3782 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations certified that this rule, when Issued in Fort Worth, Texas, on January 4, 106 describes the authority of the FAA promulgated, does not have a significant 2021. Administrator. Subtitle VII, Aviation economic impact on a substantial Martin A. Skinner, Programs, describes in more detail the number of small entities under the Acting Manager, Operations Support Group, scope of the agency’s authority. criteria of the Regulatory Flexibility Act. ATO Central Service Center. This rulemaking is promulgated [FR Doc. 2021–00022 Filed 1–14–21; 8:45 am] under the authority described in Environmental Review BILLING CODE 4910–13–P Subtitle VII, Part A, Subpart III, Section The FAA has determined that this 44715 Controlling aircraft noise and action qualifies for categorical exclusion sonic boom. Under that section, FAA is under the National Environmental DEPARTMENT OF TRANSPORTATION charged with prescribing regulations to Policy Act in accordance with FAA measure and abate aircraft noise. This Order 1050.1F, ‘‘Environmental Federal Aviation Administration regulation is within the scope of that Impacts: Policies and Procedures,’’ authority since it provides for certain paragraph 5–6.5.a. This airspace action 14 CFR Part 91 operations of new supersonic aircraft in is not expected to cause any potentially [Docket No.: FAA–2019–0451; Amdt. No. approved areas where the significant environmental impacts, and 91–362] environmental impact of the operations no extraordinary circumstances exist has been assessed. RIN 2120–AL30 that warrant preparation of an I. Overview of Final Rule environmental assessment. Special Flight Authorizations for This rulemaking amends the Lists of Subjects in 14 CFR Part 71 Supersonic Aircraft administrative requirements for a special flight authorization originally Airspace, Incorporation by reference, AGENCY: Federal Aviation published as appendix B to part 91, Navigation (air). Administration (FAA), Department of Transportation (DOT). Authorizations to exceed Mach 1 Adoption of the Amendment (§ 91.817), of title 14 of the Code of ACTION: Final rule. Federal Regulations (14 CFR). This In consideration of the foregoing, the SUMMARY: In consideration of the rulemaking is intended to streamline the Federal Aviation Administration application procedure for these special amends 14 CFR part 71 as follows: continuing development of a new generation of supersonic aircraft, FAA is flight authorizations by clarifying the PART 71—DESIGNATION OF CLASS A, modernizing the procedure for information that is needed for B, C, D, AND E AIRSPACE AREAS; AIR requesting a special flight authorization submission and specifying the program TRAFFIC SERVICE ROUTES; AND to operate in excess of Mach 1 over land office within FAA that processes the REPORTING POINTS in the United States. The renewed applications. This rule sets forth the interest in development of supersonic application criteria in a more user- ■ 1. The authority citation for part 71 airplanes caused FAA to review its friendly format. FAA is adopting the continues to read as follows: application procedures that allow for rule largely as it was proposed, with flight tests of these aircraft. This final some minor changes to the regulatory Authority: 49 U.S.C. 106(f), 106(g); 40103, rule modifies the criteria for applying text, as discussed in Section IV and the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, accompanying preamble discussion. 1959–1963 Comp., p. 389. for these authorizations and moves the material from an appendix to a II. Background § 71.1 [Amended] regulation to make it easier to find and understand. Outside the context of In a notice of proposed rulemaking ■ 2. The incorporation by reference in (NPRM) titled Special Flight 14 CFR 71.1 of FAA Order 7400.11E, special flight authorizations under this final rule, the FAA continues generally Authorizations for Supersonic Aircraft Airspace Designations and Reporting (84 FR 30961, June 28, 2019), FAA Points, dated July 21, 2020, and to prohibit civil supersonic flight over land in the United States. proposed to modernize the procedures effective September 15, 2020, is for requesting special flight DATES: amended as follows: Effective February 16, 2021. authorizations that are needed to ADDRESSES: For information on where to accomplish testing and development of Paragraph 6005 Class E Airspace Areas obtain copies of rulemaking documents new supersonic aircraft. The NPRM Extending Upward from 700 feet or More and other information related to this Above the Surface of the Earth. provided a brief history of FAA’s final rule, see ‘‘How To Obtain regulation of civil supersonic aircraft * * * * * Additional Information’’ in the beginning in the 1970s with the AGL WI E5 Prairie Du Chien, WI SUPPLEMENTARY INFORMATION section of introduction of the Concorde, including [Amended] this document. the history of the application procedure Prairie Du Chien Municipal Airport, WI FOR FURTHER INFORMATION CONTACT: For for special flight authorizations that is (Lat. 43°01′09″ N, long. 91°07′25″ W) questions concerning this action, the subject of this rulemaking. That airspace extending upward from 700 contact: Sandy Liu, Office of FAA is clarifying the application feet above the surface within a 6.6-mile Environment and Energy, AEE–100, procedure for requesting a special flight radius of Prairie Du Chien Municipal Airport, Federal Aviation Administration, 800 authorization to fly faster than Mach 1 and within 1 mile each side of the 110° Independence Avenue SW, Washington, following increased interest by industry bearing from the airport extending from the DC 20591; telephone (240) 267–4748; to develop such aircraft. The revisions 6.6-mile radius to 6.8 miles east of the email [email protected]. adopted here do not change the general airport, and within 1 mile each side of the prohibition against overland supersonic 140° bearing from the airport extending from SUPPLEMENTARY INFORMATION: flight in the United States that has been the 6.6-mile radius to 10.4 miles southeast of Authority for This Rulemaking the airport, and within 1 mile each side of in place since 1973 (14 CFR 91.817). the 320° bearing from the airport extending FAA’s authority to issue rules on This rule replaces the procedure from the 6.6-mile radius to 10.6 miles aviation safety is found in Title 49 of the described in part 91, appendix B, with northwest of the airport. United States Code. Subtitle I, Section regulatory text that clearly describes the VerDate Sep<11>2014 21:59 Jan 14, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\15JAR1.SGM 15JAR1 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3783 application process and criteria. The authorization to perform supersonic in effect since 1973, and no change to new regulation provides clarity, aircraft development testing. that regulation was proposed. includes noise testing as another reason In the proposed rule, FAA identified Rather, the proposed rule focused on for which an authorization may be three areas intended to improve the administrative application process issued, and requires one additional provisions that comprised appendix B. for special flight authorizations to piece of information to be provided in The first designated the proposed office exceed Mach 1 for certain reasons, and an application, which is discussed in FAA to which applicants are to send for flight in limited areas that would be below. This rule does not introduce any applications and direct questions. The determined in advance. The rule does new FAA policy or change the intent of second proposed to gather the scattered not in and of itself authorize the the original application process. application requirements into a list, and operation of any specific airplane over Recognizing the renewed interest of present them according to modern any particular area; rather, any flights the aviation industry in developing regulatory formatting standards. As part authorized under the rule could only supersonic aircraft, Congress instructed of this effort, FAA proposed also to occur upon receiving FAA authorization FAA in Section 181 of the FAA correct the regulatory text for after completion of the application Reauthorization Act of 2018 (Pub. L. consistency throughout the new section. process and considerable regulatory 115–254, Oct. 5, 2018) to assume a Third, FAA proposed the addition of a prerequisites, including analyses of the leadership role in the development of new reason for flight testing to environmental impacts on the area over international policies, regulations, and accommodate future noise certification which an applicant proposes to operate, standards that facilitate the safe and actions. as required by law. Neither these efficient operation of such aircraft. The NPRM invited interested persons regulatory prerequisites nor the Section 181 further directed FAA to to participate in the rulemaking by assessments of environmental impacts undertake reforms of its regulations submitting written comments, data, or were the subject of FAA’s proposed regarding civil supersonic aircraft. views. It also invited comments relating changes. Comments that suggested FAA’s first step in response to Section to the economic, environmental, energy, changes to the required assessments 181 was to propose changes to the or federalism impacts that might result were beyond the scope of this special flight authorization application from adopting the proposal. rulemaking. process. The second step was FAA’s The special flight authorizations that III. Discussion of Public Comments publication of an NPRM that proposes are the subject of this rulemaking have landing and takeoff noise limits under FAA received a total of 206 comments been available since the FAA adopted 14 CFR part 36 for the first group of on the NPRM: 43 comments generally the supersonic prohibition in 1973. This supersonic aircraft expected to be supported the NPRM, 45 generally rulemaking only presents an update of presented for certification (85 FR 20431, opposed the NPRM, and 118 are the administrative application process, Apr.