[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 53979-53981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2018-0094; Airspace Docket No. 18-ASW-4]
RIN 2120-AA66
Amendment of Class D Airspace; Tulsa, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends Class D airspace designated as an extension
at Tulsa Lloyd Jones Jr. Airport, Tulsa, OK. This action is a result of
an airspace review caused by the decommissioning of the Glenpool VHF
omnidirectional range (VOR) navigation aid as part of the VOR Minimum
Operational Newtork (MON) Program and the cancellation of the
associated instrument procedures. The geographic coordinates of the
airport are also updated; to coincide with the FAA's aeronautical
database, as well as an editorial change removing the city associated
with the airport name in the airspace legal description. Also, the
outdated term ``Airport/Facility Directory'' is replaced with ``Chart
Supplement''.
DATES: Effective 0901 UTC, January 3, 2019. 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 7400.11C, 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 7400.11C at NARA, call (202) 741-6030, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.
FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support
[[Page 53980]]
Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222-5857.
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 Class D airspace designated as an extension at Tulsa
Lloyd Jones Jr. Airport, Tulsa, OK, to support instrument flight rules
operations at this airport.
History
The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 14785; April 6, 2018) for Docket No. FAA-2018-0094 to
amend the Class D airspace Designated as an extension at Tulsa Lloyd
Jones Jr. Airport, Tulsa, OK. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. One comment was received from the Aircraft
Owners and Pilots Association (AOPA). In their comment, AOPA stated
that the NPRM did not comply with FAA guidance in FAA Order 7400.2L,
Procedures for Handling Airspace Matters, because a graphic was not
included in the docket. Additionally, AOPA encouraged the FAA to follow
their guidance in the Order by making the action effective date
coincidental to the sectional chart publication date.
The FAA has determined AOPA's comments raised no substantive issues
with respect to the proposed changes to the airspace addressed in the
NPRM. To the extent the FAA failed to follow its policy guidance
reference publishing graphics in the docket and establishing the Class
D airspace effective date to match the sectional chart date, we note
the following.
With respect to AOPA's comment addressing graphics, FAA Order
7400.2L, paragraph 2-3-3.c. requires the official docket to include
available graphics. For this airspace action, no graphics were deemed
necessary or produced in the review or development of the proposed
airspace amendments noted in the NPRM; therefore, no graphics were
available to include in the docket.
Specific to AOPA's comment regarding the FAA already creating a
graphical depiction of new or modified airspace overlaid on a Sectional
Chart for quality assurance purposes, this is not correct nor required
in all cases. During the airspace reviews, airspace graphics may be
created, if deemed necessary, to determine if there are any terrain
issues, or if cases are considered complex. However, in many cases when
developing an airspace amendment proposal, a graphic is not required.
It was unclear if the graphic AOPA argued was already created with a
sectional chart background was actually the airspace graphic created by
the Aeronautical Informational Services office in preparation of
publishing the sectional charts. However, that graphic is normally
created after the rulemaking determination is published.
With respect to AOPA's comment addressing effective dates, FAA
Order 7400.2L, paragraph 2-3-7.a.4. states that, to the extent
practicable, Class D airspace area and restricted area rules should
become effective on a sectional chart date and that consideration
should be given to selecting a sectional chart date that matches a 56-
day en route chart cycle date. The FAA does consider publishing Class D
airspace amendment effective dates to coincide with the publication of
sectional charts, to the extent practicable; however, this
consideration is accomplished after the NPRM comment period ends in the
final rule. Substantive comments received to NPRMs, flight safety
concerns, management of IFR operations at affected airports, and
immediacy of required proposed airspace amendments are some of the
factors that must be taken into consideration when selecting the
appropriate effective date. After considering all factors, the FAA may
determine that selecting an effective date that conforms to a 56-day en
route chart cycle date that is not coincidental to sectional chart
dates is better for the National Airspace System and its users than
awaiting the next sectional chart date.
Class D airspace designations are published in paragraphs 5000 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class D
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 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C 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 D airspace extending upward from the surface to
and including 3,100 feet MSL, within a 4-mile radius of Richard Lloyd
Jones Jr. Airport, and within 1 mile each side of the 190[deg] radial
from the airport RWY 01L-LOC extending from the 4-mile radius to 4.1
miles south of the airport (reduced from 1.3 miles each side of the
350[deg] radial of the Glenpool VOR extending from the 4-mile radius to
4.7 miles south of the airport). This action is necessary due to the
decommissioning of the Glenpool VOR as part of the VOR MON Program and
cancellation of the associated instrument approach.
The geographic coordinates of the airport are also updated to
coincide with the FAA's aeronautical database. Additionally, this
action makes an editorial change to the Class D airspace legal
description replacing ``Airport/Facility Directory'' with ``Chart
Supplement.''
Also, an editorial change will be made removing the airport name
from the airspace designation, and removing the word ``Tulsa'' from the
airport name, to comply with a change to FAA Order 7400.2L, Procedures
for Handling Airspace Matters.
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
[[Page 53981]]
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 5-6.5.a. 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
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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASW OK D Tulsa, OK [Amended]
Richard Lloyd Jones Jr., OK
(Lat. 36[deg]02'22'' N, long. 95[deg]59'05'' W)
That airspace extending upward from the surface to and including
3,100 feet MSL within a 4-mile radius of Richard Lloyd Jones Jr.
Airport, and within 1 mile each side of the 190[deg] bearing from
the Richard Lloyd Jones Jr. Airport RWY 01L-LOC from the 4 mile
radius to 4.1 miles south of the airport, excluding that airspace
within the Tulsa International Airport, OK, Class C airspace area.
This Class D airspace is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the Chart
Supplement.
Issued in Fort Worth, Texas, on October 18, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-23401 Filed 10-25-18; 8:45 am]
BILLING CODE 4910-13-P