Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2020-03471 · RIN 2120-AA66 · Docket No. FAA-2019-0811; Airspace Docket No. 17-ANM-36 · 14 CFR 71

Summary

This action establishes Class E airspace extending upward from 700 feet or more above the surface of the earth at Alpine Airport, Alpine, WY. The first area extends upward from 700 feet above the surface and a second area extends upward from 1,200 feet above the surface. The airspace is designed to accommodate new IFR area navigation (RNAV) approaches and IFR departure procedures at the airport, supporting the airport's transition from VFR to IFR operations

Dates

Effective 0901 UTC, May 21, 2020. 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.

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 would establish Class E airspace at Alpine Airport, Alpine, WY, to ensure the safety and management of Instrument Flight Rules (IFR) operations at the airport. History The FAA published a notice of proposed rulemaking in the Federal Register (84 FR 67383; December 10, 2019) for Docket No. FAA-2019-0811 to establish Class E airspace at Alpine Airport, Alpine, WY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received. The commenter recommended the airport should be decommissioned. The comment is not germane to the establishment of airspace to contain IFR procedures. Class E5 airspace designations are published in paragraph 6005 of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation 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 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D 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 establishing Class E airspace extending upward from 700 feet or more above the surface at the Alpine Airport, Alpine, WY. The Class E airspace supports the airport's transition from VFR to IFR operations. Specifically, it will, to the extent possible, contain IFR departures until reaching 1,200 feet above the surface and IFR arrivals when descending below 1,500 feet above the surface. The first airspace area extends upward from 700 feet above the surface within a 4.0-mile radius to the airport, and within 1 mile each side of the 179° bearing from the airport, extending from the 4.0-mile radius to 5.8 south of the airport, and within 1.8 miles each side of the 321° bearing from the airport, extending from the 4.0-mile radius to 10.5 miles northwest of the airport. The second airspace area extends upward from 1,200 feet above the surface within a 13-mile radius of the airport. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. 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 will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would 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. List 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 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 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM WY E5 Alpine, WY [New] Alpine Airport, WY (Lat. 43°10′55″ N, long. 111°02′19″ W) That airspace extending upward from 700 feet above the surface within a 4.0-mile radius of the airport, and within 1 mile each side of the 179° bearing from the airport, extending from the 4.0-mile radius to 5.8 miles south of the airport, and 1.8 miles each side of the 321° bearing from the airport, extending from the 4.0-mile radius to 10.5 miles northwest of the airport; and that airspace extending upward from 1,200 feet above the surface within a 13-mile radius of the Alpine Airport. Issued in Seattle, Washington, on February 12, 2020. Shawn M. Kozica, Group Manager, Western Service Center Operations Support Group. [FR Doc. 2020-03471 Filed 2-20-20; 8:45 am]