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Code · REGISTER · 2024-05-17 · PROPOSED RULES · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and A · Unknown

Unknown. Final rule

5,808 words·~26 min read·/register/2024/05/17/2024-10612·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2024-05-17.xml --- 89 97 Friday, May 17, 2024 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43370-43372 2024-10790 2024-10865 AIRFORCE Air Force Department NOTICES Hearings, Meetings, Proceedings, etc.: Scientific Advisory Board, 43386 2024-10883 Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments;
Availability, etc.: Spotted Lanternfly Cooperative Control Program, Finding of No Significant Impact, 43372-43373 2024-10648 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43387 2024-10913 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43401-43403 2024-10877 Charter Amendments, Establishments, Renewals and Terminations:
Advisory Committee on Immunization Practices, 43404-43405 2024-10835 Hearings, Meetings, Proceedings, etc.: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health; Correction, 43403-43406 2024-10832 2024-10833 2024-10830 2024-10831 Advisory Board on Radiation and Worker Health, Subcommittee for Procedure Reviews, National Institute for Occupational Safety and Health, 43404 2024-10834 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:
Alternative Payment Model Updates and the Increasing Organ Transplant Access Model, 43518-43634 2024-09989 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43406-43407 2024-10900 Children Children and Families Administration NOTICES Privacy Act; Systems of Records, 43407-43411 2024-10838 Coast Guard Coast Guard RULES Safety Zone: Firework Display; Appomattox River, Hopewell, VA, 43316-43318 2024-10862 Lake of the Ozarks Mile Marker 0.1-0.3, Lake of the Ozarks, MO, 43318-43319 2024-10902 Special Local Regulation:
York River, Yorktown, VA, 43314-43316 2024-10863 PROPOSED RULES Safety Zone: Atlantic Ocean, Virginia Beach Oceanfront, VA; Air Show, 43350-43352 2024-10864 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 43384-43385 2024-10894 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Test and Pilot Data, 43385-43386 2024-10866 Defense Department Defense Department See Air Force Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43387-43389 2024-10912 2024-10915 2024-10916 Education Department Education Department PROPOSED RULES Research and Development Infrastructure Grant, 43352-43357 2024-10870 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: College Affordability and Transparency Explanation Form, 43390 2024-10828 Financial Value Transparency and Gainful Employment Reporting Requirements, 43390-43391 2024-10905 National Blue Ribbon Schools Program, 43391 2024-10904 Employee Benefits Employee Benefits Security Administration RULES Abandoned Plan Regulations, 43636-43675 2024-09029 Prohibited Transaction Exemption 2006-06 for Services Provided in Connection with the Termination of Abandoned Individual Account Plans, 43675-43684 2024-09030 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the Toxics Release Inventory Beginning with Reporting Year 2024, 43331-43335 2024-10568 Pesticide Tolerance;
Exemptions, Petitions, Revocations, etc.: Bacillus Thuringensis Cry1B.868 and Cry1Da_7 Proteins, 43328-43331 2024-10848 State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: Missouri, 43322-43328 2024-10775 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia; Revisions to the State Implementation Plan Gasoline Transport Vehicles and Vapor Collection System Rule, 43357-43359 2024-10713 Pennsylvania;
Reasonably Available Control Technology for Volatile Organic Compounds under the 2008 Ozone National Ambient Air Quality Standards, 43359-43363 2024-10370 State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: Missouri, 43363-43364 2024-10773 NOTICES Environmental Impact Statements; Availability, etc., 43401 2024-10857 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Establishment of Class C Airspace and Removal of Class D Airspace;
Harrisburg International Airport, PA, 43305-43309 2024-10612 Runway Closure-Related Scheduling Relief: Operations at San Francisco International Airport, Newark Liberty International Airport, Chicago O'Hare International Airport, Los Angeles International Airport, and John F. Kennedy International Airport, 43309-43311 2024-10319 PROPOSED RULES Airspace Designations and Reporting Points: Manchester, NH, 43347-43348 2024-10812 Airworthiness Directives: Britten-Norman Aerospace Ltd.
Airplanes, 43342-43344 2024-10295 Dassault Aviation Airplanes, 43339-43342 2024-10210 Embraer S.A. Airplanes, 43336-43339 2024-10508 The Boeing Company Airplanes, 43344-43347 2024-10299 NOTICES Submission Deadline: Schedule Information for Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Winter 2024/25 Scheduling Season, 43501-43502 2024-11012 Federal Energy Federal Energy Regulatory Commission NOTICES Application:
Tower Kleber Limited Partnership, 43397-43399 2024-10797 Combined Filings, 43391-43395, 43399 2024-10804 2024-10805 2024-10880 2024-10881 Environmental Assessments; Availability, etc.: Great Lakes Hydro America, LLC, 43394 2024-10798 Filing: Southeastern Power Administration, 43392 2024-10803 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Wellesley BESS LLC, 43392-43393 2024-10800 West Warwick Energy Storage 1 LLC, 43396-43397 2024-10802 West Warwick Energy Storage 2 LLC, 43394-43395 2024-10801 West Warwick Energy Storage 3 LLC, 43396 2024-10799 Request under Blanket Authorization:
Gulf South Pipeline Co., LLC, 43399-43400 2024-10878 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action: Proposed Transportation Project in Florida, 43502-43503 2024-10847 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Commercial Learner's Permit; Connell High School, 43503-43505 2024-10856 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Hearings, Meetings, Proceedings, etc.; Correction, 43401 2024-10911 Fish Fish and Wildlife Service NOTICES Permits;
Applications, Issuances, etc.: Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Osceola County, FL; Categorical Exclusion, 43428-43429 2024-10891 Food and Drug Food and Drug Administration PROPOSED RULES Filing of Petition: Color Additive; Lonza Greenwood LLC, 43349 2024-10888 NOTICES Emergency Use Authorization: In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Revocation, 43411-43413 2024-10910 Guidance:
Product-Specific Guidances, 43413-43415 2024-10896 Food Safety Food Safety and Inspection Service NOTICES Retail Exemptions Adjusted Dollar Limitations, 43373-43374 2024-10918 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions and Sanctions Regulations, 43311-43314 2024-10721 NOTICES List of Services, Software, and Hardware Incident to Communications, 43512-43514 2024-10722 2024-10723 Government Ethics Government Ethics Office RULES Standards of Ethical Conduct for Employees of the Executive Branch, 43686-43731 2024-10339 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.
Citizenship and Immigration Services NOTICES Hearings, Meetings, Proceedings, etc.: Homeland Security Academic Partnership Council, 43420-43421 2024-10868 Uyghur Forced Labor Prevention Act Entity List, 43417-43420 2024-10544 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Experience Clearance, 43423-43424 2024-10875 Management Certification and Entity Profile, 43427-43428 2024-10885 Public Interest, General Applicability Tribal Consultation Waiver of Build America, Buy America Provisions:
Tribal Recipients of Federal Financial Assistance, 43424-43427 2024-10860 Indian Health Indian Health Service NOTICES Proposed Purchased/Referred Care Delivery Area Redesignation: Pokagon Band of Potawatomi Indians of Michigan and Indiana, 43415-43416 2024-10845 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce, Including the Bureau of the Census, for Certain Statistical Purposes and Related Activities;
Correction, 43349-43350 2024-10871 Election To Exclude Certain Unincorporated Organizations Owned by Applicable Entities From Application of the Rules on Partners and Partnerships; Hearing Cancellation, 43349 2024-10996 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China, 43378-43379 2024-10884 Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico, 43376-43378 2024-10846 Stainless Steel Flanges from the People's Republic of China and India, 43374-43376 2024-10789 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Disposable Vaporizer Devices and Components and Packaging Thereof, 43434-43435 2024-10837 Ferrosilicon from Brazil, Kazakhstan, Malaysia, and Russia, 43435 2024-10827 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cognitive and Psychological Research, 43437-43438 2024-10807 Furnishing Documents to the Secretary of Labor on Request under Employee Retirement Income Security Act, 43435-43436 2024-10806 Grain Handling Facilities Standard, 43436-43437 2024-10794 Powered Industrial Trucks Standard, 43437 2024-10795 Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Buffalo Field Office, Wyoming, 43431-43432 2024-10792 Miles City Field Office, Montana, 43432-43433 2024-10793 Hearings, Meetings, Proceedings, etc.: San Rafael Swell Recreation Area Advisory Council, Utah, 43429 2024-10796 Western Montana Resource Advisory Council, 43430 2024-10917 Plats of Survey: New Mexico, Oklahoma, 43434 2024-10843 Wyoming, 43430-43431 2024-10903 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Traffic Safety Survey, 43505-43508 2024-10851 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: National Cancer Institute, 43416-43417 2024-10873 National Heart, Lung, and Blood Institute, 43417 2024-10874 National Institute of Diabetes and Digestive and Kidney Diseases, 43417 2024-10886 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:
Northeast Multispecies Fishery; Fishing Year 2024 Recreational Management Measures, 43364-43369 2024-10849 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Mariculture Economic Benchmark Survey, 43384 2024-10908 Hearings, Meetings, Proceedings, etc.: Mid-Atlantic Fishery Management Council, 43383-43384 2024-10853 North Pacific Fishery Management Council, 43379-43380 2024-10854 Permits; Applications, Issuances, etc.: General Provisions for Domestic Fisheries;
Exempted Fishing, 43380-43383 2024-10850 National Park National Park Service RULES National Capital Region; Event at President's Park, 43319-43322 2024-10836 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43438-43439 2024-10892 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43389-43390 2024-10914 Postal Regulatory Postal Regulatory Commission NOTICES Competitive Postal Products, 43439-43441 2024-10809 2024-10810 New Postal Products, 43440 2024-10901 Postal Service Postal Service NOTICES Change in Rates of General Applicability for Competitive Products, 43441-43442 2024-10907 International Product Change:
International Priority Airmail, Commercial ePacket, Priority Mail Express International and Priority Mail International Agreement, 43442-43443 2024-10791 2024-10839 2024-10840 2024-10890 2024-10906 2024-10909 Railroad Retirement Railroad Retirement Board NOTICES Hearings, Meetings, Proceedings, etc.: Actuarial Advisory Committee with Respect to the Railroad Retirement Account, 43443 2024-10859 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: Cboe BYX Exchange, Inc., 43452-43455, 43488-43491 2024-10817 2024-10822 Cboe BZX Exchange, Inc., 43491-43494 2024-10824 Cboe EDGX Exchange, Inc., 43462-43464, 43482-43485 2024-10819 2024-10823 MEMX LLC, 43494-43499 2024-10821 MIAX PEARL, LLC, 43467-43482 2024-10820 Nasdaq BX, Inc., 43464-43467 2024-10825 Nasdaq GEMX, LLC, 43449-43452 2024-10813 Nasdaq ISE, LLC, 43444-43446, 43455-43459 2024-10815 2024-10818 Nasdaq MRX, LLC, 43459-43462 2024-10816 Nasdaq PHLX LLC, 43446-43449 2024-10814 The Nasdaq Stock Market LLC, 43485-43488 2024-10826 State Department State Department NOTICES Proposed Establishment of Federally Funded Research and Development Centers, 43499-43501 2024-10842 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Privacy Act;
Systems of Records, 43508-43512 2024-10811 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Baseline Assessment for Security Enhancement Program, 43421-43422 2024-10889 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.: Federal Advisory Committee on Insurance, 43514-43515 2024-10829 U.S. Citizenship U.S.
Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Register Permanent Residence or Adjust Status, 43422-43423 2024-10808 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veteran/Beneficiary Claim for Reimbursement of Travel Expenses; Withdrawal, 43515 2024-10898 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 43518-43634 2024-09989 Part III Labor Department, Employee Benefits Security Administration, 43636-43684 2024-09029 2024-09030 Part IV Government Ethics Office, 43686-43731 2024-10339 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 97 Friday, May 17, 2024 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2023-1021; Airspace Docket No. 22-AWA-6] RIN 2120-AA66 Establishment of Class C Airspace and Removal of Class D Airspace;
Harrisburg International Airport, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class C airspace and removes Class D airspace at the Harrisburg International Airport (MDT), PA. The Class C airspace created is larger than the existing Class D airspace at MDT and is described as areas A through F. In addition, the non-regulatory Terminal Radar Service Area
(TRSA)is removed. The FAA is taking this action to enhance the efficient management of air traffic operations and reduce the potential for midair collision in the MDT terminal area. DATES: Effective date 0901 UTC, July 11, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the NPRM, all comments received, this final rule, and all background material may be viewed online at *www.regulations.gov* using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register's website at *www.federalregister.gov.* FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at *www.faa.gov/air_traffic/publications/.* You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone:
(202)267-8783. FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone:
(202)267-8783. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies terminal airspace as required to preserve the safe and efficient flow of air traffic in the Harrisburg, PA, area. History The FAA published a notice of proposed rulemaking for Docket No. FAA-2023-1021 in the **Federal Register** (88 FR 54503; August 11, 2023) proposing to establish Class C airspace area surrounding MDT. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. Four comments were received. Discussion of Comments The FAA received anonymous comments supporting the establishment of the Harrisburg Class C airspace. Discussion of the other comments follows. One commenter supported the establishment of the Harrisburg Class C airspace. This comment also thanked the FAA for its efforts to ensure that the Class C rulemaking did not affect Capital City Airport (CXY), PA operations, notably the Runway 12/30 traffic pattern and CXY Instrument Landing System
(ILS)runway 8 approach, for aircraft that do not meet Class C equipment requirements. This commenter also suggested revising the CXY Class E airspace descriptions in FAA Order JO 7400.11 due to an apparent error. In response to the comment associated with operations at CXY, the FAA received neither comments nor proposals that would further restrict operations at CXY. Additionally, the FAA did not consider any amendment to the Class C airspace design as proposed in the NPRM. Further, the remainder of the comment is beyond the scope of this rulemaking, noting that the FAA proposed changes to the CXY Class D and Class E airspace via a separate action. 1 1 *Amendment of Class D Airspace, Revocation of Class D Airspace, and Amendment of Class E Airspace, Harrisburg, PA,* (88 FR 54956; August 14, 2023). The last comment was received from Boeing, which identified a possible typographical error in the geographic point “lat. 40°14′12″ N, long. 077°56′05″ W” listed in Area E of the Harrisburg Class C airspace description. The commenter indicated that this point would not create Area E as depicted in the graphic and believed that the geographic point should have been “lat. 40°14′12″ N, long. 076°56′05″ W”. The FAA reviewed the geographic coordinates in the proposed description of Area E and found that the geographic point published as “lat. 40°14′12″ N, long. 077°56′05″ W” was in error and the correct geographic coordinates are “lat. 40°14′12″ N, long. 076°56′05″ W”. The graphic in the NPRM used the correct geographic coordinates for Area E and correctly depicted the intended layout of the Harrisburg Class C airspace. Differences From the NPRM Subsequent to publication of the NPRM, a commenter pointed out a typographical error in a geographic coordinate in Area E of the Harrisburg Class C airspace description. In Area E, the geographic point published as “lat. 40°14′12″ N, long. 077°56′05″ W” was in error and the correct geographic coordinates are “lat. 40°14′12″ N, long. 076°56′05″ W”. The geographic point in Area E is changed from “lat. 40°14′12″ N, long. 077°56′05″ W” to “lat. 40°14′12″ N, long. 076°56′05″ W”. Additionally, the FAA identified three boundary points that must be added to Area D of the Harrisburg Class C airspace description. These three additional boundary points are necessary to ensure that the boundary of Area D aligns with the boundaries of adjacent Area C and Area E. Adding these boundary points does not modify the external boundary of the Class C airspace but rather ensures that the internal boundaries of the airspace are coincident. The three boundary points that are added to Area D are lat. 40°12′37″ N, long. 076°49′12″ W; lat. 40°14′13″ N, long. 076°53′23″ W; lat. 40°14′12″ N, long. 076°56′05″ W. This final rule corrects these errors. Incorporation by Reference Class C airspace designations are published in paragraph 4000 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the ADDRESSES section of this document. This amendment will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This action amends 14 CFR part 71 by establishing Class C airspace and removing the existing Class D airspace area at the Harrisburg International Airport (MDT), PA. The latitude/longitude coordinates for the MDT and CXY airport reference points
(ARP)are updated to reflect the current Airport Master Records data. Also, the existing MDT TRSA is removed and replaced by the Class C airspace area. The FAA is taking this action to enhance the safe and efficient use of airspace and reduce the risk of midair collision in the MDT terminal area (see the attached chart). The MDT Class C airspace area consists of six sub-areas identified by the letters A through F, described as follows: *Area A:* Area A extends from the surface up to 4,400 feet mean sea level
(MSL)within a 5 nautical mile
(NM)radius of MDT, except for that portion described as Area E, below, and excluding that area within a 1.5 NM radius of CXY, northeast of the airport. Area A replaces the existing Class D airspace at MDT. *Area B:* Area B extends from 1,600 feet MSL up to 4,400 feet MSL. It consists of that airspace within 3.5 miles either side of the 117° bearing from MDT, between the 5-mile and 10-mile radii from MDT. *Area C:* Area C extends from 1,600 feet MSL up to 4,400 feet MSL. It is located northwest of MDT between the 5-mile and 10-mile radii of MDT and bounded on the south side by Area E. Area C overlies a portion of the CXY Class D airspace area. *Area D:* Area D extends from 2,100 feet MSL up to 4,400 feet MSL. Area D is bounded as follows: on the northwest end by the 15-mile radius of MDT northwest of MDT; on the northeast side by a line extending from the intersection of the 15-mile radius of MDT and the MDT's 325° bearing, direct to the intersection of MDT's 089° bearing and the 15-mile radius of MDT southeast of MDT; and on the southwest side, by a line extending from lat. 40°01′45″ N, long. 076°40′43″ W, to lat. 40°05′32″ N, long. 076°50′21″ W, excluding the airspace contained in Areas A, B, C, E, and F. Area D's 2,100-foot floor creates a shelf in the vicinity of Donegal Springs Airpark (N71), allowing for operations beneath the Class C airspace. *Area E:* Area E extends from 2,600 feet MSL up to 4,400 feet MSL south and west of CXY. Area E overlays part of the CXY Class D airspace area to the south and west of CXY. Area E allows aircraft to operate to and from CXY without the need for pilots to enter Class C airspace. *Area F:* Area F extends from 2,600 feet MSL up to 4,400 feet MSL. The Area F floor creates a shelf below which pilots could fly instrument approaches to Lancaster Airport
(LNS)runway 08, without having to enter Class C airspace. Full descriptions of the MDT Class C subareas are listed in the amendments to part 71 below. Regulatory Notices and Analyses The FAA considers the impacts of regulatory actions under a variety of executive orders and other requirements. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify the costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $183 million using the most current
(2023)Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble presents the FAA's analysis of the economic impacts of this rule. In conducting these analyses, the FAA has determined that this rule: will have a minimal cost impact; is not a “significant regulatory action” as defined in section 3(f)(1) of Executive Order 12866 as amended by Executive Order 14094; will not have a significant economic impact on a substantial number of small entities; will not create unnecessary obstacles to the foreign commerce of the United States; and will not impose an unfunded mandate on State, local, or tribal governments, or the private sector. This final rule amends 14 CFR part 71 by establishing Class C airspace and removing the existing Class D airspace area at the MDT, PA. In addition, the non-regulatory TRSA is removed. The rule will affect pilots desiring to fly at their current altitudes in and above the Class C airspace. The existing § 91.225 requires all planes to operate in Class C airspace to be equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment. Given that there is no Class C airspace at MDT, all planes that fly in and out of MDT must be equipped with ADS-B Out equipment in this airspace once the final rule goes into effect. However, the nearby Capital City Airport is about four miles from MDT and is not part of Class C airspace. The Capital City Airport could accommodate planes without ADS-B Out equipment. This rule affects pilots because two-way radio communications must be established prior to entering Class C airspace. Pilots who wish to fly without communicating with air traffic control will need to modify their altitude and/or route of flight by either flying above the ceiling, below the shelves, or circumnavigating the Class C airspace. The impact of the final rule will only involve a minimal amount of time to communicate with the air traffic control (ATC). Therefore, the final rule does not have a significant impact on the industry. The FAA is taking this action to reduce the risk of midair collisions and enhance the efficient management of air traffic operations in the Harrisburg terminal area. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines it will, it must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify, and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule amends 14 CFR part 71 by establishing Class C airspace and removing the existing Class D airspace area at MDT. In addition, the non-regulatory TRSA is removed. The FAA is taking this action to reduce the risk of midair collisions and enhance the efficient management of air traffic operations at the MDT. The change affects general aviation operators using Class C airspace. The impact of the final rule will only involve a minimal amount of time for pilots to communicate with the ATC in Class C airspace. The objectives of these changes are to enhance safety and enable more efficient operations at the MDT without being burdensome to the industry. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for United States standards. The FAA has assessed the potential effect of this final rule and determined that it should improve safety and is consistent with the Trade Agreements Act. The FAA has assessed the potential impact of this final rule and determined that it will improve safety and is consistent with the Trade Agreements Act. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a state, local, or tribal government or the private sector to incur direct costs without the Federal government having first provided the funds to pay those costs. The FAA determined that the final rule will not result in the expenditure of $183 million or more by State, local, or tribal governments, in the aggregate, or the private sector, in any year. This final rule does not contain such a mandate; therefore, the Act does not apply. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that this final rule has no new information collection requirement. Environmental Review The FAA has determined that this action of establishing Class C airspace and removing Class D airspace at the Harrisburg International Airport (MDT), PA qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321 *et seq.* ) and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-6.5a, which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA has reviewed this action for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis. Accordingly, the FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact study. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: Paragraph 4000 Class C Airspace. AEA PA C Harrisburg, PA [New] Harrisburg International Airport, PA (Lat. 40°11′35″ N, long. 076°45′45″ W) Capital City Airport, PA (Lat. 40°13′02″ N, long. 076°51′05″ W) Boundaries *Area A.* That airspace extending upward from the surface to and including 4,400 feet MSL bounded by a line beginning at lat. 40°12′23″ N, long. 076°48′37″ W; thence direct to the intersection of the Capital City Airport's 106° bearing and 1.5-mile radius, thence counterclockwise along the Capital City Airport's 1.5-mile radius to the Harrisburg International Airport's 5-mile radius, thence clockwise along the Harrisburg International Airport's 5-mile radius to the intersection of the 5-mile radius and a line bearing 191° from a point at lat. 40°12′23″ N, long. 076°48′37″ W; thence direct to the point of beginning. *Area B.* That airspace extending upward from 1,600 feet MSL to and including 4,400 feet MSL extending from the Harrisburg International Airport's 5-mile radius, and within 3.5 miles each side of the Harrisburg International Airport's 117° bearing to the Harrisburg International Airport's 10-mile radius southeast of the Harrisburg International Airport. *Area C.* That airspace extending upward from 1,600 feet MSL to and including 4,400 feet MSL bounded by a line beginning at the intersection of the Capital City Airport's 106° bearing and 1.5-mile radius direct to lat. 40°14′13″ N, long. 076°53′23″ W, direct to lat. 40°14′12″ N, long. 076°56′05″ W; thence direct to lat. 40°14′12″ N, long. 076°58′22″ W; thence clockwise along the Harrisburg International Airport's 10-mile radius to lat. 40°18′58″ N, long. 076°54′35″ W; thence direct to the Harrisburg International Airport's 341° bearing and the Harrisburg International Airport's 5-mile radius, thence counterclockwise along the Harrisburg International Airport's 5-mile radius to the intersection of the Capital City Airport's 1.5-mile radius, thence clockwise along the Capital City Airport's 1.5-mile radius to the point of beginning. *Area D.* That airspace extending upward from 2,100 feet MSL to and including 4,400 feet MSL, within an area bounded by a line beginning at lat. 40°14′12″ N, long 076°58′22″ W; thence direct to lat. 40°14′11″ N, long. 077°05′03″ W; thence clockwise along the Harrisburg International Airport's 15-mile radius to the intersection of the Harrisburg International Airport's 325° bearing; thence direct to the intersection of Harrisburg International Airport's 089° bearing and the Harrisburg International Airport's 15-mile radius, thence clockwise along the airport's 15-mile radius to the intersection of the Harrisburg International Airport's 113° bearing; thence direct to lat. 40°01′45″ N, long. 076°40′43″ W; thence direct to lat. 40°05′32″ N, long. 076°50′21″ W; thence direct to lat. 40°12′23″ N, long. 076°48′37″ W; thence direct to lat. 40°12′37″ N, long. 076°49′12″ W; thence direct to lat. 40°14′13″ N, long. 076°53′23″ W; thence direct to lat. 40°14′12″ N, long. 076°56′05″ W; thence to the point of beginning; excluding that airspace contained in Areas A, B, and C. *Area E.* That airspace extending upward from 2,600 feet MSL to and including 4,400 feet MSL bounded by a line beginning at lat. 40°12′23″ N, long. 076°48′37″ W; thence direct to lat. 40°05′32″ N, long. 076°50′21″ W; thence direct to the Harrisburg International Airport's 269° bearing and Harrisburg International Airport's 15-mile radius, thence clockwise along the Harrisburg International Airport's 15-mile radius to lat. 40°14′11″ N, long. 077°05′03″ W; thence direct to lat. 40°14′12″ N, long. 076°58′22″ W; thence direct to lat. 40°14′12″ N, long. 076°56′05″ W; thence direct to lat. 40°14′13″ N, long. 076°53′23″ W; thence direct to lat. 40°12′37″ N, long. 076°49′12″ W; thence direct to the point of beginning. *Area F.* That airspace extending upward from 2,600 feet MSL to and including 4,400 feet MSL bounded by a line beginning at the intersection of the Harrisburg International Airport's 113° bearing and the airport's 15-mile radius; thence clockwise along the Harrisburg International Airport's 15-mile radius to the intersection of the airports 145° bearing and the airport's 15-mile radius; thence direct to lat. 40°01′45″ N, long. 076°40′43″ W; thence direct to the point of beginning. Paragraph 5000 Class D Airspace AEA PA D Harrisburg International Airport, PA [Removed] ER17MY24.028 Issued in Washington, DC, on May 9, 2024. Frank Lias, Manager, Rules and Regulations Group. [FR Doc. 2024-10612 Filed 5-16-24; 8:45 am]
Connectionstraces to 7
8 references not yet in our index
  • 14 CFR 71
  • 1 CFR 51
  • Pub. L. 96-354
  • Pub. L. 96-39
  • Pub. L. 104-4
  • Pub. L. 103-465
  • 2 USC 1531-1538
  • 40 CFR 1500
Citation graph
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Cite14 CFR 71
Cite1 CFR 51
Pub. L.Pub. L. 96-354
Pub. L.Pub. L. 96-39
Pub. L.Pub. L. 104-4
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