[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Rules and Regulations]
[Pages 86570-86571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28726]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-7417; Airspace Docket No. 16-AWA-4]
RIN 2120-AA66


Amendment of Class C Airspace; El Paso International Airport, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class C airspace at El Paso International 
Airport, El Paso, TX, by removing a cutout from the Class C airspace 
area that excludes the airspace within a 2-mile radius of West Texas 
Airport and the airspace beyond an 8-mile arc from the El Paso 
International Airport beginning at the 115[deg] bearing from the 
airport clockwise to the Rio Grande River. Additionally, this rule 
removes West Texas Airport from the Class C airspace description as the 
airport is closed, and amends the El Paso International Airport 
geographic coordinates to coincide with the FAA's aeronautical 
database. The FAA is taking this action to enable more efficient 
operations at El Paso International Airport.

DATES: Effective date 0901 UTC, February 2, 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 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: Colby Abbott, Airspace Policy Group, 
Office of Airspace Services, 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 amends the El Paso, TX, Class C airspace area to 
preserve the safe and efficient flow of air traffic in the El Paso, TX, 
area.

History

    On August 17, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify the Class C airspace at 
El Paso International Airport, El Paso, TX (81 FR 54752), Docket No. 
FAA-2016-7417. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. One 
comment was received supporting the FAA's proposed action.

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

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by modifying the El Paso International Airport, El Paso, TX, 
Class C airspace area. This action removes the cutout and reduced 
perimeter boundary arc that excludes the airspace extending upward from 
5,200 feet MSL to and including 8,000 feet MSL within a 2-mile radius 
of the West Texas Airport, and the airspace beyond an 8-mile arc from 
the El Paso International Airport beginning at the 115[deg] bearing 
from the airport clockwise to the Rio Grande River. Since West Texas 
Airport (renamed Horizon Airport in 2004) is permanently closed and the 
property sold for non-aviation uses, the purpose for the exclusions no 
longer exists. Thus, the FAA is removing the words ``. . . that 
airspace beyond an 8-mile arc from the El Paso International Airport 
beginning at the 115[deg] bearing from the airport clockwise to the Rio 
Grande River, and that airspace within a 2-mile radius of the West 
Texas Airport, and . . .'' from the regulatory text. The West Texas 
Airport name and geographic coordinate references are also removed from 
the Class C airspace description.
    Additionally, this action amends the exclusion language pertaining 
to the Class C airspace extending upward from 5,200 feet MSL to and 
including 8,000 feet MSL from ``. . . that airspace within Mexico, and 
that airspace west of long 106[deg]27'02'' W.'' to ``. . . that 
airspace west of long. 106[deg]27'02'' W., and that airspace within 
Mexico.'' This change is editorial for format and clarity to 
standardize the exclusion information associated with the Class C 
airspace surface area and shelf.
    Lastly, this action updates the El Paso International Airport 
geographic coordinates to reflect the current airport reference point 
information in the

[[Page 86571]]

FAA's aeronautical database from ``lat. 31[deg]48'24'' N., long. 
106[deg]22'40'' W.'' to ``lat. 31[deg]48'26'' N., long. 106[deg]22'35'' 
W.''
    Class C airspace areas are published in paragraph 4000 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 C airspace area 
modification 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. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (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, will 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 of modifying the El Paso 
International Airport, El Paso, TX, Class C airspace area by removing a 
cutout from the Class C airspace area that excludes the airspace within 
a 2-mile radius of West Texas Airport (now closed) and the airspace 
beyond an 8-mile arc from the El Paso International Airport beginning 
at the 115[deg] bearing from the airport clockwise to the Rio Grande 
River, removing the West Texas Airport and geographic coordinate 
references from the Class C airspace description, and amending the El 
Paso International Airport geographic coordinates to reflect the 
current airport reference point information contained in the FAA's 
aeronautical database qualifies for categorical exclusion under the 
National Environmental Policy Act 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 review [R]ulemaking 
actions that designate or modify classes of airspace areas, airways, 
routes, and reporting points. This action is not expected to cause any 
potentially significant environmental impacts. In accordance with FAA 
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, 
this action has been reviewed for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis, and it is determined 
that 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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 
7400.11A, Airspace Designations and Reporting Points, dated August 3, 
2016, and effective September 15, 2016, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

ASW TX C El Paso International Airport, TX [Amended]

El Paso International Airport, TX
    (Lat. 31[deg]48'26'' N., long. 106[deg]22'35'' W.)

    That airspace extending upward from the surface to and including 
8,000 feet MSL within a 5-mile radius of the El Paso International 
Airport, excluding that airspace west of long. 106[deg]27'02'' W., 
and that airspace within Mexico; and that airspace extending upward 
from 5,200 feet MSL to and including 8,000 feet MSL within a 10-mile 
radius of the El Paso International Airport, excluding that airspace 
west of long. 106[deg]27'02'' W., and that airspace within Mexico.

    Issued in Washington, DC, on November 22, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-28726 Filed 11-30-16; 8:45 am]
 BILLING CODE 4910-13-P