[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18870-18872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07031]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0786; Airspace Docket No. 18-AWP-1]
RIN 2120-AA66


Amendment of Class E Airspace and Establishment of Class E 
Airspace Extension; Battle Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E surface area, Class E airspace 
extending upward from 700 feet above the surface and creates Class E 
airspace as an extension to the Class E surface area at Battle Mountain 
Airport, Battle Mountain, NV. After establishment of a new area 
navigation (RNAV) procedure and review of the airspace, the FAA found 
it necessary to amend the existing airspace and establish new 
controlled airspace for the safety and management of Instrument Flight 
Rules (IFR) operations at this airport. This action also removes a 
reference to the Battle Mountain VORTAC from the legal description for 
the Class E airspace extending upward from 700 feet.

DATES: Effective 0901 UTC, July 16, 2020. 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 7400.11D, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://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 7400.11D at NARA, email [email protected] 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION: 

[[Page 18871]]

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 will amend the existing Class E airspace and establish new Class 
E airspace as an extension to the Class E surface area at Battle 
Mountain Airport, Battle Mountain, NV, in support of IFR operations at 
the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (84 FR 65714; November 29, 2019) for Docket No. FAA-2019-0786 
to amend and establish Class E airspace at Battle Mountain Airport, 
Battle Mountain, NV. Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal 
to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002, 6004 
and 6005 of FAA Order 7400.11D, dated August 8, 2019 and effective 
September 15, 2019, which is incorporated by reference in 14 CFR 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 7400.11D, Airspace Designations and 
Reporting Points, dated August 8, 2019, and effective September 15, 
2019. FAA Order 7400.11D is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11D 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 at Battle Mountain Airport, Battle 
Mountain, NV. The Class E surface area will be adjusted to that area 
within 4.2 miles of the airport. The surface area that extends 1 mile 
both sides of the 218[deg] bearing from the 4.2 mile radius to 7.4 
miles southwest of the airport will be eliminated.
    A Class E extension to the surface area will be established within 
1.3 miles each side of the 228[deg] bearing, which will provide the 
required airspace to protect aircraft descending through 1000 feet AGL, 
while using the VOR approach to runway 4.
    The Class E airspace extending upward from 700 feet AGL will be 
modified by establishing airspace 2 miles on each side of the 48[deg] 
bearing from the airport to 11 miles northeast, to contain a new RNAV 
approach to runway 22. To the west, the airspace extending upward from 
700 feet AGL is expanded from the current 4.2 mile radius to 7 miles 
from the airport, between the 265[deg] bearing clockwise to the 32[deg] 
bearing, to protect departures until they reach 1200 feet AGL. This 
action also modifies the lateral boundaries of the Class E airspace 
extending upward from 700 feet AGL to the southwest from 25 miles of 
the Battle Mountain VORTAC to within a 16.5 mile radius of the airport 
from the 204[deg] bearing clockwise to the 266[deg] bearing. This will 
protect the VOR Approach to runway 4, as aircraft descend through 1500 
feet.
    This action eliminates the Battle Mountain VORTAC as a reference 
point in the legal description, as it is no longer required.
    This airspace supports IFR operations at Battle Mountain Airport, 
Battle Mountain, NV.
    Class E airspace designations are published in paragraph 6002, 6004 
and 6005 of FAA Order 7400.11D, dated August 8, 2019 and effective 
September 15, 2019, which is incorporated by reference in 14 CFR 71.1. 
The Class E airspace designation listed in this document will be 
published subsequently in the Order. FAA Order 7400.11, Airspace 
Designations and Reporting Points, is published yearly and effective on 
September 15.

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

    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 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]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, and 
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP NV E2 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface to and including 
2500 feet MSL within a 4.2-mile radius of Battle Mountain Airport, 
Battle Mountain, NV. 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 times will thereafter be continuously 
published in the Chart Supplement.

[[Page 18872]]

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP NV E4 Battle Mountain, NV [NEW]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface within 1.3 miles 
each side of the 228[deg] bearing from the Battle Mountain Airport 
extending from the 4.2 mile radius to 7 miles southwest of Battle 
Mountain Airport, Battle Mountain NV.

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

* * * * *

AWP NV E5 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from 700 feet above the surface 
within 16.5-mile radius of the Battle Mountain Airport beginning at 
the point where the 205[deg] bearing intersects the 16.5-mile radius 
thence clockwise to the point where the 266[deg] bearing intersects 
the 16.5-mile radius thence northeast along the 266[deg] bearing to 
within 7 miles of the airport, thence clockwise along the 7-mile 
radius to the point where the 65[deg] bearing intersects the 7-mile 
radius thence to the point where the 77[deg] bearing intersects the 
4.2-mile radius thence clockwise to the point where the 158[deg] 
bearing intersects the 4.2 mile radius, thence to the point of 
beginning; and that airspace within 2 miles each side of the 49[deg] 
bearing extending from the 4.2 mile radius to 10.5 miles from the 
airport.

    Issued in Seattle, Washington, on March 26, 2020.
Shawn M. Kozica,
Group Manager, Western Service Center, Operations Support Group.
[FR Doc. 2020-07031 Filed 4-2-20; 8:45 am]
BILLING CODE 4910-13-P