Amendment of Class E Airspace; Miles City, MT

Federal Register, Volume 81 Issue 206 (Tuesday, October 25, 2016)

Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)

Rules and Regulations

Pages 73340-73341

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-25703

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2016-7046; Airspace Docket No. 16-ANM-3

Amendment of Class E Airspace; Miles City, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E surface area airspace and Class E airspace extending upward from 700 feet above the surface at Frank Wiley Field Airport, Miles City, MT, due to airspace redesign for the safety and management of Instrument Flight Rules (IFR) operations at the airport. The Class E airspace designated as an extension, proposed for revocation in the NPRM, is removed from this rulemaking as it was proposed in error.

DATES: Effective 0901 UTC, January 5, 2017. 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 7400.11A, 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 U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg. Ground Floor Rm. W12-140, Washington, DC 20590; Telephone: 1-800-647-5527, or 202-366-9826. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

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 modifies controlled airspace at Frank Wiley Field Airport, Miles City, MT.

History

On June 17, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) (81 FR 39603) Docket No. FAA-2016-

7046, to modify Class E airspace extending upward from the surface, remove Class E airspace designated as an extension to Class E surface airspace, and modify Class E airspace extending upward from 700 feet above the surface at Frank Wiley Field Airport, Miles City, MT. Subsequent to publication, the FAA found that there is no Class E airspace designated as an extension to the Class E surface area airspace at the airport and was added in error. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6002, and 6005,

Page 73341

respectively, of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 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 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A 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 modifies Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface at Frank Wiley Field Airport, Miles City, MT. The Class E surface area airspace is modified to within a 5-mile radius of Frank Wiley Field Airport to support terminal operations below 700 feet above the surface and to account for rising terrain. Additionally, Class E airspace extending upward from 700 feet above the surface is modified to within an 8-mile radius of Frank Wiley Field Airport to support IFR departures below 1,200 feet above the surface due to rising terrain. After a review of the airspace, the FAA found redesign of the airspace necessary for the safety and management of IFR operations at the airport. Class E airspace designated as an extension is removed from this rulemaking as the airspace was added in error.

Class E airspace designations are published in paragraph 6002, and 6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, 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.

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 5-6.5a. 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

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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

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2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows:

   Paragraph 6002 Class E Airspace Designated as Surface Areas.

   * * * * *

   ANM MT E2 Miles City, MT Modified

   Miles City, Frank Wiley Field, MT

   (Lat. 46deg25'41'' N., long. 105deg53'10'' W.)

   That airspace extending upward from the surface within a 5-mile radius of Frank Wiley Field.

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

   * * * * *

   ANM MT E5 Miles City, MT Modified

   Miles City, Frank Wiley Field, MT

   (Lat. 46deg25'41'' N., long. 105deg53'10'' W.)

   That airspace extending upward from 700 feet above the surface within an 8-mile radius of Frank Wiley Field; and that airspace extending upward from 1,200 feet above the surface within a 34.5-

   mile radius of Frank Wiley Field.

   Issued in Seattle, Washington, on October 12, 2016.

   Tracey Johnson,

   Manager, Operations Support Group, Western Service Center.

   FR Doc. 2016-25703 Filed 10-24-16; 8:45 am

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