[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Rules and Regulations]
[Pages 21075-21076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08028]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0954; Airspace Docket No. 19-ANM-6]
RIN 2120-AA66


Establishment of Class E Airspace; Hardin, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Big Horn County 
Airport, Hardin, MT. The airspace extends upward from 700 feet above 
the surface and contains arriving and departing IFR aircraft operating 
to/from the airport.

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: Matthew Van Der Wal, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-3695.

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 would establish Class E airspace at Big Horn County Airport, 
Hardin, MT, to ensure the safety and management of Instrument Flight 
Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 2330; January 15, 2020) for Docket No. FAA-2019-0954 to 
establish Class E airspace at Big Horn County Airport, Hardin, MT. 
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 E5 airspace designations are published in paragraph 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 establishes Class E airspace extending upward from 700 feet or 
more above the surface at the Big Horn County Airport, Hardin, MT. The 
Class E airspace area supports the airport's transition from VFR to IFR 
operations. It contains IFR departures until reaching 1,200 feet above 
the surface and IFR arrivals descending below 1,500 feet above the 
surface.
    The airspace area is described as follows: That airspace extending

[[Page 21076]]

upward from 700 feet above the surface within a 6.4-mile radius of the 
airport, and within 2 miles each side of the 090[deg] bearing from the 
airport, extending from the 6.4-mile radius to 10.4 miles east of the 
Big Horn County Airport.
    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 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ANM MT E5--Hardin, MT

Big Horn County Airport, Hardin, MT
    (Lat. 45[deg]44'40'' N, long. 107[deg]39'38'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the airport, and within 2.0 miles each 
side of the 090[deg] bearing from the airport, extending from the 
6.4-mile radius to 10.4 miles east Big Horn County Airport.

    Issued in Seattle, Washington, on April 10, 2020.
Shawn M. Kozica,
Group Manager,Western Service Center, Operations Support Group.
[FR Doc. 2020-08028 Filed 4-15-20; 8:45 am]
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