member agencies and communicated through their respective directives systems.
    [Show full text]
  • Dod Instruction 4540.01, June 2, 2015
    Department of Defense INSTRUCTION NUMBER 4540.01 June 2, 2015 USD(P) SUBJECT: Use of International Airspace by U.S. Military Aircraft and for Missile and Projectile Firings References: See Enclosure 1 1. PURPOSE. In accordance with the authority in DoD Directive (DoDD) 5111.1 (Reference (a)) and the Deputy Secretary of Defense Memorandum (Reference (b)), this instruction: a. Reissues DoD Instruction (DoDI) 4540.01 (Reference (c)) to establish policy and assign responsibilities governing U.S. military aircraft operations and missile and projectile firing activities in international airspace. b. Identifies procedures for U.S. military aircraft operations and missile and projectile firing activities in international airspace consistent with the Convention on International Civil Aviation (Reference (d)) and the applicable navigational provisions as reflected in the United Nations Convention on the Law of the Sea (Reference (e)). 2. APPLICABILITY. This instruction applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the DoD (referred to collectively in this instruction as the “DoD Components”). 3. POLICY. It is DoD policy that: a. DoD will continue to support and observe principles of established international law, including those portions of Reference (d) that apply to State aircraft and customary international law reflected in Reference (e). Such principles of international law include: (1) No State has sovereignty over international airspace. (2) All States enjoy the rights, freedoms, and lawful uses of airspace recognized under customary international law reflected in Reference (e).
    [Show full text]
  • Aviation Benefits Report 2019
    2019 Aviation Benefits Report Published through the cooperation and agreement of the global aviation Industry High-level Group The Industry High Level Group (IHLG) was established in September 2013. It is an initiative of the International Civil Aviation Organization (ICAO) Secretary General, bringing together the Heads of four industry organizations: the Airports Council International (ACI), the Civil Air Navigation Services Organisation (CANSO), the International Air Transport Association (IATA) and the International Coordinating Council of Aerospace Industries Associations (ICCAIA). The IHLG is an informal group, which considers matters of global significance to international civil aviation that can be better addressed in a collaborative arrangement between States and the industry rather than working individually on such matters. This report makes use of material by ACI, CANSO, IATA, ICAO and ICCAIA, as well as the publication of the Air Transport Action Group (ATAG) entitled Aviation: Benefits Beyond Borders (ABBB). While every effort has been made to ensure the quality and accuracy of information in this report, it is made available without any warranty of any kind. B Aviation Benefits2019 Aviation Benefits Report 2019 civil air navigation services organisation Contents 5 Foreword 6 Executive Summary 10 Aviation Overview: From Past to Present 11 Exponential Growth of Air Traffic 11 Air Travel Affordability 13 Air Connectivity 13 Regulatory Framework 16 Value of Aviation: Economic Benefits 17 Direct Impacts 18 Indirect Impacts 18
    [Show full text]