[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Proposed Rules]
[Pages 80620-80621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27437]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9286; Airspace Docket No. 16-ANM-13]


Proposed Establishment of Class E Airspace, Denver, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E en route airspace 
extending upward from 1,200 feet above the surface to accommodate 
Instrument Flight Rules (IFR) aircraft under control of the Denver Air 
Route Traffic Control Center (ARTCC), Denver, CO. Establishment of this 
airspace area would ensure controlled airspace exists in those areas 
where the Federal airway structure is inadequate.

DATES: Comments must be received on or before January 3, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2016-9286; Airspace Docket No. 16-ANM-13, at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except federal holidays.
    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 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. 
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 would establish Class E en route airspace at Denver Air Route 
Traffic Control Center, Denver, CO.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Persons wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2016-9286/
Airspace Docket No. 16-ANM-13.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during

[[Page 80621]]

normal business hours at the Northwest Mountain Regional Office of the 
Federal Aviation Administration, Air Traffic Organization, Western 
Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, 
WA 98057.

Availability and Summary of Documents Proposed for Incorporation by 
Reference

    This document proposes to amend 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.

Background

    Current airspace design is primarily based on airport terminal 
areas and airways, often leaving small areas of uncontrolled airspace 
between airports. Class E en route domestic airspace provides 
controlled airspace in those areas where there is a requirement to 
provide IFR en route air traffic control services but the Federal 
airway structure is inadequate.
    Numerous smaller Class E en route areas have been established to 
provide controlled airspace where the airway structure is inadequate; 
however, additional areas of uncontrolled airspace have been discovered 
due to technological improvements in locating and mapping. Also, as 
aging ground-based navigation aids are removed from service, the airway 
structure is reduced, uncovering larger areas of uncontrolled airspace.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) Part 71 to establish Class E en route airspace 
extending upward from 1,200 feet above the surface at the Denver ARTCC, 
Denver, CO, to support en route IFR operations where the airway 
structure is inadequate. This proposal would allow the most efficient 
routing between airports without reducing margins of safety or 
requiring additional coordination and pilot/controller workload. This 
action is necessary to ensure the safety and management of controlled 
airspace within the National Airspace System as it transitions from 
ground based navigation aids to satellite-based Global Navigation 
Satellite System for navigation.
    Class E airspace designations are published in paragraph 6006 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 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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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

0
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.


Sec.  71.1   [Amended]

    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 6006 Class E En Route Domestic Airspace Areas.

* * * * *

ANM CO E6 Denver, CO [New]

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by lat. 44[deg]57'30'' N., long. 
103[deg]10'00'' W.; to lat. 44[deg]42'00'' N., long 101[deg]29'00'' 
W.; to lat. 43[deg]42'30'' N., long. 101[deg]24'30'' W.; to lat. 
43[deg]17'20'' N., long. 100[deg]06'00'' W.; to lat. 42[deg]00'00'' 
N., long. 099[deg]01'00'' W.; to lat. 39[deg]59'00'' N., long. 
099[deg]03'30'' W.; to lat. 39[deg]28'00'' N., long. 098[deg]48'00'' 
W.; to lat. 37[deg]30'00'' N., long. 102[deg]33'00'' W.; to lat. 
36[deg]43'00'' N., long. 105[deg]00'00'' W.; to lat. 36[deg]43'00'' 
N., long. 106[deg]05'00'' W.; to lat. 36[deg]12'00'' N., long. 
107[deg]28'00'' W.; to lat. 36[deg]02'00'' N., long. 108[deg]13'00'' 
W.; to lat. 35[deg]42'00'' N., long. 110[deg]14'00'' W.; to lat. 
35[deg]46'00'' N., long. 111[deg]50'30'' W.; to lat. 36[deg]25'15'' 
N., long. 111[deg]30'15'' W.; to lat. 36[deg]44'00'' N., long. 
111[deg]36'30'' W.; to lat. 37[deg]24'45'' N., long. 111[deg]52'45'' 
W.; to lat. 37[deg]50'00'' N., long. 110[deg]53'00'' W.; to lat. 
38[deg]07'45'' N., long. 110[deg]09'25'' W.; to lat. 38[deg]12'00'' 
N., long. 109[deg]59'00'' W.; to lat. 38[deg]56'00'' N., long. 
109[deg]59'00'' W.; to lat. 39[deg]13'00'' N., long. 109[deg]59'00'' 
W.; to lat. 39[deg]35'00'' N., long. 110[deg]18'00'' W.; to lat. 
40[deg]00'00'' N., long. 109[deg]10'00'' W.; to lat. 40[deg]51'00'' 
N., long. 109[deg]06'00'' W.; to lat. 41[deg]22'00'' N., long. 
108[deg]16'30'' W.; to lat. 41[deg]36'30'' N., long. 108[deg]00'00'' 
W.; to lat. 42[deg]25'00'' N., long. 107[deg]03'00'' W.; to lat. 
43[deg]53'00'' N., long. 107[deg]17'00'' W.; to lat. 44[deg]19'00'' 
N., long. 106[deg]16'00'' W.; to lat. 45[deg]14'15'' N., long. 
106[deg]00'00'' W.; to lat. 45[deg]07'00'' N., long. 104[deg]15'00'' 
W.; thence to the point of beginning.

    Issued in Seattle, Washington, on November 2, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-27437 Filed 11-15-16; 8:45 am]
BILLING CODE 4910-13-P