[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54236-54238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23478]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1092; Airspace Docket No. 17-AWP-27]
RIN 2120-AA66


Amendment of Class E Airspace; Merced, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E surface airspace and Class E 
airspace extending upward from 700 feet above the surface at Merced 
Regional/Macready Field, Merced, CA, to accommodate airspace redesign 
due to the decommissioning of the El Nido VHF Omnidirectional Range/
Distance Measuring Equipment (VOR/DME) as the FAA transitions from 
ground-based to satellite-based navigation. This action also removes 
Class E airspace extending upward from 1,200 feet above the surface; 
updates the airport name to match the FAA's aeronautical database; and 
replaces the outdated term Airport/Facility Directory with Chart 
Supplement. These actions are necessary for the safety and management 
of instrument flight rules (IFR) operations at this airport.

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 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 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: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S 216th St., Des Moines, WA 98198-6547; telephone (206) 231-2245.

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

[[Page 54237]]

airspace. This regulation is within the scope of that authority as it 
amends Class E airspace at Merced Regional/Macready Field, Merced, CA, 
to support IFR operations.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket 
FAA-2017-1092 in the Federal Register (83 FR 2574; January 18, 2018) to 
modify Class E airspace extending upward from 700 feet above the 
surface at Merced Regional/Macready Field, Merced, CA. Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. Two comments 
were received in support of the proposal. In their comment, AOPA stated 
that the NPRM did not comply with FAA guidance in Order 7400.2, 
Procedures for Handling Airspace Matters, because a graphic was not 
included in the docket. Additionally, AOPA encouraged the FAA to follow 
their guidance by making the action effective date concurrent with 
publication of the VFR sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues 
related to the proposed changes to the airspace addressed in the NPRM. 
To the extent the FAA failed to follow its policies related to 
publishing graphics in the docket and coincidental to the sectional 
chart date, we note the following.
    The FAA provided graphics for this proposal on February 15, 2018. 
Nevertheless, 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 
terrain issues, or if cases are considered complex. However, in many 
cases, a graphic is not required when developing an airspace proposal.
    With respect to AOPA's comment addressing effective dates, FAA 
Order 7400.2L, para 2-3-7.a.4. states that, to the extent practicable, 
airspace areas and restricted areas 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 Class E 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 NAS and 
its users rather than awaiting the next sectional chart date.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.11C, dated August 13, 2018, and effective September 15, 
2018, 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.

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 amends Class E airspace extending upward from 700 feet above 
the surface at Merced Regional/Macready Field, Merced, CA, to within a 
6.6-mile (increased from a 6.1-mile) radius of the airport, and removes 
the segment extending southeast of the airport (2.6 miles southeast of 
the El Nido VOR/DME) due to the decommissioning of the navigation aid.
    Also, this action remove the Class E airspace extending upward from 
1,200 feet above the surface because it is wholly contained within the 
Sacramento en route airspace area.

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.

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 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AWP CA E2 Merced, CA [Amended]

Merced Regional/Macready Field, CA
    (Lat. 37[deg]17'05'' N, long. 120[deg]30'50'' W)

    Within a 4.3-mile radius of Merced Regional/Macready Field. This 
Class E airspace area 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.

[[Page 54238]]

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

* * * * *

AWP CA E5 Merced, CA [Amended]

Merced Regional/Macready Field, CA
    (Lat. 37[deg]17'05'' N, long. 120[deg]30' 50'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Merced Regional/Macready Field.

    Issued in Seattle, Washington, on October 19, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-23478 Filed 10-26-18; 8:45 am]
BILLING CODE 4910-13-P