[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10544-10546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02489]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6984; Airspace Docket No. 16-ANM-5]


Amendment of Class E Airspace, Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace extending upward 
from 700 feet above the surface at McNary Field, Salem, OR. After a 
review of the airspace, the FAA found additional airspace is required 
to support the current standard instrument approach and departure 
procedures for the safety

[[Page 10545]]

and management of Instrument Flight Rules (IFR) operations at the 
airport.

DATES: Effective 0901 UTC, April 27, 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 7400.11A and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line 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 
this material 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: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4517.

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 McNary Field, Salem, OR.

History

    The airspace in the area of McNary Field, Salem, Oregon has been 
the subject of three recent airspace actions. In June 2015, the FAA 
issued a final rule modifying Class D airspace, Class E surface area 
airspace, Class E airspace extending upward from 700 feet above the 
surface, and removing Class E surface area airspace designated as an 
extension at McNary Field, Salem, OR (80 FR 37153, June 30, 2015). The 
FAA explained that due to the proposed cancellation of the Turno non-
directional radio beacon (NDB) and cancellation of the NDB approach, a 
review of the airspace was completed, revealing an increase and 
reconfiguration of the airspace was needed for IFR operations. The 
final rule was effective August 20, 2015.
    After August 20, 2015 the FAA received and considered additional 
public comments recommending further airspace changes. The FAA 
published a notice of proposed rulemaking (NPRM) on September 21, 2015 
(80 FR 56935), proposing to modify Class D airspace, Class E surface 
area airspace, and Class E airspace extending upward from 700 feet 
above the surface at McNary Field. The FAA determined that some 
airspace was unnecessary for Standard Instrument Approach Procedures 
(SIAP) for instrument flight rules (IFR) operations at the airport. The 
FAA received 71 comments including 24 comments requesting that the 
airspace be returned to the configuration that was in place prior to 
August 20, 2015. The FAA issued another final rule on March 8, 2016 (81 
FR 12002), explaining in response to the public comments that returning 
to the prior airspace configuration would not protect the IFR arrivals 
and departures or account for existing terrain.
    After March 8, 2016, the FAA received additional public comments 
citing a potential safety issue with the Localizer (LOC) Y runway (RWY) 
31, and the LOC/Distance Measuring Equipment (DME) Back Course (BC) 
approach to RWY 13. The FAA investigated this issue and on June 29, 
2016, the FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM), (81 FR 42293) Docket FAA-2016-6984, to modify Class 
E airspace extending upward from 700 feet above the surface at McNary 
Field, Salem, OR, to provide additional airspace to support the 
Localizer (LOC) Y runway (RWY) 31, and the LOC/Distance Measuring 
Equipment (DME) Back Course (BC) approach to RWY 13. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal to the FAA. Ten comments were 
received.

Discussion of Comments

    There were ten comments received from seven commenters; one 
individual provided three separate comments. One comment was a 
duplicate and one provided feedback on the two earlier final rules and 
not the current proposal. To the extent that commenters raised concerns 
pertaining to the earlier airspace actions (e.g., modifications to 
Class D airspace), the FAA notes that those comments are outside the 
scope of this proposal.
    One commenter supported the current proposal. Six commenters 
requested the airspace be returned to the configuration that existed 
prior to August 20, 2015. The FAA does not agree; the airspace that 
existed prior to August 20, 2015 did not comply with FAA Order 7400.2K, 
Procedures for Handling Airspace Matters in that it overstated some 
airspace areas necessary for Instrument Flight Rules (IFR) arrivals and 
did not provide sufficient airspace in other areas to protect IFR 
departures until reaching 700 feet above the surface due to rising 
terrain.
    Four commenters recommended the use of Class E4 arrival extensions. 
The FAA does not agree. FAA Order 7400.2 states that Class E4 arrival 
extensions are to be employed at the point where an aircraft descends 
below 1,000 feet if it is farther than two miles from, and outside the 
surface airspace. IFR aircraft at McNary Field, Salem, OR, descend to 
1,000 feet above ground level within Class D airspace on all 
approaches.
    Four commenters cited that the FAA did not comply with guidance in 
five of their own directives: FAA Orders 8260.3C, United States 
Standard for Terminal Instrument Procedures (TERPS); 8200.44A, Flight 
Inspection Services Instrument Flight Procedure Coordination; 8260.19G, 
Flight Procedures and Airspace; 8260.26F, Establishing Submission 
Cutoff Dates for Civil Instrument Flight Procedures; and 7400.2K, 
Procedures for Handling Airspace Matters. No specific examples were 
provided, except two commenters stated the FAA was not in compliance 
with Order 7400.2K page 17-2-4 when designing the Class D airspace. The 
FAA disagrees as the current Class D airspace is in compliance with 
this guidance. Further, the Class D airspace is not relevant to this 
rulemaking action.
    Class E airspace designations are published in paragraph 6005 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 designation listed in this document will be published 
subsequently in the Order.

[[Page 10546]]

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 airspace extending upward from 700 feet above 
the surface at McNary Field, Salem, OR, by adding segments extending 
from the 6.7-mile radius to 13.50 miles northwest of the airport, and 
extending from the 8.2-mile radius to 16.5 miles southeast of the 
airport. After a review, the FAA discovered additional airspace was 
necessary to accommodate the LOC Y RWY 31, and the LOC/DME BC RWY 13 
instrument approach procedures for the safety and management of IFR 
operations at the airport.

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.

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 FAA Order 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, and 
effective September 15, 2016, is amended as follows:

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

* * * * *

ANM OR E5 Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.2-mile radius of McNary Field from the 168[deg] bearing 
from the airport clockwise to the 311[deg] bearing from the airport, 
and that airspace within a 6.7-mile radius of McNary Field from the 
311[deg] bearing from the airport clockwise to the 074[deg] bearing 
from the airport, and that airspace within an 8.2-mile radius of 
McNary Field from the 074[deg] bearing from the airport clockwise to 
the 168[deg] bearing from the airport, and that airspace 2 miles 
either side of the 330[deg] bearing extending from the 6.7-mile 
radius of the airport to 13.5 miles northwest of the airport, and 
that airspace 4 miles southwest and 5 miles northeast of the 
150[deg] bearing extending from the 8.2-mile radius of the airport 
to 16.5 miles southeast of the airport.

    Issued in Seattle, Washington, on January 19, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-02489 Filed 2-13-17; 8:45 am]
 BILLING CODE 4910-13-P