[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Proposed Rules]
[Pages 70089-70092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24336]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0937; Airspace Docket No. 20-AEA-11]
RIN 2120-AA66


Proposed Amendment of the Class D and Class E Airspace and 
Establishment of Class E Airspace; Niagara Falls and Buffalo, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D airspace and Class E 
airspace at Niagara Falls International Airport, Niagara Falls, NY, and 
amend and establish Class E airspace extending upward from 700 feet 
above the surface at Buffalo, NY. The FAA is proposing this action as 
the result of airspace

[[Page 70090]]

reviews due to new instrument procedures being implemented at Buffalo-
Lancaster Regional Airport, Lancaster, NY. The names and geographic 
coordinates of airports and navigational aids would also be updated to 
coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before December 21, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone 
(202) 366-9826, or (800) 647-5527. You must identify FAA Docket No. 
FAA-2020-0937/Airspace Docket No. 20-AEA-11, at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except federal holidays.
    FAA Order 7400.11E, 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 7400.11E at NARA, email [email protected] 
or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 amend the Class D airspace, Class E surface area, and Class 
E airspace extending upward from 700 feet above the surface at Niagara 
Falls International Airport, Niagara Falls, NY; amend the Class E 
airspace extending upward from 700 feet above the surface at Buffalo 
Niagara International Airport, Buffalo, NY, and Akron Airport/Jesson 
Field, Akron, NY, contained within the Buffalo, NY, airspace legal 
description; and establish Class E airspace extending upward from 700 
feet above the surface at Buffalo-Lancaster Regional Airport, 
Lancaster, NY, which will be contained within the Buffalo, NY, airspace 
legal description, to support instrument flight rule operations at 
these airports.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2020-0937/
Airspace Docket No. 20-AEA-11.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Federal Aviation Administration, Air Traffic 
Organization, Central Service Center, Operations Support Group, 10101 
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace 
Designations and Reporting Points, dated July 21, 2020, and effective 
September 15, 2020. FAA Order 7400.11E is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11E lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by:
    Amending the Class D airspace to within a 4.6-mile (increased from 
a 4.5-mile) radius of Niagara Falls International Airport, Niagara 
Falls, NY; amending the extension to 1 mile (decreased from 1.8 miles) 
each side of the 090[deg] bearing from the Niagara Falls Intl: RWY 28R-
LOC (previously KATHI LOM) extending from the 4.6-mile radius of the 
airport to 4.8 miles east of the airport; and replacing the outdated 
term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Amending the Class E surface area airspace to within a 4.6-mile 
(increased from a 4.5-mile) radius of Niagara Falls International 
Airport, Niagara Falls, NY; amending the extension to 1 mile (decreased 
from 1.8 miles) each side of the 090[deg] bearing from the Niagara 
Falls Intl: RWY 28R-LOC (previously KATHI LOM) extending from the 4.6-
mile radius of the airport to 4.8 miles east of the airport; and 
replacing the outdated term ``Airport/Facility Directory'' with ``Chart 
Supplement'';
    And amending the Class E airspace extending upward from 700 feet 
above the surface to within a 7.5-mile (increased from a 6.7-mile) 
radius of Buffalo Niagara International Airport, Buffalo, NY; removing 
the extensions

[[Page 70091]]

associated with Buffalo Niagara International Airport as they are no 
longer needed; updating the name and geographic coordinates of Buffalo 
Niagara International Airport (previously Greater Buffalo International 
Airport) to coincide with the FAA's aeronautical database; removing the 
Buffalo VORTAC from the airspace legal description as it is no longer 
needed; removing ``and within the arc of a 10.5-mile radius circle from 
052[deg] to 112[deg] clockwise, centered on a point, lat. 
42[deg]56'26'' N, long. 78[deg]44'10'' W'' as it is no longer needed; 
amending the Class E airspace extending upward from 700 feet above the 
surface to within a 7.1-mile (increased from a 7-mile) radius of 
Niagara Falls International Airport, contained within the Buffalo, NY, 
airspace legal description; amending the extension from Niagara Falls 
International Airport to within 8.2 miles north (increased from 7 
miles) and 7 miles (increased from 5.2 miles) south of the 090[deg] 
bearing from the KATHI NDB (previously Niagara Falls International 
Airport east localizer course) extending from the KATHI NDB (previously 
OM) to 16.8 miles (increased from 10.5 miles) east of the KATHI NDB 
(previously OM); removing the Niagara Falls International Airport East 
Localizer Course OM as it is no longer needed; updating the geographic 
coordinates of Niagara Falls International Airport to coincide with the 
FAA's aeronautical database; amending the Class E airspace extending 
upward from 700 feet above the surface to within a 6.3-mile (decreased 
from a 6.4-mile) radius of Akron Airport/Jesson Field, Akron, NY, 
contained within the Buffalo, NY, airspace legal description; removing 
the extension associated with Akron Airport/Jesson Field as it is no 
longer needed; and updating the name and geographic coordinate of Akron 
Airport/Jesson Field (previously Akron Airport) to coincide with the 
FAA's aeronautical database; and establishing Class E airspace 
extending upward from 700 feet above the surface within a 6.3-mile 
radius of Buffalo-Lancaster Regional Airport, Lancaster, NY, which will 
be contained within the Buffalo, NY, airspace legal description.
    This action is the result of airspace reviews caused by the 
establishment of new instrument procedures at Buffalo-Lancaster 
Regional Airport.
    Class D and E airspace designations are published in paragraph 
5000, 6002, and 6005, respectively, of FAA Order 7400.11E, dated July 
21, 2020, and effective September 15, 2020, which is incorporated by 
reference in 14 CFR 71.1. The Class D and E airspace designations 
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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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 7400.11E, 
Airspace Designations and Reporting Points, dated July 21, 2020, and 
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Niagara Falls, NY [Amended]

Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
Niagara Falls Intl: RWY 28R-LOC
    (Lat. 43[deg]01'16'' N, long. 78[deg]58'19'' W)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 4.6-mile radius of Niagara Falls 
International Airport, and within 1 mile each side of the 090[deg] 
bearing from the Niagara Falls Intl: RWY 28R-LOC extending from the 
4.6-mile radius to 4.8 miles east of the airport, excluding the 
portion outside the United States and that airspace which coincides 
with the Buffalo, NY, Class C airspace. This Class D airspace area 
is effective during specific dates and times established in advance 
by a Notice to Airmen. The effective date and time will thereafter 
be published continuously in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AEA NY E2 Niagara Falls, NY [Amended]

Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
Niagara Falls Intl: RWY 28R-LOC
    (Lat. 43[deg]01'16'' N, long. 78[deg]58'19'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of Niagara Falls International Airport, and within 1 
mile each side of the 090[deg] bearing from the Niagara Falls Intl: 
RWY 28R-LOC extending from the 4.6-mile radius to 4.8 miles east of 
the airport, excluding the portion outside the United States and 
that airspace which coincides with the Buffalo, NY, Class C 
airspace. This Class E airspace area is effective during specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be published continuously in 
the Chart Supplement.

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

* * * * *

AEA NY E5 Buffalo, NY [Amended]

Buffalo Niagara International Airport, NY
    (Lat. 42[deg]56'26'' N, long. 78[deg]43'50'' W)
Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
KATHI NDB
    (Lat. 43[deg]06'33'' N, long. 78[deg]50'18'' W)
Akron Airport/Jesson Field, NY
    (Lat. 43[deg]01'16'' N, long. 78[deg]28'57'' W)
Buffalo-Lancaster Regional Airport, NY
    (Lat. 42[deg]55'19'' N, long. 78[deg]36'43'' W)
Buffalo Airfield, NY
    (Lat. 42[deg]51'43'' N, long. 78[deg]43'00'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.5-mile radius of the Buffalo Niagara International 
Airport, and within a 7.1-mile radius of Niagara Falls International 
Airport, and within 8.2 miles north and 7 miles south of the 
090[deg] bearing from the KATHI NDB extending from the KATHI NDB to 
16.8 miles

[[Page 70092]]

east of the KATHI NDB, and within a 6.3-mile radius of Akron 
Airport/Jesson Field, and within a 6.3-mile radius of Buffalo-
Lancaster Regional Airport, and within a 6.3-mile radius of Buffalo 
Airfield.

    Issued in Fort Worth, Texas, on October 29, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-24336 Filed 11-3-20; 8:45 am]
BILLING CODE 4910-13-P